7
In the three hundred and tenth year after the city of Rome was built, for the first time military tribunes in the room of consuls enter into office, Aulus Sempronius Atratinus, Lucius Atilius, Titus Clælius; in whose office the concord prevailing at home afforded peace also abroad. There are some who, without mentioning the proposal of the law concerning the election of consuls from among the commons, say that three military tribunes were elected on account of the Veientian war being added to the war of the Æquans and the Volscians and to the revolt of the Ardeates, because two consuls could not execute so many wars together, these tribunes being invested also with the authority and insignia of consuls. The jurisdiction of that office however did not stand on a firm footing, because the third monthafter they entered on the office, they resigned the honour, in pursuance of a decree of the augurs, as if unduly elected; because Caius Curtius, who had presided at the election, had not selected his tent with due regard to ceremony. Ambassadors came to Rome from Ardea complaining of the injustice in such a manner, that it appeared that, if it were redressed, they would continue in amity and the observance of the treaty, on the restitution of their land. The answer returned by the senate was: "that the judgment of the people could not be rescinded by the senate, besides such a measure could not be adopted on precedent or with justice;, as an additional reason also for the purpose of preserving concord between the several orders of the state. If the Ardeans were willing to abide a seasonable conjuncture, and leave to the senate the mode of redressing the injustice done to them, that the consequence would be that they would rejoice for having moderated their resentment, and that they should be convinced that the patricians were equally anxious that no injustice should arise against them, and that any which may have arisen should not be lasting." Thus the ambassadors, saying that they should lay the whole matter anew before their friends, were dismissed courteously. The patricians, now that the republic was without any curule magistrate, assembled together and elected an interrex. The contest whether consuls or military tribunes should be elected, kept the matter for several days in a state of interregnum. The interrex and senate strive that the elections of consuls be held; the tribunes of the people, and the people themselves, that elections of the military tribunes be held. The patricians succeeded, because both the commons, sure to confer the one or the other honour on patricians, gave up a needless contest, and the leaders of the commons preferred those elections at which no account was to be taken of them (as candidates) to those at which they should be passed by as unworthy. The tribunes of the commons also gave up the contest without a decision, as a compliment to the chiefs of the patricians. Titus Quintius Barbatus, the interrex, elects consuls Lucius Papirius Mugillanus, Lucius Sempronius Atratinus. During their consulship, the treaty was renewed with the Ardeans; and that is a record to prove, that they were consuls in that year, though they are not to be found among the ancient annals,nor in the books of the magistrates. I suppose because military tribunes existed at the commencement of the year, on that account, though these consuls were substituted, the names of the consuls were left out, just as if the military tribunes were the entire year in office. Licinius Macer states, that they were found both in the Ardean treaty and in the linen books at the temple of Moneta. There was tranquillity both at home and abroad, though so many alarms were held out by the neighbouring states.
8
This year (whether it had tribunes only, or consuls substituted in the room of tribunes) is followed by a year when there were undoubtedly consuls, scil. Marcus Geganius Macerinus a second time, Titus Quintius Capitolinus a fifth time. This same year was the commencement of the censorship, a thing which arose from an humble origin, which afterwards increased so much in importance, that in it was vested the regulation of the morals and discipline of Rome, the senate and the centuries of the knights, the distinction of honour and of ignominy were under the sway of that office, the legal right to public and private places, the revenues of the Roman people fell under their beck and jurisdiction. The institution of the thing originated in this, that the people not having been subjected to a survey for several years, the census could neither be deferred, nor had the consuls leisure to discharge their duty, when wars impended from so many states. An observation was made by the senate, "that an office laborious in itself, and one little suited to the consular office, required a magistrate for itself, to whose authority should be submitted the duties of the several scribes, the custody and care of the records, as well as the adjustment of the form to be adopted in the census." And inconsiderable though the proposal might be, still the senate received it with great pleasure, because it increased the number of patrician magistrates in the state, judging also that that would come to pass, which really did occur, viz. that the influence of those who should preside, and the honour of the office would derive on it additional authority and dignity. The tribunes also, considering the discharge of the duty (as was really the case) as necessary rather than the duty itself, as being attended with lustre, did not indeed offer opposition, lest they should through perverseness show a disposition to thwart them evenin trifles. After the honour was rejected by the leading men of the state, the people by their suffrages appointed to the office of conducting the census Papirius and Sempronius, concerning whose consulate doubts are entertained, that in that magistracy they might have some recompence for the incompleteness of their consulate. They were called censors from the nature of their office.
