Chapter XIX: Book IV (3)

35. The following year had as military tribunes with consular power Aulus Sempronius Atratinus, Lucius Quintius Cincinnatus, Lucius Furius Medullinus, Lucius Horatius Barbatus. To the Veientians a truce for twenty years was granted, and one for three years to the Æquans, though they had solicited one for a longer term. There was quiet also from city riots. The year following, though not distinguished either by war abroad or by disturbance at home, was rendered celebrated by the games which had been vowed during the war, both through the magnificence displayed in them by the military tribunes, and also through the concourse of the neighbouring states. The tribunes with consular power were Appius Claudius Crassus, Spurius Nautilus Rutilus, Lucius Sergius Fidenas, Sextus Julius Iulus. The exhibition, besides that they had come with the public concurrence of their states, was rendered still more grateful to the strangers by the courtesy of their hosts. After the games seditious harangues were delivered by the tribunes of the commons upbraiding the multitude; "that stupified with admiration of those persons whom they hated, they kept themselves in a state of eternal bondage; and they not only had not the courage to aspire to the recovery of their hopes of a share in the consulship, but even in the electing of military tribunes, which elections lay open to both patricians and commons, they neither thought of themselves nor of their party. That they must therefore cease feeling surprised why no one busied himself about the interests of the commons: that labour and danger would be expended on objects whence emolument and honour might be expected. That there was nothing men would not attempt if great rewards were proposed for those who make great attempts. That any tribune of the commons should rush blindly at great risk and with no advantage into contentions, in consequence of which he may rest satisfied that the patricians against whom he should strive, will persecute him with inexpiable war, whilst with the commons in whose behalf he may have contended he will not be one whit the more honoured, was a thing neither to be expected nor required. That by great honours minds became great. That no plebeian would think meanly of himself, when they ceased to be despised by others. That the experiment should be at length made in the case of one or two, whether there were any plebeian capable of sustaining a high dignity, or whether it were next to a miracle and a prodigy that any one sprung from the commons should be a brave and industrious man. That by the utmost energy the point had been gained, that military tribunes with consular power might be chosen from among the commons also. That men well approved both in the civil and military line had stood as candidates. That during the first years they were hooted at, rejected, and ridiculed by the patricians: that at length they had ceased to expose themselves to insult. Nor did he for his part see why the law itself might not be repealed; by which that was made lawful which never could take place; for that there would be less cause for blushing at the injustice of the law, than if they were to be passed over through their own want of merit."

36. Harangues of this kind, listened to with approbation, induced some persons to stand for the military tribuneship, each avowing that if in office he would propose something to the advantage of the commons. Hopes were held out of a distribution of the public land, of colonies to be planted, and of money to be raised for the pay of the soldiers, by a tax imposed on the proprietors of estates. Then an opportunity was laid hold of by the military tribunes, so that during the absence of most persons from the city, when the patricians who were to be recalled by a private intimation were to attend on a certain day, a decree of the senate might be passed in the absence of the tribunes of the commons; that a report existed that the Volscians had gone forth into the lands of Hernici to commit depredations, the military tribunes were to set out to examine into the matter, and that an assembly should be held for the election of consuls. Having set out, they leave Appius Claudius, son of the decemvir, as prefect of the city, a young man of great energy, and one who had ever from his cradle imbibed a hatred of the tribunes and the commons. The tribunes of the commons had nothing for which they should contend, either with those persons now absent, who had procured the decree of the senate, nor with Appius, the matter being now all over.

37. Caius Sempronius Atratinus, Quintus Fabius Vibulanus were elected consuls. An affair in a foreign country, but one deserving of record, is stated to have happened in that year. Vulturnum, a city of the Etrurians, which is now Capua, was taken by the Samnites; and was called Capua from their leader, Capys, or, what is more probable, from its champaign grounds. But they took possession of it, after having been admitted into a share of the city and its lands, when the Etrurians had been previously much harassed in war; afterwards the new-comers attacked and massacred during the night the old inhabitants, when on a festival day they had become heavy with wine and sleep. After those transactions the consuls whom we have mentioned entered on office on the ides of December. Now not only those who had been expressly sent, reported that a Volscian war was impending; but ambassadors also from the Latins and Hernicians brought word, "that never at any former period were the Volscians more intent either in selecting commanders, or in levying an army; that they commonly observed either that arms and war were to be for ever consigned to oblivion, and the yoke to be submitted to; or that they must not yield to those, with whom they contended for empire, either in valour, perseverance, or military discipline." The accounts they brought were not unfounded; but neither the senate were so much affected by the circumstance; and Caius Sempronius, to whom the province fell by lot, relying on fortune, as if a most constant object, because he was the leader of a victorious state against one frequently vanquished, executed all his measures carelessly and remissly; so that there was more of the Roman discipline in the Volscian than in the Roman army. Success therefore, as on many other occasions, attended merit. In the first battle, which was entered on by Sempronius without either prudence or caution, they met, without their lines being strengthened by reserves, or their cavalry being properly stationed. The shout was the first presage which way the victory would incline; that raised by the enemy was louder and more continued; that by the Romans, being dissonant, uneven, and frequently repeated in a lifeless manner, betrayed the prostration of their spirits. The enemy advancing the more boldly on this account, pushed with their shields, brandished their swords; on the other side the helmets drooped, as the men looked around, and disconcerted they waver, and keep close to the main body. The ensigns at one time standing their ground are deserted by their supporters, at another time they retreat between their respective companies. As yet there was no absolute flight, nor was there victory. The Romans rather covered themselves than fought. The Volscians advanced, pushed against their line, saw more of the enemy slain than running away.

