Chapter XXIV: Book XXXIV (1)

_The Oppian law, respecting the dress of the women, after much
debate, repealed, notwithstanding it was strenuously supported
by Marcus Porcius Cato, the consul. The consul's successes in
Spain. Titus Quinctius Flamininus finishes the war with the
Lacedaemonians and the tyrant Nabis; makes peace with them,
and restores liberty to Argos. Separate seats at the public
games, for the first time, appointed for the senator. Colonies
sent forth. Marcus Porcius Cato triumphs on account of his
successes in Spain. Further successes in Spain against the
Boians and Insubrian Gauls. Titus Quinctius Flamininus,
having subdued Philip, king of Macedonia, and Nabis, the
Lacedaemonian tyrant, and restored all Greece to freedom,
triumphs for three days. Carthaginian ambassadors bring
intelligence of the hostile designs of Antiochus and
Hannibal._

1. Amid the serious concerns of important wars, either scarcely brought to a close or impending, an incident intervened, trivial indeed to be mentioned, but which, through the zeal of the parties concerned, issued in a violent contest. Marcus Fundanius and Lucius Valerius, plebeian tribunes, proposed to the people the repealing of the Oppian law. This law, which had been introduced by Caius Oppias, plebeian tribune, in the consulate of Quintus Fabius and Tiberius Sempronius, during the heat of the Punic war, enacted that "no woman should possess more than half an ounce of gold, or wear a garment of various colours, or ride in a carriage drawn by horses, in a city, or any town, or any place nearer thereto than one mile; except on occasion of some public religious solemnity." Marcus and Publius Junius Brutus, plebeian tribunes, supported the Oppian law, and declared, that they would never suffer it to be repealed; while many of the nobility stood forth to argue for and against the motion proposed. The Capitol was filled with crowds, who favoured or opposed the law; nor could the matrons be kept at home, either by advice or shame, nor even by the commands of their husbands; but beset every street and pass in the city, beseeching the men as they went down to the forum, that in the present flourishing state of the commonwealth, when the private fortune of all was daily increasing they would suffer the women to have their former ornaments of dress restored. This throng of women increased daily, for they arrived even from the country towns and villages; and they had at length the boldness to come up to the consuls, praetors, and magistrates, to urge their request. One of the consuls, however, they found especially inexorable--Marcus Porcius Cato, who, in support of the law proposed to be repealed, spoke to this effect:--

2. "If, Romans, every individual among us had made it a rule to maintain the prerogative and authority of a husband with respect to his own wife, we should have less trouble with the whole sex. But now, our privileges, overpowered at home by female contumacy, are, even here in the forum, spurned and trodden under foot; and because we are unable to withstand each separately, we now dread their collective body. I was accustomed to think it a fabulous and fictitious tale, that, in a certain island, the whole race of males was utterly extirpated by a conspiracy of the women. But the utmost danger may be apprehended equally from either sex, if you suffer cabals, assemblies, and secret consultations to be held: scarcely, indeed, can I determine, in my own mind, whether the act itself, or the precedent that it affords, is of more pernicious tendency. The latter of these more particularly concerns us consuls, and the other magistrates: the former, yourselves, my fellow-citizens. For, whether the measure proposed to your consideration be profitable to the state or not, is to be determined by you, who are about to go to the vote. As to the outrageous behaviour of these women, whether it be merely an act of their own, or owing to your instigations, Marcus Fundanius and Lucius Valerius, it unquestionably implies culpable conduct in magistrates. I know not whether it reflects greater disgrace on you, tribunes, or on the consuls: on you certainly, if you have, on the present occasion, brought these women hither for the purpose of raising tribunitian seditions; on us, if we suffer laws to be imposed on us by a secession of women, as was done formerly by that of the common people. It was not without painful emotions of shame, that I, just now, made my way into the forum through the midst of a band of women. Had I not been restrained by respect for the modesty and dignity of some individuals among them, rather than of the whole number, and been unwilling that they should be seen rebuked by a consul, I should have said to them, 'What sort of practice is this, of running out into public, besetting the streets, and addressing other women's husbands? Could not each have made the same request to her husband at home? Are your blandishments more seducing in public than in private; and with other women's husbands, than with your own? Although if the modesty of matrons confined them within the limits of their own rights, it did not become you, even at home, to concern yourselves about what laws might be passed or repealed here.' Our ancestors thought it not proper that women should perform any, even private business, without a director; but that they should be ever under the control of parents, brothers, or husbands. We, it seems, suffer them, now, to interfere in the management of state affairs, and to introduce themselves into the forum, into general assemblies, and into assemblies of election. For, what are they doing, at this moment, in your streets and lanes? What, but arguing, some in support of the motion of the plebeian tribunes; others, for the repeal of the law? Will you give the reins to their intractable nature, and their uncontrolled passions, and then expect that themselves should set bounds to their licentiousness, when you have failed to do so? This is the smallest of the injunctions laid on them by usage or the laws, all which women bear with impatience: they long for liberty; or rather, to speak the truth, for unbounded freedom in every particular. For what will they not attempt, if they now come off victorious?