9
Whilst these matters are transacting at Rome, ambassadors come from Ardea, imploring aid for their city, which was nearly destroyed, in consideration of their very ancient alliance, and of the treaty recently renewed. For by intestine wars they were not allowed to enjoy the peace with Rome, which they had by the soundest policy preserved; the cause and origin of which is said to have arisen from a struggle between factions; which have proved and ever will prove more a cause of destruction to several states, than foreign wars, famine, or disease, or any of the other evils which men refer to the anger of heaven, as the severest of public calamities. Two young men courted a maiden of a plebeian family, highly distinguished for beauty: one of them on a level with the maid in point of birth, and favoured by her guardians, who were themselves of the same rank; the other of noble birth, captivated by nothing but her beauty. The latter was aided by the good wishes of the nobles, through which party disputes made their way even into the girl's family. The nobleman was preferred in the judgment of the mother, who was anxious that her daughter should have the most splendid match possible: the guardians, mindful of party even in that transaction, strove for the person of their own order. As the matter could not be settled within the walls of the house, they proceeded to a court of justice. On hearing the claim of the mother and of the guardians, the magistrate decides the right of marriage in conformity with the wish of the mother. But violence was the more powerful. For the guardians, having harangued openly in the forum among persons of their own faction, on the injustice of the decree, collected a party and carry off the girl from her mother's house: against whom a body of nobles having arisen more incensed than before, attends the young man rendered furious by the outrage. A desperate battle takes place; the commons in no respect like to the Roman commons were worsted, and having set out fromthe city in arms, and taken possession of a hill, make excursions into the lands of the nobles with fire and sword. The city too, which had been previously free from all contest, they set about besieging, having induced, by the hope of plunder, a multitude of artisans to join them: nor was any appearance or calamity of war absent; as if the whole state were infested by the mad rage of the two young men, who sought the accomplishment of the fatal match through their country's ruin. The arms and war at home seemed insufficient to both parties. The nobles called in the Romans to the relief of their besieged city; the commons called upon the Volscians to join them in storming Ardea. The Volscians, under the command of Clælius, an Æquan, came first to Ardea, and drew a line of circumvallation around the enemy's walls. When news of this was brought to Rome, Marcus Geganius, the consul, having set out immediately at the head of an army, selected a place for his camp about three miles from the enemy; and the day being now fast declining, he orders his soldiers to refresh themselves; then at the fourth watch he puts his troops in motion; and the work, once commenced, was expedited in such a manner, that at sun-rise the Volscians found themselves enclosed by the Romans with stronger works than the city was by themselves. The consul had also at another place connected an arm to the wall of Ardea, through which his friends might pass to and from the town.
