32. While such was the situation of affairs in Samnium, all the states of Etruria, except the Arretians, had taken arms, and vigorously commenced hostilities, by laying siege to Sutrium; which city, being in alliance with the Romans, served as a barrier against Etruria. Thither the other consul, Aemilius, came with an army to deliver the allies from the siege. On the arrival of the Romans, the Sutrians conveyed a plentiful supply of provisions into their camp, which was pitched before the city. The Etrurians spent the first day in deliberating whether they should expedite or protract the war. On the day following, when the speedier plan pleased the leaders in preference to the safer, as soon as the sun rose the for battle was displayed, and the troops marched out to the field; which being reported to the consul, he instantly commanded notice to be given, that they should dine, and after taking refreshment, then appear under arms. The order was obeyed; and the consul, seeing them armed and in readiness, ordered the standards to be carried forth beyond the rampart, and drew up his men at a small distance from the enemy. Both parties stood a long time with fixed attention, each waiting for the shout and fight to begin on the opposite side; and the sun had passed the meridian before a weapon was thrown by either side. Then, rather than leave the place without something being done, the shout was given by the Etrurians, the trumpets sounded, and the battalions advanced. With no less alertness do the Romans commence the fight: both rushed to the fight with violent animosity; the enemy were superior in numbers, the Romans in valour. The battle being doubtful, carries off great numbers on both sides, particularly the men of greatest courage; nor did victory declare itself, until the second line of the Romans came up fresh to the front, in the place of the first, who were much fatigued. The Etrurians, because their front line was not supported by any fresh reserves, fell all before and round the standards, and in no battle whatever would there have been seen less disposition to run, or a greater effusion of human blood, had not the night sheltered the Etrurians, who were resolutely determined on death; so that the victors, not the vanquished, were the first who desisted from fighting. After sunset the signal for retreat was given, and both parties retired in the night to their camps. During the remainder of the year, nothing memorable was effected at Sutrium; for, of the enemy's army, the whole first line had been cut off in one battle, the reserves only being left, who were scarce sufficient to guard the camp; and, among the Romans, so numerous were the wounds, that more wounded men died after the battle than had fallen in the field.

33. Quintus Fabius, consul for the ensuing year, succeeded to the command of the army at Sutrium; the colleague given to him was Caius Marcius Rutilus. On the one side, Fabius brought with him a reinforcement from Rome, and on the other, a new army had been sent for, and came from home, to the Etrurians. Many years had now passed without any disputes between the patrician magistrates and plebeian tribunes, when a contest took its rise from that family, which seemed raised by fate as antagonists to the tribunes and commons of those times; Appius Claudius, being censor, when the eighteen months had expired, which was the time limited by the Aemilian law for the duration of the censorship, although his colleague Caius Plautius had already resigned his office, could not be prevailed on, by any means, to give up his. There was a tribune of the commons, Publius Sempronius; he undertook to enforce a legal process for terminating the censorship within the lawful time, which was not more popular than just, nor more pleasing to the people generally than to every man of character in the city. After he frequently appealed to the Aemilian law, and bestowed commendations on Mamercus Aemilius, who, in his dictatorship, had been the author of it, for having contracted, within the space of a year and six months, the censorship, which formerly had lasted five years, and was a power which, in consequence of its long continuance, often became tyrannical, he proceeded thus: "Tell me, Appius Claudius, in what manner you would have acted, had you been censor, at the time when Caius Furius and Marcus Geganius were censors?" Appius insisted, that "the tribune's question was irrelevant to his case. For, although the Aemilian law might bind those censors, during whose magistracy it was passed,—because the people made that law after they had become censors; and whatever order is the last passed by the people, that is held to be the law, and valid:—yet neither he, nor any of those who had been created censors subsequent to the passing of that law, could be bound by it."

34. While Appius urged such frivolous arguments as these, which carried no conviction whatever, the other said, "Behold, Romans, the offspring of that Appius, who being created decemvir for one year, created himself for a second; and who, during a third, without being created even by himself or by any other, held on the fasces and the government though a private individual; nor ceased to continue in office, until the government itself, ill acquired, ill administered, and ill retained, overwhelmed him in ruin. This is the same family, Romans, by whose violence and injustice ye were compelled to banish yourselves from your native city, and seize on the Sacred mount; the same, against which ye provided for yourselves the protection of tribunes; the same, on account of which two armies of you took post on the Aventine; the same, which violently opposed the laws against usury, and always the agrarian laws; the same, which broke through the right of intermarriage between the patricians and the commons; the same, which shut up the road to curule offices against the commons: this is a name, more hostile to your liberty by far, than that of the Tarquins. I pray you, Appius Claudius, though this is now the hundredth year since the dictatorship of Mamercus Aemilius, though there have been so many men of the highest characters and abilities censors, did none of these ever read the twelve tables? none of them know, that, whatever was the last order of the people, that was law? Nay, certainly they all knew it; and they therefore obeyed the Aemilian law, rather than the old one, under which the censors had been at first created; because it was the last order; and because, when two laws are contradictory, the new always repeals the old. Do you mean to say, Appius, that the people are not bound by the Aemilian law? Or, that the people are bound, and you alone exempted? The Aemilian law bound those violent censors, Caius Furius and Marcus Geganius, who showed what mischief that office might do in the state; when, out of resentment for the limitation of their power, they disfranchised Mamercus Aemilius, the first man of the age, either in war or peace. It bound all the censors thenceforward, during the space of a hundred years. It binds Caius Plautius your colleague, created under the same auspices, with the same privileges. Did not the people create him with the fullest privileges with which any censor ever was created? Or is yours an excepted case, in which this peculiarity and singularity takes place? Shall the person, whom you create king of the sacrifices, laying hold of the style of sovereignty, say, that he was created with the fullest privileges with which any king was ever created at Rome? Who then, do you think, would be content with a dictatorship of six months? who, with the office of interrex for five days? Whom would you, with confidence, create dictator, for the purpose of driving the nail, or of exhibiting games? How foolish, how stupid, do ye think, those must appear in this man's eyes, who, after performing most important services, abdicated the dictatorship within the twentieth day; or who, being irregularly created, resigned their office? Why should I bring instances from antiquity? Lately, within these last ten years, Caius Maenius, dictator, having enforced inquiries, with more strictness than consisted with the safety of some powerful men, a charge was thrown out by his enemies, that he himself was infected with the very crime against which his inquiries were directed;—now Maenius, I say, in order that he might, in a private capacity, meet the imputation, abdicated the dictatorship. I expect not such moderation in you; you will not degenerate from your family, of all others the most imperious and assuming; nor resign your office a day, nor even an hour, before you are forced to it. Be it so: but then let no one exceed the time limited. It is enough to add a day, or a month, to the censorship. But Appius says, I will hold the censorship, and hold it alone, three years and six months longer than is allowed by the Aemilian law. Surely this is like kingly power. Or will you fill up the vacancy with another colleague, a proceeding not allowable, even in the case of the death of a censor? You are not satisfied that, as if a religious censor, you have degraded a most ancient solemnity, and the only one instituted by the very deity to whom it is performed, from priests of that rite who were of the highest rank to the ministry of mere servants. [You are not satisfied that] a family, more ancient than the origin of this city, and sanctified by an intercourse of hospitality with the immortal gods, has, by means of you and your censorship, been utterly extirpated, with all its branches, within the space of a year, unless you involve the whole commonwealth in horrid guilt, which my mind feels a horror even to contemplate. This city was taken in that lustrum in which Lucius Papirius Cursor, on the death of his colleague Julius, the censor, rather than resign his office, substituted Marcus Cornelius Maluginensis. Yet how much more moderate was his ambition, Appius, than yours! Lucius Papirius neither held the censorship alone, nor beyond the time prescribed by law. But still he found no one who would follow his example; all succeeding censors, in case of the death of a colleague, abdicated the office. As for you, neither the expiration of the time of your censorship, nor the resignation of your colleague, nor law, nor shame restrains you. You make fortitude to consist in arrogance, in boldness, in a contempt of gods and men. Appius Claudius, in consideration of the dignity and respect due to that office which you have borne, I should be sorry, not only to offer you personal violence, but even to address you in language too severe. With respect to what I have hitherto said, your pride and obstinacy forced me to speak. And now, unless you pay obedience to the Aemilian law, I shall order you to be led to prison. Nor, since a rule has been established by our ancestors, that in the election of censors unless two shall obtain the legal number of suffrages, neither shall be returned, but the election deferred,—will I suffer you, who could not singly be created censor, to hold the censorship without a colleague." Having spoken to this effect he ordered the censor to be seized, and borne to prison. But although six of the tribunes approved of the proceeding of their colleague, three gave their support to Appius, on his appealing to them, and he held the censorship alone, to the great disgust of all ranks of men.

