Chapter VI: Part 6

XXV. When this letter was read, there were some who thought that an army should be dispatched into Africa, and relief afforded to Adherbal, as soon as possible; and that the senate, in the mean time, should give judgment on the conduct of Jugurtha, in not having obeyed the embassadors. But by the partisans of Jugurtha, the same that had before supported his cause, effectual exertions were made to prevent any decree from being passed; and thus the public interest, as is too frequently the case, was defeated by private influence.

An embassy was, however, dispatched into Africa, consisting of men of advanced years, and of noble birth, and who had filled the highest offices of the state; among whom was Marcus Scaurus, already mentioned, a man who had held the consulship, and who was at that time chief of the senate[98]. These embassadors, as their business was an affair of public odium, and as they were urged by the entreaties of the Numidians, embarked in three days; and having soon arrived at Utica, sent a letter from thence to Jugurtha, desiring him "to come to the province as quickly as possible, as they were deputed by the senate to meet him."

Jugurtha, when he found that men of eminence, whose influence at Rome he knew to be powerful, were come to put a stop to his proceedings, was at first perplexed, and distracted between fear and cupidity. He dreaded the displeasure of the senate, if he should disobey the embassadors; while his eager spirit, blinded by the lust of power, hurried him on to complete the injustice which he had begun. At length the evil incitements of ambition prevailed[99]. He accordingly drew his army round the city of Cirta, and endeavored, with his utmost efforts, to force an entrance; having the strongest hopes, that, by dividing the attention of the enemy's troops, he should be able, by force or artifice, to secure an opportunity of success. When his attempts, however, were unavailing, and he found himself unable, as he had designed, to get Adherbal into his power before he met the embassadors, fearing that, by further delay, he might irritate Scaurus, of whom he stood in great dread, he proceeded with a small body of cavalry into the Province. Yet, though serious menaces were repeated to him in the name of the senate, because he had not desisted from the siege, nevertheless, after spending a long time in conference, the embassadors departed without making any impression upon him.

XXVI. When news of this result was brought to Cirta, the Italians[100], by whose exertions the city had been defended, and who trusted that, if a surrender were made, they would be able, from respect to the greatness of the Roman power, to escape without personal injury, advised Adherbal to deliver himself and the city to Jugurtha, stipulating only that his life should be spared, and leaving all other matters to the care of the senate. Adherbal, though he thought nothing less trustworthy than the honor of Jugurtha, yet, knowing that those who advised could also compel him if he resisted, surrendered the place according to their desire. Jugurtha immediately proceeded to put Adherbal to death with torture, and massacred all the inhabitants that were of age, whether Numidians or Italians, as each fell in the way of his troops.

XXVII. When this outrage was reported at Rome, and became a matter of discussion in the senate, the former partisans of Jugurtha applied themselves, by interrupting the debates and protracting the time, sometimes exerting their interest, and sometimes quarreling with particular members, to palliate the atrocity of the deed. And had not Caius Memmius, one of the tribunes of the people elect, a man of energy, and hostile to the power of the nobility, convinced the people of Rome that an attempt was being made, by the agency of a small faction, to have the crimes of Jugurtha pardoned, it is certain that the public indignation against him would have passed off under the protraction of the debates; so powerful was party interest, and the influence of Jugurtha's money. When the senate, however, from consciousness of misconduct, became afraid of the people, Numidia and Italy, by the Sempronian law,[101] were appointed as provinces to the succeeding consuls, who were declared to be Publius Scipio Nasica[102], and Lucius Bestia Calpurnius[103]. Numidia fell to Calpurnius, and Italy to Scipio. An army was then raised to be sent into Africa; and pay, and all other necessaries of war, were decreed for its use.

XXVIII. When Jugurtha received this news, which was utterly at variance with his expectations, as he had felt convinced that all things were purchasable at Rome, he sent his son, with two of his friends, as deputies to the senate, and directed them, like those whom he had sent on the murder of Hiempsal, to attack every body with bribes. Upon the approach of these deputies to Rome, the senate was consulted by Bestia, whether they would allow them to be admitted within the gates; and the senate decreed, "that, unless they came to surrender Jugurtha's kingdom and himself, they must quit Italy within the ten following days." The consul directed this decree to be communicated to the Numidians, who consequently returned home without effecting their object.

Calpurnius, in the mean time, having raised an army, chose for his officers men of family and intrigue, hoping that whatever faults he might commit, would be screened by their influence; and among these was Scaurus, of whose disposition and character we have already spoken. There were, indeed, in our consul Calpurnius, many excellent qualities, both mental and personal, though avarice interfered with the exercise of them; he was patient of labor, of a penetrating intellect, of great foresight, not inexperienced in war, and extremely vigilant against danger and surprise.

The troops were conducted through Italy to Rhegium, from thence to Sicily, and from Sicily into Africa; and Calpurnius's first step, after collecting provisions, was to invade Numidia with spirit, where he took many prisoners, and several towns, by force of arms.