38. They now give way in every direction, the consul Sempronius in vain chiding and exhorting them; neither his authority nor his dignity availed any thing; and they would presently have turned their backs to the enemy, had not Sextus Tempanius, a commander of a troop of horse, with great presence of mind brought them support, when matters were now desperate. When he called out aloud, "that the horsemen who wished for the safety of the commonwealth should leap from their horses," the horsemen of all the troops being moved, as if by the consul's orders, he says, "unless this cohort by its arms can stop the progress of the enemy, there is an end of the empire. Follow my spear as your standard. Show to the Romans and Volscians, that no cavalry are equal to you as cavalry, nor infantry to you as infantry." When this exhortation was approved by a loud shout, he advances, holding his spear aloft. Wherever they go, they open a passage for themselves; putting forward their targets they force on to the place where they saw the distress of their friends greatest. The fight is restored in every part, as far as their onset reached; nor was there a doubt but that if so few could, accomplish every thing at the same time, the enemy would have turned their backs.

39. And when they could now be withstood in no part, the Volscian commander gives a signal, that an opening should be made for the targeteers, the enemy's new cohort; until carried away by their impetuosity they should be cut off from their own party. When this was done, the horsemen were intercepted; nor were they able to force their way in the same direction as that through which they had passed; the enemy being thickest in that part through which they had made their way; and the consul and Roman legions, when they could no where see that party which had lately been a protection to the entire army, lest the enemy should cut down so many men of distinguished valour by cutting them off, push forward at all hazards. The Volscians, forming two fronts, sustained the attack of the consul and the legions on the one hand, with the other front pressed on Tempanius and the horsemen: and when they after repeated attempts were unable to force their way to their own party, they took possession of an eminence, and defended themselves by forming a circle, not without taking vengeance on their enemies. Nor was there an end of the battle before night. The consul also, never relaxing his efforts as long as any light remained, kept the enemy employed. The night at length separated them undecided as to victory; and such a panic seized both camps, from their uncertainty as to the issue, that, leaving behind their wounded and a great part of the baggage, both armies, as if vanquished, betook themselves to the adjoining mountains. The eminence, however, continued to be besieged till beyond midnight; but when word was brought to the besiegers that the camp was deserted, supposing that their own party had been defeated, they too fled, each whithersoever his fears carried him in the dark. Tempanius, through fear of an ambush, detained his men till daylight. Then having himself descended with a few men to look about, when he ascertained by inquiring from some of the wounded enemy that the camp of the Volscians was deserted, he joyously calls down his men from the eminence, and makes his way into the Roman camp: where, when he found every thing waste and deserted, and the same unsightliness as with the enemy, before the discovery of this mistake should bring back the Volscians, taking with him all the wounded he could, and not knowing what route the consul had taken, he proceeds by the shortest roads to the city.

40. The report of the unsuccessful battle and of the abandonment of the camp had already reached there; and, above all other objects, the horsemen were mourned not more with private than with public grief; and the consul Fabius, the city also being now alarmed, stationed guards before the gates; when the horsemen, seen at a distance, not without some degree of terror by those who doubted who they were, but soon being recognised, from a state of dread produced such joy, that a shout pervaded the city, of persons congratulating each other on the horsemen having returned safe and victorious; and from the houses a little before in mourning, as they had given up their friends for lost, persons were seen running into the street; and the affrighted mothers and wives, forgetful of all ceremony through joy, ran out to meet the band, each one rushing up to her own friends, and through extravagance of delight scarcely retaining power over body or mind. The tribunes of the people who had appointed a day of trial for Marcus Postumius and Titus Quintius, because of the unsuccessful battle fought near Veii by their means, thought that an opportunity now presented itself for renewing the public odium against them by reason of the recent displeasure felt against the consul Sempronius. Accordingly, a meeting being convened, when they exclaimed aloud that the commonwealth had been betrayed at Veii by the generals, that the army was afterwards betrayed by the consul in the country of the Volscians, because they had escaped with impunity, that the very brave horsemen were consigned to slaughter, that the camp was shamefully deserted; Caius Julius, one of the tribunes, ordered the horseman Tempanius to be cited, and in presence of them he says, "Sextus Tempanius, I ask of you, whether do you think that Caius Sempronius the consul either commenced the battle at the proper time, or strengthened his line with reserves, or that he discharged any duty of a good consul? or did you yourself, when the Roman legions were beaten, of your own judgment dismount the cavalry and restore the fight? then when you and the horsemen with you were cut off from our army, did either the consul himself come to your relief, or did he send you succour? Then again, on the following day, had you any assistance any where? or did you and your cohort by your own bravery make your way into your camp? Did you find a consul or an army in the camp, or did you find the camp forsaken, the wounded soldiers left behind? These things are to be declared by you this day, as becomes your valour and honour, by which alone the republic has stood its ground on this day. In a word, where is Caius Sempronius, where are our legions? Have you been deserted, or have you deserted the consul and the army? In a word, have we been defeated, or have we gained the victory?"