35. While such was the state of affairs at Rome, the Etrurians had laid siege to Sutrium, and the consul Fabius, as he was marching along the foot of the mountains, with a design to succour the allies, and attempt the enemy's works, if it were by any means practicable, was met by their army prepared for battle. As the wide-extended plain below showed the greatness of their force, the consul, in order to remedy his deficiency in point of number, by advantage of the ground, changed the direction of his route a little towards the hills, where the way was rugged and covered with stones, and then formed his troops, facing the enemy. The Etrurians, thinking of nothing but their numbers, on which alone they depended, commence the fight with such haste and eagerness, that, in order to come the sooner to a close engagement, they threw away their javelins, drew their swords, rushing against the enemy. On the other side, the Romans poured down on them, sometimes javelins, and sometimes stones which the place abundantly supplied; so that whilst the blows on their shields and helmets confused even those whom they did not wound, (it was neither an easy matter to come to close quarters, nor had they missive weapons with which to fight at a distance,) when there was nothing now to protect them whilst standing and exposed to the blows, some even giving way, and the whole line wavering and unsteady the spearmen and the first rank, renewing the shout, rush on them with drawn swords. This attack the Etrurians could not withstand, but, facing about, fled precipitately towards their camp; when the Roman cavalry, getting before them by galloping obliquely across the plain, threw themselves in the way of their flight, on which they quitted the road, and bent their course to the mountains. From thence, in a body, almost without arms, and debilitated with wounds, they made their way into the Ciminian forest. The Romans, having slain in many thousands of the Etrurians, and taken thirty-eight military standards, took also possession of their camp, together with a vast quantity of spoil. They then began to consider of pursuing the enemy.

36. The Ciminian forest was in those days deemed as impassable and frightful as the German forests have been in latter times; not even any trader having ever attempted to pass it. Hardly any, besides the general himself, showed boldness enough to enter it; the others had not the remembrance of the disaster at Caudium effaced from their mind. On this, of those who were present, Marcus Fabius, the consul's brother, (some say Caeso, others Caius Claudius, born of the same mother with the consul,) undertook to go and explore the country, and to bring them in a short time an account of every particular. Being educated at Caere, where he had friends, he was perfectly acquainted with the Etrurian language. I have seen it affirmed, that, in those times, the Roman youth were commonly instructed in the Etrurian learning, as they are now in the Greek: but it is more probable, that there was something very extraordinary in the person who acted so daringly a counterfeit part, and mixed among the enemy. It is said, that his only attendant was a slave, who had been bred up with him, and who was therefore not ignorant of the same language. They received no further instructions at their departure, than a summary description of the country through which they were to pass; to this was added the names of the principal men in the several states, to prevent their being at a loss in conversation, and from being discovered by making some mistake. They set out in the dress of shepherds, armed with rustic weapons, bills, and two short javelins each. But neither their speaking the language of the country, nor the fashion of their dress and arms, concealed them so effectually, as the incredible circumstance of a stranger's passing the Ciminian forest. They are said to have penetrated as far as the Camertian district of the Umbrians: there the Romans ventured to own who they were, and being introduced to the senate, treated with them, in the name of the consul, about an alliance and friendship; and after being entertained with courteous hospitality, were desired to acquaint the Romans, that if they came into those countries, there should be provisions in readiness for the troops sufficient for thirty days, and that they should find the youth of the Camertian Umbrians prepared in arms to obey their commands. When this information was brought to the consul, he sent forward the baggage at the first watch, ordering the legions to march in the rear of it. He himself staid behind with the cavalry, and the next day, as soon as light appeared, rode up to the posts of the enemy, which had been stationed on the outside of the forest; and, when he had detained them there for a sufficient length of time, he retired to his camp, and marching out by the opposite gate, overtook the main body of the army before night. At the first light, on the following day, he had gained the summit of Mount Ciminius, from whence having a view of the opulent plains of Etruria, he let loose his soldiers upon them. When a vast booty had been driven off, some tumultuary cohorts of Etrurian peasants, hastily collected by the principal inhabitants of the district, met the Romans; but in such disorderly array, that these rescuers of the prey were near becoming wholly a prey themselves. These being slain or put to flight, and the country laid waste to a great extent, the Romans returned to their camp victorious, and enriched with plenty of every kind. It happened that, in the mean time, five deputies, with two plebeian tribunes, had come hither, to charge Fabius, in the name of the senate, not to attempt to pass the Ciminian forest. These, rejoicing that they had arrived too late to prevent the expedition, returned to Rome with the news of its success.

37. By this expedition of the consul, the war, instead of being brought nearer to a conclusion, was only spread to a wider extent: for all the tract adjacent to the foot of Mount Ciminius had felt his devastations; and, out of the indignation conceived thereat, had roused to arms, not only the states of Etruria, but the neighbouring parts of Umbria. They came therefore to Sutrium, with such a numerous army as they had never before brought into the field; and not only ventured to encamp on the outside of the wood, but through their earnest desire of coming to an engagement as soon as possible, marched down the plains to offer battle. The troops, being marshalled, stood at first, for some time, on their own ground, having left a space sufficient for the Romans to draw up, opposite to them; but perceiving that the enemy declined fighting, they advanced to the rampart; where, when they observed that even the advanced guards had retired within the works, a shout at once was raised around their generals, that they should order provisions for that day to be brought down to them: "for they were resolved to remain there under arms; and either in the night, or, at all events, at the dawn of day, to attack the enemy's camp." The Roman troops, though not less eager for action, were restrained by the commands of the general. About the tenth hour, the consul ordered his men a repast; and gave directions that they should be ready in arms, at whatever time of the day or night he should give the signal. He then addressed a few words to them; spoke in high terms of the wars of the Samnites, and disparagingly of the Etrurians, who "were not," he said, "as an enemy to be compared with other enemies, nor as a numerous force, with others in point of numbers. Besides, he had an engine at work, as they should find in due time; at present it was of importance to keep it secret." By these hints he intimated that the enemy was circumvented in order to raise the courage of his men, damped by the superiority of the enemy's force; and, from their not having fortified the post where they lay, the insinuation of a stratagem formed against them seemed the more credible. After refreshing themselves, they consigned themselves to rest, and being roused without noise, about the fourth watch, took arms. Axes are distributed among the servants following the army, to tear down the rampart and fill up the trench. The line was formed within the works, and some chosen cohorts posted close to the gates. Then, a little before day, which in summer nights is the time of the profoundest sleep, the signal being given, the rampart was levelled, and the troops rushing forth, fell upon the enemy, who were every where stretched at their length. Some were put to death before they could stir; others half asleep, in their beds; the greatest part, while they ran in confusion to arms; few, in short, had time afforded them to arm themselves; and these, who followed no particular leader, nor orders, were quickly routed by the Romans and pursued by the Roman horse. They fled different ways; to the camp and to the woods. The latter afforded the safer refuge; for the former, being situated in a plain, was taken the same day. The gold and silver was ordered to be brought to the consul; the rest of the spoil was given to the soldiers. On that day, sixty thousand of the enemy were slain or taken. Some affirm, that this famous battle was fought on the farther side of the Ciminian forest, at Perusia; and that the public had been under great dread, lest the army might be enclosed in such a dangerous pass, and overpowered by a general combination of the Etrurians and Umbrians. But on whatever spot it was fought, it is certain that the Roman power prevailed; and, in consequence thereof, ambassadors from Perusia, Cortona, and Arretium, which were then among the principal states of Etruria, soliciting a peace and alliance with the Romans, obtained a truce for thirty years.