XXIX. But when Jugurtha began, through his emissaries, to tempt him with bribes, and to show the difficulties of the war which he had undertaken to conduct, his mind, corrupted with avarice, was easily altered. His accomplice, however, and manager in all his schemes, was Scaurus; who, though he had at first, when most of his party were corrupted, displayed violent hostility to Jugurtha, yet was afterward seduced, by a vast sum of money, from integrity and honor to injustice and perfidy. Jugurtha, however, at first sought only to purchase a suspension of hostilities, expecting to be able, during the interval, to make some favorable impression, either by bribery or by interest, at Rome; but when he heard that Scaurus was co-operating with Calpurnius, he was elated with great hopes of regaining peace, and resolved upon a conference with them in person respecting the terms of it. In the mean time, for the sake of giving confidence [104] to Jugurtha, Sextus the quaestor was dispatched by the consul to Vaga, one of the prince's towns; the pretext for his journey being the receiving of corn, which Calpurnius had openly demanded from Jugurtha's emissaries, on the ground that a truce was observed through their delay to make a surrender. Jugurtha then, as he had determined, paid a visit to the consul's camp, where, having made a short address to the council, respecting the odium cast upon his conduct, and his desire for a capitulation, he arranged other matters with Bestia and Scaurus in secret; and the next day, as if by an evident majority of voices[105], he was formally allowed to surrender. But, as was demanded in the hearing of the council, thirty elephants, a considerable number of cattle and horses, and a small sum of money, were delivered into the hands of the quaestor. Calpurnius then returned to Rome to preside at the election of magistrates[106], and peace was observed throughout Numidia and the Roman army.

XXX. When rumor had made known the affairs transacted in Africa, and the mode in which they had been brought to pass, the conduct of the consul became a subject of discussion in every place and company at Rome. Among the people there was violent indignation; as to the senators, whether they would ratify so flagitious a proceeding, or annul the act of the consul, was a matter of doubt. The influence of Scaurus, as he was said to be the supporter and accomplice of Bestia, was what chiefly restrained the senate from acting with justice and honor. But Caius Memmius, of whose boldness of spirit, and hatred to the power of the nobility, I have already spoken, excited the people by his harangues, during the perplexity and delay of the senators, to take vengeance on the authors of the treaty; he exhorted them not to abandon the public interest or their own liberty; he set before them the many tyrannical and violent proceedings of the nobles, and omitted no art to inflame the popular passions. But as the eloquence of Memmius, at that period, had great reputation and influence I have thought proper to give in full[107] one out of many of his speeches; and I take, in preference to others, that which he delivered in the assembly of the people, after the return of Bestia, in words to the following effect:

XXXI. "Were not my zeal for the good of the state, my fellow-citizens, superior to every other feeling, there are many considerations which would deter me from appearing in your cause; I allude to the power of the opposite party, your own tameness of spirit, the absence of all justice, and, above all, the fact that integrity is attended with more danger than honor. Indeed, it grieves me to relate, how, during the last fifteen years[108], you have been a sport to the arrogance of an oligarchy; how dishonorably, and how utterly unavenged, your defenders have perished[109]; and how your spirit has become degenerate by sloth and indolence; for not even now, when your enemies are in your power, will you rouse yourselves to action, but continue still to stand in awe of those to whom you should be a terror.

Yet, notwithstanding this state of things, I feel prompted to make an attack on the power of that faction. That liberty of speech[110], therefore, which has been left me by my father, I shall assuredly exert against them; but whether I shall use it in vain, or for your advantage, must, my fellow-citizens, depend upon yourselves. I do not, however, exhort you, as your ancestors have often done, to rise in arms against injustice.

There is at present no need of violence, no need of secession; for your tyrants must work their fall by their own misconduct.

After the murder of Tiberius Gracchus, whom they accused of aspiring to be king, persecutions were instituted against the common people of Rome; and after the slaughter of Caius Gracchus and Marcus Fulvius, many of your order were put to death in prison. But let us leave these proceedings out of the question; let us admit that to restore their rights to the people, was to aspire to sovereignty; let us allow that what can not be avenged without shedding the blood of citizens, was done with justice. You have seen with silent indignation, however, in past years, the treasury pillaged; you have seen kings, and free people, paying tribute to a small party of Patricians, in whose hands were both the highest honors and the greatest wealth; but to have carried on such proceedings with impunity, they now deem but a small matter; and, at last, your laws and your honor, with every civil and religious obligation[111], have been sacrificed for the benefit of your enemies. Nor do they, who have done these things, show either shame or contrition, but parade proudly before your faces, displaying their sacerdotal dignities, their consulships, and some of them their triumphs, as if they regarded them as marks of honor, and not as fruits of their dishonesty. Slaves, purchased with money[112], will not submit to unjust commands from their masters; yet you, my fellow-citizens, who are born to empire, tamely endure oppression.

But who are these that have thus taken the government into their hands? Men of the most abandoned character, of blood-stained hands, of insatiable avarice, of enormous guilt, and of matchless pride; men by whom integrity, reputation, public spirit[113], and indeed every thing, whether honorable or dishonorable, is converted to a means of gain. Some of them make it their defense that they have killed tribunes of the people; others, that they have instituted unjust prosecutions; others, that they have shed your blood; and thus, the more atrocities each has committed, the greater is his security; while your oppressors, whom the same desires, the same aversions, and the same fears, combine in strict union (a union which among good men is friendship, but among the bad confederacy in guilt), have excited in you, through your want of spirit, that terror which they ought to feel for their own crimes.