41. In answer to these questions the language of Tempanius is said to have been entirely devoid of elegance, but firm as became a soldier, not vainly parading his own merits, nor exulting in the inculpation of others: "How much military skill Caius Sempronius possessed, that it was not his business as a soldier to judge with respect to his commander, but the business of the Roman people when they were choosing consuls at the election. Wherefore that they should not require from him a detail of the plans to be adopted by a general, nor of the qualifications to be looked for in a consul; which matters required to be considered by great minds and great capacities; but what he saw, that he could state. That before he was separated from his own party, he saw the consul fighting in the first line, encouraging his men, actively employed amid the Roman ensigns and the weapons of the enemy; that he was afterwards carried out of sight of his friends. That from the din and shouting he perceived that the contest was protracted till night; nor did he think it possible, from the great numbers of the enemy, that they could force their way to the eminence which he had seized on. Where the army might be, he did not know; he supposed that as he protected himself and his men, by advantage of situation when in danger, in the same way the consul, for the purpose of preserving his army, had selected a more secure place for his camp. Nor did he think that the affairs of the Volscians were in a better condition than those of the Roman people. That fortune and the night had occasioned a multitude of mistakes on both sides:" and then when he begged that they would not detain him, fatigued with toil and wounds, he was dismissed with high encomiums, not more on his bravery than his modesty. While these things were going on, the consul was at the temple of Rest on the road leading to Lavici. Waggons and other modes of conveyance were sent thither from the city, and took up the army, exhausted by the action and the travelling by night. Soon after the consul entered the city, not more anxious to remove the blame from himself, than to bestow on Tempanius the praises so well deserved. Whilst the citizens were still sorrowful in consequence of their ill success, and incensed against their leaders, Marcus Postumius, being arraigned and brought before them, he who had been military tribune with consular power at Veii, is condemned in a fine of ten thousand _asses_ in weight, of brass. His colleague, Titus Quintius, who endeavoured to shift the entire blame of that period on his previously condemned colleague, was acquitted by all the tribes, because both in the country of the Volscians, when consul, he had conducted business successfully under the auspices of the dictator, Postumius Tubertus, and also at Fidenæ, as lieutenant-general of another dictator, Mamercus Æmilius. The memory of his father, Cincinnatus, a man highly deserving of veneration, is said to have been serviceable to him, as also Capitolinus Quintius, now advanced in years, humbly entreating that they would not suffer him who had so short a time to live to be the bearer of such dismal tidings to Cincinnatus.

42. The commons elected as tribunes of the people, though absent, Sextus Tempanius, Aulus Sellius, Sextus Antistius, and Spurius Icilius, whom the horsemen by the advice of Tempanius had appointed to command them as centurions. The senate, inasmuch as the name of consuls was now becoming displeasing through the hatred felt towards Sempronius, ordered that military tribunes with consular power should be elected. Those elected were Lucius Manlius Capitolinus, Quintus Antonius Merenda, Lucius Papirius Mugillanus. At the very commencement of the year, Lucius Hortensius, a tribune of the people, appointed a day of trial for Caius Sempronius, a consul of the preceding year, and when his four colleagues, in sight of the Roman people, entreated him that he would not involve in vexation their unoffending general, in whose case nothing but fortune could be blamed, Hortensius took offence, thinking it to be a trying of his perseverance, and that the accused depended not on the entreaties of the tribunes, which were merely used for show, but on their protection. Therefore now turning to him, he asked, "Where were those patrician airs, where the spirit supported and confiding in conscious innocence; that a man of consular dignity took shelter under the shade of the tribunes?" Another time to his colleagues, "What do you intend doing, if I go on with the prosecution; will you wrest their jurisdiction from the people and overturn the tribunitian authority?" When they said that, "both with respect to Sempronius and all others, the power of the Roman people was supreme; that they had neither the will nor the power to do away with the judgment of the people; but if their entreaties for their commander, who was to them in the light of a parent, were to prove of no avail, that they would change their apparel along with him:" then Hortensius says, "The commons of Rome shall not see their tribunes in the garb of culprits. To Caius Sempronius I have nothing more to say, since when in office he has attained this good fortune, to be so dear to his soldiers." Nor was the dutiful attachment of the four tribunes more grateful alike to the commons and patricians, than was the temper of Hortensius, which yielded so readily to their just entreaties. Fortune no longer indulged the Æquans, who had embraced the doubtful victory of the Volscians as their own.

