Chapter XIV: Book III: The Decemvirate (5)

In the Roman army, though the two consuls were invested with equal authority, the supreme command was, by the concession of Agrippa, resigned to his colleague, an arrangement most salutary in the conduct of matters of great importance; and he who was preferred made a polite return for the ready condescension of the other, who thus lowered himself, by making him his confidant in all his plans and sharing with him his honours, and by putting him on an equality with him although he was by no means as capable. On the field of battle Quinctius commanded the right, Agrippa the left wing; the command of the centre was intrusted to Spurius Postumius Albus, as lieutenant-general. Publius Sulpicius, the other lieutenant-general, was placed at the head of the cavalry. The infantry on the right wing fought with distinguished valour, while the Volscians offered a stout resistance. Publius Sulpicius with his cavalry broke through the centre of the enemy's line; and, though he might have returned thence in the same way to his own party, before the enemy restored their broken ranks, it seemed more advisable to attack them in the rear, and in a moment, charging the line in the rear, he would have dispersed the enemy by the double attack, had not the cavalry of the Volscians and Æquans kept him for some time engaged by a mode of fighting like his own. Then indeed Sulpicius declared that there was no time for delay, crying out that they were surrounded and would be cut off from their own friends, unless they united all their efforts and despatched the engagement with the cavalry. Nor was it enough to rout the enemy without disabling them; they must slay horses and men, that none might return to the fight or renew the battle; that these could not resist them, before whom a compact body of infantry had given way. His orders were addressed to no deaf ears; by a single charge they routed the entire cavalry, dismounted great numbers, and killed with their javelins both the riders and the horses. Thus ended the cavalry engagement. Then, having attacked the enemy's infantry, they sent an account to the consuls of what had been done, where the enemy's line was already giving way. The news both gave fresh courage to the Romans who were now gaining the day, and dismayed the Æquans who were beginning to give way. They first began to be beaten in the centre, where the furious charge of the cavalry had broken their ranks. Then the left wing began to lose ground before the consul Quinctius; the contest was most obstinate on the right. Then Agrippa, in the vigour of his youth and strength, seeing matters going more favourably in every part of the battle than in his own quarter, snatched some of the standards from the standard-bearers and carried them on himself, some even he began to throw into the thick of the enemy.[71]

The soldiers, urged on by the fear of this disgrace, attacked the enemy; thus the victory was equalized in every quarter. News then came from Quinctius that he, being now victorious, was about to attack the enemy's camp; that he was unwilling to break into it, before he learned that they were beaten in the left wing also. If he had routed the enemy, let him now join him, that all the army together might take possession of the booty. Agrippa, being victorious, with mutual congratulations advanced toward his victorious colleague and the enemy's camp. There, as there were but few to defend it, and these were routed in a moment they broke into the fortifications without a struggle, and marched back the army, in possession of abundant spoil, having recovered also their own effects, which had been lost by the devastation of the lands. I have not heard that they either themselves demanded a triumph, or that one was offered to them by the senate; nor is any cause assigned for the honour being either overlooked or not hoped for. As far as I can conjecture at so great a distance of time, since a triumph had been refused to the consuls Horatius and Valerius, who, in addition to the victory over the Æquans and Volscians, had gained the glory of having also finished the Sabine war, the consuls were ashamed to demand a triumph for one half of the services done by them, lest, even if they should have obtained it, regard might appear to have been paid to persons rather than to merit.

A disgraceful decision of the people regarding the boundaries of their allies marred the honourable victory obtained over their enemies. The people of Aricia [72] and of Ardea, who had frequently contended in arms concerning a disputed piece of land, wearied out by many losses on either side, appointed the Roman people as arbitrators. When they arrived to support their claims, an assembly of the people being granted them by the magistrates, the matter was debated with great warmth. The witnesses being now produced, when it was time for the tribes to be called, and for the people to give their votes, Publius Scaptius, a plebeian advanced in years, rose up and said, "Consuls, if it is permitted me to speak on the public interest, I will not suffer the people to be led into a mistake in this matter." When the consuls said that he, as unworthy of attention, ought not to be heard, and, on his shouting that the public interest was being betrayed, ordered him to be put aside, he appealed to the tribunes. The tribunes, as they are nearly always directed by the multitude rather than direct it, granted Scaptius leave to say what he pleased in deference to the people, who were anxious to hear him. He then began: That he was now in his eighty-third year, and that he had served in that district which was now in dispute, not even then a young man, as he was already serving in his twentieth campaign, when operations were going on at Corioli. He therefore brought forward a fact forgotten by length of time--one, however, deeply fixed in his memory, namely, that the district now in dispute had belonged to the territory of Corioli, and, after the taking of Corioli, it had become come by right of war the public property of the Roman people. That he was surprised how the states of Ardea and Aricia could have the face to hope to deprive the Roman people, whom instead of lawful owners they had made arbitrators; of a district the right of which they had never claimed while the state of Corioli existed. That he for his part had but a short time to live; he could not, however, bring himself, old as he now was, to desist claiming by his voice, the only means he now had, a district which, as a soldier, he had contributed to acquire, as far as a man could. That he strenuously advised the people not to ruin their own interest by an idle feeling of delicacy.