38. During these transactions in Etruria, the other consul, Caius Marcius Rutilus, took Allifae by storm from the Samnites; and many of their forts, and smaller towns, were either destroyed by his arms, or surrendered without being injured. About the same time also, the Roman fleet, having sailed to Campania, under Publius Cornelius, to whom the senate had given the command on the sea-coast, put into Pompeii. Immediately on landing, the soldiers of the fleet set out to ravage the country about Nuceria: and after they had quickly laid waste the parts which lay nearest, and whence they could have returned to the ships with safety, they were allured by the temptation of plunder, as it often happens, to advance too far, and thereby roused the enemy against them. While they rambled about the country, they met no opposition, though they might have been cut off to a man; but as they were returning, in a careless manner, the peasants overtook them, not far from the ships, stripped them of the booty, and even slew a great part of them. Those who escaped were driven in confusion to the ships. As Fabius' having marched through the Ciminian forest had occasioned violent apprehensions at Rome, so it had excited joy in proportion among the enemy in Samnium: they talked of the Roman army being pent up, and surrounded; and of the Caudine forks, as a model of their defeat. "Those people," they said, "ever greedy after further acquisitions, were now brought into inextricable difficulties, hemmed in, not more effectually by the arms of their enemy, than by the disadvantage of the ground." Their joy was even mingled with a degree of envy, because fortune, as they thought, had transferred the glory of finishing the Roman war, from the Samnites to the Etrurians: they hastened, therefore, with their whole collected force, to crush the consul Caius Marcius; resolving, if he did not give them an opportunity of fighting, to proceed, through the territories of the Marsians and Sabines, into Etruria. The consul met them, and a battle was fought with great fury on both sides, but without a decisive issue. Although both parties suffered severely, yet the discredit of defeat fell on the Romans, because several of equestrian rank, some military tribunes, with one lieutenant-general, had fallen; and, what was more remarkable than all, the consul himself was wounded. On account of this event, exaggerated by report as is usual, the senate became greatly alarmed, so that they resolved on having a dictator nominated. No one entertained a doubt that the nomination would light on Papirius Cursor, who was then universally deemed to possess the greatest abilities as a commander: but they could not be certain, either that a message might be conveyed with safety into Samnium, where all was in a state of hostility, or that the consul Marcius was alive. The other consul, Fabius, was at enmity with Papirius, on his own account; and lest this resentment might prove an obstacle to the public good, the senate voted that deputies of consular rank should be sent to him, who, uniting their own influence to that of government, might prevail on him to drop, for the sake of his country, all remembrance of private animosities. When the deputies, having come to Fabius, delivered to him the decree of the senate, adding such arguments as were suitable to their instructions, the consul, casting his eyes towards the ground, retired in silence, leaving them in uncertainty what part he intended to act. Then, in the silent time of the night, according to the established custom, he nominated Lucius Papirius dictator. When the deputies returned him thanks, for so very meritoriously subduing his passion, he still persevered in obstinate silence, and dismissed them without any answer, or mention of what he had done: a proof that he felt an extraordinary degree of resentment, which had been suppressed within his breast. Papirius appointed Caius Junius Bubulcus master of the horse; and, as he was proceeding in an assembly of the Curiae [Footnote: The comitia curiata, or assemblies of the curiae, alone had the power of conferring military command; no magistrate, therefore, could assume the command without the previous order of their assembly. In time, this came to be a mere matter of form; yet the practice always continued to be observed.] to get an order passed respecting the command of the army, an unlucky omen obliged him to adjourn it; for the Curia which was to vote first, happened to be the Faucian, remarkably distinguished by two disasters, the taking of the city, and the Caudine peace; the same Curia having voted first in those years in which the said events are found. Licinius Macer supposes this Curia ominous, also, on account of a third misfortune, that which was experienced at the Cremera.

39. Next day the dictator, taking the auspices anew, obtained the order, and, marching out at the head of the legions, lately raised on the alarm occasioned by the army passing the Ciminian forest, came to Longula; where having received the old troops of the consul Marcius, he led on his forces to battle; nor did the enemy seem to decline the combat. However, they stood drawn up for battle and under arms, until night came on; neither side choosing to begin the fray. After this, they continued a considerable time encamped near each other, without coming to action; neither diffident of their own strength, nor despising the adversary. Meanwhile matters went on actively in Etruria; for a decisive battle was fought with the Umbrians, in which the enemy was routed, but lost not many men, for they did not maintain the fight with the vigour with which they began it. Besides this the Etrurians, having raised an army under the sanctions of the devoting law, each man choosing another, came to an engagement at the Cape of Vadimon, with more numerous forces, and, at the same time, with greater spirit than they had ever shown before. The battle was fought with such animosity that no javelins were thrown by either party: swords alone were made use of; and the fury of the combatants was still higher inflamed by the long-continued contest; so that it appeared to the Romans as if they were disputing, not with Etrurians, whom they had so often conquered, but with a new race. Not the semblance of giving ground appeared in any part; the first lines fell; and lest the standards should be exposed, without defence, the second lines were formed in their place. At length, even the men forming the last reserves were called into action; and to such an extremity of difficulty and danger had they come, that the Roman cavalry dismounted, and pressed forward, through heaps of arms and bodies, to the front ranks of the infantry. These starting up a new army, as it were, among men now exhausted, disordered the battalions of the Etrurians; and the rest, weak as their condition was, seconding their assault, broke at last through the enemy's ranks. Their obstinacy then began to give way: some companies quitted their posts, and, as soon as they once turned their backs, betook themselves to more decided flight. That day first broke the strength of the Etrurians, now grown exuberant through a long course of prosperity; all the flower of their men were cut off in the field, and in the same assault their camp was seized and sacked.

40. Equal danger, and an issue equally glorious, soon after attended the war with the Samnites; who, besides their many preparations for the field, made their army to glitter with new decorations of their armour. Their troops were in two divisions, one of which had their shields embossed with gold, the other with silver. The shape of the shield was this; broad at the middle to cover the breast and shoulders, the summit being flat, sloping off gradually so as to become pointed below, that it might be wielded with ease; a loose coat of mail also served as a protection for the breast, and the left leg was covered with a greave; their helmets were adorned with plumes, to add to the appearance of their stature. The golden-armed soldiers wore tunics of various colours; the silver-armed, of white linen. To the latter the right wing was assigned; the former took post on the left. The Romans had been apprized of these splendid accoutrements, and had been taught by their commanders, that "a soldier ought to be rough; not decorated with gold and silver, but placing his confidence in his sword. That matters of this kind were in reality spoil rather than armour; glittering before action, but soon becoming disfigured amid blood and wounds. That the brightest ornament of a soldier was valour; that all those trinkets would follow victory, and that those rich enemies would be valuable prizes to the conquerors, however poor." Cursor, having animated his men with these observations, led them on to battle. He took post himself on the right wing, he gave the command of the left to the master of the horse. As soon as they engaged, the struggle between the two armies became desperate, while it was no less so between the dictator and the master of the horse, on which wing victory should first show itself. It happened that Junius first, with the left wing, made the right of the enemy give way; this consisted of men devoted after the custom of Samnites, and on that account distinguished by white garments and armour of equal whiteness. Junius, saying "he would sacrifice these to Pluto," pressed forward, disordered their ranks, and made an evident impression on their line: which being perceived by the dictator, he exclaimed, "Shall the victory begin on the left wing, and shall the right, the dictator's own troops, only second the arms of others, and not claim the greatest share of the victory?" This spurred on the soldiers: nor did the cavalry yield to the infantry in bravery, nor the ardour of lieutenants-general to that of the commanders. Marcius Valerius from the right wing, and Publius Decius from the left, both men of consular rank, rode off to the cavalry, posted on the extremities of the line, and, exhorting them to join in putting in for a share of the honour, charged the enemy on the flanks. When the addition of this new alarm assailed the enemies' troops on both sides, and the Roman legions, having renewed the shout to confound the enemy, rushed on, they began to fly. And now the plains were quickly filled with heaps of bodies and splendid armour. At first, their camp received the dismayed Samnites; but they did not long retain even the possession of that: before night it was taken, plundered, and burnt. The dictator triumphed, in pursuance of a decree of the senate; and the most splendid spectacle by far, of any in his procession, was the captured arms: so magnificent were they deemed, that the shields, adorned with gold, were distributed among the owners of the silver shops, to serve as embellishments to the forum. Hence, it is said, arose the custom of the forum being decorated by the aediles, when the grand processions are made on occasion of the great games. The Romans, indeed, converted these extraordinary arms to the honour of the gods: but the Campanians, out of pride, and in hatred of the Samnites, gave them as ornaments to their gladiators, who used to be exhibited as a show at their feasts, and whom they distinguished by the name of Samnites. During this year, the consul Fabius fought with the remnants of the Etrurians at Perusia, which city also had violated the truce, and gained an easy and decisive victory. He would have taken the town itself (for he marched up to the walls,) had not deputies come out and capitulated. Having placed a garrison at Perusia, and sent on before him to the Roman senate the embassies of Etruria, who solicited friendship, the consul rode into the city in triumph, for successes more important than those of the dictator. Besides, a great share of the honour of reducing the Samnites was attributed to the lieutenants-general, Publius Decius and Marcius Valerius: whom, at the next election, the people, with universal consent, declared the one consul, the other praetor.

