Chapter I (2)

[Footnote 23: _Ex quibus locis, quæ fama in Sabinos, aut quo linguæ commercio ---- quenquam excivisset_. "From which (remote) places, what high character of him (could have reached) to the Sabines, or by what intercourse of language could such high character of him have aroused any one to become a pupil?" Other editions read _quâ famâ_; thus, from which places by what high character for talent, or by what intercourse of language, could he, Pythagoras, have aroused any one, etc.?]

19. Having thus obtained the kingdom, he sets about establishing anew, on the principles of laws and morals, the city recently established by violence and arms. When he saw that their minds, as having been rendered ferocious by military life, could not be reconciled to those principles during the continuance of wars, considering that a fierce people should be mollified by the disuse of arms, he erected at the foot of Argiletum a temple of Janus, as an index of peace and war; that when open, it might show the state was engaged in war, and when shut, that all the neighbouring nations were at peace with it. Twice only since the reign of Numa hath this temple been shut; once when T. Manlius was consul, at the end of the first Punic war; and a second time, which the gods granted our age to see, by the emperor Augustus Cæsar, after the battle of Actium, peace being established by sea and land. This being shut, after he had secured the friendship of the neighbouring states around by alliance and treaties, all anxiety regarding dangers from abroad being removed, lest their minds, which the fear of enemies and military discipline had kept in check, should become licentious by tranquillity, he considered, that, first of all, an awe of the gods should be instilled into them, a principle of the greatest efficacy with a multitude ignorant and uncivilized as in those times. But as it could not sink deeply into their minds without some fiction of a miracle, he pretends that he holds nightly interviews with the goddess Egeria; that by her direction he instituted the sacred rites which would be most acceptable to the gods, and appointed proper priests for each of the deities. And, first of all, he divides the year into twelve months, according to the course of the moon; and because the moon does not make up thirty days in each month, and some days are wanting to the complete year as constituted by the solstitial revolution, he so portioned it out by inserting intercalary months, that every twenty-fourth year, the lengths of all the intermediate years being completed, the days should correspond to the same place of the sun (in the heavens) whence they had set out.[24] He likewise made a distinction of the days[25] into profane and sacred, because on some it was likely to be expedient that no business should be transacted with the people.

[Footnote 24: Romulus had made his year to consist of ten months, the first month being March, and the number of days in the year being only 304, which corresponded neither with the course of the sun or moon. Numa, who added the two months of January and February, divided the year into twelve months, according to the course of the moon. This was the lunar Greek year, and consisted of 354 days. Numa, however, adopted 355 days for his year, from his partiality to odd numbers. The lunar year of 354 days fell short of the solar year by 11-1/4 days;--this in 8 years amounted to (11-1/4 × 8) 90 days. These 90 days he divided into 2 months of 22 and 2 of 23 days, ([2 × 22] + [2 × 23] = 90,) and introduced them alternately every second year for two octennial periods: every third octennial period, however, Numa intercalated only 66 days instead of 90 days, _i. e._ he inserted 3 months of only 22 days each. The reason was, because he adopted 355 days as the length of his lunar year instead of 354, and this in 24 years (3 octennial periods) produced an error of 24 days; this error was exactly compensated by intercalating only 66 days (90-24) in the third octennial period. The intercalations were generally made in the month of February, after the 23rd of the month. Their management was left to the pontiffs--_ad metam eandem solis unde orsi essent_--_dies congruerent_; "that the days might correspond to the same starting-point of the sun in the heavens whence they had set out." That is, taking for instance the tropic of Cancer for the place or starting-point of the sun any one year, and observing that he was in that point of the heavens on precisely the 21st of June, the object was so to dispense the year, that the day on which the sun was observed to arrive at that same _meta_ or starting-point again, should also be called the 21st of June:--such was the _congruity_ aimed at by these intercalations.]

[Footnote 25:

_Ille nefastus erit per quem tria verba silentur;
Fastus erit, per quem lege licebit agi._--Ov. F. i. 47.
]

20. Next he turned his attention to the appointment of priests, though he performed many sacred rites himself, especially those which now belong to the flamen of Jupiter. But, as he imagined that in a warlike nation there would be more kings resembling Romulus than Numa, and that they would go to war in person, he appointed a residentiary priest as flamen to Jupiter, that the sacred functions of the royal office might not be neglected, and he distinguished him by a fine robe, and a royal curule chair. To him he added two other flamines, one for Mars, another for Quirinus. He also selected virgins for Vesta, a priesthood derived from Alba, and not foreign to the family of the founder. That they might be constant attendants in the temple, he appointed them salaries out of the public treasury; and by enjoining virginity, and other religious observances, he made them sacred and venerable. He selected twelve Salii for Mars Gradivus, and gave them the distinction of an embroidered tunic, and over the tunic a brazen covering for the breast. He commanded them to carry the celestial shields called [26]Ancilia, and to go through the city singing songs, with leaping and solemn dancing. Then he chose out of the number of the fathers Numa Marcius, son of Marcus, as pontiff,[27] and consigned to him an entire system of religious rites written out and sealed, (showing) with what victims, upon what days, and in what temples the sacred rites were to be performed; and from what funds the money was to be taken for these expenses. He placed all religious institutions, public and private, under the cognisance of the pontiff to the end that there might be some place where the people should come to consult, lest any confusion in the divine worship might be occasioned by neglecting the ceremonies of their own country, and introducing foreign ones. (He ordained) that the same pontiff should instruct the people not only in the celestial ceremonies, but also in (the manner of performing) funeral solemnities, and of appeasing the manes of the dead; and what prodigies sent by lightning or any other phenomenon were to be attended to and expiated. To elicit such knowledge from the divine mind, he dedicated an altar on the Aventine to Jupiter [28]Elicius, and consulted the god by auguries as to what (prodigies) should be expiated.