But if your concern to preserve your liberty were as great as their ardor to increase their power of oppression, the state would not be distracted as it is at present; and the marks of favor which proceed from you[114], would be conferred, not on the most shameless, but on the most deserving. Your forefathers, in order to assert their rights and establish their authority, twice seceded in arms to Mount Aventine; and will not you exert yourselves, to the utmost of your power, in defense of that liberty which you received from them? Will you not display so much the more spirit in the cause, from the reflection that it is a greater disgrace to lose[115] what has been gained, than not to have gained it at all?

But some will ask me, 'What course of conduct, then, would you advise us to pursue?' I would advise you to inflict punishment on those who have sacrificed the interests of their country to the enemy; not, indeed, by arms, or any violence (which would be more unbecoming, however, for you to inflict than for them to suffer), but by prosecutions, and by the evidence of Jugurtha himself, who, if he has really surrendered, will doubtless obey your summons; whereas, if he shows contempt for it, you will at once judge what sort of a peace or surrender it is, from which springs impunity to Jugurtha for his crimes, immense wealth to a few men in power, and loss and infamy to the republic.

But perhaps you are not yet weary of the tyranny of these men; perhaps these times please you less than those[116] when kingdoms, provinces, laws, rights, the administration of justice, war and peace, and indeed every thing civil and religious, was in the hands of an oligarchy; while you, that is, the people of Rome, though unconquered by foreign enemies, and rulers of all nations around, were content with being allowed to live; for which of you had spirit to throw off your slavery? For myself, indeed, though I think it most disgraceful to receive an injury without resenting it, yet I could easily allow you to pardon these basest of traitors, because they are your fellow-citizens, were it not certain that your indulgence would end in your destruction. For such is their presumption, that to escape punishment for their misdeeds will have but little effect upon them, unless they be deprived, at the same time, of the power of doing mischief; and endless anxiety will remain for you, if you shall have to reflect that you must either be slaves or preserve your liberty by force of arms.

Of mutual trust, or concord, what hope is there? They wish to be lords, you desire to be free; they seek to inflict injury, you to repel it; they treat your allies as enemies, your enemies as allies. With feelings so opposite, can peace or friendship subsist between you? I warn, therefore, and exhort you, not to allow such enormous dishonesty to go unpunished. It is not an embezzlement of the public money[117] that has been committed; nor is it a forcible extortion of money from your allies; offenses which, though great, are now, from their frequency, considered as nothing; but the authority of the senate, and your own power, have been sacrificed to the bitterest of enemies, and the public interest has been betrayed for money, both at home and abroad; and unless these misdeeds be investigated, and punishment be inflicted on the guilty, what remains for us but to live the slaves of those who committed them? For those who do what they will with impunity are undoubtedly kings.[118]

I do not, however, wish to encourage you, O Romans, to be better satisfied at finding your fellow-citizens guilty than innocent, but merely to warn you not to bring ruin on the good, by suffering the bad to escape. It is far better, in any government, to be unmindful of a service than of an injury; for a good man, if neglected, only becomes less active; but a bad man, more daring. Besides, if the crimes of the wicked are suppressed,[119] the state will seldom need extraordinary support from the virtuous."

XXXII. By repeating these and similar sentiments, Memmius prevailed on the people to send Lucius Cassius,[120] who was then praetor, to Jugurtha, and to bring him, under guarantee of the public faith[121], to Rome, in order that, by the prince's evidence, the misconduct of Scaurus and the rest, whom they charged with having taken bribes, might more easily be made manifest.

During the course of these proceedings at Rome, those whom Bestia had left in Numidia in command of the army, following the example of their general, had been guilty of many scandalous transactions. Some, seduced by gold, had restored Jugurtha his elephants; others had sold him his deserters; others had ravaged the lands of those at peace with us; so strong a spirit of rapacity, like the contagion of a pestilence, had pervaded the breasts of all.

Cassius, when the measure proposed by Memmius had been carried, and while all the nobility were in consternation, set out on his mission to Jugurtha, whom, alarmed as he was, and despairing of his fortune, from a sense of guilt, he admonished "that since he had surrendered himself to the Romans, he had better make trial of their mercy than their power." He also pledged his own word, which Jugurtha valued not less than that of the public, for his safety. Such, at that period, was the reputation of Cassius.

XXXIII. Jugurtha, accordingly, accompanied Cassius to Rome, but without any mark of royalty, and in the garb, as much as possible, of a suppliant[122]; and, though he felt great confidence on his own part, and was supported by all those through whose power or villainy he had accomplished his projects, he purchased, by a vast bribe, the aid of Caius Baebius, a tribune of the people, by whose audacity he hoped to be protected against the law, and against all harm.

An assembly of the people being convoked, Memmius, although they were violently exasperated against Jugurtha, (some demanding that he should be cast into prison, others that, unless he should name his accomplices in guilt, he should be put to death, according to the usage of their ancestors, as a public enemy), yet, regarding rather their character than their resentment, endeavored to calm their turbulence and mitigate their rage; and assured them that, as far as depended on him, the public faith should not be broken. At length, when silence was obtained, he brought forward Jugurtha, and addressed them. He detailed the misdeeds of Jugurtha at Rome and in Numidia, and set forth his crimes toward his father and brothers; and admonished the prince, "that the Roman people, though they were well aware by whose support and agency he had acted, yet desired further testimony from himself; that, if he disclosed the truth, there was great hope for him in the honor and clemency of the Romans; but if he concealed it, he would certainly not save his accomplices, but ruin himself and his hopes forever."