43. In the year following, when Numerius Fabius Vibulanus and Titus Quintius Capitolinus, son of Capitolinus, were consuls, nothing worth mentioning was performed under the conduct of Fabius, to whom that province had fallen by lot. When the Æquans had merely showed their dastardly army, they were routed by a shameful flight, without any great honour to the consul; therefore a triumph is refused. However in consequence of having effaced the ignominy of Sempronius's defeat, he was allowed to enter the city with an ovation. As the war was terminated with less difficulty than they had apprehended, so in the city, from a state of tranquillity, an unexpected mass of dissensions arose between the commons and patricians, which commenced with doubling the number of quæstors. When the patricians approved most highly of this measure, (viz. that, besides the two city quæstors, two should attend the consuls to discharge some duties of the military service,) after it was moved by the consuls, the tribunes of the commons contended in opposition to the consuls, that half of the quæstors should be appointed from the commons; for up to that time all patricians were appointed. Against this proceeding both the consuls and patricians at first strove with all their might; then by making a concession that the will of the people should be equally free in the case of quæstors, as they enjoyed in the election of tribunes with consular power, when they produced but little effect, they gave up the entire matter about increasing the number of quæstors. When relinquished, the tribunes take it up, and other seditious schemes are continually started, among which is that of the agrarian law. On account of these disturbances the senate was desirous that consuls should be elected rather than tribunes, but no decree of the senate could be passed in consequence of the protests of the tribunes; the government from being consular came to an interregnum, and not even that without a great struggle (for the tribunes prevented the patricians from meeting). When the greater part of the following year was wasted in contentions by the new tribunes of the commons and some interreges, the tribunes at one time hindering the patricians from assembling to declare an interrex, at another time preventing the interrex from passing a decree regarding the election of consuls; at length Lucius Papirius Mugillanus, being nominated interrex, censuring now the patricians, now the tribunes of the people, asserted "that the state, deserted and forsaken by man, being taken up by the providence and care of the gods, subsisted by the Veientian truce and the dilatoriness of the Æquans. From which quarter if any alarm of danger be heard, did it please them that the state, left without a patrician magistrate, should be taken by surprise? that there should be no army, nor general to enlist one? Will they repel a foreign war by an intestine one? And if they both meet, the Roman state can scarcely be saved, even by the aid of the gods, from being overwhelmed. That they, by resigning each a portion of their strict right, should establish concord by a compromise; the patricians, by suffering military tribunes with consular authority to be elected; the tribunes of the commons, by ceasing to protest against the four quæstors being elected promiscuously from the commons and patricians by the free suffrage of the people."

44. The election of tribunes was first held. There were chosen tribunes with consular power, Lucius Quintius Cincinnatus a third time, Lucius Furius Medullinus a second time, Marcus Manlius, Aulus Sempronius Atratinus. On the last-named tribune presiding at the election of quæstors, and among several other plebeians a son of Antistius, a plebeian tribune, and a brother of Sextus Pompilius, also a tribune of the commons, becoming candidates, neither the power nor interest of the latter at all availed so as to prevent those, whose fathers and grandfathers they had seen consuls, from being preferred for their high birth. All the tribunes of the commons became enraged, above all Pompilius and Antistius were incensed at the rejection of their relatives. "What could this mean? that neither through their own kindnesses, nor in consequence of the injurious treatment of the patricians, nor even through the natural desire of making use of their new right, as that is now allowed which was not allowed before, was any individual of the commons elected if not a military tribune, not even a quæstor. That the prayers of a father in behalf of a son, those of one brother in behalf of another, had been of no avail, though proceeding from tribunes of the people, a sacrosanct power created for the support of liberty. There must have been some fraud in the matter, and Aulus Sempronius must have used more of artifice at the elections than was compatible with honour." They complained that by the unfairness of his conduct their friends had been kept out of office. Accordingly as no attack could be made on him, secured by his innocence and by the office he then held, they turned their resentment against Caius Sempronius, uncle to Atratinus; and, with the aid of their colleague Marcus Cornelius, they entered a prosecution against him on account of the disgrace sustained in the Volscian war. By the same tribunes mention was frequently made in the senate concerning the division of the lands, (which scheme Caius Sempronius had always most vigorously opposed,) they supposing, as was really the case, that the accused, should he give up the question, would become less valued among the patricians, or by persevering up to the period of trial he would give offence to the commons. He preferred to expose himself to the torrent of popular prejudice, and to injure his own cause, than to be wanting to the public cause; and he stood firm in the same sentiment, "that no largess should be made, which was sure to turn to the benefit of the three tribunes; that it was not land was sought for the people, but odium for him. That he too would undergo that storm with a determined mind; nor should either himself, nor any other citizen, be of so much consequence to the senate, that in showing tenderness to an individual, a public injury may be done." When the day of trial came, he, having pleaded his own cause with a spirit by no means subdued, is condemned in a fine of fifteen thousand _asses_, though the patricians tried every means to make the people relent. The same year Postumia, a Vestal virgin, is tried for a breach of chastity, though guiltless of the charge; having fallen under suspicion in consequence of her dress being too gay and her manners less reserved than becomes a virgin, not avoiding the imputation with sufficient care. The case was first deferred, she was afterwards acquitted; but the chief pontiff, by the instruction of the college, commanded her to refrain from indiscreet mirth, and to dress with more regard to sanctity than elegance. In the same year Cumæ, a city which the Greeks then occupied, was taken by the Campanians.