[Footnote 26: _Ancilia_, from ???????.]

[Footnote 27: _Pontificem_, scil. Maximum.]

[Footnote 28:

_Eliciunt cœlo te, Jupiter: unde minores
Nunc quoque te celebrant, Eliciumque vocant_.

Ov. F. iii. 327.]

21. The whole multitude having been diverted from violence and arms to the considering and adjusting these matters, both their minds had been engaged in doing something, and the constant watchfulness of the gods now impressed upon them, as the deity of heaven seemed to interest itself in human concerns, had filled the breasts of all with such piety, that faith and religious obligations governed the state, no less than fear of the laws and of punishment. And while[29] the people were moulding themselves after the morals of the king, as their best example, the neighbouring states also, who had formerly thought that it was a camp, not a city, situate in the midst of them to disturb the general peace, were brought (to feel) such respect for them that they considered it impious that a state, wholly occupied in the worship of the gods, should be molested. There was a grove, the middle of which was irrigated by a spring of running water, issuing from a dark grotto. As Numa went often thither alone, under pretence of conferring with the goddess, he dedicated the place to the Muses, because their meetings with his wife Egeria were held there. He also instituted a yearly festival to Faith alone, and commanded the priests to be carried to her temple in an arched chariot drawn by two horses, and to perform the divine service with their hands wrapt up to the fingers, intimating that Faith ought to be protected, and that her seat ought to be sacred even in men's right hands. He instituted many other sacred rites, and dedicated places for performing them, which the priests call Argei. But the greatest of all his works was his maintenance of peace, during the whole period of his reign, no less than of his royal prerogative. Thus two kings in succession, by different methods, the one by war, the other by peace, aggrandized the state. Romulus reigned thirty-seven years, Numa forty-three: the state was both strong and well versed in the arts of war and peace.

[Footnote 29: _Cum ipsi se ---- formarent, tum finitimi etiam_, etc. Some of the editors of Livy have remarked on this passage, that _cum_ when answering to _tum_ may be joined to a subjunctive, as here; the fact however is, that _cum_ here does not answer to _tum_ at all; _cum_ is here "whilst,"--and so necessarily requires the verb to be in the subjunctive mood.]

22. Upon the death of Numa, the administration returned again to an interregnum. After that the people appointed as king, Tullus Hostilius, the grandson of that Hostilius who had made the noble stand against the Sabines at the foot of the citadel. The fathers confirmed the choice. He was not only unlike the preceding king, but was even of a more warlike disposition than Romulus. Both his youth and strength, and the renown of his grandfather, stimulated his ambition. Thinking therefore that the state was becoming languid through quiet, he every where sought for pretexts for stirring up war. It happened that some Roman and Alban peasants had mutually plundered each other's lands. C. Cluilius at that time governed Alba. From both sides ambassadors were sent almost at the same time, to demand restitution. Tullus ordered his to attend to nothing before their instructions. He knew well that the Alban would refuse, and that so war might be proclaimed on just grounds. Their commission was executed more remissly by the Albans. For being courteously and kindly entertained by Tullus, they politely avail themselves of the king's hospitality. Meanwhile the Romans had both been first in demanding restitution, and, upon the refusal of the Albans, had proclaimed war after an interval of thirty days: of this they give Tullus notice. Upon this he granted the Alban ambassadors an opportunity of stating what they came to demand. They, ignorant of all, waste some time in making apologies: "That it was with the utmost reluctance they should say any thing which was not pleasing to Tullus; but they were compelled by their orders. That they had come to demand restitution; and if this be not made, they were commanded to declare war." To this Tullus made answer, "Go tell your king, that the king of the Romans takes the gods to witness, which of the two nations hath with contempt first dismissed the ambassadors demanding restitution, that on it they may visit all the calamities of this war." The Albans carry home these tidings.