41. To Fabius, in consideration of his extraordinary merit in the conquest of Etruria, the consulship was continued. Decius was appointed his colleague. Valerius was created praetor a fourth time. The consuls divided the provinces between them. Etruria fell to Decius, Samnium to Fabius. The latter, having marched to Nuceria, rejected the application of the people of Alfaterna, who then sued for peace, because they had not accepted it when offered, and by force of arms compelled them to surrender. A battle was fought with the Samnites; the enemy were overcome without much difficulty: nor would the memory of that engagement have been preserved, except that in it the Marsians first appeared in arms against the Romans. The Pelignians, imitating the defection of the Marsians, met the same fate. The other consul, Decius, was likewise very successful in his operations: through terror he compelled the Tarquinians to supply his army with corn, and to sue for a truce for forty years. He took several forts from the Volsinians by assault, some of which he demolished, that they might not serve as receptacles to the enemy, and by extending his operations through every quarter, diffused such a dread of his arms, that the whole Etrurian nation sued to the consul for an alliance: this they did not obtain; but a truce for a year was granted them. The pay of the Roman army for that year was furnished by the enemy; and two tunics for each soldier were exacted from them: this was the purchase of the truce. The tranquillity now established in Etruria was interrupted by a sudden insurrection of the Umbrians, a nation which had suffered no injury from the war, except what inconvenience the country had felt in the passing of the army. These, by calling into the field all their own young men, and forcing a great part of the Etrurians to resume their arms, made up such a numerous force, that speaking of themselves with ostentatious vanity and of the Romans with contempt, they boasted that they would leave Decius behind in Etruria, and march away to besiege Rome; which design of theirs being reported to the consul Decius, he removed by long marches from Etruria towards their city, and sat down in the district of Pupinia, in readiness to act according to the intelligence received of the enemy. Nor was the insurrection of the Umbrians slighted at Rome: their very threats excited tears among the people, who had experienced, in the calamities suffered from the Gauls, how insecure a city they inhabited. Deputies were therefore despatched to the consul Fabius with directions, that, if he had any respite from the war of the Samnites, he should with all haste lead his army into Umbria. The consul obeyed the order, and by forced marches proceeded to Mevania, where the forces of the Umbrians then lay. The unexpected arrival of the consul, whom they had believed to be sufficiently employed in Samnium, far distant from their country, so thoroughly affrighted the Umbrians, that several advised retiring to their fortified towns; others, the discontinuing the war. However, one district, called by themselves Materina, prevailed on the rest not only to retain their arms, but to come to an immediate engagement. They fell upon Fabius while he was fortifying his camp. When the consul saw them rushing impetuously towards his rampart, he called off his men from the work, and drew them up in the best manner which the nature of the place and the time allowed; encouraging them by displaying, in honourable and just terms, the glory which they had acquired, as well in Etruria as in Samnium, he bade them finish this insignificant appendage to the Etrurian war, and take vengeance for the impious expressions in which these people had threatened to attack the city of Rome. Such was the alacrity of the soldiers on hearing this, that, raising the shout spontaneously, they interrupted the general's discourse, and, without waiting for orders, advanced, with the sound of all the trumpets and cornets, in full speed against the enemy. They made their attack not as on men, or at least men in arms, but, what must appear wonderful in the relation, began by snatching the standards out of the hands which held them; and then, the standard-bearers themselves were dragged to the consul, and the armed soldiers transferred from the one line to the other; and wherever resistance was any where made, the business was performed, not so much with swords, as with their shields, with the bosses of which, and thrusts of their elbows, they bore down the foe. The prisoners were more numerous than the slain, and through the whole line the Umbrians called on each other, with one voice, to lay down their arms. Thus a surrender was made in the midst of action, by the first promoters of the war; and on the next and following days, the other states of the Umbrians also surrendered. The Ocriculans were admitted to a treaty of friendship on giving security.

42. Fabius, successful in a war allotted to another, led back his army into his own province. And as, in the preceding year, the people had, in consideration of his services so successfully performed, re-elected him to the consulship, so now the senate, from the same motive, notwithstanding a warm opposition made by Appius, prolonged his command for the year following, in which Appius Claudius and Lucius Volumnius were consuls. In some annals I find, that Appius, still holding the office of censor, declared himself a candidate for the consulship, and that his election was stopped by a protest of Lucius Furius, plebeian tribune, until he resigned the censorship. After his election to the consulship, the new war with the Sallentine enemies being decreed to his colleague, he remained at Rome, with design to increase his interest by city intrigues, since the means of procuring honour in war were placed in the hands of others. Volumnius had no reason to be dissatisfied with his province: he fought many battles with good success, and took several cities by assault. He was liberal in his donations of the spoil; and this munificence, engaging in itself, he enhanced by his courteous demeanour, by which conduct he inspired his soldiers with ardour to meet both toil and danger. Quintus Fabius, proconsul, fought a pitched battle with the armies of the Samnites, near the city of Allifae. The victory was complete. The enemy were driven from the field, and pursued to their camp; nor would they have kept possession of that, had not the day been almost spent. It was invested, however, before night, and guarded until day, lest any should slip away. Next morning, while it was scarcely clear day, they proposed to capitulate, and it was agreed, that such as were natives of Samnium should be dismissed with single garments. All these were sent under the yoke. No precaution was taken in favour of the allies of the Samnites: they were sold by auction, to the number of seven thousand. Those who declared themselves subjects of the Hernicians, were kept by themselves under a guard. All these Fabius sent to Rome to the senate; and, after being examined, whether it was in consequence of a public order, or as volunteers, that they had carried arms on the side of the Samnites against the Romans, they were distributed among the states of the Latins to be held in custody; and it was ordered, that the new consuls, Publius Cornelius Arvina and Quintus Marcius Tremulus, who by this time had been elected, should lay that affair entire before the senate: this gave such offence to the Hernicians, that, at a meeting of all the states, assembled by the Anagnians, in the circus called the Maritime, the whole nation of the Hernicians, excepting the Alatrians, Ferentines, and Verulans, declared war against the Roman people.

43. In Samnium also, in consequence of the departure of Fabius, new commotions arose. Calatia and Sora, and the Roman garrisons stationed there, were taken, and extreme cruelty was exercised towards the captive soldiers: Publius Cornelius was therefore sent thither with an army. The command against the new enemy (for by this time an order had passed for declaring war against the Anagnians, and the rest of the Hernicians) was decreed to Marcius. These, in the beginning, secured all the passes between the camps of the consuls, in such a manner, that no messenger, however expert, could make his way from one to the other; and each consul spent several days in absolute uncertainty regarding every matter and in anxious suspense concerning the state of the other. Apprehensions for their safety spread even to Rome; so that all the younger citizens were compelled to enlist and two regular armies were raised, to answer sudden emergencies. The conduct of the Hernicians during the progress of the war afterwards, showed nothing suitable to the present alarm, or to the ancient renown of that nation. Without ever venturing any effort worth mentioning, being stripped of three different camps within a few days, they stipulated for a truce of thirty days, during which they might send to Rome, to the senate, on the terms of furnishing two months' pay, and corn, and a tunic to every soldier. They were referred back to Marcius by the senate, whom by a decree they empowered to determine regarding the Hernicians, and he accepted their submission. Meanwhile, in Samnium, the other consul, though superior in strength, was very much embarrassed by the nature of his situation; the enemy had blocked up all the roads, and seized on the passable defiles, so that no provisions could be conveyed; nor could the consul, though he daily drew out his troops and offered battle, allure them to an engagement. It was evident, that neither could the Samnites support an immediate contest, nor the Romans a delay of action. The approach of Marcius, who, after he had subdued the Hernicians, hastened to the succour of his colleague, put it out of the enemy's power any longer to avoid fighting: for they, who had not deemed themselves a match in the field, even for one of the armies, could not surely suppose that if they should allow the two consular armies to unite, they could have any hope remaining: they made an attack therefore on Marcius, as he was approaching in the irregular order of march. The baggage was hastily thrown together in the centre, and the line formed as well as the time permitted. First the shout which reached the standing camp of Cornelius, then the dust observed at a distance, excited a bustle in the camp of the other consul. Ordering his men instantly to take arms, and leading them out to the field with the utmost haste, he charged the flank of the enemy's line, which had enough to do in the other dispute, at the same time exclaiming, that "it would be the height of infamy if they suffered Marcius's army to monopolize the honour of both victories, and did not assert their claim to the glory of their own war." He bore down all before him, and pushed forward, through the midst of the enemy's line, to their camp, which, being left without a guard, he took and set on fire; which when the soldiers of Marcius saw in flames, and the enemy observed it on looking about, a general flight immediately took place among the Samnites. But they could not effect an escape in any direction; in every quarter they met death. After a slaughter of thirty thousand men, the consuls had now given the signal for retreat; and were collecting, into one body, their several forces, who were employed in mutual congratulations, when some new cohorts of the enemy, which had been levied for a reinforcement, being seen at a distance, occasioned a renewal of the carnage. On these the conquerors rushed, without any order of the consuls, or signal received, crying out, that they would make these Samnites pay dearly for their introduction to service. The consuls indulged the ardour of the legions, well knowing that the raw troops of the enemy, mixed with veterans dispirited by defeat, would be incapable even of attempting a contest. Nor were they wrong in their judgment: all the forces of the Samnites, old and new, fled to the nearest mountains. These the Roman army also ascended, so that no situation afforded safety to the vanquished; they were beaten off, even from the summits which they had seized. And now they all, with on voice, supplicated for a suspension of arms. On which, being ordered to furnish corn for three months, pay for a year, and a tunic to each of the soldiers, they sent deputies to the senate to sue for peace. Cornelius was left in Samnium. Marcius returned into the city, in triumph over the Hernicians; and a decree was passed for erecting to him, in the forum, an equestrian statue, which was placed before the temple of Castor. To three states of the Hernicians, (the Alatrians, Verulans, and Ferentines,) their own laws were restored, because they preferred these to the being made citizens of Rome; and they were permitted to intermarry with each other, a privilege which they alone of the Hernicians, for a long time after, enjoyed. To the Anagnians, and the others, who had made war on the Romans, was granted the freedom of the state, without the right of voting; public assemblies, and intermarriages, were not allowed them, and their magistrates were prohibited from acting except in the ministration of public worship. During this year, Caius Junius Bubulcus, censor, contracted for the building of a temple to Health, which he had vowed during his consulate in the war with the Samnites. By the same person, and his colleague, Marcus Valerius Maximus, roads were made through the fields at the public expense. During the same year the treaty with the Carthaginians was renewed a third time, and ample presents made to their ambassadors who came on that business.

