Chapter XVII: Book IV (1)

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

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

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

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

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

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

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

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

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

9. Whilst these matters are transacting at Rome, ambassadors come from Ardea, imploring aid for their city, which was nearly destroyed, in consideration of their very ancient alliance, and of the treaty recently renewed. For by intestine wars they were not allowed to enjoy the peace with Rome, which they had by the soundest policy preserved; the cause and origin of which is said to have arisen from a struggle between factions; which have proved and ever will prove more a cause of destruction to several states, than foreign wars, famine, or disease, or any of the other evils which men refer to the anger of heaven, as the severest of public calamities. Two young men courted a maiden of a plebeian family, highly distinguished for beauty: one of them on a level with the maid in point of birth, and favoured by her guardians, who were themselves of the same rank; the other of noble birth, captivated by nothing but her beauty. The latter was aided by the good wishes of the nobles, through which party disputes made their way even into the girl's family. The nobleman was preferred in the judgment of the mother, who was anxious that her daughter should have the most splendid match possible: the guardians, mindful of party even in that transaction, strove for the person of their own order. As the matter could not be settled within the walls of the house, they proceeded to a court of justice. On hearing the claim of the mother and of the guardians, the magistrate decides the right of marriage in conformity with the wish of the mother. But violence was the more powerful. For the guardians, having harangued openly in the forum among persons of their own faction, on the injustice of the decree, collected a party and carry off the girl from her mother's house: against whom a body of nobles having arisen more incensed than before, attends the young man rendered furious by the outrage. A desperate battle takes place; the commons in no respect like to the Roman commons were worsted, and having set out from the city in arms, and taken possession of a hill, make excursions into the lands of the nobles with fire and sword. The city too, which had been previously free from all contest, they set about besieging, having induced, by the hope of plunder, a multitude of artisans to join them: nor was any appearance or calamity of war absent; as if the whole state were infested by the mad rage of the two young men, who sought the accomplishment of the fatal match through their country's ruin. The arms and war at home seemed insufficient to both parties. The nobles called in the Romans to the relief of their besieged city; the commons called upon the Volscians to join them in storming Ardea. The Volscians, under the command of Clælius, an Æquan, came first to Ardea, and drew a line of circumvallation around the enemy's walls. When news of this was brought to Rome, Marcus Geganius, the consul, having set out immediately at the head of an army, selected a place for his camp about three miles from the enemy; and the day being now fast declining, he orders his soldiers to refresh themselves; then at the fourth watch he puts his troops in motion; and the work, once commenced, was expedited in such a manner, that at sun-rise the Volscians found themselves enclosed by the Romans with stronger works than the city was by themselves. The consul had also at another place connected an arm to the wall of Ardea, through which his friends might pass to and from the town.

10. The Volscian general, who up to that period had maintained his army, not out of provisions which had been previously provided, but with corn brought in daily from the plunder of the country, when now encompassed by a rampart he perceives himself suddenly destitute of every thing, calling the consul to a conference, says, that "if the Roman came for the purpose of raising the siege, he would withdraw the Volscians from thence." To this the consul made answer, that "the vanquished had to accept terms, not to dictate them; and as the Volscians came at their own discretion to attack the allies of the Roman people, they should not go off in the same same way." He orders, "that their general be given up, their arms laid down, acknowledging themselves vanquished, and ready to submit to his further orders: otherwise, whether they went away or stayed, that he would prove a determined enemy, and would prefer to carry to Rome a victory over the Volscians than an insidious peace." The Volscians, determined on trying the slender hope they had in arms, all other being now cut off, besides many other disadvantages, having come to an engagement in a place unfavourable for fighting, and still more so for retreat, when they were being cut down on every side, from fighting have recourse to entreaties; having given up their general and surrendered their arms, they are sent under the yoke and dismissed full of disgrace and suffering, with one garment each. And when they halted not far from the city of Tusculum, in consequence of an old grudge of the Tusculans they were surprised, unarmed as they were, and suffered severe punishment, a messenger being scarcely left to bring an account of their defeat. The Roman general quieted the disturbed state of affairs at Ardea, beheading the principal authors of that commotion, and confiscating their effects to the public treasury of the Ardeans; the Ardeans considered the injustice of the decision completely repaired by such kindness on the part of the Roman people; it seemed to the senate, however, that something remained to be done to obliterate the remembrance of public avarice. The consul returns to the city in triumph, Clælius, the general of the Volscians, being led before his chariot, and the spoils being carried before him, of which he had stripped the enemy's army after he had sent them under the yoke. Quintius the consul, by his civil administration, equalled, which is no easy matter, the glory attained by his colleague in war; for he so regulated the domestic care of harmony and peace, by dispensing justice with moderation to the highest and the lowest, that both the patricians considered him a strict consul, and the commons, as one sufficiently lenient. Against the tribunes too he carried his measures more by his influence than by striving against them. Five consulships conducted with the same even tenor of conduct, and every part of his life being passed in a manner worthy of the consular dignity, rendered himself almost more venerable than the high office itself. On this account no mention was made of the military tribunes during this consulate.