10
The Volscian general, who up to that period had maintained his army, not out of provisions which had been previously provided, but with corn brought in daily from the plunder of the country, when now encompassed by a rampart he perceives himself suddenly destitute of every thing, calling the consul to a conference, says, that "if the Roman came for the purpose of raising the siege, he would withdraw the Volscians from thence." To this the consul made answer, that "the vanquished had to accept terms, not to dictate them; and as the Volscians came at their own discretion to attack the allies of the Roman people, they should not go off in the same same way." He orders, "that their general be given up, their arms laid down, acknowledging themselves vanquished, and ready to submit to his further orders: otherwise, whether they went away or stayed, that he would prove a determined enemy, and would prefer to carry to Rome a victory over theVolscians than an insidious peace." The Volscians, determined on trying the slender hope they had in arms, all other being now cut off, besides many other disadvantages, having come to an engagement in a place unfavourable for fighting, and still more so for retreat, when they were being cut down on every side, from fighting have recourse to entreaties; having given up their general and surrendered their arms, they are sent under the yoke and dismissed full of disgrace and suffering, with one garment each. And when they halted not far from the city of Tusculum, in consequence of an old grudge of the Tusculans they were surprised, unarmed as they were, and suffered severe punishment, a messenger being scarcely left to bring an account of their defeat. The Roman general quieted the disturbed state of affairs at Ardea, beheading the principal authors of that commotion, and confiscating their effects to the public treasury of the Ardeans; the Ardeans considered the injustice of the decision completely repaired by such kindness on the part of the Roman people; it seemed to the senate, however, that something remained to be done to obliterate the remembrance of public avarice. The consul returns to the city in triumph, Clælius, the general of the Volscians, being led before his chariot, and the spoils being carried before him, of which he had stripped the enemy's army after he had sent them under the yoke. Quintius the consul, by his civil administration, equalled, which is no easy matter, the glory attained by his colleague in war; for he so regulated the domestic care of harmony and peace, by dispensing justice with moderation to the highest and the lowest, that both the patricians considered him a strict consul, and the commons, as one sufficiently lenient. Against the tribunes too he carried his measures more by his influence than by striving against them. Five consulships conducted with the same even tenor of conduct, and every part of his life being passed in a manner worthy of the consular dignity, rendered himself almost more venerable than the high office itself. On this account no mention was made of the military tribunes during this consulate.
11
They appoint as consuls Marcus Fabius Vibulanus, Publius Æbutius Cornicen. Fabius and Æbutius, the consuls, inasmuch as they perceived that they succeeded to a greater glory of achievements performed at home and abroad,(the year was rendered particularly remarkable among the neighbouring states, both friendly and hostile, because relief had been afforded to the Ardeans in their perilous situation with so much zeal,) the more strenuously exerted themselves in obtaining a decree of the senate, that they might completely efface the infamy of the decision from the memory of men, to the effect that since the state of the Ardeans had been reduced to a few by intestine war, a colony should be sent thither as a protection against the Volscians. This is what was stated publicly on the tables, that the intention entertained of rescinding the decision might escape the knowledge of the commons and tribunes. But they had agreed that, a much greater number of Rutulian colonists being enrolled than of Romans, no land should be distributed, except that which had been intercepted by the infamous decision; and that not a sod of it should be assigned to any Roman, until all the Rutulians had had their share. In this way the land returned to the Ardeans. The commissioners appointed to transplant the colony to Ardea were Agrippa Menenius, Titus Clælius Siculus, and Marcus Æbutius Elva. When they, in the discharge of their by no means popular office, had given offence to the commons by assigning to the allies the land which the Roman people had decided to be their own, and were not even much supported by the patricians, because they had not deferred in any way to the influence of any one, a day having been appointed for them by the tribunes to appear before the people, they escaped all vexatious annoyance by enrolling themselves as settlers and remaining in the colony, which they now had as a testimony of their integrity and justice.
12
There was peace at home and abroad both this and the following year, Caius Furius Pacilus and Marcus Papirius Crassus being consuls. The games which had been vowed by the decemvirs, in pursuance of a decree of the senate on occasion of the secession of the commons from the patricians, were performed this year. An occasion for sedition was sought in vain by Pætelius, who, having been made a tribune of the commons a second time, by denouncing these same threats, could neither prevail on the consuls to submit to the senate the questions concerning the division of the landsamong the people; and when, after a hard struggle, he had succeeded so far that the patricians should be consulted as to whether it was their pleasure that an election should be held of consuls or of tribunes, consuls were ordered to be elected; and the menaces of the tribune were now laughed at, when he threatened that he would stop the levy, inasmuch as the neighbouring states being now quiet, there was no occasion either for war or for preparations for war. This tranquil state of things is followed by a year, in which Proculus Geganius Macerinus, Lucius Menenius Lanatus were consuls, remarkable for a variety of disasters and dangers, also for disturbances, famine, for their having almost submitted their necks to the yoke of arbitrary power through the allurement of largesses. Foreign war alone was wanting, by which if matters had been aggravated, they could scarcely have stood out against them by the aid of all the gods. Their misfortunes began with famine; whether it was that the season was unfavourable to the crops, or that the cultivation of the land was relinquished for the allurements of the city, and of public harangues; for both causes are assigned. And the patricians accused the commons as being idle; the tribunes of the commons complained sometimes of the fraud, at other times of the negligence of the consuls. At length the commons prevailed, without opposition on the part of the senate, that Lucius Minutius should be appointed president of the market; doomed to be more successful in that office in preserving liberty than in the discharge of his own peculiar province: although in the end he bore away the well-earned gratitude of the people as well as the glory of having lowered the price of provisions. When he had made but slight advance in relieving the markets by sending embassies around the neighbouring states by land and sea to no purpose, except that an inconsiderable quantity of corn was imported from Etruria, and applying himself to the careful dispensations of their scanty stock, by obliging persons to show their supply, and to sell whatever was over and above a month's provision, and by depriving the slaves of one half of their daily allowance; then by censuring and holding up to the resentment of the people the corn-hoarders, he rather discovered the great scarcity of grain than relieved it by this rigorous inquisition. Many of the commons, all hope being lost, rather than be tortured by dragging out existence, muffled up their heads and precipitated themselves into the Tiber.