23. War was prepared for on both sides with the utmost vigour, very like to a civil war, in a manner between parents and children: both being Trojan offspring; for from Troy came Lavinium, from Lavinium Alba, and the Romans were descended from the race of Alban kings. But the result of the war rendered the quarrel less distressing, for they never came to any action; and, when the houses only of one of the cities had been demolished, the two states were incorporated into one. The Albans first made an irruption into the Roman territories with a large army. They pitch their camp not above five miles from the city, and surround it with a trench, which, for several ages, was called the Cluilian trench, from the name of the general, till, in process of time, the name, together with the thing itself, were both forgotten. In that camp Cluilius, the Alban king, dies; the Albans create Mettus[30] Fuffetius dictator. In the mean time, Tullus being in high spirits, especially on the death of the king, and giving out that the supreme power of the gods, having begun at the head, would take vengeance on the whole Alban nation for this impious war, having passed the enemy's camp in the night-time, marches with a hostile army into the Alban territory. This circumstance drew out Mettus from his camp likewise; he leads his forces as near as he can to the enemy; from thence he commands a herald, despatched by him, to tell Tullus that a conference was expedient before they came to an engagement; and that if he would give him a meeting, he was certain he should adduce matters which concerned the interest of Rome not less than that of Alba. Tullus not slighting the proposal, though the advances made were of little avail, draws out his men in order of battle; the Albans on their part come out also. As both armies stood in battle-array, the chiefs, with a few of the principal officers, advance into the middle between them. Then the Alban commences thus: [31]"That injuries and the non-restitution of property according to treaty, when demanded, were the cause of this war, methinks I both heard our King Cluilius (assert), and I doubt not, Tullus, but that you state the same thing. But if the truth is to be told, rather than that which is plausible, the desire of dominion stimulates two kindred and neighbouring states to arms. Nor do I take upon myself to determine whether rightly or wrongly: be that his consideration who commenced the war. The Albans have made me their leader for carrying on the war. Of this, Tullus, I would wish to warn you; how powerful the Etruscan state is around us, and round you particularly, you know better (than we), inasmuch as you are nearer them. They are very powerful by land, extremely so by sea. Recollect that, when you shall give the signal for battle, these two armies will presently be a spectacle to them; and they may fall on us wearied and exhausted, victor and vanquished together. Therefore, in the name of heaven, since, not content with certain liberty, we are incurring the dubious risk of sovereignty and slavery, let us adopt some method, whereby, without much loss, without much blood of either nation, it may be decided which shall rule the other."--The proposal is not displeasing to Tullus, though both from the natural bent of his mind, as also from the hope of victory, he was rather inclined to violence. After some consideration, a plan is adopted on both sides, for which Fortune herself afforded the materials.

[Footnote 30: _Mettus_. Gronovius and Bekker read _Mettius_; Niebuhr also prefers _Mettius_; he conceives that the Latin _prænomina_ and the Roman _nomina_ terminated in _ius_.]

[Footnote 31: _Injurias et non redditas_, etc. The construction is, _et ego videor audisse regem nostrum Cluilium (præ se ferre) injurias et non redditas res ... nec dubito te ferre eadem præ te, Tulle_.]

24. It happened that there were in each of the two armies three brothers[32] born at one birth, unequal neither in age nor strength. That they were called Horatii and Curiatii is certain enough; nor is there any circumstance of antiquity more celebrated; yet in a matter so well ascertained, a doubt remains concerning their names, to which nation the Horatii and to which the Curiatii belonged. Authors claim them for both sides; yet I find more who call the Horatii Romans. My inclination leads me to follow them. The kings confer with the three brothers, that they should fight with their swords each in defence of their respective country; (assuring them) that dominion would be on that side on which victory should be. No objection is made; time and place are agreed on. Before they engaged, a compact is entered into between the Romans and Albans on these conditions, that the state whose champions should come off victorious in that combat, should rule the other state without further dispute. Different treaties are made on different terms, but they are all concluded in the same general method. We have heard that it was then concluded as follows, nor is there a more ancient record of any treaty. A herald asked king Tullus thus, "Do you command me, O king, to conclude a treaty with the pater patratus of the Alban people?" After the king had given command, he said, "I demand vervain of thee, O king." To which the king replied, "Take some that is pure." The herald brought a pure blade of grass from the citadel; again he asked the king thus, "Dost thou, O king, appoint me the royal delegate of the Roman people, the Quirites? _including_ my vessels and attendants?" The king answered, "That which may be done without detriment to me and to the Roman people, the Quirites, I do." The herald was M. Valerius, who appointed Sp. Fusius pater patratus, touching his head and hair with the vervain. The pater patratus is appointed "ad jusjurandum patrandum," that is, to ratify the treaty; and he goes through it in a great many words, which, being expressed in a long set form, it is not worth while repeating. After setting forth the conditions, he says, "Hear, O Jupiter; hear, O pater patratus of the Alban people, and ye, Alban people, hear. As those (conditions), from first to last, have been recited openly from those tablets or wax without wicked fraud, and as they have been most correctly understood here this day, from those conditions the Roman people will not be the first to swerve. If they first swerve by public concert, by wicked fraud, on that day do thou, O Jupiter, so strike the Roman people, as I shall here this day strike this swine; and do thou strike them so much the more, as thou art more able and more powerful." When he said this, he struck the swine with a flint stone. The Albans likewise went through their own form and oath by their own dictator and priests.

[Footnote 32: _Three brothers born at one birth_. Dionys. iii. 14, describes them as cousin-germans. Vid. Wachsmuth, p. 147. Niebuhr, i. p. 342.]