3. "Recollect all the institutions respecting the sex, by which our forefathers restrained their undue freedom, and by which they subjected them to their husbands; and yet, even with the help of all these restrictions, you can scarcely keep them within bounds. If, then, you suffer them to throw these off one by one, to tear them all asunder, and, at last, to be set on an equal footing with yourselves, can you imagine that they will be any longer tolerable by you? The moment they have arrived at an equality with you, they will have become your superiors. But, forsooth, they only object to any new law being made against them: they mean to deprecate, not justice, but severity. Nay, their wish is, that a law which you have admitted, established by your suffrages, and confirmed by the practice and experience of so many years to be beneficial, should now be repealed; that is, that, by abolishing one law, you should weaken all the rest. No law perfectly suits the convenience of every member of the community: the only consideration is, whether, upon the whole, it be profitable to the greater part. If because a law proves obnoxious to a private individual, that circumstance should destroy and sweep it away, to what purpose is it for the community to enact general laws, which those, with reference to whom they were passed, could presently repeal? I should like, however, to hear what this important affair is which has induced the matrons thus to run out into public in this excited manner, scarcely restraining from pushing into the forum and the assembly of the people. Is it to solicit that their parents, their husbands, children, and brothers may be ransomed from captivity under Hannibal? By no means: and far be ever from the commonwealth so unfortunate a situation. Yet, even when such was the case, you refused this to their prayers. But it is not duty, nor solicitude for their friends; it is religion that has collected them together. They are about to receive the Idaean Mother, coming out of Phrygia from Pessinus! What motive, that even common decency will allow to be mentioned, is pretended for this female insurrection? Why, say they, that we may shine in gold and purple; that, both on festal and common days, we may ride through the city in our chariots, triumphing over vanquished and abrogated law, after having captured and wrested from you your suffrages; and that there may be no bounds to our expenses and our luxury.

4. "Often have you heard me complain of the profuse expenses of the women--often of those of the men; and that not only of men in private stations, but of the magistrates: and that the state was endangered by two opposite vices, luxury and avarice; those pests, which have been the ruin of all great empires. These I dread the more, as the circumstances of the commonwealth grow daily more prosperous and happy; as the empire increases; as we have now passed over into Greece and Asia, places abounding with every kind of temptation that can inflame the passions; and as we have begun to handle even royal treasures: so much the more do I fear that these matters will bring us into captivity, rather than we them. Believe me, those statues from Syracuse were brought into this city with hostile effect. I already hear too many commending and admiring the decorations of Athens and Corinth, and ridiculing the earthen images of our Roman gods that stand on the fronts of their temples. For my part I prefer these gods,--propitious as they are, and I hope will continue to be, if we allow them to remain in their own mansions. In the memory of our fathers, Pyrrhus, by his ambassador Cineas, made trial of the dispositions, not only of our men, but of our women also, by offers of presents: at that time the Oppian law, for restraining female luxury, had not been made; and yet not one woman accepted a present. What, think you, was the reason? That for which our ancestors made no provision by law on this subject: there was no luxury existing which needed to be restrained. As diseases must necessarily be known before their remedies, so passions come into being before the laws which prescribe limits to them. What called forth the Licinian law, restricting estates to five hundred acres, but the unbounded desire for enlarging estates? What the Cincian law, concerning gifts and presents, but that the plebeians[1] had become vassals and tributaries to the senate? It is not therefore in any degree surprising, that no want of the Oppian law, or of any other, to limit the expenses of the women, was felt at that time, when they refused to receive gold and purple that was thrown in their way, and offered to their acceptance. If Cineas were now to go round the city with his presents, he would find numbers of women standing in the public streets to receive them. There are some passions, the causes or motives of which I can no way account for. For that that should not be lawful for you which is permitted to another, may perhaps naturally excite some degree of shame or indignation; yet, when the dress of all is alike, why should any one of you fear, lest she should not be an object of observation? Of all kinds of shame, the worst, surely, is the being ashamed of frugality or of poverty; but the law relieves you with regard to both; since that which you have not it is unlawful for you to possess. This equalization, says the rich matron, is the very thing that I cannot endure. Why do not I make a figure, distinguished with gold and purple? Why is the poverty of others concealed under this cover of a law, so that it should be thought that, if the law permitted, they would have such things as they are not now able to procure? Romans, do you wish to excite among your wives an emulation of this sort, that the rich should wish to have what no other can have; and that the poor, lest they should be despised as such should extend their expenses beyond their means? Be assured, that when a woman once begins to be ashamed of what she ought not to be ashamed of, she will not be ashamed of what she ought. She who can, will purchase out of her own purse; she who cannot, will ask her husband. Unhappy is the husband, both he who complies with the request, and he who does not; for what he will not give himself, he will see given by another. Now, they openly solicit favours from other women's husbands; and, what is more, solicit a law and votes. From some they obtain them; although, with regard to yourself, your property, or your children, they would be inexorable. So soon as the law shall cease to limit the expenses of your wife, you yourself will never be able to do so. Do not suppose that the matter will hereafter be in the same state in which it was before the law was made on the subject. It is safer that a wicked man should even never be accused, than that he should be acquitted; and luxury, if it had never been meddled with, would be more tolerable than it will be, now, like a wild beast, irritated by having been chained, and then let loose. My opinion is, that the Oppian law ought, on no account, to be repealed. Whatever determination you may come to, I pray all the gods to prosper it."