11. They appoint as consuls Marcus Fabius Vibulanus, Publius Æbutius Cornicen. Fabius and Æbutius, the consuls, inasmuch as they perceived that they succeeded to a greater glory of achievements performed at home and abroad, (the year was rendered particularly remarkable among the neighbouring states, both friendly and hostile, because relief had been afforded to the Ardeans in their perilous situation with so much zeal,) the more strenuously exerted themselves in obtaining a decree of the senate, that they might completely efface the infamy of the decision from the memory of men, to the effect that since the state of the Ardeans had been reduced to a few by intestine war, a colony should be sent thither as a protection against the Volscians. This is what was stated publicly on the tables, that the intention entertained of rescinding the decision might escape the knowledge of the commons and tribunes. But they had agreed that, a much greater number of Rutulian colonists being enrolled than of Romans, no land should be distributed, except that which had been intercepted by the infamous decision; and that not a sod of it should be assigned to any Roman, until all the Rutulians had had their share. In this way the land returned to the Ardeans. The commissioners appointed to transplant the colony to Ardea were Agrippa Menenius, Titus Clælius Siculus, and Marcus Æbutius Elva. When they, in the discharge of their by no means popular office, had given offence to the commons by assigning to the allies the land which the Roman people had decided to be their own, and were not even much supported by the patricians, because they had not deferred in any way to the influence of any one, a day having been appointed for them by the tribunes to appear before the people, they escaped all vexatious annoyance by enrolling themselves as settlers and remaining in the colony, which they now had as a testimony of their integrity and justice.

12. There was peace at home and abroad both this and the following year, Caius Furius Pacilus and Marcus Papirius Crassus being consuls. The games which had been vowed by the decemvirs, in pursuance of a decree of the senate on occasion of the secession of the commons from the patricians, were performed this year. An occasion for sedition was sought in vain by Pætelius, who, having been made a tribune of the commons a second time, by denouncing these same threats, could neither prevail on the consuls to submit to the senate the questions concerning the division of the lands among the people; and when, after a hard struggle, he had succeeded so far that the patricians should be consulted as to whether it was their pleasure that an election should be held of consuls or of tribunes, consuls were ordered to be elected; and the menaces of the tribune were now laughed at, when he threatened that he would stop the levy, inasmuch as the neighbouring states being now quiet, there was no occasion either for war or for preparations for war. This tranquil state of things is followed by a year, in which Proculus Geganius Macerinus, Lucius Menenius Lanatus were consuls, remarkable for a variety of disasters and dangers, also for disturbances, famine, for their having almost submitted their necks to the yoke of arbitrary power through the allurement of largesses. Foreign war alone was wanting, by which if matters had been aggravated, they could scarcely have stood out against them by the aid of all the gods. Their misfortunes began with famine; whether it was that the season was unfavourable to the crops, or that the cultivation of the land was relinquished for the allurements of the city, and of public harangues; for both causes are assigned. And the patricians accused the commons as being idle; the tribunes of the commons complained sometimes of the fraud, at other times of the negligence of the consuls. At length the commons prevailed, without opposition on the part of the senate, that Lucius Minutius should be appointed president of the market; doomed to be more successful in that office in preserving liberty than in the discharge of his own peculiar province: although in the end he bore away the well-earned gratitude of the people as well as the glory of having lowered the price of provisions. When he had made but slight advance in relieving the markets by sending embassies around the neighbouring states by land and sea to no purpose, except that an inconsiderable quantity of corn was imported from Etruria, and applying himself to the careful dispensations of their scanty stock, by obliging persons to show their supply, and to sell whatever was over and above a month's provision, and by depriving the slaves of one half of their daily allowance; then by censuring and holding up to the resentment of the people the corn-hoarders, he rather discovered the great scarcity of grain than relieved it by this rigorous inquisition. Many of the commons, all hope being lost, rather than be tortured by dragging out existence, muffled up their heads and precipitated themselves into the Tiber.