25. The treaty being concluded, the twin-brothers, as had been agreed, take arms. Whilst their respective friends exhortingly reminded each party "that their country's gods, their country and parents, all their countrymen both at home and in the army, had their eyes then fixed on their arms, on their hands; naturally brave, and animated by the exhortations of their friends, they advance into the midst between the two lines." The two armies sat down before their respective camps, free rather from present danger than from anxiety: for the sovereign power was at stake, depending on the valour and fortune of so few. Accordingly, therefore, eager and anxious, they have their attention intensely riveted on a spectacle far from pleasing. The signal is given: and the three youths on each side, as if in battle-array, rush to the charge with determined fury, bearing in their breasts the spirits of mighty armies: nor do the one or the other regard their personal danger; the public dominion or slavery is present to their mind, and the fortune[33] of their country, which was ever after destined to be such as they should now establish it. As soon as their arms clashed on the first encounter, and their burnished swords glittered, great horror strikes the spectators; and, hope inclining to neither side, their voice and breath were suspended. Then having engaged hand to hand, when not only the movements of their bodies, and the rapid brandishings of their arms and weapons, but wounds also and blood were seen, two of the Romans fell lifeless, one upon the other, the three Albans being wounded. And when the Alban army raised a shout of joy at their fall, hope entirely, anxiety however not yet, deserted the Roman legions, alarmed for the lot of the one, whom the three Curiatii surrounded. He happened to be unhurt, so that, though alone he was by no means a match for them all together, yet he was confident against each singly. In order therefore to separate their attack, he takes to flight, presuming that they would pursue him with such swiftness as the wounded state of his body would suffer each. He had now fled a considerable distance from the place where they had fought, when, looking behind, he perceives them pursuing him at great intervals from each other; and that one of them was not far from him. On him he turned round with great fury. And whilst the Alban army shouts out to the Curiatii to succour their brother, Horatius, victorious in having slain his antagonist, was now proceeding to a second attack. Then the Romans encourage their champion with a shout such as is usually (given) by persons cheering in consequence of unexpected success: he also hastens to put an end to the combat. Wherefore before the other, who was not far off, could come up he despatches the second Curiatius also. And now, the combat being brought to an equality of numbers, one on each side remained, but they were equal neither in hope nor in strength. The one his body untouched by a weapon, and a double victory made courageous for a third contest: the other dragging along his body exhausted from the wound, exhausted from running, and dispirited by the slaughter of his brethren before his eyes, presents himself to his victorious antagonist. Nor was that a fight. The Roman, exulting, says, "Two I have offered to the shades of my brothers: the third I will offer to the cause of this war, that the Roman may rule over the Alban." He thrusts his sword down into his throat, whilst faintly sustaining the weight of his armour: he strips him as he lies prostrate. The Romans receive Horatius with triumph and congratulation; with so much the greater joy, as success had followed so close on fear. They then turn to the burial of their friends with dispositions by no means alike; for the one side was elated with (the acquisition of) empire, the other subjected to foreign jurisdiction: their sepulchres are still extant in the place where each fell; the two Roman ones in one place nearer to Alba, the three Alban ones towards Rome; but distant in situation from each other, and just as they fought.[34]

[Footnote 33: The order is: _fortuna patriæ deinde futura ea quam ipsi f. (animo obvers.)_; the fortune of their country, the high or humble character of which for the future depended on their exertions on that occasion.]

[Footnote 34: The two Roman champions, we have seen, fell in the one place, _super alium alius_; consequently were buried together; whilst the Curiatii fell in different places, as Horatius contrived to separate them to avoid their joint attack.]

26. Before they parted from thence, when Mettus, in conformity to the treaty which had been concluded, asked what orders he had to give, Tullus orders him to keep the youth in arms, that he designed to employ them, if a war should break out with the Veientes. After this both armies returned to their homes. Horatius marched foremost, carrying before him the spoils of the three brothers: his sister, a maiden who had been betrothed to one of the Curiatii, met him before the gate Capena: and having recognized her lover's military robe, which she herself had wrought, on her brother's shoulders, she tore her hair, and with bitter wailings called by name on her deceased lover. The sister's lamentations in the midst of his own victory, and of such great public rejoicings, raised the indignation of the excited youth. Having therefore drawn his sword, he run the damsel through the body, at the same time chiding her in these words: "Go hence, with thy unseasonable love to thy spouse, forgetful of thy dead brothers, and of him who survives, forgetful of thy native country. So perish every Roman woman who shall mourn an enemy." This action seemed shocking to the fathers and to the people; but his recent services outweighed its guilt. Nevertheless he was carried before the king for judgment. The king, that he himself might not be the author of a decision so melancholy, and so disagreeable to the people, or of the punishment consequent on that decision, having summoned an assembly of the people, says, "I appoint, according to law, duumvirs to pass sentence on Horatius for [35]treason." The law was of dreadful import. [36]"Let the duumvirs pass sentence for treason. If he appeal from the duumvirs, let him contend by appeal; if they shall gain the cause,[37] cover his head; hang him by a rope from a gallows; scourge him either within the pomœrium or without the pomœrium." When the duumvirs appointed by this law, who did not consider that, according to the law, they could [38]acquit even an innocent person, had found him guilty; one of them says, "P. Horatius, I judge thee guilty of treason. Go, lictor, bind his hands." The lictor had approached him, and was fixing the rope. Then Horatius, by the advice of Tullus,[39] a favourable interpreter of the law, says, "I appeal." Accordingly the matter was contested by appeal to the people. On that trial persons were much affected, especially by P. Horatius the father declaring, that he considered his daughter deservedly slain; were it not so, that he would by his authority as a father have inflicted punishment on his son.[40] He then entreated that they would not render childless him whom but a little while ago they had beheld with a fine progeny. During these words the old man, having embraced the youth, pointing to the spoils of the Curiatii fixed up in that place which is now called Pila Horatia, "Romans," said he, "can you bear to see bound beneath a gallows amidst scourges and tortures, him whom you just now beheld marching decorated (with spoils) and exulting in victory; a sight so shocking as the eyes even of the Albans could scarcely endure. Go, lictor, bind those hands, which but a little while since, being armed, established sovereignty for the Roman people. Go, cover the head of the liberator of this city; hang him on the gallows; scourge him, either within the pomœrium, so it be only amid those javelins and spoils of the enemy; or without the pomœrium, only amid the graves of the Curiatii. For whither can you bring this youth, where his own glories must not redeem him from such ignominy of punishment?" The people could not withstand the tears of the father, or the resolution of the son, so undaunted in every danger; and acquitted him more through admiration of his bravery, than for the justice of his cause. But that so notorious a murder might be atoned for by some expiation, the father was commanded to make satisfaction for the son at the public charge. He, having offered certain expiatory sacrifices, which were ever after continued in the Horatian family, and laid a beam across the street, made his son pass under it as under a yoke, with his head covered. This remains even to this day, being constantly repaired at the expense of the public; they call it Sororium Tigillum. A tomb of square stone was erected to Horatia in the place where she was stabbed and fell.