[Footnote 1: Previous to the passing of the Cincian law, about ten years before this time, the advocates who pleaded in the courts received fees and presents: and as all or most of these were senators, the plebeians are here represented as tributary to the senate. By the above law they were forbidden to receive either fees or presents.]

5. After him the plebeian tribunes, who had declared their intention of protesting, added a few words to the same purport. Then Lucius Valerius spoke thus in support of the measure which he himself had introduced:--"If private persons only had stood forth to argue for and against the proposition which we have submitted to your consideration, I for my part, thinking enough to have been said on both sides, would have waited in silence for your determination. But since a person of most respectable judgment, the consul, Marcus Porcius, has reprobated our motion, not only by the influence of his opinion, which, had he said nothing, would carry very great weight, but also in a long and careful discourse, it becomes necessary to say a few words in answer. He has spent more words in rebuking the matrons, than in arguing against the measure proposed; and even went so far as to mention a doubt, whether the matrons had committed the conduct which he censured in them spontaneously or at our instigation. I shall defend the measure, not ourselves: for the consul threw out those insinuations against us, rather for argument's sake than as a serious charge. He has made use of the terms cabal and sedition; and, sometimes, secession of the women: because the matrons had requested of you, in the public streets, that, in this time of peace, when the commonwealth is flourishing and happy, you would repeal a law that was made against them during a war, and in times of distress. I know that these and other similar strong expressions, for the purpose of exaggeration, are easily found; and, mild as Marcus Cato is in his disposition, yet in his speeches he is not only vehement, but sometimes even austere. What new thing, let me ask, have the matrons done in coming out into public in a body on an occasion which nearly concerns themselves? Have they never before appeared in public? I will turn over your own Antiquities,[1] and quote them against you. Hear, now how often they have done the same, and always to the advantage of the public. In the earliest period of our history, even in the reign of Romulus, when the Capitol had been taken by the Sabines, and a pitched battle was fought in the forum, was not the fight stopped by the interposition of the matrons between the two armies? When, after the expulsion of the kings, the legions of the Volscians, under the command of Marcius Coriolanus, were encamped at the fifth stone, did not the matrons turn away that army, which would have overwhelmed this city? Again, when Rome was taken by the Gauls, whence was the city ransomed? Did not the matrons, by unanimous agreement, bring their gold into the public treasury? In the late war, not to go back to remote antiquity, when there was a want of money, did not the funds of the widows supply the treasury? And when even new gods were invited hither to the relief of our distressed affairs, did not the matrons go out in a body to the sea-shore to receive the Idaean Mother? The cases, you will say, are dissimilar. It is not my purpose to produce similar instances; it is sufficient that I clear these women of having done any thing new. Now, what nobody wondered at their doing in cases which concerned all in common, both men and women, can we wonder at their doing in a case peculiarly affecting themselves? But what have they done? We have proud ears, truly, if, though masters disdain not the prayers of slaves, we are offended at being asked a favour by honourable women.

[Footnote 1: Alluding to a treatise by Cato, upon the antiquities of Italy, entitled "Origines," which is the word used here by Valerius.]