The consuls, when they perceived that Scaptius was listened to not only in silence, but even with approbation, calling gods and men to witness, that a disgraceful enormity was being committed, summoned the principal senators: with them they went round to the tribes, entreated, that, as judges, they would not be guilty of a most heinous crime, with a still worse precedent, by converting the subject of dispute to their own interest, more especially when, even though it may be lawful for a judge to look after his own interest, so much would by no means be acquired by keeping the land, as would be lost by alienating the affections of their allies by injustice; for that the loss of reputation and confidence was of greater importance than could be estimated. Was this the answer the ambassadors were to carry home; was this to go out to the world; were their allies to hear this; were their enemies to hear it--with what sorrow the one--with what joy the other? Could they suppose that the neighbouring states would ascribe this proceeding to Scaptius, an old babbler at assemblies? That Scaptius would be rendered distinguished by this statue: but that the Roman people would assume the character of a corrupt informer [73] and appropriator of the claims of others. For what judge in a private cause ever acted in such a way as to adjudge to himself the property in dispute? That even Scaptius himself would not act so, though he had now outlived all sense of shame. Thus the consuls, thus the senators exclaimed; but covetousness, and Scaptius, the adviser of that covetousness, had more influence. The tribes, when convened, decided that the district was the public property of the Roman people. Nor can it be denied that it might have been so, if they had gone to other judges; but, as it is, the infamy of the decision is not in any way diminished by the justice of the cause: nor did it appear more disgraceful or more repulsive to the people of Aricia and of Ardea, than it did to the Roman senate. The remainder of the year continued free from disturbances both at home and abroad. [74]

Footnotes:

[Footnote 1: The ager publicus or public land consisted of the landed estates which had belonged to the kings, and were increased by land taken from enemies who had been captured in war. The patricians had gained exclusive occupation of this, for which they paid a nominal rent in the shape of produce and tithes: the state, however, still retained the right of disposal of it. By degrees the ager publicus fell into the hands of a few rich individuals, who were continually buying up smaller estates, which were cultivated by slaves, thus reducing the number of free agricultural labourers.]

[Footnote 2: Directly, rather than by lot as was usual.]

[Footnote 4: In later times the censor performed this office.--D.O.]

[Footnote 5: This decree was practically a bestowal of absolute power.--D.O.]

[Footnote: In later times the proconsul was the consul of the previous year, appointed to act as such over one of the provinces.--D.O.]

[Footnote 7: This gate was on the west side, in the rear, farthest from the enemy: it was so called from the decumanus, a line drawn from east to west, which divided the camp into two halves: see note in revised edition of Prendeville's Livy.]

[Footnote 8: August 1st]

[Footnote 9: The consular year, not the civil one, which began in January: the time at which the consuls entered upon office varied very much until B.C. 153, when it was finally settled that the date of their doing so should be January 1st.]

[Footnote 10: Called "Via Praenestina" beyond Gabii.]

[Footnote 11: That is, broke up camp.--D.O.]

[Footnote 12: The people of Rome had been divided in early times into thirty curies: each of these had an officiating priest, called curio, and the whole body was under the presidency of the curio maximus.]

[Footnote 13: The ten leading senators held the office in rotation for five days each, until the consular comitia were held.--D.O.]

[Footnote 14: August 11th]

[Footnote 15: A lesser form of triumph.]

[Footnote 16: The Sibylline books, supposed to have been sold to Tarquinius Superbus by the Sibyl of Cumæ: they were written in Greek hexameter verses. In times of emergency and distress they were consulted and interpreted by special priests (the duumviri here mentioned).]

[Footnote 17: It will be frequently observed that the patricians utilized their monopoly of religious offices to effect their own ends.--D.O.]

[Footnote 18: Curule chairs of office.]

[Footnote 19: That is, recruits.--D.O.]

[Footnote 20: The worst quarter of the city--its White chapel as it were. It lay, roughly speaking, from the Forum eastward along the valley between Esquiline and Viminial Hills.--D.O.]

[Footnote 21: That is, to insure punishment and practically abnegate the right an accused person had of escaping sentence by voluntary exile.--D.O.]

[Footnote 22: Perhaps the first bail-bond historically noted.--D.O.]

[Footnote 23: That is, refused to accept the plea.]

[Footnote 24: That is, defended them in court.]

[Footnote 25: The Temple of Jupiter in the Capitol was divided into three parts: the middle was sacred to Jupiter, the right to Minerva, the left to Juno. By "other gods" are meant Terminus, Fides, Juventas.]

[Footnote 26: Publicola, the father of Brutus.]

[Footnote 27: That is, personal violence from the young patricians.--D.O.]

[Footnote 28: Their control over the auspices was a favourite weapon of the patricians, and one which could naturally be better used at a distance from Rome. The frequency of its use would seem to argue adaptability in the devotional feelings of the nobles at least, which might modify our reliance upon the statement made above as to the respect for the gods then prevalent in Rome.--D.O.]

[Footnote 29: This was the limit of the tribunes' authority.--D.O.]