13
Then Spurius Mælius, of the equestrian order, extremely rich considering these times, set about a project useful in itself, but having a most pernicious tendency, and a still more pernicious motive. For having, by the assistance of his friends and clients, bought up corn from Etruria at his private expense, (which very circumstance, I think, had been an impediment in the endeavour to reduce the price of corn by the exertions of the state,) he set about giving out largesses of corn: and having won over the commons by this munificence, he drew them with him wherever he went, conspicuous and consequential beyond the rank of a private citizen, insuring to him as undoubted the consulship by the favour (they manifested towards him) and the hopes (they excited in him.) He himself, as the mind of man is not to be satiated with that which fortune holds out the hope of, began to aspire to things still higher, and altogether unwarrantable; and since even the consulship would have to be taken from the patricians against their will, he began to set his mind on kingly power;—that that would be the only prize worthy of such grand designs and of the struggle which would have to be endured. The consular elections were now coming on, which circumstance destroyed him completely, his plans being not yet arranged or sufficiently matured. Titus Quintius Capitolinus was elected consul for the sixth time, a man by no means well suited to answer the views of one meditating political innovations: Agrippa Menenius is attached to him as colleague, who bore the cognomen of Lanatus: and Lucius Minutius as president of the markets, whether he was re-elected, or created for an indefinite period, as long as circumstances should require; for there is nothing certain in the matter, except this, his name was entered as president in the linen books among the magistrates for both years. Here Minucius, conducting the same office in a public capacity which Mælius had undertaken to conduct in a private character, the same class of persons frequenting the houses of both, having ascertained the matter, lays it before the senate, "that arms were collecting in the house of Mælius, and that he held assemblies in his house: and that his designs were unquestionably bent on regal dominion: that the timefor the execution of the project was not yet fixed: that all other matters were settled; and that the tribunes were bought over for hire to betray the public liberty, and that the several parts were assigned to the leaders of the multitude. That he laid these things before them almost later than was consistent with safety, lest he might be the reporter of any thing uncertain or ill-grounded." When these things were heard, the chiefs of the patricians both rebuked the consuls of the former year, for having suffered those largesses and meetings of the people to go on in a private house, as well as the new consuls for having waited until a matter of such importance should be reported to the senate by the president of the markets, which required the consul to be not only the reporter, but the punisher also; then Titus Quintius said, "that the consuls were unfairly censured, who being fettered by the laws concerning appeal, enacted to weaken their authority, by no means possessed as much power in their office as will, to punish that proceeding according to its atrocity. That there was wanting a man not only determined in himself, but one who was unshackled and freed from the fetters of those laws. That he would therefore appoint Lucius Quintius dictator; that in him there would be a determination suitable to so great a power." Whilst all approved, Quintius at first refused; and asked them what they meant, in exposing him in the extremity of age to such a contest. Then when they all said that in that aged mind there was not only more wisdom, but more energy also, than in all the rest, and went on loading him with deserved praises, whilst the consul relaxed not in his original determination; Cincinnatus at length having prayed to the immortal gods, that his old age might not prove a detriment or disgrace to the republic at so dangerous a juncture, is appointed dictator by the consul: he himself then appoints Caius Servilius Ahala his master of the horse.