44. This year had a dictator in office, Publius Cornelius Scipio, with Publius Decius Mus, master of the horse. By these the election of consuls was held, being the purpose for which they had been created, because neither of the consuls could be absent from the armies. The consuls elected were Lucius Postumius and Titus Minucius; whom Piso places next after Quintus Fabius and Publius Decius, omitting the two years in which I have set down Claudius with Volumnius, and Cornelius with Marcius, as consuls. Whether this happened through a lapse of memory in digesting his annals, or whether he purposely passed over those two consulates as deeming the accounts of them false, cannot be ascertained. During this year the Samnites made incursions into the district of Stellae in the Campanian territory. Both the consuls were therefore sent into Samnium, and proceeded to different regions, Postumius to Tifernum, Minucius to Bovianum. The first engagement happened at Tifernum, under the command of Postumius. Some say, that the Samnites were completely defeated, and twenty thousand of them made prisoners. Others, that the army separated without victory on either side; and that Postumius, counterfeiting fear, withdrew his forces privately by night, and marched away to the mountains; whither the enemy also followed, and took possession of a stronghold two miles distant. The consul, having created a belief that he had come thither for the sake of a safe post, and a fruitful spot, (and such it really was,) secured his camp with strong works. Furnishing it with magazines of every thing useful, he left a strong guard to defend it; and at the third watch, led away the legions lightly accoutred, by the shortest road which he could take, to join his colleague, who lay opposite to his foe. There, by advice of Postumius, Minucius came to an engagement with the enemy; and when the fight had continued doubtful through a great part of the day, Postumius, with his fresh legions, made an unexpected attack on the enemy's line, spent by this time with fatigue: thus, weariness and wounds having rendered them incapable even of flying, they were cut off to a man, and twenty-one standards taken. The Romans then proceeded to Postumius's station, where the two victorious armies falling upon the enemy, already dismayed by the news of what had passed, routed and dispersed them: twenty-six military standards were taken here, and the Samnite general, Statius Gellius, with a great number of other prisoners, and both the camps were taken. Next day Bovianum was besieged, and soon after taken. Both the consuls were honoured with a triumph, with high applause of their excellent conduct. Some writers say, that the consul Minucius was brought back to the camp grievously wounded, and that he died there; that Marcus Fulvius was substituted consul in his place, and that it was he who, being sent to command Minucius's army, took Bovianum. During the same year, Sora, Arpinum, and Censennia were recovered from the Samnites. The great statue of Hercules was erected in the Capitol, and dedicated.

45. In the succeeding consulate of Publius Sulpicius Saverrio and Publius Sempronius Sophus, the Samnites, desirous either of a termination or a suspension of hostilities, sent ambassadors to Rome to treat of peace; to whose submissive solicitations this answer was returned, that, "had not the Samnites frequently solicited peace, at times when they were actually preparing for war, their present application might, perhaps, in the course of negotiating, have produced the desired effect. But now, since words had hitherto proved vain, people's conduct must be guided by facts: that Publius Sempronius the consul would shortly be in Samnium with an army: that he could not be deceived in judging whether their dispositions inclined to peace or war. He would bring the senate certain information respecting every particular, and their ambassadors might follow the consul on his return from Samnium." When the Roman army accordingly marched through all parts of Samnium, which was in a state of peace, provisions being liberally supplied, a renewal of the old treaty was, this year, granted to the Samnites. The Roman arms were then turned against the Aequans, their old enemies, but who had, for many years past, remained quiet, under the guise of a treacherous peace, because, while the Hernicians were in a state of prosperity, these had, in conjunction with them, frequently sent aid to the Samnites; and after the Hernicians were subdued, almost the whole nation, without dissembling that they acted by public authority, had revolted to the enemy; and when, after the conclusion of the treaty with the Samnites at Rome, ambassadors were sent to demand satisfaction, they said, that "this was only a trial made of them, on the expectation that they would through fear suffer themselves to be made Roman citizens. But how much that condition was to be wished for, they had been taught by the Hernicians; who, when they had the option, preferred their own laws to the freedom of the Roman state. To people who wished for liberty to choose what they judged preferable, the necessity of becoming Roman citizens would have the nature of a punishment." In resentment of these declarations, uttered publicly in their assemblies, the Roman people ordered war to be made on the Aequans; and, in prosecution of this new undertaking, both the consuls marched from the city, and sat down at the distance of four miles from the camp of the enemy. The troops of the Aequans, like tumultuary recruits, in consequence of their having passed such a number of years without waging war on their own account, were all in disorder and confusion, without established officers and without command. Some advised to give battle, others to defend the camp; the greater part were influenced by concern for the devastation of their lands, likely to take place, and the consequent destruction of their cities, left with weak garrisons. Among a variety of propositions, one, however, was heard which, abandoning all concern for the public interest, tended to transfer every man's attention to the care of his private concerns. It recommended that, at the first watch, they should depart from the camp by different roads, so as to carry all their effects into the cities, and to secure them by the strength of the fortifications; this they all approved with universal assent. When the enemy were now dispersed through the country, the Romans, at the first dawn, marched out to the field, and drew up in order of battle; but no one coming to oppose them, they advanced in a brisk pace to the enemy's camp. But when they perceived neither guards before the gates, nor soldiers on the ramparts, nor the usual bustle of a camp,—surprised at the extraordinary silence, they halted in apprehension of some stratagem. At length, passing over the rampart, and finding the whole deserted, they proceeded to search out the tracks of the enemy. But these, as they scattered themselves to every quarter, occasioned perplexity at first. Afterwards discovering their design by means of scouts, they attacked their cities, one after another, and within the space of fifty days took, entirely by force, forty-one towns, most of which were razed and burnt, and the race of the Aequans almost extirpated. A triumph was granted over the Aequans. The Marrucinians, Marsians, Pelignians, and Ferentans, warned by the example of their disasters, sent deputies to Rome to solicit peace and friendship; and these states, on their submissive applications, were admitted into alliance.