XXXIV. But when Memmius had concluded his speech, and Jugurtha was expected to give his answer, Caius Baebius, the tribune of the people, whom I have just noticed as having been bribed, enjoined the prince to hold his peace[123]; and though the multitude, who formed the assembly, were desperately enraged, and endeavored to terrify the tribune by outcries, by angry looks, by violent gestures, and by every other act to which anger prompts[124], his audacity was at last triumphant. The people, mocked and set at naught, withdrew from the place of assembly; and the confidence of Jugurtha, Bestia, and the others, whom this investigation had alarmed, was greatly augmented. XXXV. There was at this period in Rome a certain Numidian named Massiva, a son of Gulussa and grandson of Masinissa, who, from having been, in the dissensions among the princes, opposed to Jugurtha, had been obliged, after the surrender of Cirta and the murder of Adherbal, to make his escape out of Africa. Spurius Albinus, who was consul with Quintus Minucius Rufus the year after Bestia, prevailed upon this man, as he was of the family of Masinissa, and as odium and terror hung over Jugurtha for his crimes, to petition the senate for the kingdom of Numidia. Albinus, being eager for the conduct of a war, was desirous that affairs should be disturbed[125], rather than sink into tranquillity; especially as, in the division of the provinces, Numidia had fallen to himself, and Macedonia to Minucius.

When Massiva proceeded to carry these suggestions into execution, Jugurtha, finding that he had no sufficient support in his friends, as a sense of guilt deterred some, and evil report or timidity others, from coming forward in his behalf, directed Bomilcar, his most attached and faithful adherent, to procure by the aid of money, by which he had already effected so much, assassins to kill Massiva; and to do it secretly if he could; but, if secrecy should be impossible, to cut him off in any way whatsoever. This commission Bomilcar soon found means to execute; and, by the agency of men versed in such service, ascertained the direction of his journeys, his hours of leaving home, and the times at which he resorted to particular places [126], and, when all was ready, placed his assassins in ambush. One of their number sprung upon Massiva, though with too little caution, and killed him; but being himself caught, he made, at the instigation of many, and especially of Albinus the consul, a full confession. Bomilcar was accordingly committed for trial, though rather on the principles of reason and justice than in accordance with the law of nations[127], as he was in the retinue of one who had come to Rome on a pledge of the public faith for his safety. But Jugurtha, though clearly guilty of the crime, did not cease to struggle against the truth, until he perceived that the infamy of the deed was too strong for his interest or his money. For which reason, although, at the commencement of the proceedings[128], he had given fifty of his friends as bail for Bomilcar, yet, thinking more of his kingdom than of the sureties, he sent him off privately into Numidia; for he feared that if such a man should be executed, his other subjects would be deterred from obeying him[129]. A few days after, he himself departed, having been ordered by the senate to quit Italy. But, as he was going from Rome, he is said, after frequently looking back on it in silence, to have at last exclaimed, "That it was a venal city, and would soon perish, if it could but find a purchaser!"[130]

XXXVI. The war being now renewed, Albinus hastened to transport provisions, money, and other things necessary for the army, into Africa, whither he himself soon followed, with the hope that, before the time of the comitia, which was not far distant, he might be able, by an engagement, by capitulation, or by some other method, to bring the contest to a conclusion.

Jugurtha, on the other hand, tried every means of protracting the war, continually inventing new causes for delay; at one time he promised to surrender, at another he feigned distrust; he retreated when Albinus attacked him, and then, lest his men should lose courage, attacked in return, and thus amused the consul with alternate procrastinations of war and of peace.

There were some, at that time, who thought that Albinus understood Jugurtha's object, and who believed that so ready a protraction of the war, after so much haste at the commencement, was to be attributed less to tardiness than to treachery. However this might be, Albinus, when time passed on, and the day of the comitia approached, left his brother Aulus in the camp as propraetor[131], and returned to Rome.

XXXVII. The republic, at this time, was grievously distracted by the contentions of the tribunes. Two of them, Publius Lucullus and Lucius Annius, were struggling against the will of their colleagues, to prolong their term of office; and this dispute put off the comitia throughout the year[132]. In consequence of this delay, Aulus, who, as I have just said, was left as propraetor in the camp, conceiving hopes either of finishing the war, or of extorting money from Jugurtha by the terror of his army, drew out his troops in the month of January, from their winter-quarters into the field, and by forced marches, during severe weather, made his way to the town of Suthul, where Jugurtha's treasures were deposited. And though this place, both from the inclemency of the season, and from its advantageous situation, could neither be taken nor besieged; for around its walls, which were built on the edge of a steep hill[133], a marshy plain, flooded by the rains of winter, had been converted into a lake; yet Aulus, either as a feint to strike terror into Jugurtha, or blinded by avarice, began to move forward his vineae[134], to cast up a rampart, and to hasten all necessary preparations for a siege.