14
On the next day, having stationed proper guards, when he had gone down to the forum, and the attention of the commons was attracted to him by the strangeness and extraordinary nature of the thing, and Mælius's friends and himself their leader perceived that the power of such high authority was directly aimed at them; when, moreover, those who were not aware of the designs on regal power, went on asking, "what tumult, what sudden war, had called for either thedictatorial authority, or Quintius, after his eightieth year, administrator of affairs," Servilius, master of the horse, being sent by the dictator to Mælius, says, "The dictator summons you." When he, being alarmed, asked what he meant, and Servilius stated that "he must stand a trial," and answer the charge brought against him before the senate by Minucius, Mælius drew back into the band of his adherents, and at first, looking around him, he began to skulk off: at length when the beadle, by order of the master of the horse, was bringing him off, being rescued by those present, and running away, he implored the protection of the Roman people, and alleged that he was persecuted by a conspiracy of the patricians because he had acted kindly towards the people: he besought them that they would assist him in this critical emergency, and not suffer him to be butchered before their eyes. Ahala Servilius overtook and slew him whilst exclaiming in this manner; and smeared with the blood of the person so slain, and surrounded by a body of young nobles, he carries back word to the dictator that Mælius having been summoned to him, and commencing to excite the multitude after he had repulsed the beadle, had received condign punishment. "Thou hast acted nobly, Caius Servilius," said the dictator, "in having saved the republic."
15
He then ordered the multitude, who were much agitated, not knowing what judgment to form of the deed, to be called to an assembly: and he openly declared, "that Mælius had been justly put to death, even though he may have been innocent of the charge of aiming at regal power, who, when summoned to attend the dictator by the master of the horse, had not come. That he himself had taken his seat to examine into the case; that, after it had been investigated, Mælius should have met a result corresponding to his deserts; that when employing force, in order that he might not commit himself to a trial, he had been checked by force. Nor should they proceed with him as with a citizen, who, born in a free state amid laws and rights, in a city from which he knew that kings had been expelled, and on the same year the sons of the king's sister and the children of the consul, the liberator of his country, had been put to death by their father, on a plot for readmitting the royal family into the city having been discovered, from which Collatinus Tarquinius the consul, througha hatred of his name, was ordered to resign his office and go into exile; in which capital punishment was inflicted on Spurius Cassius several years after for forming designs to assume the sovereignty; in which the decemvirs were recently punished with confiscation, exile, and death, in consequence of regal tyranny in that city, Spurius Mælius conceived a hope of attaining regal power. And who was this man? Although no nobility, no honours, no deserts should open to any man the road to domination, yet still the Claudii and Cassii, by reason of the consulates, the decemvirates, the honours of their own and those of their ancestors, and from the splendour of their families, had raised their aspiring minds to heights to which it was impious to raise them: that Spurius Mælius, to whom a tribuneship of the commons should rather be an object of wishes than of hope, a wealthy corn-merchant, had conceived the hope to purchase the liberty of his countrymen for two pounds of corn; had supposed that a people victorious over all their neighbours could be cajoled into servitude by throwing them a morsel of food; so that a person whom the state could scarcely digest as a senator, it should tolerate as king, possessing the ensigns and authority of Romulus their founder, who had descended from and had returned to the gods. This was to be considered not more criminal than it was monstrous: nor was it sufficiently expiated by his blood; unless the roof and walls within which so mad a project had been conceived, should be levelled to the ground, and his effects were confiscated, as being contaminated with the price of purchasing kingly domination. He ordered, therefore, that the quæstors should sell this property and deposit the proceeds in the treasury."