46. In the same year, Cneius Flavius, son of Cneius, grandson of a freed man, a notary, in low circumstances originally, but artful and eloquent, was appointed curule aedile. I find in some annals, that, being in attendance on the aediles, and seeing that he was voted aedile by the prerogative tribe, but that his name would not be received, because he acted as a notary, he threw down his tablet, and took an oath, that he would not, for the future, follow that business. But Licinius Macer contends, that he had dropped the employment of notary a considerable time before, having already been a tribune, and twice a triumvir, once for regulating the nightly watch, and another time for conducting a colony. However, of this there is no dispute, that against the nobles, who threw contempt on the meanness of his condition, he contended with much firmness. He made public the rules of proceeding in judicial causes, hitherto shut up in the closets of the pontiffs; and hung up to public view, round the forum, the calendar on white tablets, that all might know when business could be transacted in the courts. To the great displeasure of the nobles, he performed the dedication of the temple of Concord, in the area of Vulcan's temple; and the chief pontiff, Cornelius Barbatus, was compelled by the united instances of the people, to dictate to him the form of words, although he affirmed, that, consistently with the practice of antiquity, no other than a consul, or commander-in-chief, could dedicate a temple. This occasioned a law to be proposed to the people, by direction of the senate, that no person should dedicate a temple, or an altar, without an order from the senate, or from a majority of the plebeian tribunes. The incident which I am about to mention would be trivial in itself, were it not an instance of the freedom assumed by plebeians in opposition to the pride of the nobles. When Flavius had come to make a visit to his colleague, who was sick, and when, by an arrangement between some young nobles who were sitting there, they did not rise on his entrance, he ordered his curule chair to be brought thither, and from his honourable seat of office enjoyed the sight of his enemies tortured with envy. However, a low faction, which had gathered strength during the censorship of Appius Claudius, had made Flavius an aedile; for he was the first who degraded the senate, by electing into it the immediate descendants of freed men; and when no one allowed that election as valid, and when he had not acquired in the senate-house that influence in the city which he had been aiming at, by distributing men of the meanest order among all the several tribes, he thus corrupted the assemblies both of the forum and of the field of Mars; and so much indignation did the election of Flavius excite, that most of the nobles laid aside their gold rings and bracelets in consequence of it. From that time the state was split into two parties. The uncorrupted part of the people, who favoured and supported the good, held one side; the faction of the rabble, the other; until Quintus Fabius and Publius Decius were made censors; and Fabius, both for the sake of concord, and at the same time to prevent the elections remaining in the hands of the lowest of the people, purged the rest of the tribes of all the rabble of the forum, and threw it into four, and called them city tribes. And this procedure, we are told, gave such universal satisfaction, that, by this regulation in the orders of the state, he obtained the surname of Maximus, which he had not obtained by his many victories. The annual review of the knights, on the ides of July, is also said to have been instituted by him.



BOOK X.

Submission of the Marcians accepted. The college of Augurs augmented from four to nine. The law of appeal to the people carried by Valerius the consul. Two more tribes added. War declared against the Samnites. Several successful actions. In an engagement against the combined forces of the Etruscans, Umbrians, Samnites, and Gauls, Publius Decius, after the example of his father, devotes himself for the army. Dies, and, by his death, procures the victory to the Romans. Defeat of the Samnites by Papirius Cursor. The census held. The lustrum closed. The number of the citizens two hundred and sixty-two thousand three hundred and twenty-two.

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1. During the consulate of Lucius Genucius and Servius Cornelius, the state enjoyed almost uninterrupted rest from foreign wars. Colonies were led out to Sora and Alba. For the latter, situated in the country of the Aequans, six thousand colonists were enrolled. Sora had formerly belonged to the Volscian territory, but had fallen into the possession of the Samnites: thither were sent four thousand settlers. This year the freedom of the state was granted to the Arpinians and Trebulans. The Frusinonians were fined a third part of their lands, because it was discovered that the Hernicians had been tampered with by them; and the heads of that conspiracy, after a trial before the consuls, held in pursuance of a decree of the senate, were beaten with rods and beheaded. However, that the Romans might not pass the year entirely exempt from war, a little expedition was made into Umbria; intelligence being received from thence, that excursions of men, in arms, had been made, from a certain cave, into the adjacent country. Into this cave the troops penetrated with their standards, and, the place being dark, they received many wounds, chiefly from stones thrown. At length the other mouth of the cave being found, for it was pervious, both the openings were filled up with wood, which being set on fire, there perished by means of the smoke and heat, no less than two thousand men; many of whom, at the last, in attempting to make their way out, rushed into the very flames. The two Marci, Livius Denter and Aemilius, succeeding to the consulship, war was renewed with the Aequans; who, being highly displeased at the colony established within their territory, as if it were a fortress, having made an attempt, with their whole force, to seize it, were repulsed by the colonists themselves. They caused, however, such an alarm at Rome, that, to quell this insurrection, Caius Junius Bubulcus was nominated dictator: for it was scarcely credible that the Aequans, after being reduced to such a degree of weakness, should by themselves alone have ventured to engage in a war. The dictator, taking the field, with Marcus Titinius, master of the horse, in the first engagement reduced the Aequans to submission; and returning into the city in triumph, on the eighth day, dedicated, in the character of dictator, the temple of Health, which he had vowed when consul, and contracted for when censor.

2. During this year a fleet of Grecians, under the command of Cleonymus, a Lacedaemonian, arrived on the coast of Italy, and took Thuriae, a city in the territory of the Sallentines. Against this enemy the consul Aemilius was sent, who, in one battle, completely defeated them, and drove them on board their ships. Thuriae was then restored to its old inhabitants, and peace re-established in the country of the Sallentines. In some annals, I find that Junius Bubulcus was sent dictator into that country, and that Cleonymus, without hazarding an engagement with the Romans, retired out of Italy. He then sailed round the promontory of Brundusium, and, steering down the middle of the Adriatic gulf, because he dreaded, on the left hand, the coasts of Italy destitute of harbours, and, on the right, the Illyrians, Liburnians, and Istrians, nations of savages, and noted in general for piracy, he passed on to the coasts of the Venetians. Here, having landed a small party to explore the country, and being informed that a narrow beach stretched along the shore, beyond which were marshes, overflowed by the tides; that dry land was seen at no great distance, level in the nearest part, and rising behind into hills, beyond which was the mouth of a very deep river, into which they had seen ships brought round and moored in safety, (this was the river Meduacus,) he ordered his fleet to sail into it and go up against the stream. As the channel would not admit the heavy ships, the troops, removing into the lighter vessels, arrived at a part of the country occupied by three maritime cantons of the Patavians, settled on that coast. Here they made a descent, leaving a small guard with the ships, made themselves masters of these cantons, set fire to the houses, drove off a considerable booty of men and cattle, and, allured by the sweets of plunder, proceeded still further from the shore. When news of this was brought to Patavium, where the contiguity of the Gauls kept the inhabitants constantly in arms, they divided their young men into two bands, one of which was led towards the quarter where the marauders were said to be busy; the other by a different route, to avoid meeting any of the pirates, towards the station of the ships, fifteen miles distant from the town. An attack was made on the small craft, and the guards being killed, the affrighted mariners were obliged to remove their ships to the other bank of the river. By land, also, the attack on the dispersed plunderers was equally successful; and the Grecians, flying back towards their ships, were opposed in their way by the Venetians. Thus they were enclosed on both sides, and cut to pieces; and some, who were made prisoners, gave information that the fleet, with their king, Cleonymus, was but three miles distant. Sending the captives into the nearest canton, to be kept under a guard, some soldiers got on board the flat-bottomed vessels, so constructed for the purpose of passing the shoals with ease; others embarked in those which had been lately taken from the enemy, and proceeding down the river, surrounded their unwieldy ships, which dreaded the unknown sands and flats more than they did the Romans, and which showed a greater eagerness to escape into the deep than to make resistance. The soldiers pursued them as far as the mouth of the river; and having taken and burned a part of the fleet, which in the hurry and confusion had been stranded, returned victorious. Cleonymus, having met success in no part of the Adriatic sea, departed with scarce a fifth part of his navy remaining. Many, now alive, have seen the beaks of his ships, and the spoils of the Lacedaemonians, hanging in the old temple of Juno. In commemoration of this event, there is exhibited at Patavium, every year, on its anniversary day, a naval combat on the river in the middle of the town.

3. A treaty was this year concluded at Rome with the Vestinians, who solicited friendship. Various causes of apprehension afterwards sprung up. News arrived, that Etruria was in rebellion; the insurrection having arisen from the dissensions of the Arretians; for the Cilnian family having grown exorbitantly powerful, a party, out of envy of their wealth, had attempted to expel them by force of arms. [Accounts were also received] that the Marsians held forcible possession of the lands to which the colony of Carseoli, consisting of four thousand men, had been sent. By reason, therefore, of these commotions, Marcus Valerius Maximus was nominated dictator, and chose for his master of the horse Marcus Aemilius Paullus. This I am inclined to believe, rather than that Quintus Fabius, at such an age as he then was, and after enjoying many honours, was placed in a station subordinate to Valerius: but I think it not unlikely that the mistake arose from the surname Maximus. The dictator, having set out at the head of an army, in one battle utterly defeated the Marsians, drove them into their fortified towns, and afterwards, in the course of a few days, took Milionia, Plestina, and Fresilia; and then finding Marsians in a part of their lands, granted them a renewal of the treaty. The war was then directed against the Etrurians; and when the dictator had gone to Rome, for the purpose of renewing the auspices, the master of the horse, going out to forage, was surrounded by an ambuscade, and obliged to fly shamefully into his camp, after losing several standards and many of his men. The occurrence of which discomfiture to Fabius is exceedingly improbable; not only because, if in any particular, certainly, above all, in the qualifications of a commander, he fully merited his surname; but besides, mindful of Papirius's severity, he never could have been tempted to fight, without the dictator's orders.