45. The following year had for military tribunes with consular power, Agrippa Menenius Lanatus, Publius Lucretius Tricipitinus, Spurius Nautius Rutilus: to the good fortune of the Roman people, the year was remarkable rather by great danger than by losses. The slaves conspire to set fire to the city in several quarters, and whilst the people should be intent in bearing assistance to the houses in every direction, to take up arms and seize the citadel and Capitol. Jupiter frustrated their horrid designs; and the offenders, being seized on the information of two (accomplices), were punished. Ten thousand _asses_ in weight of brass paid out of the treasury, a sum which at that time was considered wealth, and their freedom, was the reward conferred on the parties who discovered. The Æquans then began to prepare for a renewal of hostilities; and an account was brought to Rome from good authority, that new enemies, the Lavicanians, were forming a coalition with the old ones. The state had now become habituated, as it were, to the anniversary arms of the Æquans. When ambassadors were sent to Lavici and brought back from thence an evasive answer, from which it became evident that neither war was intended there, nor would peace be of long continuance, instructions were given to the Tusculans, that they should observe attentively, lest any new commotion should arise at Lavici. To the military tribunes, with consular power, of the following year, Lucius Sergius Fidenas, Marcus Papirius Mugillanus, Caius Servilius the son of Priscus, in whose dictatorship Fidenæ had been taken, ambassadors came from Tusculum, just as they entered on their office. The ambassadors brought word that the Lavicanians had taken arms, and having ravaged the Tusculan territory in conjunction with the army of the Æquans, that they had pitched their camp at Algidum. Then war was proclaimed against the Lavicanians; and a decree of the senate having been passed, that two of the tribunes should proceed to the war, and that one should manage affairs at Rome, a contest suddenly sprung up among the tribunes. Each represented himself as a fitter person to take the lead in the war, and scorned the management of the city as disagreeable and inglorious. When the senate beheld with surprise the indecent contention between the colleagues, Quintus Servilius says, "Since there is no respect either for this house, or for the commonwealth, parental authority shall set aside this altercation of yours. My son, without having recourse to lots, shall take charge of the city. I wish that those who are so desirous of managing the war, may conduct it with more consideration and harmony than they covet it."

46. It was determined that the levy should not be made out of the entire body of the people indiscriminately. Ten tribes were drawn by lot; the two tribunes enlisted the younger men out of these, and led them to the war. The contentions which commenced between them in the city, were, through the same eager ambition for command, carried to a much greater height in the camp: on no one point did they think alike; they contended strenuously for their own opinion; they desired their own plans, their own commands only to be ratified; they mutually despised each other, and were despised, until, on the remonstrances of the lieutenant-generals, it was at length so arranged, that they should hold the supreme command on alternate days. When an account of these proceedings was brought to Rome, Quintus Servilius, taught by years and experience, is said to have prayed to the immortal gods, that the discord of the tribunes might not prove more detrimental to the commonwealth than it had done at Veii: and, as if some certain disaster was impending over them, he pressed his son to enlist soldiers and prepare arms. Nor was he a false prophet. For under the conduct of Lucius Sergius, whose day of command it was, being suddenly attacked by the Æquans on disadvantageous ground near the enemy's camp, after having been decoyed thither by the vain hope of taking it, because the enemy had counterfeited fear and betaken themselves to their rampart, they were beaten down a declivity, and great numbers were overpowered and slaughtered by their tumbling one over the other rather than by flight: and the camp, retained with difficulty on that day, was, on the following day, deserted by a shameful flight through the opposite gate, the enemy having invested it in several directions. The generals, lieutenant-generals, and such of the main body of the army as kept near the colours, made their way to Tusculum; others, dispersed in every direction through the fields, hastened to Rome by different roads, announcing a heavier loss than had been sustained. There was less of consternation, because the result corresponded to the apprehensions of persons; and because the reinforcements, which they could look to in this distressing state of things, had been prepared by the military tribune: and by his orders, after the disturbance in the city was quieted by the inferior magistrates, scouts were instantly despatched, and brought intelligence that the generals and the army were at Tusculum; that the enemy had not removed their camp. And, what raised their spirits most, Quintus Servilius Priscus was created dictator in pursuance of a decree of the senate; a man whose judgment in public affairs the state had experienced as well on many previous occasions, as in the issue of that war, because he alone had expressed his apprehensions of the result of the disputes among the tribunes, before the occurrence of the misfortune; he having appointed for his master of the horse, by whom, as military tribune, he had been nominated dictator, his own son, as some have stated, (for others mention that Ahala Servilius was master of the horse that year;) and setting out to the war with his newly-raised army, after sending for those who were at Tusculum, chose ground for his camp at the distance of two miles from the enemy.