16
He then ordered his house to be immediately razed, that the vacant ground might serve as a monument of nefarious hopes destroyed. This was called Æquimælium. Lucius Minucius was presented with a gilded ox on the outside of the gate Trigemina, and this not even against the will of the commons, because he distributed Mælius's corn, after valuing it at oneasper bushel. In some writers I find that this Minucius had changed sides from the patricians to the commons, and that having been chosen as eleventh tribune of the people, he quieted a commotion which arose on the death of Mælius. But it is scarcely credible that the patricianswould have suffered the number of the tribunes to be increased, and that such a precedent should be introduced more particularly in the case of a man who was a patrician; or that the commons did not afterwards maintain, or at least attempt, that privilege once conceded to them. But the legal provision made a few years before, viz. that it should not be lawful for the tribunes to choose a colleague, refutes beyond every thing else the false inscription on the statue. Quintus Cæcilius, Quintus Junius, Sextus Titinius, were the only members of the college of tribunes who had not been concerned in passing the law for conferring honours on Minucius; nor did they cease both to throw out censures one time on Minucius, at another time on Servilius, before the commons, and to complain of the unmerited death of Mælius. They succeeded, therefore, in having an election held for military tribunes rather than for consuls, not doubting but that in six places, for so many were now allowed to be elected, some plebeians also might be appointed, by their professing to be avengers of the death of Mælius. The commons, though they had been agitated that year by many and various commotions, neither elected more than three tribunes with consular power; and among them Lucius Quintius, son of Cincinnatus, from the unpopular nature of whose dictatorship an occasion for disturbance was sought. Mamercus Æmilius, a man of the highest dignity, was voted in, prior to Quintius. In the third place they appoint Lucius Julius.
17
During their office Fidenæ, a Roman colony, revolted to Lars Tolunmius, king of the Veientians, and to the Veientians. To the revolt a more heinous crime was added. By order of Tolumnius they put to death Caius Fulcinius, Clælius Tullus, Spurius Antius, Lucius Roscius, Roman ambassadors, who came to inquire into the reason of this new line of conduct. Some palliate the guilt of the king; that an ambiguous expression of his, during a lucky throw of dice, having been mistaken by the Fidenatians, as if it seemed to be an order for their execution, had been the cause of the ambassadors' death. An incredible tale; that his thoughts should not have been drawn away from the game on the arrival of the Fidenatians, his new allies, when consulting him on a murder tending to violate the law of nations; and that the act was not afterwards viewed by him with horror. It is more probable thathe wished the state of the Fidenatians to be so compromised by their participation in so great a crime, that they might not afterwards look to any hope from the Romans. Statues of the ambassadors, who were slain at Fidenæ, were set up in the rostra at the public expense. A desperate struggle was coming on with the Veientians and Fidenatians, who, besides that they were neighbouring states, had commenced the war with so heinous a provocation. Therefore, the commons and their tribunes being now quiet, so as to attend to the general welfare, there was no dispute with respect to the electing of Marcus Geganius Macerinus a third time, and Lucius Sergius Fidenas, as consuls; so called, I suppose, from the war which he afterwards conducted. For he was the first who fought a successful battle with the king of the Veientians on this side of the Anio, nor did he obtain an unbloody victory. Greater grief was therefore felt from the loss of their countrymen, than joy from the defeat of the enemy: and the senate, as in an alarming crisis, ordered Mamercus Æmilius to be appointed dictator. He appointed as his master of the horse from the college of the preceding year, in which there had been tribunes of the soldiers with consular power, Lucius Quintius Cincinnatus, a youth worthy of his parent. To the levy held by the consuls were added the old centurions well versed in war, and the number of those lost in the late battle was made up. The dictator ordered Lucius Quintius Capitolinus and Marcus Fabius Vibulanus to attend him as his lieutenants-general. Both the higher powers, and the man suitable to such powers, caused the enemy to move from the Roman territory to the other side of the Anio, and continuing their retrograde movement, they took possession of the hills between Fidenæ and the Anio, nor did they descend into the plains until the troops of the Faliscians came to their aid; then at length the camp of the Etrurians was pitched before the walls of Fidenæ. The Roman dictator took his post at no great distance from thence at the conflux on the banks of both rivers, lines being run across between them, as far as he was able to follow by a fortification. Next day he marched out his army into the field.