4. The news of this disaster excited at Rome an alarm greater than suited the importance of the affair; for, as if the army had been destroyed, a justitium was proclaimed, guards mounted at the gates, and watches set in every street: and armour and weapons were heaped on the walls. All the younger citizens being compelled to enlist, the dictator was ordered to join the army. There he found every thing in a more tranquil state than he expected, and regularity established through the care of the master of the horse, the camp removed to a place of greater safety, the cohorts, which had lost their standards, left without tents on the outside of the ramparts and the troops ardently impatient for battle, that their disgrace might be the sooner obliterated. He therefore immediately advanced his camp into the territory of Rusella. Thither the enemy also followed, and although, since their late success, they entertained the most sanguine hopes from an open trial of strength, yet they endeavoured to circumvent the enemy by a stratagem which they had before practised with success. There were, at a small distance from the Roman camp, the half-ruined houses of a town which had been burnt in the devastation of the country. A body of troops being concealed there, some cattle was driven on, within view of a Roman post, commanded by a lieutenant-general, Cneius Fulvius. When no one was induced by this temptation to stir from his post, one of the herdsmen, advancing close to the works, called out, that others were driving out those cattle at their leisure from the ruins of the town, why did they remain idle, when they might safely drive them through the middle of the Roman camp? When this was interpreted to the lieutenant-general, by some natives of Caere, and great impatience prevailed through every company of the soldiers, who, nevertheless, dared not to move without orders, he commanded some who were skilled in the language to observe attentively, whether the dialect of the herdsmen resembled that of rustics or of citizens. When these reported, that their accent in speaking, their manner and appearance, were all of a more polished cast than suited shepherds, "Go then," said he, "tell them that they may uncover the ambush which they vainly conceal, that the Romans understand all their devices, and can now be no more taken by stratagem than they can be conquered by arms." When these words were heard, and carried to those who lay in ambush, they immediately arose from their lurking place, and marched out in order into the plain which was open to view on every side The lieutenant-general thought their force too powerful for his small band to cope with. He therefore sent in haste to Valerius for support, and in the mean time, by himself, sustained the enemy's onset.

5. On receiving his message, the dictator ordered the standards to move, and the troops to follow in arms. But every thing was executed more quickly, almost, than ordered. The standards and arms were instantly snatched up, and they were with difficulty restrained from running impetuously on, both indignation at their late defeat stimulated them, as well as the shouts striking their ears with increasing vehemence, as the contest grew hotter They therefore urged each other, and pressed the standard-bearers to quicken their pace. The dictator, the more eagerly he saw them push forward, took the more pains to repress their haste, and ordered them to march at a slower rate. On the other side, the Etrurians, putting themselves in motion, on the first beginning of the fray had come up with their whole force, and several expresses came to the dictator, one after another, that all the regions of the Etrurians had joined in the fight, and that his men could not any longer withstand them: at the same time, he himself saw, from the higher ground, in how perilous a situation the party was. Confident, however, that the lieutenant-general was able, even yet, to support the contest, and considering that he himself was at hand to rescue him from defeat, he wished to let the enemy be fatigued, as much as might be, in order that, when in that state, he might fall on them with his fresh troops. Slowly as these marched, the distance was now just sufficient for the cavalry to begin their career for a charge. The battalions of the legions marched in front, lest the enemy might suspect any secret or sudden movement, but intervals had been left in the ranks of the infantry, affording room for the horses to gallop through. At the same instant the line raised the shout, and the cavalry, charging at full speed, poured on the enemy, and spread at once a general panic. After this, as succour had arrived, almost too late, to the party surrounded, so now they were allowed entire rest, the fresh troops taking on themselves the whole business of the fight. Nor was that either long or dubious. The enemy, now routed, fled to their camp, and the Romans advancing to attack it, they gave way, and are crowded all together in the remotest part of it. In their flight they are obstructed by the narrowness of the gates, the greater number climbed up on the mounds and ramparts, to try if they could either defend themselves with the aid of the advantageous ground, or get over, by any means, and escape. One part of the rampart, happening to be badly compacted sunk under the weight of the multitude who stood on it, and fell into the trench. On which, crying out that the gods had opened that pass to give them safety, they made their way out, most of them leaving their arms behind. By this battle the power of the Etrurians was, a second time, effectually crushed, so that, engaging to furnish a year's pay, and corn for two months, with the dictator's permission, they sent ambassadors to Rome to treat of peace. This was refused, but a truce for two years was granted to them. The dictator returned into the city in triumph. I have seen it asserted, that tranquillity was restored in Etruria by the dictator, without any memorable battle, only by composing the dissensions of the Arretians, and effecting a reconciliation between the Cilnian family and the commons. Marcus Valerius was elected consul, before the expiration of his dictatorship, many have believed, without his soliciting the office, and even while he was absent; and that the election was held by an interrex. In one point all agree, that he held the consulship with Quintus Appulcius Pansa.

6. During this consulate of Marcus Valerius and Quintus Appulcius, affairs abroad wore a very peaceable aspect. Their losses sustained in war, together with the truce, kept the Etrurians quiet. The Samnites, depressed by the misfortunes of many years, had not yet become dissatisfied with their new alliance. At Rome, also, the carrying away of such multitudes to colonies, rendered the commons tranquil, and lightened their burthens. But, that things might not be tranquil on all sides, a contention was excited between the principal persons in the commonwealth, patricians on one hand, and plebeians on the other, by the two Ogulnii, Quintus and Cneius, plebeian tribunes, who, seeking every where occasions of criminating the patricians in the hearing of the people, and having found other attempts fruitless, set on foot a proceeding by which they might inflame, not the lowest class of the commons, but their chief men, the plebeians of consular and triumphal rank, to the completion of whose honours nothing was now wanting but the offices of the priesthood, which were not yet laid open to them. They therefore published a proposal for a law, that, whereas there were then four augurs and four pontiffs, and it had been determined that the number of priests should be augmented, the four additional pontiffs and five augurs should all be chosen out of the commons. How the college of augurs could be reduced to the number of four, except by the death of two, I do not understand: for it is a rule among the augurs, that their number should be composed of threes, so that the three ancient tribes, the Ramnes, Titienses, and Luceres, should have each its own augur; or, in case there should be occasion for more, that each should increase its number of augurs, in equal proportion with the rest, in like manner as when, by the addition of five to four, they made up the number nine, so that there were three to each tribe. However, as it was proposed that they should be chosen out of the commons, the patricians were as highly offended at the proceeding, as when they saw the consulship made common; yet they pretended that the business concerned not them so much as it did the gods, who would "take care that their own worship should not be contaminated; that, for their parts, they only wished that no misfortune might ensue to the commonwealth." But they made a less vigorous opposition, as being now accustomed to suffer defeat in such kind of disputes; and they saw their adversaries, not, as formerly, grasping at that which they could scarcely hope to reach, the higher honours; but already in possession of all those advantages, on the uncertain prospect of which they had maintained the contest, manifold consulships, censorships, and triumphs.