[Footnote 35: _Perduellio_, (duellum, bellum,) high treason against the state or its sovereign; but in those times any offence deserving capital punishment was included under that of treason, _Qui Horatio perduellionem judicent_, to pass sentence on Horatius, as being manifestly guilty of murder; not to try whether he was guilty or not.]

[Footnote 36: Duumviri, etc. Niebuhr considers these to be the very words of the old formula.]

[Footnote 37: If the sentence (of the duumviri) be confirmed by the people.]

[Footnote 38: The letter of the law allowed of no justification or extenuation of the fact. It left no alternative to the judge.]

[Footnote 39: He kindly pointed out the loop-hole in the law, which left an opening for the culprit's acquittal.]

[Footnote 40: By the laws of Romulus, a father had the power of life and death over his children.]

27. Nor did the peace with Alba continue long. The dissatisfaction of the populace, because the fortune of the state had been hazarded on three soldiers, perverted the weak mind of the dictator; and because honourable measures had not turned out well, he began to conciliate their affections by perfidious means. Accordingly, as one formerly seeking peace in war, so now seeking war in peace, because he perceived that his own state possessed more courage than strength, he stirs up other nations to make war openly and by proclamation:[41] for his own people he reserves treachery under the mask of alliance. The Fidenates, a Roman colony, having gained over the Veientes as partisans in the confederacy, are instigated to declare war and take up arms under a compact of desertion on the part of the Albans. When Fidenæ had openly [42]revolted, Tullus, after summoning Mettus and his army from Alba, marches against the enemy. When he crossed the Anio, he pitches his camp at the [43]conflux of the rivers. Between that place and Fidenæ, the army of the Veientes had crossed the Tiber. These, in line of battle, occupied the right wing near the river; the Fidenates are posted on the left nearer the mountains. Tullus stations his own men opposite the Veientian foe; the Albans he opposes to the legion of the Fidenates. The Alban had not more courage than fidelity. Neither daring therefore to keep his ground, nor to desert openly, he files off slowly to the mountains. After this, when he supposed he had gone far enough, he [44]halts his entire army; and being still irresolute in mind, in order to waste time, he opens his ranks. His design was, to turn his forces to that side to which fortune should give success. At first the Romans who stood nearest were astonished, when they perceived their flanks were uncovered by the departure of their allies; then a horseman in full gallop announces to the king that the Albans were moving off. Tullus, in this perilous juncture, vowed twelve Salii, and temples to Paleness and Panic. Rebuking the horseman in a loud voice, so that the enemy might hear him, he orders him to return to the fight, "that there was no occasion for alarm; that by his order the Alban army was marching round to fall on the unprotected rear of the Fidenates." He likewise commands him to order the cavalry to raise their spears aloft; this expedient intercepted from a great part of the Roman infantry the view of the Alban army retreating. Those who saw it, believing what they had heard the king say, fought with the greater ardour. The alarm is now transferred to the enemy; they had both heard what had been pronounced so audibly, and a great part of the Fidenates, as having been joined as colonists to the Romans, understood Latin. Therefore, that they might not be intercepted from the town by a sudden descent of the Albans from the hills, they take to flight. Tullus presses forward, and having routed the wing of the Fidenates, returned with greater fury against the Veientes, disheartened by the panic of the others: nor did they sustain his charge; but the river, opposed to them behind, prevented a precipitate flight. Whither when their flight led, some, shamefully throwing down their arms, rushed blindly into the river; others, while they linger on the banks, doubting whether to fly or fight, were overpowered. Never before had the Romans a more desperate battle.

[Footnote 41: The part which he reserves for himself and the Albans is to play the traitors to Tullus in the hour of need, wearing meanwhile the mark of friendship to Rome.]