13. Then Spurius Mælius, of the equestrian order, extremely rich considering these times, set about a project useful in itself, but having a most pernicious tendency, and a still more pernicious motive. For having, by the assistance of his friends and clients, bought up corn from Etruria at his private expense, (which very circumstance, I think, had been an impediment in the endeavour to reduce the price of corn by the exertions of the state,) he set about giving out largesses of corn: and having won over the commons by this munificence, he drew them with him wherever he went, conspicuous and consequential beyond the rank of a private citizen, insuring to him as undoubted the consulship by the favour (they manifested towards him) and the hopes (they excited in him.) He himself, as the mind of man is not to be satiated with that which fortune holds out the hope of, began to aspire to things still higher, and altogether unwarrantable; and since even the consulship would have to be taken from the patricians against their will, he began to set his mind on kingly power;--that that would be the only prize worthy of such grand designs and of the struggle which would have to be endured. The consular elections were now coming on, which circumstance destroyed him completely, his plans being not yet arranged or sufficiently matured. Titus Quintius Capitolinus was elected consul for the sixth time, a man by no means well suited to answer the views of one meditating political innovations: Agrippa Menenius is attached to him as colleague, who bore the cognomen of Lanatus: and Lucius Minutius as president of the markets, whether he was re-elected, or created for an indefinite period, as long as circumstances should require; for there is nothing certain in the matter, except this, his name was entered as president in the linen books among the magistrates for both years. Here Minucius, conducting the same office in a public capacity which Mælius had undertaken to conduct in a private character, the same class of persons frequenting the houses of both, having ascertained the matter, lays it before the senate, "that arms were collecting in the house of Mælius, and that he held assemblies in his house: and that his designs were unquestionably bent on regal dominion: that the time for the execution of the project was not yet fixed: that all other matters were settled; and that the tribunes were bought over for hire to betray the public liberty, and that the several parts were assigned to the leaders of the multitude. That he laid these things before them almost later than was consistent with safety, lest he might be the reporter of any thing uncertain or ill-grounded." When these things were heard, the chiefs of the patricians both rebuked the consuls of the former year, for having suffered those largesses and meetings of the people to go on in a private house, as well as the new consuls for having waited until a matter of such importance should be reported to the senate by the president of the markets, which required the consul to be not only the reporter, but the punisher also; then Titus Quintius said, "that the consuls were unfairly censured, who being fettered by the laws concerning appeal, enacted to weaken their authority, by no means possessed as much power in their office as will, to punish that proceeding according to its atrocity. That there was wanting a man not only determined in himself, but one who was unshackled and freed from the fetters of those laws. That he would therefore appoint Lucius Quintius dictator; that in him there would be a determination suitable to so great a power." Whilst all approved, Quintius at first refused; and asked them what they meant, in exposing him in the extremity of age to such a contest. Then when they all said that in that aged mind there was not only more wisdom, but more energy also, than in all the rest, and went on loading him with deserved praises, whilst the consul relaxed not in his original determination; Cincinnatus at length having prayed to the immortal gods, that his old age might not prove a detriment or disgrace to the republic at so dangerous a juncture, is appointed dictator by the consul: he himself then appoints Caius Servilius Ahala his master of the horse.

14. On the next day, having stationed proper guards, when he had gone down to the forum, and the attention of the commons was attracted to him by the strangeness and extraordinary nature of the thing, and Mælius's friends and himself their leader perceived that the power of such high authority was directly aimed at them; when, moreover, those who were not aware of the designs on regal power, went on asking, "what tumult, what sudden war, had called for either the dictatorial authority, or Quintius, after his eightieth year, administrator of affairs," Servilius, master of the horse, being sent by the dictator to Mælius, says, "The dictator summons you." When he, being alarmed, asked what he meant, and Servilius stated that "he must stand a trial," and answer the charge brought against him before the senate by Minucius, Mælius drew back into the band of his adherents, and at first, looking around him, he began to skulk off: at length when the beadle, by order of the master of the horse, was bringing him off, being rescued by those present, and running away, he implored the protection of the Roman people, and alleged that he was persecuted by a conspiracy of the patricians because he had acted kindly towards the people: he besought them that they would assist him in this critical emergency, and not suffer him to be butchered before their eyes. Ahala Servilius overtook and slew him whilst exclaiming in this manner; and smeared with the blood of the person so slain, and surrounded by a body of young nobles, he carries back word to the dictator that Mælius having been summoned to him, and commencing to excite the multitude after he had repulsed the beadle, had received condign punishment. "Thou hast acted nobly, Caius Servilius," said the dictator, "in having saved the republic."