6. "I come now to the question in debate, with respect to which the consul's argument is twofold: for, first, he is displeased at the thought of any law whatever being repealed; and then, particularly, of that law which was made to restrain female luxury. His former argument, in support of the laws in general, appeared highly becoming of a consul; and that on the latter, against luxury, was quite conformable to the rigid strictness of his morals. There is, therefore, a danger lest, unless I shall show what, on each subject, was inconclusive, you may probably be led away by error. For while I acknowledge, that of those laws which are instituted, not for any particular time, but for eternity, on account of their perpetual utility, not one ought to be repealed; unless either experience evince it to be useless, or some state of the public affairs render it so; I see, at the same time, that those laws which particular seasons have required, are mortal, (if I may use the term,) and changeable with the times. Those made in peace are generally repealed by war; those made in war, by peace; as in the management of a ship, some implements are useful in good weather, others in bad. As these two kinds are thus distinct in their nature, of which kind does that law appear to be which we now propose to repeal? Is it an ancient law of the kings, coeval with the city itself? Or, what is next to that, was it written in the twelve tables by the decemvirs, appointed to form a code of laws? Is it one, without which our ancestors thought that the honour of the female sex could not be preserved? and, therefore, have we also reason to fear, that, together with it, we should repeal the modesty and chastity of our females? Now, is there a man among you who does not know that this is a new law, passed not more than twenty years ago, in the consulate of Quintus Fabius and Tiberius Sempronius? And as, without it, our matrons sustained, for such a number of years, the most virtuous characters, what danger is there of their abandoning themselves to luxury on its being repealed? For, if that law had been passed for the purpose of setting a limit to the passions of the sex, there would be reason to fear lest the repeal of it might operate as an incitement to them. But the real reason of its being passed, the time itself will show Hannibal was then in Italy, victorious at Cannae: he already held possession of Tarentum, of Arpi, of Capua, and seemed ready to bring up his army to the city of Rome. Our allies had deserted us. We had neither soldiers to fill up the legions, nor seamen to man the fleet, nor money in the treasury. Slaves, who were to be employed as soldiers, were purchased on condition of their price being paid to the owners at the end of the war. The farmers of the revenues had declared, that they would contract to supply corn and other matters, which the exigencies of the war required, to be paid for at the same time. We gave up our slaves to the oar, in numbers proportioned to our properties, and paid them out of our own incomes. All our gold and silver, in imitation of the example given by the senators, we dedicated to the use of the public. Widows and minors lodged their money in the treasury. It was provided by law that we should not keep in our houses more than a certain quantity of wrought gold or silver, or more than a certain sum of coined silver or brass. At such a time as this, were the matrons so eagerly engaged in luxury and dress, that the Oppian law was requisite to repress such practices; when the senate, because the sacrifice of Ceres had been omitted, in consequence of all the matrons being in mourning, ordered the mourning to end in thirty days? Who does not clearly see, that the poverty and distress of the state, requiring that every private person's money should be converted to the use of the public, enacted that law, with intent that it should remain in force so long only as the cause of enacting the law should remain? For if all the decrees of the senate and orders of the people, which were then made to answer the necessities of the times, are to be of perpetual obligation, why do we refund their money to private persons? Why do we contract for public works for ready money? Why are not slaves brought to serve in the army? Why do not we, private subjects, supply rowers as we did then?

7. "Shall, then, every other class of people, every individual, feel the improvement in the condition of the state; and shall our wives alone reap none of the fruits of the public peace and tranquillity? Shall we men have the use of purple, wearing the purple-bordered gown in magistracies and priests' offices? Shall our children wear gowns bordered with purple? Shall we allow the privilege of wearing the toga praetexta to the magistrates of the colonies and borough towns, and to the very lowest of them here at Rome, the superintendents of the streets; and not only of wearing such an ornament of distinction while alive, but of being buried with it when dead; and shall we interdict the use of purple to women alone? And when you, the husband, may wear purple in your great coat, will you not suffer your wife to have a purple mantle? Shall your horse be more splendidly caparisoned than your wife is clothed? But with respect to purple, which will be worn out and consumed, I can see an unjust, indeed, but still a sort of reason, for parsimony; but with respect to gold, in which, excepting the price of the workmanship, there is no waste, what objection can there be? It rather serves as a reserve fund for both public and private exigencies, as you have already experienced. He says there will be no emulation between individuals, when no one is possessed of it. But, in truth, it will be a source of grief and indignation to all, when they see those ornaments allowed to the wives of the Latin confederates of which they themselves have been deprived; when they see those riding through the city in their carriages, and decorated with gold and purple, while they are obliged to follow on foot, as if the seat of empire were in the country of the others, not in their own. This would hurt the feelings even of men, and what do you think must be its effect on those of weak women, whom even trifles can disturb? Neither offices of state, nor of the priesthood, nor triumphs, nor badges of distinction, nor military presents, nor spoils, can fall to their share. Elegance of appearance, and ornaments, and dress, these are the women's badges of distinction; in these they delight and glory; these our ancestors called the women's world. What else do they lay aside when in mourning, except their gold and purple? And what else do they resume when the mourning is over? How do they distinguish themselves on occasion of public thanksgivings and supplications, but by adding unusual splendour of dress? But then, (it may be said,) if you repeal the Oppian law, should you choose to prohibit any of those particulars which the law at present prohibits, you will not have it in your power; your daughters, wives, and even the sisters of some, will be less under control. The bondage of women is never shaken off without the loss of their friends; and they themselves look with horror on that freedom which is purchased with the condition of the widow or the orphan. Their wish is, that their dress should be under your regulation, not under that of the law; and it ought to be your wish to hold them in control and guardianship, not in bondage; and to prefer the title of father or husband to that of master. The consul just now made use of some invidious terms, calling it a female sedition and secession; because, I suppose, there is danger of their seizing the sacred mount, as formerly the angry plebeians did; or the Aventine. Their feeble nature must submit to whatever you think proper to enjoin; and, the greater power you possess, the more moderate ought you to be in the exercise of your authority."