[Footnote 42: The fact is, that the subject population rose up against the Roman colonists, drove them out of the town, and asserted their independence. Nieb. i. 24. 5.]

[Footnote 43: The Tiber and the Anio.]

[Footnote 44: _Erigit_--"he makes it halt," from the French _faire alte_, or formerly _haut_, because soldiers then stand upright and hold their spears erect.]

28. Then the Alban army, that had been spectators of the fight, was marched down into the plains. Mettus congratulates Tullus on his defeat of the enemy; Tullus on his part addresses Mettus with great civility. He orders the Albans to unite their camp with the Romans, which he prayed might prove beneficial to both; and prepares a sacrifice of purification for the next day. As soon as it was light, all things being in readiness, according to custom, he commands both armies to be summoned to an assembly. The heralds,[45] beginning at the outside, summoned the Albans first. They, struck[46] too with the novelty of the thing, in order to hear the Roman king harangue, crowded next to him. The Roman legions, under arms, by concert surrounded them; a charge had been given to the centurions to execute their orders without delay. Then Tullus begins as follows: "Romans, if ever before at any other time in any war there was (an occasion) on which you should return thanks, first to the immortal gods, next to your own valour, that occasion was yesterday's battle. For the contest was not more with enemies than with the treachery and perfidy of allies, a contest which is more serious and more dangerous. For that a false opinion may not influence you, the Albans retired to the mountains without my orders, nor was that my command, but a stratagem and the pretence of a command: that so your attention might not be drawn away from the fight, you being kept in ignorance that you were deserted, and that terror and dismay might be struck into the enemy, conceiving themselves to be surrounded on the rear. Nor does that guilt, which I now state, extend to all the Albans. They followed their leader; as you too would have done, if I had wished my army to make a move to any other point from thence. Mettus there is the leader of that march, the same Mettus is the contriver of this war; Mettus is the violator of the treaty between Rome and Alba. Let another hereafter attempt the like conduct, unless I now make of him a signal example to mankind." The centurions in arms stand round Mettus, and the king proceeds with the rest as he had commenced: "It is my intention, and may it prove fortunate, auspicious, and happy to the Roman people, to myself, and to you, O Albans, to transplant all the inhabitants of Alba to Rome: to grant your people the rights of citizenship, and to admit your nobles into the rank of senators: to make one city, one republic; that as the Alban state was formerly divided from one people into two, so it may now return into one." On hearing this the Alban youth, unarmed, surrounded by armed men, however divided in their sentiments, yet restrained by the common apprehension, continue silent. Then Tullus proceeded: "If, Mettus Fuffetius, you were capable of learning fidelity, and how to observe treaties, that lesson would have been taught you by me, while still alive. Now, since your disposition is incurable, do you at least by your punishment teach mankind to consider those things sacred which have been violated by you. As therefore a little while since you kept your mind divided between the interest of Fidenæ and of Rome, so shall you now surrender your body to be torn asunder in different directions." Upon this, two chariots drawn by four horses being brought, he ties Mettus extended at full length to their carriages: then the horses were driven on in different directions, carrying off the mangled body on each carriage, where the limbs had been fastened by the cords. All turned away their eyes from so shocking a spectacle. That was the first and last instance of a punishment among the Romans regardless of the laws of humanity. In other cases we may boast that no nation whatever adopted milder forms of punishment.

[Footnote 45: _Præcones ab extremo_. At the farther part of the Roman camp, where it joined that of the Albans.]

[Footnote 46: As well as by the orders issued by Tullus.]

29. During these occurrences the cavalry had been despatched onward to Alba to remove the multitude to Rome. The legions were next led thither to demolish the city. When they entered the gates, there was not indeed that tumult nor panic, such as usually takes place with captured cities when the gates being burst open, or the walls levelled by the ram, or the citadel taken by assault, the shouts of the enemy and rush of armed men through the city throws every thing into confusion by fire and sword: but gloomy silence and speechless sorrow so absorbed the minds of all, that, through fear, forgetting what they should leave behind, what they should take with them, all concert failing them, and frequently making inquiries of each other, they now stood at their thresholds, now wandering about they strayed through their houses, doomed to see them for that the last time. But as soon as the shouts of the horsemen commanding them to depart now urged them on, the crashing of the dwellings which were being demolished, was now heard in the remotest parts of the city, and the dust, rising in distant places, had filled every quarter as with a cloud spread over them; hastily snatching up whatever each of them could, whilst they went forth leaving behind them their guardian deity and household gods, and the homes in which each had been born and brought up, a continued train of emigrants soon filled the ways, and the sight of others through mutual commiseration renewed their tears, and piteous cries too were heard, of the women more especially, when they passed by their revered temples now beset with armed men, and left their gods as it were in captivity. After the Albans had evacuated the town, the Roman soldiery level all the public and private edifices indiscriminately to the ground, and one short hour consigned to demolition and ruin the work of four hundred years, during which Alba had stood. The temples of the gods, however, for such had been the orders given by the king, were spared.