XXXVIII. Jugurtha, seeing the propraetor's vanity and ignorance, artfully strengthened his infatuation; he sent him, from time to time, deputies with submissive messages, while he himself, as if desirous to escape, led his army away through woody defiles and cross-roads. At length he succeeded in alluring Aulus, by the prospect of a surrender on conditions, to leave Suthul, and pursue him, as if in full retreat, into the remoter parts of the country. Meanwhile, by means of skillful emissaries, he tampered night and day with our men, and prevailed on some of the officers, both of infantry and cavalry, to desert to him at once, and upon others to quit their posts at a given signal, that their defection might thus be less observed[135]. Having prepared matters according to his wishes, he suddenly surrounded the camp of Aulus, in the dead of night, with a vast body of Numidians. The Roman soldiers were alarmed with an unusual disturbance; some of them seized their arms, others hid themselves, others encouraged those that were afraid; but consternation prevailed every where; for the number of the enemy was great, the sky was thick with clouds and darkness, the danger was indiscernible, and it was uncertain whether it were safer to flee or to remain. Of those whom I have just mentioned as being bribed, one cohort of Ligurians, with two troops of Thracian horse, and a few common soldiers, went over to Jugurtha; and the chief centurion[136] of the third legion allowed the enemy an entrance at the very post which he had been appointed to defend, and at which all the Numidians poured into the camp. Our men fled disgracefully, the greater part having thrown away their arms, and took possession of a neighboring hill. Night, and the spoils of the camp, prevented the enemy from making full use of this victory. On the following day, Jugurtha, coming to a conference with Aulus, told him, "that though he held him hemmed in by famine and the sword, yet that, being mindful of human vicissitudes, he would, if they would make a treaty with him, allow them to depart uninjured; only that they must pass under the yoke, and quit Numidia within ten days." These terms were severe and ignominious; but, as death was the alternative[137], peace was concluded as Jugurtha desired.

XXXIX. When this affair was made known at Rome, consternation and dismay pervaded the city; some were concerned for the glory of the republic; others, ignorant of war, trembled for their liberty. But all were indignant at Aulus, and especially those who had been distinguished in the field, because, with arms in his hands, he had sought safety in disgrace rather than in resistance. The consul Albinus, apprehending, from the delinquency of his brother, odium and danger to himself, consulted the senate on the treaty which had been made, but, at the same time, raised recruits for the army, sent for auxiliaries to the allies and Latins, and made general preparations for war. The senate, as was just, decreed, "that no treaty could be made without their own consent and that of the people."

The consul, though he was hindered by the influence of the tribunes from taking with him the force which he had raised, set out in a few days for the province of Africa, where the whole army, being withdrawn, according to the agreement, from Numidia, had gone into winter-quarters. When he arrived there, although he longed to pursue Jugurtha, and diminish the odium that had fallen on his brother, yet, when he saw the state of the troops, whom, besides the flight and relaxation of discipline, licentiousness, and debauchery had corrupted, he determined, under all the circumstances of the case[138], to attempt nothing.

XL. At Rome, in the mean time, Caius Mamilius Limetanus, one of the tribunes, proposed that the people should pass a bill for instituting an inquiry into the conduct of those by whose influence Jugurtha had set at naught the decrees of the senate, as well as of those who, whether as embassadors or commanders, had received money from him, or who had restored to him his elephants and deserters, or had made any compacts with the enemy relative to peace or war. To this bill some, who were conscious of guilt, and others, who apprehended danger from the jealousy of parties, secretly raised obstructions through the agency of friends, and especially of men among the Latins and Italian allies[139], since they could not openly resist it, without admitting that these and similar practices met their approbation. But as to the people, it is incredible what eagerness they displayed, and with what spirit they approved, voted, and passed the bill, though rather from hatred to the nobility, against whom these severe measures were directed, than from concern for the republic; so violent was the fury of party.

While the rest of the delinquents were in trepidation, Marcus Scaurus [140], whom I have previously noticed as Bestia's lieutenant, contrived, amid the exultation of the populace, the dismay of his own party, and the continued agitation in the city, to have himself elected one of the three commissioners who were appointed by the bill of Mamilius to carry it into execution. But the investigation, notwithstanding, was conducted [141] with great rigor and violence, under the influence of common rumor and popular caprice; for the insolence of success, which had often distinguished the nobility, on this occasion characterized the people.

XLI. The prevalence of parties among the people, and of factions in the senate, and of all evil practices attendant on them, had its origin at Rome, a few years before, during a period of tranquillity, and amid the abundance of all that mankind regarded as desirable. For, before the destruction of Carthage, the senate and people managed the affairs of the republic with mutual moderation and forbearance; there were no contests among the citizens for honor or ascendency; but the dread of an enemy kept the state in order. When that fear, however, was removed from their minds, licentiousness and pride, evils which prosperity loves to foster, immediately began to prevail; and thus peace, which they had so eagerly desired in adversity, proved, when they had obtained it, more grievous and fatal than adversity itself. The patricians carried their authority, and the people their liberty, to excess; every man took, snatched, and seized[142] what he could. There was a complete division into two factions, and the republic was torn in pieces between them. Yet the nobility still maintained an ascendency by conspiring together; for the strength of the people, being disunited and dispersed among a multitude, was less able to exert itself. Things were accordingly directed, both at home and in the field, by the will of a small number of men, at whose disposal were the treasury, the provinces, offices, honors, and triumphs; while the people were oppressed with military service and with poverty, and the generals divided the spoils of war with a few of their friends. The parents and children of the soldiers,[143] meantime, if they chanced to dwell near a powerful neighbor, were driven from their homes. Thus avarice, leagued with power, disturbed, violated, and wasted every thing, without moderation or restraint; disregarding alike reason and religion, and rushing headlong, as it were, to its own destruction. For whenever any arose among the nobility[144], who preferred true glory to unjust power, the state was immediately in a tumult, and civil discord spread with as much disturbance as attends a convulsion of the earth.