7. The principal struggle, however, in supporting and opposing the bill, they say, was between Appius Claudius and Publius Decius Mus. After these had urged nearly the same topics, respecting the privileges of patricians and plebeians, which had been formerly employed for and against the Licinian law, when the proposition was brought forward of opening the consulship to plebeians, Decius is said to have drawn a lively description of his own father, such as many then present in the assembly had seen him, girt in the Gabine dress, standing on a spear, in the attitude in which he had devoted himself for the people and the legions, and to have added, that the consul Publius Decius was then deemed by the immortal gods an offering equally pure and pious, as if his colleague, Titus Manlius, had been devoted. And might not the same Publius Decius have been, with propriety, chosen to perform the public worship of the Roman people? Was there any danger that the gods would give less attention to his prayers than to those of Appius Claudius? Did the latter perform his private acts of adoration with a purer mind, or worship the gods more religiously than he? Who had any reason to complain of the vows offered in behalf of the commonwealth, by so many plebeian consuls and dictators, either when setting out to their armies, or in the heat of battle? Were the numbers of commanders reckoned, during those years since business began to be transacted under the conduct and auspices of plebeians, the same number of triumphs might be found. The commons had now no reason to be dissatisfied with their own nobility. On the contrary, they were fully convinced, that in case of a sudden war breaking out, the senate and people of Rome would not repose greater confidence in patrician than in plebeian commanders. "Which being the case," said he, "what god or man can deem it an impropriety, if those whom ye have honoured with curule chairs, with the purple bordered gown, with the palm-vest and embroidered robe, with the triumphal crown and laurel, whose houses ye have rendered conspicuous above others, by affixing to them the spoils of conquered enemies, should add to these the badges of augurs or pontiffs? If a person, who has rode through the city in a gilt chariot; and, decorated with the ensigns of Jupiter, supremely good and great, has mounted the Capitol, should be seen with a chalice and wand; what impropriety, I say, that he should, with his head veiled, slay a victim, or take an augury in the citadel? When, in the inscription on a person's statue, the consulship, censorship, and triumph shall be read with patience, will the eyes of readers be unable to endure the addition of the office of augur or pontiff? In truth (with deference to the gods I say it) I trust that we are, through the kindness of the Roman people, qualified in such a manner that we should, by the dignity of our characters, reflect back, on the priesthood, not less lustre than we should receive; and may demand, rather on behalf of the gods, than for our own sakes, that those whom we worship in our private we may also worship in a public capacity."

8. "But why do I argue thus, as if the cause of the patricians, respecting the priesthood, were untouched? and as if we were not already in possession of one sacerdotal office, of the highest class? We see plebeian decemvirs, for performing sacrifices, interpreters of the Sibylline prophecies, and of the fates of the nation; we also see them presidents of Apollo's festival, and of other religious performances. Neither was any injustice done to the patricians, when, to the two commissioners for performing sacrifices, an additional number was joined, in favour of the plebeians; nor is there now, when a tribune, a man of courage and activity, wishes to add five places of augurs, and four of pontiffs, to which plebeians may be nominated; not Appius, with intent to expel you from your places; but, that men of plebeian rank may assist you, in the management of divine affairs, with the same zeal with which they assist you in matters of human concernment. Blush not, Appius, at having a man your colleague in the priesthood, whom you might have a colleague in the censorship or consulship, whose master of the horse you yourself may be, when he is dictator, as well as dictator when he is master of the horse. A Sabine adventurer, the first origin of your nobility, either Attus Clausus, or Appius Claudius, which you will, the ancient patricians of those days admitted into their number: do not then, on your part, disdain to admit us into the number of priests. We bring with us numerous honours; all those honours, indeed, which have rendered your party so proud. Lucius Sextius was the first consul chosen out of the plebeians; Caius Licinius Stolo, the first master of the horse; Caius Marcius Rutilus, the first dictator, and likewise censor; Quintus Publilius Philo, the first praetor. On all occasions was heard a repetition of the same arguments; that the right of auspices was vested in you; that ye alone had the rights of ancestry; that ye alone were legally entitled to the supreme command, and the auspices both in peace and war. The supreme command has hitherto been, and will continue to be, equally prosperous in plebeian hands as in patrician. Have ye never heard it said, that the first created patricians were not men sent down from heaven, but such as could cite their fathers, that is, nothing more than free born. I can now cite my father, a consul; and my son will be able to cite a grandfather. Citizens, there is nothing else in it, than that we should never obtain any thing without a refusal. The patricians wish only for a dispute; nor do they care what issue their disputes may have. For my part, be it advantageous, happy, and prosperous to you and to the commonwealth, I am of opinion that this law should receive your sanction."

9. The people ordered that the tribes should be instantly called; and there was every appearance that the law would be accepted. It was deferred, however, for that day, by a protest, from which on the day following the tribunes were deterred; and it passed with the approbation of a vast majority. The pontiffs created were, Publius Decius Mus, the advocate for the law; Publius Sempronius Sophus, Caius Marcius Rutilus, and Marcus Livius Denter. The five augurs, who were also plebeians, were, Caius Genucius, Publius Aelius Paetus, Marcus Minucius Fessus, Caius Marcius, and Titus Publilius. Thus the number of the pontiffs was made eight; that of the augurs nine. In the same year Marcus Valerius, consul, procured a law to be passed concerning appeals; more carefully enforced by additional sanctions. This was the third time, since the expulsion of the kings, of this law being introduced, and always by the same family. The reason for renewing it so often was, I believe, no other, than that the influence of a few was apt to prove too powerful for the liberty of the commons. However, the Porcian law seems intended, solely, for the security of the persons of the citizens; as it visited with a severe penalty any one for beating with stripes or putting to death a Roman citizen. The Valerian law, after forbidding a person, who had appealed, to be beaten with rods and beheaded, added, in case of any one acting contrary thereto, that it shall yet be only deemed a wicked act. This, I suppose, was judged of sufficient strength to enforce obedience to the law in those days; so powerful was then men's sense of shame; at present one would scarcely make use of such a threat seriously. The Aequans rebelling, the same consul conducted the war against them; in which no memorable event occurred; for, except ferocity, they retained nothing of their ancient condition. The other consul, Appuleius, invested the town of Nequinum in Umbria. The ground, the same whereon Narnia now stands, was steep (on one side even perpendicular); this rendered the town impregnable either by assault or works. That business, therefore, came unfinished into the hands of the succeeding consuls, Marcus Fulvius Paetinus and Titus Manlius Torquatus. When all the centuries named Quintus Fabius consul for that year though not a candidate, Macer Licinius and Tubero state that he himself recommended them to postpone the conferring the consulship on him until a year wherein there might be more employment for their arms; adding, that, during the present year, he might be more useful to the state in the management of a city magistracy; and thus, neither dissembling what he preferred, nor yet making direct application for it, he was appointed curule aedile with Lucius Papirius Cursor. Piso, a more ancient writer of annals, prevents me from averring this as certain; he asserts that the curule aediles of that year were Caius Domitius Calvinus, son of Cneius, and Spurius Carvilius Maximus, son of Caius. I am of opinion, that this latter surname caused a mistake concerning the aediles; and that thence followed a story conformable to this mistake, patched up out of the two elections, of the aediles, and of the consuls. The general survey was performed, this year, by Publius Sempronius Sophus and Publius Sulpicius Saverrio, censors; and two tribes were added, the Aniensian and Terentine. Such were the occurrences at Rome.

10. Meanwhile, after much time had been lost in the tedious siege of Nequinum, two of the townsmen, whose houses were contiguous to the wall, having formed a subterraneous passage, came by that private way to the Roman advanced guards; and being conducted thence to the consul, offered to give admittance to a body of armed men within the works and walls. The proposal was thought to be such as ought neither to be rejected, nor yet assented to without caution. With one of these men, the other being detained as an hostage, two spies were sent through the mine, and certain information being received from them, three hundred men in arms, guided by the deserter, entered the city, and seized by night the nearest gate, which being broken open, the Roman consul and his army took possession of the city without any opposition. In this manner came Nequinum under the dominion of the Roman people. A colony was sent thither as a barrier against the Umbrians, and called Narnia, from the river Nar. The troops returned to Rome with abundance of spoil. This year the Etrurians made preparations for war in violation of the truce. But a vast army of the Gauls, making an irruption into their territories, while their attention was directed to another quarter, suspended for a time the execution of their design. They then, relying on the abundance of money which they possessed, endeavour to make allies of the Gauls, instead of enemies; in order that, with their armies combined, they might attack the Romans. The barbarians made no objection to the alliance, and a negotiation was opened for settling the price; which being adjusted and paid, and every thing else being in readiness for commencing their operations, the Etrurians desired them to accompany them in their march. This they refused, alleging that "they had stipulated a price for making war against the Romans: that the payment already made, they had received in consideration of their not wasting the Etrurian territory, or using their arms against the inhabitants. That notwithstanding, if it was the wish of the Etrurians, they were still willing to engage in the war, but on no other condition than that of being allowed a share of their lands, and obtaining at length some permanent settlement." Many assemblies of the states of Etruria were held on this subject, and nothing could be settled; not so much by reason of their aversion from the dismemberment of their territory, as because every one felt a dread of fixing in so close vicinity to themselves people of such a savage race. The Gauls were therefore dismissed, and carried home an immense sum of money, acquired without toil or danger. The report of a Gallic tumult, in addition to an Etrurian war, had caused serious apprehensions at Rome; and, with the less hesitation on that account, an alliance was concluded with the state of the Picentians.