[Footnote 30: This gate, from which at a later date the Via Appia and the Via Latina started, stood near what is now the junction of the Via S. Gregorio with the Vi di Porta S. Sebastiano.--D.O.]

[Footnote 31: By drawing part of the Roman army to the defence of the allied city.--D.O.]

[Footnote 32: Two spears were set upright and a third lashed across. To pass through and under this "yoke" was, among the Italian states, the greatest indignity that could be visited upon a captured army. It symbolized servititude in arms.--D. O.]

[Footnote 33: This would seem to augur some treachery, unless we are to believe that only the young men taken in the citadel were sent under the yoke, the slaughter took place among the flying besiegers.--D.O.]

[Footnote 34: "Quæstors," these officers are first mentioned in Book II, ch. xii. In early times it appears to have been part of their duty to prosecute those guilty of treason, and to carry the punishment into execution.]

[Footnote 35: Evidently a new pretext for delay.--D.O.]

[Footnote 36: A little beyond Crustumerium, on the Via Salaria.--D.O.]

[Footnote 37: Possibly to one assigned to him officially. Freese regards the expression as inconsistent with his alleged poverty.--D.O.]

[Footnote 38: A curious feature of a triumph were the disrespectful and often scurrilous verses chanted by the soldiers at the expense of their general--D.O.]

[Footnote 39: The meaning of this passage is obscure. Many explanations have been attempted, none of which, to my mind, is quite satisfactory.--D.O.]

[Footnote 40: Priest of Quirinus.--D. O.]

[Footnote 41: The law forbade burial within the limits of the city except in certain cases.--D.O.]

[Footnote 42: That is, relinquished his right of acting as judge in favour of the people and of popular trial.--D.O.]

[Footnote 43: A new law was hung up in the Forum for public perusal.--D.O.]

[Footnote 44: As in the case of a dictator. At first half, and finally all, of the consular lictors carried only the fasces.--D.O.]

[Footnote 45: That is, the incumbents of the past year, now of right private persons, their term of office having expired.--D. O.]

[Footnote 46: The fine for non-attendance.--D.O.]

[Footnote 47: As being out of order, the senate having been convened to consider the war.]

[Footnote 48: Rex Sacrificulus (see note, page 73).--D.O.]

[Footnote 49: As having been improperly convened.--D.O.]

[Footnote 50: That is, of Valerius, but rather of Appius himself in restraining him from precipitating matters.--D.O.]

[Footnote 51: Appius's argument is that, if Verginia was living in a state of slavery under Claudius, as any one might institute an action to establish her liberty, she would be entitled to her liberty until the matter was settled: but as she was now living under her father's protection, and was his property by the right of the patria potestas, and he was absent, and as other person had a right to keep or defend her, she ought to be given up to the man who claimed to be her master, pending her father's return.]

[Footnote 52: Venus Cloacina (she who cleanses).--D.O.]

[Footnote 53: On two sides of the forum were colonnades, between the pillars of which were tradesmen's booths known as "the Old Booths" and "the New Booths."]

[Footnote 54: That is, to the infernal gods.]

[Footnote 55: See Macaulay's "Lays of Ancient Rome: Verginia."]

[Footnote 56: The civilian togas.--D. O.]

[Footnote 57: Appius Claudius, a member of their order.--D. O.]

[Footnote 58: From the Colline gate.--D.O.]

[Footnote 59: From whose decision an appeal would lie.]

[Footnote 60: The church of S. Caterina de' Fernari now stands within its lines.--D.O.]

[Footnote 61: Evidently this could not apply to a dictator.--D. O.]

[Footnote 62: The name consul, although used by Livy (Bk. I, ch. Ix), was not really employed until after the period of the decemvirs. The title in early use was prætor: it is not definitely known when the name judex was attached to the office.]

[Footnote 63: I question the rendering of this sentence. To read plebis for plebi would very much improve the sense.--D.O.]

[Footnote 64: Twenty years.--D.O.]

[Footnote 65: The misfortunes of the previous campaign were supposed to exert an influence on the present one.--D.O.]

[Footnote 66: The cavalry at this period wore no defensive armour, and carried only an ox-hide buckler and a light lance.--D.O.]

[Footnote 67: A victorious general who had entered the city could not afterward triumph.--D.O.]

[Footnote 68: It was first necessary for these to be adopted into plebeian families, as none but plebeians were eligible.--D.O.]

[Footnote 69: It stood about where the Arch of Gallienus now stands.--D.O.]

[Footnote 70: Each legion was divided into ten cohorts.--D.O.]

[Footnote 71: A not unusual method of forcing the charge, as not only military honour but religious sentiment forbade the loss of the standards.--D. O.]

[Footnote 72: About twenty miles from Rome in the Alban Mountains. The village of Ariccia occupies the site of the ancient citadel.--D. O.]

[Footnote 73: Quadruplatores were public informers, so called because they received a fourth part of the fine imposed: also used in a general sense of those who tried to promote their interests by underhand means.]

[Footnote 74: This is one of the best of Livy's books. The story of Verginia and of the deposition and punishment of the decemvirs is unexcelled in historical narrative.--D.O.]

End of Project Gutenberg's Roman History, Books I-III, by Titus Livius