47. The arrogance and negligence arising from success, which had previously existed in the Roman generals, were now transferred to the Æquans. Accordingly, when in the very first engagement the dictator had thrown the enemy's van into disorder by a charge of his cavalry, he immediately ordered the infantry to advance, and slew one of his own standard-bearers who hesitated in so doing. So great was the ardour to fight, that the Æquans did not stand the shock; and when, vanquished in the field, they made for their camp in a precipitate flight, the taking of it was shorter in time and less in trouble than the battle had been. After the camp had been taken and plundered, and the dictator had given up the spoil to the soldiers, and the cavalry, who had pursued the enemy in their flight, brought back intelligence that all the Lavicanians were vanquished, and that a considerable number of the Æquans had fled to Lavici, the army was marched to Lavici on the following day; and the town, being invested on all sides, was taken by storm and plundered. The dictator, having marched back his victorious army to Rome, resigned his office on the eighth day after he had been appointed; and before agrarian disturbances could be raised by the tribunes of the commons, allusion having been made to a division of the Lavicanian land, the senate very opportunely voted in full assembly that a colony should be conducted to Lavici. One thousand five hundred colonists were sent from the city, and received each two acres. Lavici being taken, and subsequently Agrippa Menenius Lanatus, and Lucius Servilius Structus, and Publius Lucretius Tricipitinus, all these a second time, and Spurius Rutilius Crassus being military tribunes with consular authority, and on the following year Aulus Sempronius Atratinus a third time, and Marcus Papirius Mugillanus and Spurius Nautius Rutilus both a second time, affairs abroad were peaceable for two years, but at home there was dissension from the agrarian laws.

48. The disturbers of the commons were Spurius Mæcilius a fourth time, and Spurius Mætilius a third time, tribunes of the people, both elected during their absence. And after they had proposed a bill, that the land taken from the enemy should be divided man by man, and the property of a considerable part of the nobles would be confiscated by such a measure; for there was scarcely any of the land, considering the city itself was built on a strange soil, that had not been acquired by arms; nor had any other persons except the commons possession of that which had been sold or publicly assigned, a violent contest between the commons and patricians seemed to be at hand; nor did the military tribunes discover either in the senate, or in the private meetings of the nobles, any line of conduct to pursue; when Appius Claudius, the grandson of him who had been decemvir for compiling the laws, being the youngest senator of the meeting, is stated to have said; "that he brought from home an old and a family scheme, for that his great-grandfather, Appius Claudius, had shown the patricians one method of baffling tribunitian power by the protests of their colleagues; that men of low rank were easily led away from their opinions by the influence of men of distinction, if language were addressed to them suitable to the times, rather than to the dignity of the speakers. That their sentiments were regulated by their circumstances. When they should see that their colleagues, having the start in introducing the measure, had engrossed to themselves the whole credit of it with the commons, and that no room was left for them, that they would without reluctance incline to the interest of the senate, through which they may conciliate the favour not only of the principal senators, but of the whole body." All expressing their approbation, and above all, Quintius Servilius Priscus eulogizing the youth, because he had not degenerated from the Claudian race, a charge is given, that they should gain over as many of the college of the tribunes as they could, to enter protests. On the breaking up of the senate the tribunes are applied to by the leading patricians: by persuading, admonishing, and assuring them "that it would be gratefully felt by them individually, and gratefully by the entire senate, they prevailed on six to give in their protests." And on the following day, when the proposition was submitted to the senate, as had been preconcerted, concerning the sedition which Mæcilius and Mætilius were exciting by urging a largess of a most mischievous precedent, such speeches were delivered by the leading senators, that each declared "that for his part he had no measure to advise, nor did he see any other resource in any thing, except in the aid of the tribunes. That to the protection of that power the republic, embarrassed as it was, fled for succour, just as a private individual in distress. That it was highly honourable to themselves and to their office that there resided not in the tribuneship more strength to harass the senate and to excite disunion among the several orders, than to resist their perverse colleagues." Then a shout arose throughout the entire senate, when the tribunes were appealed to from all parts of the house: then silence being established, those who had been prepared through the interest of the leading men, declare that they will protest against the measure which had been proposed by their colleagues, and which the senate considers to tend to the dissolution of the state. Thanks were returned to the protestors by the senate. The movers of the law, having convened a meeting, and styling their colleagues traitors to the interests of the commons and the slaves of the consulars, and after inveighing against them in other abusive language, relinquished the measure.