XLII. Thus when Tiberius and Caius Gracchus, whose forefathers had done much to increase the power of the state in the Punic and other wars, began to vindicate the liberty of the people, and to expose the misconduct of the few, the nobility, conscious of guilt, and seized with alarm, endeavored, sometimes by means of the allies and Latins[145], and sometimes by means of the equestrian order, whom the hope of coalition with the patricians had detached from the people, to put a stop to the proceedings of the Gracchi; and first they killed Tiberius, and a few years after Caius, who pursued the same measures as his brother, the one when he was tribune, and the other when he was one of a triumvirate for settling colonies; and with them they cut off Marcus Fulvius Flaccus. In the Gracchi, indeed, it must be allowed that, from their ardor for victory, there was not sufficient prudence. But to a reasonable man it is more agreeable to submit[146] to injustice than to triumph over it by improper means. The nobility, however, using their victory with wanton extravagance, exterminated numbers of men by the sword or by exile, yet rather increased, for the time to come, the dread with which they were regarded, than their real power. Such proceedings have often ruined powerful states; for of two parties, each strives to suppress the other by any means whatever, and take vengeance with undue severity on the vanquished.

But were I to attempt to treat of the animosities of parties, and of the morals of the state, with minuteness of detail, and suitably to the vastness of the subject, time would fail me sooner than matter. I therefore return to my subject.

XLIII. After the treaty of Aulus, and the disgraceful flight of our army, Quintus Metellus and Marcus Silanus, the consuls elect, divided the provinces between them; and Numidia fell to Metellus, a man of energy, and, though an opponent of the popular party, yet of a character uniformly irreproachable[147]. He, as soon as he entered on his office, regarded all other things as common to himself and his colleague[148], but directed his chief attention to the war which he was to conduct. Distrusting, therefore, the old army, he began to raise new troops, to procure auxiliaries from all parts, and to provide arms, horses, and other military requisites, besides provisions in abundance, and every thing else which was likely to be of use in a war varied in its character, and demanding great resources. To assist in accomplishing these objects, the allies and Latins, by the appointment of the senate, and different princes[149] of their own accord, sent supplies; and the whole state exerted itself in the cause with the greatest zeal. Having at length prepared and arranged every thing according to his wishes, Metellus set out for Numidia, attended with sanguine expectations on the part of his fellow-citizens, not only because of his other excellent qualities, but especially because his mind was proof against gold; for it was through the avarice of our commanders, that, down to this period, our affairs in Numidia had been ruined, and those of the enemy rendered prosperous.

XLIV. When he arrived in Africa, the command of the army was resigned to him by Albinus, the proconsul[150]; but it was an army spiritless and unwarlike; incapable of encountering either danger or fatigue; more ready with the tongue than with the sword; accustomed to plunder our allies, while itself was the prey of the enemy; unchecked by discipline, and void of all regard to its character. The new general, accordingly, felt more anxiety from the corrupt morals of the men, than confidence or hope from their numbers. He determined, however, though the delay of the comitia had shortened his summer campaign, and though he knew his countrymen to be anxious for the result of his proceedings, not to commence operations, until, by a revival of the old discipline, he had brought the soldiers to bear fatigue. For Albinus, dispirited by the disaster of his brother Aulus and his army, and having resolved not to leave the province during the portion of the summer that he was to command, had kept the soldiers, for the most part, in a stationary camp[151], except when stench, or want of forage, obliged them to remove. But neither had the camp been fortified[152], nor the watches kept, according to military usage; every one had been allowed to leave his post when he pleased. The camp-followers, mingled with the soldiers, wandered about day and night, ravaging the country, robbing the houses, and vying with each other in carrying off cattle and slaves, which they exchanged with traders for foreign wine[153] and other luxuries; they even sold the corn, which was given them from the public store, and bought bread from day to day; and, in a word, whatever abominations, arising from idleness and licentiousness, can be expressed or imagined, and even more, were to be seen in that army.

XLV. But I am assured that Metellus, in these difficult circumstances, no less than in his operations against the enemy, proved himself a great and wise man; so just a medium did he observe between an affectation of popularity and an excessive enforcement of discipline. His first measure was to remove incentives to idleness, by a general order that no one should sell bread, or any other dressed provisions, in the camp; that no sutlers should follow the army; and that no common soldier should have a servant, or beast of burden, either in a camp or on a march. He made the strictest regulations, too, with regard to other things.[154] He moved his camp daily, exercising the soldiers by marches across the country; he fortified it with a rampart and a trench, exactly as if the enemy had been at hand; he placed numerous sentinels[155] by night, and went the rounds with his officers; and, when the army was on the march; he would be at one time in the front, at another in the rear, and at another in the center, to see that none quitted their ranks, that the men kept close to their standards, and that every soldier carried his provisions and his arms. Thus by preventing rather than punishing irregularities, he in a short time rendered his army effective.