8. Although all these considerations had been urged against the motion and in its favour, the women next day poured out into public in much greater numbers, and in a body beset the doors of the tribunes who had protested against the measure of their colleagues; nor did they retire until this intervention was withdrawn. There was then no further doubt but that every one of the tribes would vote for the repeal of the law. Thus was this law annulled, in the twentieth year after it had been made. The consul Marcus Porcius, as soon as the Oppian law was abolished, sailed immediately, with twenty-five ships of war, of which five belonged to the allies, to the port of Luna, where he ordered the troops to assemble; and having sent an edict along the sea-coast, to collect ships of every description, at his departure from Luna he left orders that they should follow him to the harbour of Pyrenaeus, as he intended to proceed thence against the enemy with his collective fleet. They accordingly, after sailing by the Ligurian mountains and the Gallic bay, congregated together on the day appointed. From thence they went to Rhoda, and forcibly dislodged a garrison of Spaniards that were in that fortress. From Rhoda they proceeded with a favourable wind to Emporiae, and there landed all the forces, excepting the crews of the ships.

9. At that time, as at present, Emporiae consisted of two towns, separated by a wall. One was inhabited by Greeks from Phocaea, whence the Massilians also derive their origin; the other by Spaniards. The Greek town, being open towards the sea, had but a small extent of wall, not above four hundred paces in circuit; but the Spanish town, being farther back from the sea, had a wall three thousand paces in circumference. A third kind of inhabitants was added by the deified Caesar settling a Roman colony there, after the final defeat of the sons of Pompey. At present they are all incorporated in one mass; the Spaniards first, and, at length, the Greeks; having been adopted into the Roman citizenship. Whoever had, at that period, observed the Greeks exposed on one side to the open sea, and on the other to the Spaniards, a fierce and warlike race, would have wondered by what cause they were preserved. Deficient in strength, they guarded against danger by regular discipline; of which, among even more powerful people, the best preservative is fear. That part of the wall which faced the country, they kept strongly fortified, having but one gate, at which some one of the magistrates was continually on guard. During the night, a third part of the citizens kept watch on the walls, posting their watches, and going their rounds, not merely from the force of custom, or in compliance with the law, but with as much vigilance as if an enemy were at their gates. They never admitted any Spaniard into the city, nor did they go outside the walls without precaution. The passage to the sea was open to every one: but, through the gate, next to the Spanish town, none ever passed, but in a large body; these were generally the third division, which had watched on the walls the preceding night. The cause of their going out was this: the Spaniards, ignorant of maritime affairs, were fond of trafficking with them, and glad of an opportunity of purchasing, for their own use, the foreign goods, which the others imported in their ships; and, at the same time, of finding a market for the produce of their lands. The desire of this mutual intercourse caused the Spanish town to be freely open to the Greeks. They were thus the more protected as being sheltered under the friendship of the Romans, which they cultivated with as much cordial zeal, though not possessed of equal resources, as the Massilians. On this account they received the consul, and his army, with kindness and cordiality. Cato staid there a few days, until he could learn what force the enemy had, and where they lay; and, not to be idle during even that short delay, he spent the whole time in exercising his men. It happened to be the season of the year when the Spaniards had the corn in their barns. He therefore ordered the purveyors not to purchase any corn, and sent them home to Rome, saying, that the war would maintain itself. Then, setting out from Emporiae, he laid waste the lands of the enemy with fire and sword, spreading terror and flight through the whole country.

10. At the same time, as Marcus Helvius was going home from Farther Spain, with an escort of six thousand men, given him by the praetor, Appius Claudius, the Celtiberians, with a very numerous force, met him near the city of Illiturgi. Valerius says, that they had twenty thousand effective men; that twelve thousand of them were killed, the town of Illiturgi taken, and all the adult males put to the sword. Helvius, soon after, arrived at the camp of Cato; and as the region was now free from enemies, he sent back the escort to Farther Spain, and proceeded to Rome, where, on account of his successful services, he entered the city with an ovation. He carried into the treasury, of silver bullion, fourteen thousand pounds' weight; of coined, seventeen thousand and twenty-three denarii;[1] and Oscan[2] denarii, one hundred and twenty thousand four hundred and thirty-eight.[3] The reason for which the senate refused him a triumph was, because he fought under the auspices, and in the province, of another. He had returned, moreover, two years after the expiration of his office, because after he had resigned the government of the province to Quintus Minucius, he was detained there during the succeeding year, by a severe and tedious sickness he therefore entered the city in ovation, only two months before his successor, Quintus Minucius, enjoyed a triumph. The latter also brought into the treasury thirty-four thousand eight hundred pounds' weight of silver, seventy-eight thousand denarii,[4] and of Oscan denarii two hundred and seventy-eight thousand.[5]

[Footnote 1: 549l. 14s.]