49. The following year, on which Publius Cornelius Cossus, Caius Valerius Potitus, Quintus Quintius Cincinnatus, Numerius Fabius Vibulanus were military tribunes with consular power, would have brought with it two continual wars, had not the Veientian campaign been deferred by the religious scruples of the leaders, whose lands were destroyed, chiefly by the ruin of the country-seats, in consequence of the Tiber having overflowed its banks. At the same time the loss sustained three years before prevented the Æquans from affording assistance to the Bolani, a state belonging to their own nation. Excursions had been made from thence on the contiguous territory of Lavici, and hostilities were committed on the new colony. As they had expected to be able to defend this act of aggression by the concurrent support of all the Æquans, when deserted by their friends they lost both their town and lands, after a war not even worth mentioning, through a siege and one slight battle. An attempt made by Lucius Sextius, tribune of the people, to move a law by which colonists might be sent to Bolæ also, in like manner as to Lavici, was defeated by the protests of his colleagues, who declared openly that they would suffer no order of the commons to be passed, unless with the approbation of the senate. On the following year the Æquans, having recovered Bolæ, and sent a colony thither, strengthened the town with additional fortifications, the military tribunes with consular power at Rome being Cneius Cornelius Cossus, Lucius Valerius Potitus, Quintus Fabius Vibulanus a second time, Marcus Postumius Regillensis. The war against the Æquans was intrusted to the latter, a man of depraved mind, which victory manifested more effectually than war. For having with great activity levied an army and marched it to Bolæ, after breaking down the spirits of the Æquans in slight engagements, he at length forced his way into the town. He then turned the contest from the enemy to his countrymen; and when during the assault he had proclaimed, that the plunder should belong to the soldiers, after the town was taken he broke his word. I am more inclined to believe that this was the cause of the displeasure of the army, than that in a city lately sacked and in a colony still young there was less booty found than the tribune had represented. An expression of his heard in the assembly, which was very silly and almost insane, after he returned into the city on being sent for on account of some tribunitian disturbances, increased this bad feeling; on Sextus, a tribune of the commons, proposing an agrarian law, and at the same time declaring that he would also propose that colonists should be sent to Bolæ; for that those who had taken them by their arms were deserving that the city and lands of Bolæ should belong to them, he exclaimed, "Woe to my soldiers, if they are not quiet;" which words, when heard, gave not greater offence to the assembly, than they did soon after to the patricians. And the plebeian tribune being a sharp man and by no means devoid of eloquence, having found among his adversaries this haughty temper and unbridled tongue, which by irritating and exciting he could urge into such expressions as might prove a source of odium not only to himself, but to his cause and to the entire body, he strove to draw Postumius into discussion more frequently than any of the college of military tribunes. Then indeed, after so brutal and inhuman an expression, "Romans," says he, "do ye hear him threatening woe to his soldiers as to slaves? Yet this brute will appear to you more deserving of so high an honour than those who send you into colonies, after having granted to you cities and lands; who provide a settlement for your old age, who fight against such cruel and arrogant adversaries in defence of your interests. Begin then to wonder why few persons now undertake your cause. What are they to expect from you? is it honours which you give to your adversaries rather than to the champions of the Roman people. You felt indignant just now, on hearing an expression of this man? What matters that, if you will prefer this man who threatens woe to you, to those who are desirous to secure for you lands, settlements, and property?"

50. This expression of Postumius being conveyed to the soldiers, excited in the camp much greater indignation. "Did the embezzler of the spoils and the defrauder threaten woe also to the soldiers?" Accordingly, when the murmur of indignation now became avowed, and the quæstor, Publius Sestius, thought that the mutiny might be quashed by the same violence by which it had been excited; on his sending a lictor to one of the soldiers who was clamorous, when a tumult and scuffle arose from the circumstance, being struck with a stone he retired from the crowd; the person who had given the blow, further observing with a sneer, "That the quæstor got what the general had threatened to the soldiers." Postumius being sent for in consequence of the disturbance, exasperated every thing by the severity of his inquiries and the cruelty of his punishment. At last, when he set no bounds to his resentment, a crowd collecting at the cries of those whom he had ordered to be put to death under a hurdle, he himself madly ran down from his tribunal to those who were interrupting the execution. There, when the lictors, endeavouring to disperse them, as also the centurions, irritated the crowd, their indignation burst forth to such a degree, that the military tribune was overwhelmed with stones by his own army. When an account was brought to Rome of so heinous a deed, the military tribunes endeavouring to procure a decree of the senate for an inquiry into the death of their colleague, the tribunes of the people entered their protest. But that contention branched out of another subject of dispute; because the patricians had become uneasy lest the commons, through dread of the inquiries and through resentment, might elect military tribunes from their own body: and they strove with all their might that consuls should be elected. When the plebeian tribunes did not suffer the decree of the senate to pass, and when they also protested against the election of consuls, the affair was brought to an interregnum. The victory was then on the side of the patricians.