18
Among the enemy there was a diversity of opinion. The Faliscians, impatient of the hardships of war at a distance from home, and sufficiently confident of their own strength,earnestly demanded battle; the Veientians and Fidenatians placed more hope in protracting the war. Tolumnius, though the measures of his own subjects were more agreeable to him, proclaims that he would give battle on the following day, lest the Faliscians might not brook the service at so great a distance from their home. The dictator and the Romans took additional courage from the fact of the enemy having declined giving battle: and on the following day, the soldiers exclaiming that they would attack the camp and the city, if an opportunity of fighting were not afforded them, the armies advance on both sides into the middle of a plain between the two camps. The Veientians, having the advantage in numbers, sent around a party behind the mountains to attack the Roman camp during the heat of the battle. The army of the three states stood drawn up in such a manner, that the Veientians occupied the right wing, the Faliscians the left, whilst the Fidenatians constituted the centre. The dictator charged on the right wing against the Faliscians, Quintius Capitolinus on the left against the Veientians, and the master of the horse with the cavalry advanced in the centre. For a short time all was silence and quiet, the Etrurians being determined not to engage unless they were compelled, and the dictator looking back towards a Roman fort, until a signal should be raised, as had been agreed on, by the augurs, as soon as the birds had given a favourable omen. As soon as he perceived this, he orders the cavalry first to charge the enemy, after raising a loud shout; the line of infantry following, engaged with great fury. In no quarter did the Etrurian legions withstand the shock of the Romans. The cavalry made the greatest resistance; and the king himself, far the bravest of the cavalry, charging the Romans whilst they were pursuing in disorder in every direction, prolonged the contest.
19
There was then among the cavalry, Aulus Cornelius Cossus, a tribune of the soldiers, distinguished for the beauty of his person, and equally so for courage and great strength of body, and mindful of his rank, which, having received in a state of the highest lustre, he left to his posterity still greater and more distinguished. He perceiving that the Roman troops gave way at the approach of Tolumnius, wherever he directed his charge, and knowing him as being remarkable by his royal apparel, as he flew through the entire line, exclaims, "Is this the infringer of human treaties and the violator of the law of nations? This victim I shall now slay, (provided the gods wish that there should be any thing sacred on earth,) and shall offer him up to the manes of the ambassadors." Having clapped spurs to his horse, he advances against this single foe with spear presented; and after having struck and unhorsed him, he immediately, by help of his lance, sprung on the ground. And as the king attempted to rise, he throws him back again with the boss of his shield, and with repeated thrusts pins him to the earth. He then stripped off the spoils from the lifeless body; and having cut off his head and carrying it on the point of his spear, he puts the enemy to rout through terror on seeing their king slain. Thus the line of cavalry, which alone had rendered the combat doubtful, was beaten. The dictator pursues closely the routed legions, and drove them to their camp with slaughter. The greater number of the Fidenatians, through their knowledge of the country, made their escape to the mountains. Cossus, having crossed the Tiber with the cavalry, carried off great plunder from the Veientian territory to the city. During the battle there was a fight also at the Roman camp against a party of the forces, which, as has been already mentioned, had been sent by Tolumnius to the camp. Fabius Vibulanus first defends his lines by a ring; then, whilst the enemy were wholly taken up with the entrenchment, sallying out from the principal gate on the right, he suddenly attacks them with the triarii: and a panic being thus struck into them there was less slaughter, because they were fewer, but their flight was no less disorderly than it had been on the field of battle.