30. In the mean time Rome increases by the demolition of Alba. The number of citizens is doubled. The Cœlian mount is added to the city, and in order that it might be inhabited more populously, Tullus selects that situation for his palace and there took up his abode. The leading persons among the Albans he enrols among the patricians, that that branch of the state also might increase, the Julii, Servilii, Quinctii, Geganii, Curiatii, Clœlii; and as a consecrated place of meeting for the order augmented by him he built a senate-house, which was called Hostilia even down to the age of our fathers. And that every rank might acquire some additional strength from the new people, he formed ten troops of horsemen from among the Albans: he likewise recruited the old, and raised new legions from the same source. Confiding in this increase of strength, Tullus declares war against the Sabines, a nation at that time the most powerful, next to the Etrurians, in men and in arms. Injuries had been done on both sides, and restitution demanded in vain. Tullus complained that some Roman merchants had been seized in an open market near the temple of Feronia; the Sabines, that some of their people had taken refuge in the asylum, and were detained at Rome. These were assigned as the causes of the war. The Sabines, holding in recollection both that a portion of their strength had been fixed at Rome by Tatius, and that the Roman power had also been lately increased by the accession of the Alban people, began, on their part, to look around for foreign aid. Etruria was in their neighbourhood; of the Etrurians the Veientes were the nearest. From thence they drew some volunteers, their minds being stirred up to a revolt, chiefly in consequence of the rankling animosities from (former) wars. And pay also had its weight with some stragglers belonging to the indigent population. They were assisted by no aid from the government, and the faith of the truce stipulated with Romulus was strictly observed by the Veientes (for with respect to the others it is less surprising). While they were preparing for war with the utmost vigour, and the matter seemed to turn on this, which should first commence hostilities, Tullus first passes into the Sabine territory. A desperate battle ensued at the wood called Malitiosa,[47] in which the Roman army was far superior, both by the strength of their foot, and also by the recent augmentation of their cavalry. The Sabine ranks were thrown into disorder by a sudden charge of the cavalry, nor could either the fight be afterwards restored, or a retreat accomplished without great slaughter.

[Footnote 47: _Malitiosam_. ??? ???? ?a???µ???? ?a???????. Dio. iii.]

31. After the defeat of the Sabines, when the government of Tullus and the whole Roman state was in high renown, and in a very flourishing condition, word was brought to the king and senators, that it rained stones on the Alban Mount. As this could scarcely be credited, on persons being sent to inquire into the prodigy, a thick shower of stones fell from heaven in their sight, just as when hail collected into balls is pelted down to the earth by the winds. Besides, they imagined that they heard a loud voice from the grove on the summit of the hill, requiring the Albans to perform their religious service according to the rites of their native country, which they had consigned to oblivion, as if their gods had been abandoned together with their country; and they had either adopted the religion of Rome, or, as may happen, enraged at their evil destiny, had renounced altogether the worship of the gods. A festival of nine days was instituted publicly by the Romans also on account of the same prodigy, either in obedience to the heavenly voice sent from the Alban mount, (for that too is stated,) or by the advice of the aruspices. Certain it is, it continued a solemn observance, that whenever the same prodigy was announced, a festival for nine days was observed. Not long after, they were afflicted with a pestilence; and though from this there arose an aversion to military service, yet no respite from arms was granted by this warlike king, who considered that the bodies of the young men were even more healthy abroad than at home, until he himself also was seized with a lingering disease. Then, together with his body, those fierce spirits became so broken, that he, who formerly considered nothing less worthy of a king than to devote his mind to religion, suddenly became a slave to every form of superstition, important and trifling, and filled the people's minds also with religious scruples. The generality of persons, now wishing to recur to that state of things which had existed under king Numa, thought that the only relief left for their sickly bodies was, if peace and pardon could be obtained from the gods. They say that the king himself, turning over the commentaries of Numa, after he had found therein that certain sacrifices of a secret and solemn nature had been performed to Jupiter Elicius, shut himself up and set about the performance of this solemnity; but that that rite was not duly undertaken or conducted, and that not only no appearance of heavenly notification was presented to him, but that he was struck with lightning and burnt to ashes, together with his house, through the anger of Jupiter, exasperated at the impropriety of the ceremony. Tullus reigned two-and-thirty years with great military renown.