15. He then ordered the multitude, who were much agitated, not knowing what judgment to form of the deed, to be called to an assembly: and he openly declared, "that Mælius had been justly put to death, even though he may have been innocent of the charge of aiming at regal power, who, when summoned to attend the dictator by the master of the horse, had not come. That he himself had taken his seat to examine into the case; that, after it had been investigated, Mælius should have met a result corresponding to his deserts; that when employing force, in order that he might not commit himself to a trial, he had been checked by force. Nor should they proceed with him as with a citizen, who, born in a free state amid laws and rights, in a city from which he knew that kings had been expelled, and on the same year the sons of the king's sister and the children of the consul, the liberator of his country, had been put to death by their father, on a plot for readmitting the royal family into the city having been discovered, from which Collatinus Tarquinius the consul, through a hatred of his name, was ordered to resign his office and go into exile; in which capital punishment was inflicted on Spurius Cassius several years after for forming designs to assume the sovereignty; in which the decemvirs were recently punished with confiscation, exile, and death, in consequence of regal tyranny in that city, Spurius Mælius conceived a hope of attaining regal power. And who was this man? Although no nobility, no honours, no deserts should open to any man the road to domination, yet still the Claudii and Cassii, by reason of the consulates, the decemvirates, the honours of their own and those of their ancestors, and from the splendour of their families, had raised their aspiring minds to heights to which it was impious to raise them: that Spurius Mælius, to whom a tribuneship of the commons should rather be an object of wishes than of hope, a wealthy corn-merchant, had conceived the hope to purchase the liberty of his countrymen for two pounds of corn; had supposed that a people victorious over all their neighbours could be cajoled into servitude by throwing them a morsel of food; so that a person whom the state could scarcely digest as a senator, it should tolerate as king, possessing the ensigns and authority of Romulus their founder, who had descended from and had returned to the gods. This was to be considered not more criminal than it was monstrous: nor was it sufficiently expiated by his blood; unless the roof and walls within which so mad a project had been conceived, should be levelled to the ground, and his effects were confiscated, as being contaminated with the price of purchasing kingly domination. He ordered, therefore, that the quæstors should sell this property and deposit the proceeds in the treasury."

16. He then ordered his house to be immediately razed, that the vacant ground might serve as a monument of nefarious hopes destroyed. This was called Æquimælium. Lucius Minucius was presented with a gilded ox on the outside of the gate Trigemina, and this not even against the will of the commons, because he distributed Mælius's corn, after valuing it at one _as_ per bushel. In some writers I find that this Minucius had changed sides from the patricians to the commons, and that having been chosen as eleventh tribune of the people, he quieted a commotion which arose on the death of Mælius. But it is scarcely credible that the patricians would have suffered the number of the tribunes to be increased, and that such a precedent should be introduced more particularly in the case of a man who was a patrician; or that the commons did not afterwards maintain, or at least attempt, that privilege once conceded to them. But the legal provision made a few years before, viz. that it should not be lawful for the tribunes to choose a colleague, refutes beyond every thing else the false inscription on the statue. Quintus Cæcilius, Quintus Junius, Sextus Titinius, were the only members of the college of tribunes who had not been concerned in passing the law for conferring honours on Minucius; nor did they cease both to throw out censures one time on Minucius, at another time on Servilius, before the commons, and to complain of the unmerited death of Mælius. They succeeded, therefore, in having an election held for military tribunes rather than for consuls, not doubting but that in six places, for so many were now allowed to be elected, some plebeians also might be appointed, by their professing to be avengers of the death of Mælius. The commons, though they had been agitated that year by many and various commotions, neither elected more than three tribunes with consular power; and among them Lucius Quintius, son of Cincinnatus, from the unpopular nature of whose dictatorship an occasion for disturbance was sought. Mamercus Æmilius, a man of the highest dignity, was voted in, prior to Quintius. In the third place they appoint Lucius Julius.