[Footnote 2: Osca, now Huesca, was a city in Spain, remarkable for silver mine near it.]

[Footnote 3: 659l. 11s. 9-1/2d.]

[Footnote 4: 2430l. 11s. 3d.]

[Footnote 5: 8889l. 6s. 9d.]

11. Meanwhile, in Spain, the consul lay encamped at a small distance from Emporiae. Thither came three ambassadors from Bilistages, chieftain of the Ilergetians, one of whom was his son, representing, that "their fortresses were besieged and that they had no hopes of being able to hold out, unless the Roman troops came to their assistance. Three thousand men," they said, "would be sufficient;" and they added, that, "if such a force came to their aid, the enemy would not keep their ground." To this the consul answered, that "he was truly concerned for their danger and their fears; but that he had by no means so great an amount of forces, as that, while there lay in his neighbourhood such a powerful force of the enemy, with whom he daily expected a general engagement, he could safely diminish his strength by dividing his troops." The ambassadors, on hearing this, threw themselves at the consul's feet, and with tears conjured him "not to forsake them at such a perilous juncture. For, if rejected by the Romans, to whom could they apply? They had no other allies, no other hope on earth. They might have escaped the present hazard, if they had consented to forfeit their faith, and to conspire with the rest; but no menaces, no appearances of danger, had been able to shake their constancy, because they hoped to find in the Romans abundant succour and support. If there was no further prospect of this, if it was refused them by the consul, they called gods and men to witness, that reluctantly and under compulsion they must change sides, to avoid such sufferings as the Saguntines had undergone; and that they would perish together with the other states of Spain, rather than alone."

12. They were thus dismissed on that day without any positive answer. During the following night, the consul's thoughts were greatly perplexed and divided. He was unwilling to abandon these allies, yet equally so to diminish his army, which might either oblige him to decline a battle, or occasion danger in an engagement. He was firmly resolved, however, not to lessen his forces, lest he should in the mean time suffer some disgrace from the enemy; and therefore he judged it expedient, instead of real succour, to hold out hopes to the allies. For he considered that, in many cases, but especially in war, mere appearances have had all the effect of realities; and that a person, under a firm persuasion that he can command resources, virtually has them; that by that very confidence he was insured in his hopes and efforts. Next day he told the ambassadors, that "although he was afraid to lend a part of his forces to others, and so to weaken his own, yet that he was giving more attention to their circumstances and danger than to his own." He then gave orders to the third part of the soldiers of every cohort, to make haste and prepare victuals, which they were to carry with them on board ships, and that the vessels should be got in readiness against the third day. He desired two of the ambassadors to carry an account of these proceedings to Bilistages and the Ilergetians; but, by kind treatment and presents, he prevailed on the chieftain's son to remain with him. The ambassadors did not leave the place until they saw the troops embarked on board the ships; then reporting this at home as a matter of certainty, they spread, not only among their own people, but likewise among the enemy, a confident assurance of the approach of Roman succours.

13. The consul, when a specious appearance had been sufficiently exhibited, ordered the soldiers to be recalled from the ships; and, as the season of the year now approached when it would be proper to enter on action, he pitched a winter camp at the distance of three miles from Emporiae. From this post he frequently led out his troops to ravage the enemy's country; sometimes to one quarter, sometimes to another, as opportunity offered, leaving only a small guard in the camp. They generally began their march in the night, that they might proceed as far as possible from the camp, and surprise the enemy unawares; and this practice disciplined the new-raised soldiers, and great numbers of the enemy were cut off; so that they no longer dared to venture beyond the walls of their forts. When he had made himself thoroughly acquainted with the temper of the enemy, and of his own men, he ordered the tribunes and the praefects, with all the horsemen and centurions, to be called together, and addressed them thus: "The time is arrived, which you have often wished for, when you might have an opportunity of displaying your valour. Hitherto you have waged war rather as marauders than as regular troops; you shall now meet your enemies hand to hand, in regular fight. Henceforward you will have it in your power, instead of pillaging country places, to exhaust the treasures of cities. Our fathers, at a time when the Carthaginians had in Spain both commanders and armies, and had themselves neither commander nor soldiers there, nevertheless insisted on its being an article of treaty, that the river Iberus should be the boundary of their empire. Now, when two praetors of the Romans, when a consul, and three armies are employed in Spain, and, for near ten years past, no Carthaginian has been in either of its provinces, yet we have lost that empire on the hither side of the Iberus. This it is your duty to recover by your valour and arms; and to compel this nation, which is in a state rather of giddy insurrection than of steady warfare, to receive again the yoke which it has shaken off." After thus generally exhorting them, he gave notice, that he intended to march by night to the enemy's camp; and then dismissed them to take refreshment.