32. On the death of Tullus the government devolved once more upon the senate, and they nominated an interrex; and on his holding the comitia, the people elected Ancus Marcius king. The fathers confirmed the election. Ancus Marcius was the grandson of king Numa Pompilius by his daughter. As soon as he ascended the throne, reflecting on the renown of his grandfather, and that the late reign, glorious in every other respect, in one particular had not been sufficiently prosperous, the rites of religion having either been utterly neglected, or improperly performed; deeming it of the highest importance to perform the public ceremonies of religion as they had been instituted by Numa, he orders the pontiff, after he had transcribed them all from the king's commentaries on white tables, to expose them to public view. Hence, both his own subjects, desirous of peace, and the neighbouring nations, entertained a hope that the king would conform to the conduct and institutions of his grandfather. Accordingly the Latins, with whom a treaty had been concluded in the reign of Tullus, assumed new courage; and after they had made an incursion upon the Roman lands, return a contemptuous answer to the Romans on their demanding restitution, supposing that the Roman king would spend his reign in indolence among chapels and altars. The genius of Ancus was of a middle kind, partaking both of that of Numa and of Romulus; and, besides that, he thought that peace was more necessary in his grandfather's reign, considering the people were but recent as well as uncivilized, he also (considered) that he could not, without injury, preserve the tranquillity which had fallen to his lot; that his patience was tried, and being tried, was now despised; and that the times were more suited to a king Tullus than to a Numa. In order, however, that as Numa had instituted religious rites in peace, ceremonies relating to war might be transmitted by him, and that wars might not only be waged, but proclaimed also according to some rite, he borrowed from an ancient nation, the Æquicolae, the form which the heralds still preserve, according to which restitution is demanded. The ambassador, when he comes to the frontiers of the people from whom satisfaction is demanded, having his head covered with a fillet, (the fillet is of wool,) says, "Hear, O Jupiter, hear, ye confines, (naming the nation they belong to,) let Justice hear. I am a public messenger of the Roman people; I come justly and religiously deputed, and let my words gain credit." He then makes his demands; afterwards he makes a solemn appeal to Jupiter, "If I unjustly or impiously demand those persons and those goods to be given up to me, the messenger of the Roman people, then never permit me to enjoy my native country." These words he repeats when he passes over the frontiers; the same to the first man he meets; the same on entering the gate; the same on entering the forum, some few words in the form of the declaration and oath being changed. If the persons whom he demands are not delivered up, on the expiration of thirty-three days, for so many are enjoined by the rule, he declares war, thus: "Hear, Jupiter, and thou, Juno, Romulus, and all ye celestial, terrestrial, and infernal gods, give ear! I call you to witness, that this nation (naming it) is unjust, and does not act with equity; but we will consult the fathers in our own country concerning these matters, and by what means we may obtain our right." After that the messenger returns to Rome to consult: the king immediately used to consult the fathers almost in the following words: "Concerning such matters, differences, and quarrels, as the pater patratus of the Roman people, the Quirites, has conferred with the pater patratus of the ancient Latins, and with the ancient Latin people, which matters ought to be given up, performed, discharged, which matters they have neither given up, performed, nor discharged, declare," says he to him, whose opinion he first asked, "what think you?" Then he said, "I think that they should be demanded by a just and regularly declared war, therefore I consent, and vote for it." Then the others were asked in order, and when the majority of those present agreed in the same opinion, the war was resolved on. It was customary for the fecialis to carry in his hand a javelin pointed with steel, or burnt at the end and dipped in blood, to the confines of the enemy's country, and in presence of at least three grown-up persons, to say, "Forasmuch as the states of the ancient Latins, and the ancient Latin people, have offended against the Roman people, the Quirites, forasmuch as the Roman people, the Quirites, have ordered that there should be war with the ancient Latins, and the senate of the Roman people, the Quirites, have given their opinion, consented, and voted that war should be made with the ancient Latins, on this account I and the Roman people declare and make war on the states of the ancient Latins, and on the ancient Latin people." After he had said that, he threw the spear within their confines. After this manner restitution was demanded from the Latins at that time, and war proclaimed: and that usage posterity have adopted.

33. Ancus, having committed the care of sacred things to the flamines and other priests, set out with a new army, which he had levied, and took Politorium, a city of the Latins, by storm; and following the example of former kings, who had increased the Roman state by taking enemies into the number of the citizens, he transplanted all the people to Rome. And since the Sabines occupied the Capitol and citadel, and the Albans the Cœlian mount around the Palatium, the residence of the old Romans, the Aventine was assigned to the new people; not long after, on Telleni and Ficana being taken, new citizens were added in the same quarter. After this Politorium was taken a second time by force of arms, because the ancient Latins had taken possession of it when vacated. This was the cause of the Romans demolishing that city, that it might not ever after serve as a receptacle to the enemy. At last, the whole war with the Latins being concentrated in Medullia, they fought there with various fortune, sometimes the one and sometimes the other gaining the victory; for the town was both well fortified by works, and strengthened by a strong garrison, and the Latins, having pitched their camp in the open fields, had several times fought the Romans in close engagement. At last Ancus, making an effort with all his forces, obtained a complete victory over them in a pitched battle, and having got a considerable booty, returned thence to Rome; many thousands of the Latins being then also admitted into the city, to whom, in order that the Aventine might be joined to the Palatium, a settlement was assigned near the temple of Murcia. The Janiculum was likewise added, not for want of room, but lest at any time it should become a lodgment for the enemy. It was determined to join it to the city, not only by a wall, but likewise, for the sake of the convenience of passage, by a wooden bridge, then for the first time built across the Tiber. The Fossa Quiritium, no inconsiderable defence against the easy access to the city from the low grounds, is the work of king Ancus. The state being augmented by such great accessions, seeing that, amid such a multitude of persons, the distinction of right and wrong being as yet confounded, clandestine crimes were committed, a prison is built in the heart of the city, overlooking the forum, to intimidate the growing licentiousness. And not only was the city increased under this king, but the territory also and the boundaries. The Mæsian forest was taken from the Veientes, the Roman dominion was extended as far as the sea, and the city of Ostia built at the mouth of the Tiber; salt-pits were formed around it, and, in consequence of the distinguished success achieved in war, the temple of Jupiter Feretrius was enlarged.