51. Quintus Fabius Vibulanus, interrex, presiding in the assembly, Aulus Cornelius Cossus, Lucius Furius Medullinus were elected consuls. During their office, at the commencement of the year, a decree of the senate was passed that the tribunes should, at the earliest opportunity, propose to the commons an inquiry into the murder of Postumius, and that the commons should appoint whomsoever they thought proper to conduct the inquiry. The office is intrusted to the consuls by the commons with the consent of the people at large, who, after having executed the task with the utmost moderation and lenity by punishing only a few, who there are sufficient grounds for believing put a period to their own lives, still could not succeed so as to prevent the people from feeling the utmost displeasure. "That constitutions, which were enacted for their advantages, lay so long unexecuted; while a law passed in the mean time regarding their blood and punishment was instantly put into execution and possessed full force." This was a most seasonable time, after the punishment of the mutiny, that the division of the territory of Bolæ should be presented as a soother to their minds; by which proceeding they would have diminished their eagerness for an agrarian law, which tended to expel the patricians from the public land unjustly possessed by them. Then this very indignity exasperated their minds, that the nobility persisted not only in retaining the public lands, which they got possession of by force, but would not even distribute to the commons the unoccupied land lately taken from the enemy, and which would, like the rest, soon become the prey of a few. The same year the legions were led out by the consul Furius against the Volscians, who were ravaging the country of the Hernicians, and finding no enemy there, they took Ferentinum, whither a great multitude of the Volscians had betaken themselves. There was less plunder than they had expected; because the Volscians, seeing small hopes of keeping it, carried off their effects and abandoned the town. It was taken on the following day, being nearly deserted. The land itself was given to the Hernicians.

52. The year, tranquil through the moderation of the tribunes, was succeeded by one in which Lucius Icilius was plebeian tribune, Quintus Fabius Ambustus, Caius Furius Pacilus being consuls. When this man, at the very commencement of the year, began to excite disturbances by the publication of agrarian laws, as if such was the task of his name and family, a pestilence broke out, more alarming however than deadly, which diverted men's thoughts from the forum and political disputes to their domestic concerns and the care of their personal health; and persons think that it was less mischievous than the disturbance would have proved. The state being freed from this (which was attended) with a very general spread of illness, though very few deaths, the year of pestilence was followed by a scarcity of grain, the cultivation of the land having been neglected, as usually happens, Marcus Papirius Atratinus, Caius Nautius Rutilus being consuls. The famine would now have proved more dismal than the pestilence, had not the scarcity been relieved by sending envoys around all the states, which border on the Tuscan Sea and the Tiber, to purchase the corn. The envoys were prevented from trading in an insolent manner by the Samnitians, who were in possession of Capua and Cumæ; on the contrary, they were kindly assisted by the tyrants of Sicily. The Tiber brought down the greatest supplies, through the very active zeal of the Etrurians. In consequence of the sickness, the consuls laboured under a paucity of hands in conducting the government; when not finding more than one senator for each embassy, they were obliged to attach to it two knights. Except from the pestilence and the scarcity, there was no internal or external annoyance during those two years. But as soon as these causes of anxiety disappeared, all those evils by which the state had hitherto been distressed, started up, discord at home, war abroad.

53. In the consulship of Mamercus Æmilius and Caius Valerius Potitus, the Æquans made preparations for war; the Volscians, though not by public authority, taking up arms, and entering the service as volunteers for pay. When on the report of these enemies having started up, (for they had now passed into the Latin and Hernican land,) Marcus Mænius, a proposer of an agrarian law, would obstruct Valerius the consul when holding a levy, and when no one took the military oath against his own will under the protection of the tribune; an account is suddenly brought that the citadel of Carventa had been seized by the enemy. The disgrace incurred by this event was both a source of odium to Mænius in the hands of the fathers, and it moreover afforded to the other tribunes, already pre-engaged as protestors against an agrarian law, a more justifiable pretext for resisting their colleague. Wherefore after the matter had been protracted for a long time by wrangling, the consuls calling gods and men to witness, that whatever disgrace or loss had either been already sustained or hung over them from the enemy, the blame of it would be imputed to Mænius, who hindered the levy; Mænius, on the other hand, exclaiming "that if the unjust occupiers would yield up possession of the public land, he would cause no delay to the levy:" the nine tribunes interposing a decree, put an end to the contest; and they proclaimed as the determination of their college, "that they would, for the purposes of the levy, in opposition to the protest of their colleague, afford their aid to Caius Valerius the consul in inflicting fines and other penalties on those who refused to enlist." When the consul, armed with this decree, ordered into prison a few who appealed to the tribune, the rest took the military oath from fear. The army was marched to the citadel of Carventa, and though hated by and disliking the consul, they on their first arrival recovered the citadel in a spirited manner, having dislodged those who were protecting it; some in quest of plunder having straggled away through carelessness from the garrison, afforded an opportunity for attacking them. There was considerable booty from the constant devastations, because all had been collected into a safe place. This the consul ordered the quæstors to sell by auction and carry it into the treasury, declaring that the army should then participate in the booty, when they had not declined the service. The exasperation of the commons and soldiers against the consul was then augmented. Accordingly, when by a decree of the senate the consul entered the city in an ovation, rude verses in couplets were thrown out with military licence; in which the consul was severely handled, whilst the name of Mænius was cried up with encomiums, when at every mention of the tribune the attachment of the surrounding people vied by their applause and commendation with the loud praises of the soldiers. And that circumstance occasioned more anxiety to the patricians, than the wanton raillery of the soldiers against the consul, which was in a manner a usual thing; and the election of Mænius among the military tribunes being deemed as no longer questionable, if he should become a candidate, he was kept out of it by an election for consuls being appointed.