14. At midnight, after having given his attention to the auspices, he began his march, that he might take possession of such ground as he chose, before the enemy should observe him. Having led his troops beyond their camp, he formed them in order of battle, and at the first light sent three cohorts close to their very ramparts. The barbarians, surprised at the Romans appearing on their rear, ran hastily to arms. In the mean time, the consul observed to his men, "Soldiers, you have no room for hope, but in your own courage; and I have, purposely, taken care that it should be so. The enemy are between us and our camp; behind us is an enemy's country. What is most honourable, is likewise safest; namely, to place all our hopes in our own valour." He then ordered the cohorts to retreat, in order to draw out the barbarians by the appearance of flight. Every thing happened as he had expected. The enemy, thinking that the Romans retired through fear, rushed out of the gate, and filled the whole space between their own camp and the line of their adversaries. While they were hastily marshalling their troops, the consul, who had all his in readiness, and in regular array, attacked them when in disorder. He caused the cavalry from both wings to advance first to the charge: but those on the right were immediately repulsed, and, retiring in disorder, spread confusion among the infantry also. On seeing this, the consul ordered two chosen cohorts to march round the right flank of the enemy, and show themselves on their rear, before the two lines of infantry could close. The alarm which this gave the enemy, which had been thrown to a disadvantage by the cowardice of the Roman horse, restored the fight to an equality. But such a panic had taken possession of both the cavalry and infantry of the right wing, that the consul laid hold of several with his own hand, and turned them about with their faces to the enemy. As long as the fight was carried on with missile weapons, success was doubtful; and on the right wing, where the disorder and flight had first began, the Romans with difficulty kept their ground. On their left wing, the barbarians were both hard pressed in in front; and looked back, with timidity, at the cohorts that threatened their rear. But when, after discharging their iron darts and large javelins, they drew their swords, the battle, in a manner, began anew. They were no longer wounded by random blows from a distance, but, closing foot to foot, placed all their hope in courage and strength.

15. When the consul's men were now spent with fatigue, he reanimated their courage by bringing up into the fight some subsidiary cohorts from the second line. These formed a new front, and being fresh themselves, and with fresh weapons attacking the wearied enemy in the form of a wedge, by a furious onset they first forced their way through them; and then, when they were once broken, scattered them and put them to flight. They returned towards their camp across the fields with all the speed they could make. When Cato saw the rout become general, he rode back to the second legion, which had been posted in reserve, and ordered the standards to be borne before it, and that it should advance in quick motion, and attack the camp of the enemy. If any of them, through too much eagerness, pushed forward beyond his rank, he himself rode up and struck them with his javelin, and also ordered the tribunes and centurions to chastise them. By this time the camp of the enemy was attacked, though the Romans were kept off from the works by stones, poles, and weapons of every sort. But, on the arrival of the fresh legion, the assailants assumed new courage, and the enemy fought with redoubled fury in defence of their rampart. The consul attentively examined every place himself, that he might break in at that quarter where he saw the weakest resistance. At a gate on the left, he observed that the guard was thin, and thither he led the first-rank men and spearmen of the second legion. The party posted at the gate were not able to withstand their assault; while the rest, seeing the enemy within the rampart, abandoned the defence of the camp, and threw away their standards and arms. Great numbers were killed at the gates, being stopped in the narrow passages by the throng of their own men; and the soldiers of the second legion cut off the hindmost, while the rest were plundering the camp. According to the account of Valerius Antias, there were above forty thousand of the enemy killed on that day. Cato himself, who was certainly no disparager of his own merits, says that a great many were killed, but he specifies no number.

16. The conduct of Cato on that day is judged deserving of commendation in three particulars. First, in leading round his army so far from his camp and fleet, as to fight the battle in the very middle of the enemy, that his men might look for no safety but in their courage. Secondly, in throwing the cohorts on the enemy's rear. Thirdly, in ordering the second legion, when all the rest were disordered by the eagerness of their pursuit, to advance at a full pace to the gate of the camp, in compact and regular order under their standards. He delayed not to improve his victory; but having sounded a retreat, and brought back his men laden with spoil, he allowed them a few hours of the night for rest; and then led them out to ravage the country. They spread their depredations the wider, as the enemy were dispersed in their flight; and this circumstance, no less than the defeat of the preceding day, obliged the Spaniards of Emporiae, and those of their neighbourhood, to make a submission. Many also, belonging to other states, who had made their escape to Emporiae, surrendered; all of whom the consul received with kindness, and after refreshing them with victuals and wine, dismissed to their several homes. He quickly decamped thence, and wherever the army proceeded on its march, he was met by ambassadors, surrendering their respective states; so that, by the time when he arrived at Tarraco, all Spain on this side of the Ebro was in a state of perfect subjection; and the Roman prisoners, and those of their allies and the Latin confederates, who by various chances had fallen into the hands of the enemies in Spain, were brought back by the barbarians, as an offering to the consul. A rumour afterwards spread abroad, that Cato intended to lead his army into Turditania; and it was given out, with equal falsehood, that he meant to proceed to the remote inhabitants of the mountains. On this groundless, unauthenticated report, seven forts of the Bergistans revolted; but the Roman, marching thither, reduced them to subjection without any battle worthy of narration. Not very long after, when the consul returned to Tarraco, and before he removed to any other place, the same persons revolted again. They were again subdued; but, on this second reduction, met not the same mild treatment; they were all sold by auction, that they might not any oftener disturb the peace.