XLVI. Jugurtha, meantime, having learned from his emissaries how Metellus was proceeding, and having heard, when he was in Rome, of the integrity of the consul's character, began to despair of his plans, and at length actually endeavored to effect a capitulation. He therefore sent deputies to the consul with proposals of submission, stipulating only for his own life and that of his children, and offering to surrender every thing else to the Romans. But Metellus had already learned by experience, that the Numidians were a faithless race, of unsettled disposition, and fond of change; and he accordingly applied himself to each of the deputies separately, and after gradually sounding them, and finding them proper instruments for his purpose, prevailed on them, by large promises, to deliver Jugurtha into his hands; bringing him alive, if they could, or dead, if to take him alive was impracticable. In public, however, he directed that such an answer should be given to the king as would be agreeable to his wishes.

A few days afterward, he led the army, which was now vigorous and resolute, into Numidia, where, instead of any appearance of war, he found the cottages full of people, and the cattle and laborers in the fields, while the officers of Jugurtha came from the towns and villages[156] to meet him, offering to supply him with corn, to convey provisions for him, and to do whatever might be required of them. Metellus, notwithstanding, made no diminution in the caution with which he marched, but kept as much upon the defensive as if an enemy had been at hand; and he dispatched scouts to explore the country, thinking that these signs of submission were but pretense, and that the Numidians were watching an opportunity for treachery. He himself, with some light-armed cohorts, and a select body of slingers and archers, advanced always in the front; while Caius Marius, his lieutenant-general, at the head of the cavalry, had charge of the rear. The auxiliary horse, distributed among the tribunes of the legions and prefects of the cohorts, he placed on the flanks, so that, with the aid of the light troops mixed with them, they might repel the enemy whenever an approach should be made. For such was the subtlety of Jugurtha, and such his knowledge of the country and the art of war, that it was doubtful whether he was more formidable absent or present, offering peace or threatening hostilities.

XLVII. There lay, not far from the route which Metellus was pursuing, a city of the Numidians named Vaga, the most celebrated place for trade in the whole kingdom, in which many Italian merchants were accustomed to reside and traffic. Here the consul, to try the disposition of the inhabitants, and, should they allow him, to take advantage of the situation of the place[157], established a garrison, and ordered the people to furnish him with corn, and other necessaries for war; thinking, as circumstances indeed suggested, that the concourse of merchants, and frequent arrival of supplies[158], would add strength to his army, and further the plans which he had already formed.

In the midst of these proceedings, Jugurtha, with extraordinary earnestness[159], sent deputies to sue for peace, offering to resign every thing to Metellus, except his own life and that of his children. These, like the former, the consul first reduced to treachery, and then sent back; the peace which Jugurtha asked, he neither granted nor refused, but waited, during these delays, the performance of the deputies' promises. XLVIII. Jugurtha, on comparing the words of Metellus with his actions, perceived that he was assailed with his own artifices; for though peace was offered him in words, a most vigorous war was in reality pursued against him; one of his strongest cities was wrested from him; his country was explored by the enemy, and the affections of his subjects alienated. Being compelled, therefore, by the necessity of circumstances, he resolved to try the fortune of a battle. Having, with this view, informed himself of the exact route of the enemy, and hoping for success from the advantage of the ground, he collected as large a force of every kind as he could, and, marching by cross-roads, got in advance of Metellus' army.

There was, in that part of Numidia, of which, on the division of the kingdom, Adherbal had become possessor, a river named Muthul, flowing from the south; and, about twenty miles from it, was a range of mountains running parallel with the stream[160], wild and uncultivated; but from the center of it stretched a kind of hill, reaching to a vast distance, covered with wild olives, myrtles, and other trees, such as grow in a dry and sandy soil. The plain, which lay between the mountains and the Muthul, was uninhabited from want of water, except the parts bordering on the river, which were planted with trees, and full of cattle and inhabitants.

XLIX. On this hill, which I have just mentioned, stretching in a transverse direction[161], Jugurtha took post with his line drawn out to a great length. The command of the elephants, and of part of the infantry, he committed to Bomilcar, and gave him instructions how to act. He himself, with the whole of the cavalry and the choicest of the foot, took his station nearer to the range of mountains. Then, riding round among the several squadrons and battalions, he exhorted and conjured them to call to mind their former prowess and triumphs, and to defend themselves and their country from Roman rapacity; saying that they would have to engage with those whom they had already conquered and sent under the yoke, and that, though their commander was changed, there was no alteration in their spirit. He added, that he had provided for his men every thing becoming a general; that he had chosen the higher ground, where they, being well acquainted with the country[162], would contend with adversaries ignorant of it; nor would they engage, inferior in numbers and skill, with a larger or more experienced force; and that they should, therefore, be ready, when the signal should be given, to fall vigorously on the Romans, as that day would either crown[163] all their labors and victories, or be a prelude to the most grievous calamities. He also addressed himself, individually, to any one whom he had rewarded with money or honors for military desert, reminding him of his favors, and pointing him out as an example to the rest; and finally he excited all his men, some in one way and some in another, by threats or entreaties, according to the different dispositions of each.