17. In the mean time, the praetor, Publius Manlius, having received the army from Quintius Minucius, whom he had succeeded, and joined to it the old army of Appius Claudius Nero, from Farther Spain, marched into Turditania. Of all the Spaniards, the Turditanians are reckoned the least warlike; nevertheless, relying on their great numbers, they went to oppose the march of the Romans. The cavalry, having been sent forward, at once broke their line; and with the infantry there was hardly any conflict. The veteran soldiers, well acquainted with the enemy and their manner of fighting, effectually decided the battle. This engagement, however, did not terminate the war. The Turdulans hired ten thousand Celtiberians, and prepared to carry on the war with foreign troops. The consul, meanwhile, alarmed at the rebellion of the Bergistans, and suspecting that the other states would act in like manner when occasion offered, took away their arms from all the Spaniards on this side of the Iberus; which proceeding affected them so deeply, that many laid violent hands on themselves; this fierce race considering that, without arms, life was of no value. When this was reported to the consul, he summoned before him the senators of every one of the states, to whom he spoke thus: "It is not more our interest than it is your own, that you should not rebel; since your insurrections have, hitherto, always drawn more mi fortune on the Spaniards than labour on the Roman armies. To prevent such things happening in future, I know but one method, which is, to put it out of your power to rebel. I wish to effect this in the gentlest way, and that you would assist me therein with your advice. I will follow none with greater pleasure than what yourselves shall offer." They all remaining silent, he told them that he would give them a few days' time to consider the matter. When, on being called together, even in the second meeting, they uttered not a word, in one day he razed the walls of all their fortresses; and marching against those who had not yet submitted, he received in every country, as he passed through, the submission of all the neighbouring states. Segestica alone, an important and opulent city, he reduced by works and engines.

18. Cato had greater difficulties to surmount, in subduing the enemy, than had those commanders who came first into Spain; for this reason, that the Spaniards, through disgust at the Carthaginian government, came over to their side; whereas he had the task of enforcing their submission to slavery, in a manner, after they had been in full enjoyment of liberty. Besides, he found the whole province in a state of commotion; insomuch, that some were in arms, and others were compelled to join in the revolt by being besieged, nor would they have been able to hold out any longer if they had not received timely succour. But so vigorous was the spirit and capacity of the consul, that there was no kind of business, whether great or small, which he did not himself attend to and perform; and he not only planned and ordered, but generally executed in person such measures as were expedient; nor did he practise a more strict and rigorous discipline over any one than over himself. In spare diet, watching, and labour, he vied with the meanest of his soldiers; nor, excepting the honour of his post, and the command, had he any peculiar distinction above the rest of the army.

19. The Celtiberians, summoned forth by the enemy for hire, as above mentioned, rendered the war in Turditania more difficult to the praetor, Publius Manlius. The consul, therefore, in compliance with a letter from the praetor, led his legions thither. The Celtiberians and Turditanians were lying in separate camps at the approach of the Romans, who began immediately to skirmish with the Turditanians, making attacks on their advanced guards; and they constantly came off victorious from every engagement, however rashly undertaken. The consul ordered some military tribunes to enter into a conference with the Celtiberians, and to offer them their choice of three proposals: first, to come over, if they wished it, to the Romans, and receive double the pay for which they had agreed with the Turditanians: the second, to depart to their own homes, on receiving assurance, under the sanction of the public faith, that it should not operate to their injury that they had joined the enemies of the Romans: the third was, that, if they were absolutely determined on war, they should appoint a day and place to decide the matter with him by arms. The Celtiberians desired a day's time for consideration; and an assembly was held, but in great confusion, from the Turditanians mingling in it, so that no resolution could be come to. Although it was uncertain whether there was to be war or peace with the Celtiberians, the Romans, nevertheless, just as though the latter were determined on, brought provisions from the lands and forts of the enemy, and soon ventured to go within their fortifications, relying on private truces, as they would on a common intercourse established by authority. When the consul found that he could not entice the enemy to a battle, he first led out a number of cohorts, lightly accoutred, in regular order, to ravage a part of the country which was yet unhurt; then hearing that all the baggage of the Celtiberians was deposited at Saguntia, he proceeded thither to attack that town, but was unable, notwithstanding, to provoke them to stir. Paying, therefore, his own troops and those of Minucius, he left the bulk of his army in the praetor's camp, and, with seven cohorts, returned to the Iberus.