Metellus, who was still ignorant of the enemy's position, was now seen[164] descending the mountain with his army. He was at first doubtful what the strange appearance before him indicated; for the Numidians, both cavalry and infantry, had taken post among the wood, not entirely concealing themselves, by reason of the lowness of the trees, yet rendering it uncertain[165] what they were, as both themselves and their standards were screened as well by the nature of the ground as by artifice; but soon perceiving that there were men in ambush, he halted awhile, and, having altered the arrangement of his troops, he drew up those in the right wing, which was nearest to the enemy, in three lines[166]; he distributed the slingers and archers among the infantry, posted all the cavalry on the flanks, and having made a brief address, such as time permitted, to his men, he led them down, with the front changed into a flank[167], toward the plain.

L. But when he observed that the Numidians remained quiet, and did not offer to descend from the hill, he became apprehensive that his army, from the season of the year and the scarcity of water, might be overcome with thirst, and therefore sent Rutilius, one of his lieutenant-generals, with the light-armed cohorts and a detachment of cavalry, toward the river, to secure ground for an encampment, expecting that the enemy, by frequent charges and attacks on his flank, would endeavor to impede his march, and, as they despaired of success in arms, would try the effect of fatigue and thirst on his troops.

He then continued to advance by degrees, as his circumstances and the ground permitted, in the same order in which he had descended from the range of mountains. He assigned Marius his post behind the front line[168], and took on himself the command of the cavalry on the left wing, which, on the march, had become the van[169].

When Jugurtha perceived that the rear of the Roman army had passed his first line, he took possession of that part of the mountain from which Metellus had descended, with a body of about two thousand infantry, that it might not serve the enemy, if they were driven back, as a place of retreat, and afterward as a post of defense; and then, ordering the signal to be given, suddenly commenced his attack. Some of his Numidians made havoc in the rear of the Romans, while others assailed them on the right and left wings; they all advanced and charged furiously, and every where threw the consul's troops into confusion. Even those of our men who made the stoutest resistance, were baffled by the enemy's versatile method of fighting, and wounded from a distance, without having the power of wounding in return, or of coming to close combat; for the Numidian cavalry, as they had been previously instructed by Jugurtha, retreated whenever a troop of Romans attempted to pursue them, but did not keep in a body, or collect themselves into one place, but dispersed as widely as possible. Thus, being superior in numbers, if they could not deter the Romans from pursuing, they surrounded them, when disordered, on the rear or flank, or, if the hill seemed more convenient for retreat than the plain, the Numidian horses, being accustomed to the brushwood, easily made their way among it, while the difficulty of the ascent, and want of acquaintance with the ground, impeded those of the Romans.

LI. The aspect of the whole struggle[170] was indeed various, perplexing, direful, and lamentable; the men, separated from their comrades, were partly fleeing, partly pursuing; neither standards nor ranks were regarded, but wherever danger pressed, there they made a stand and defended themselves; arms and weapons, horses and men, enemies, and fellow-countrymen, were all mingled in confusion; nothing was done by direction or command, but chance ordered every thing. Though the day, therefore, was now far advanced, the event of the contest was still uncertain. At last, however, when all were faint with exertion and the heat of the day, Metellus, observing that the Numidians were less vigorous in their charges, drew his troops together by degrees, restored order among them, and led four cohorts of the legions against the enemy's infantry, of whom a great number, overcome with fatigue, had seated themselves on the high ground. He at the same time entreated and exhorted his men not to lose courage, nor to suffer a flying enemy to be victorious; adding that they had neither camp nor citadel to which they could flee, but that their only dependence was on their arms. Nor was Jugurtha, in the mean time, inactive; he rode round among his troops, cheered them, renewed the contest, and, at the head of a select body, made every possible effort for victory; supporting his own men, charging such of the enemy as wavered, and repressing with missiles such as he saw remaining unshaken.

LII. Thus did these two commanders, both eminent men, maintain the contest against each other. In personal ability they were equal, but in circumstances unequal. Metellus had resolute troops, but a disadvantageous position; Jugurtha had every thing in his favor except men. At last the Romans, seeing that they had no place of refuge, that the enemy allowed no opportunity for a regular engagement, and that the evening was fast approaching, forced their way, according to the orders which were given, up the hill. The Numidians were thus driven from their position, routed, and put to flight; a few of them were slain, but their speed, and the enemy's ignorance of the country[171], saved the greater number of them.

Meanwhile Bomilcar, who, as I have said before, was appointed by Jugurtha over the elephants and a part of the infantry, having seen Rutilius pass by him, led down his men gradually into the plain, and while Rutilius hastened to the river, to which he had been dispatched, quietly drew them up in such order as circumstances required; not omitting, at the same time, to watch every movement of the enemy. When he learned that Rutilius had taken his position, and seemed free from apprehension of danger, and heard, at the same time, an increasing noise where Jugurtha was engaged, fearing lest the lieutenant-general, taking the alarm, should go to the support of his countrymen in difficulties, he, in order to intercept his march, increased the extent of his lines, which, from distrust of the bravery of his men, he had previously condensed, and advanced in this order toward Rutilius' camp.