20
Matters being managed successfully in every direction, the dictator, by a decree of the senate and order of the people, returned to the city in triumph. By far the most remarkable object in the triumph was Cossus, bearing thespolia opimaof the king he had slain. The soldiers chaunted their uncouth verses on him, extolling him as equal to Romulus. With the usual form of dedication, he presented, as an offering, the spoils in the temple of Jupiter Feretrius, near the spoils of Romulus, which, having been the first calledopima, were the only ones at that time; and he attracted the eyes of all the citizens from the dictator's chariot to himself, and enjoyed almost solely the honour of that day's solemnity. The dictator offered up to Jupiter in the Capitol a golden crown a pound in weight, at the public expense, by order of the people. Following all the Roman writers, I have represented Aulus Cornelius Cossus as a military tribune, when he carried the secondspolia opimato the temple of Jupiter Feretrius. But besides that those spoils are rightly consideredopima, which one general has taken from another; and we know no general but the person under whose auspices the war is conducted, the inscription itself written on the spoils proves, against both me and them, that Cossus was consul when he took them. Having once heard Augustus Cæsar, the founder or restorer of all our temples, on entering the temple of Jupiter Feretrius, which being dilapidated by time he rebuilt, aver that he himself had read the said inscription on the linen breastplate, I thought it would be next to sacrilege to rob Cossus of such a testimony respecting his spoils as that of Cæsar, the renovator of the temple itself. Whether the mistake is chargeable on the very ancient annals and the linen books of the magistrates, deposited in the temple of Moneta, and which Licinius Macer occasionally cites as authorities, which have Aulus Cornelius Cossus consul with Titus Quintius Pennus, in the ninth year after this, every person may form his own opinion. For there is this additional proof, that a battle so celebrated could not be transferred to that year; that the three years before and after the consulship of Aulus Cornelius were entirely free from war, in consequence of a pestilence and a scarcity of grain; so that some annals, as if in mourning, present nothing but the names of the consuls. The third year from the consulship of Cossus has him as military tribune with consular power; in the same year as master of the horse, in which office he fought another distinguished horse battle. Conjecture is open on the matter; but, as I think, idle surmises may be turned to support any opinion: when the hero of the fight, having placed the recent spoils in the sacred repository, having before him Jove himself, to whom they were consecrated, and Romulus, no contemptible witnesses in case of a false inscription, entitled himself Aulus Cornelius Cossus consul.
21
Marcus Cornelius Maluginensis and Lucius Papirius Crassus being consuls, the armies were led into the territoriesof the Veientians and Faliscians; numbers of men and cattle were driven off as spoil; the enemy was no where to be found on the land, and no opportunity of fighting was afforded; the cities however were not attacked, because a pestilential disorder ran through the people. Disturbances were also sought at home, but not actually excited, however, by Spurius Mælius, tribune of the people; who thinking that he might create some tumult through the popularity of his name, had both appointed a day of trial for Minucius, and had also proposed a law for confiscating the property of Servilius Ahala: alleging that Mælius had been circumvented through false impeachments by Minucius, charging Servilius with the killing of a citizen on whom no sentence had been passed; charges which, when brought before the people, proved to be more idle than the author himself. But the virulence of the disease now becoming worse, was more an object of concern to them, as also the terrors and prodigies, more especially because accounts were being brought, that houses were falling throughout the country, in consequence of frequent earthquakes. A supplication was therefore performed by the people, according to the form dictated by the decemvirs.[153]The year being still more pestilential, Caius Julius a second time and Lucius Virginius being consuls, occasioned such dread of desolation through the city and country, that not only no one left the Roman territory for the purpose of committing depredations, and not only did none of the patricians or commons entertain an idea of commencing any military aggressions; but the Fidenatians, who at first had shut themselves up either within their town, or mountains, or fortifications, now descended without provocation to commit depredations on the Roman territory. Then the army of the Veientians being called in to their aid, (for the Faliscians could be induced to renew the war neither by the distresses of the Romans, nor by the remonstrances of their allies,) the two states crossed the Anio; and displayed their ensigns at no great distance from the Colline gate. Great consternation arose therefore, not more in the country than in the city. Juliusthe consul draws up his troops on the rampart and walls; the senate is consulted by Virginius in the temple of Quirinus. It is determined that Aulus Servilius be appointed dictator, who some say had the cognomen of Priscus, others that of Structus. Virginius having delayed whilst he consulted his colleague, with his permission, named the dictator at night. He appoints Postumus Æbutius Elva his master of the horse.
22
The dictator orders all to attend at break of day outside the Colline gate. All whosoever had sufficient strength to bear arms, attended; the standards were quickly brought forth from the treasury and conveyed to the dictator. Whilst these matters were going on, the enemies retired to the higher grounds; thither the dictator follows them with a determined army; and having come to a general engagement not far from Nomentum, he routed the Etrurian legions; he then drove them into the city of Fidenæ, and surrounded it with a rampart. But neither could the city be taken by storm as being high and well fortified, nor was there any effect in a blockade, because corn was supplied to them in abundance not only for necessary consumption, but for plenty also, in consequence of that previously laid up. Thus all hope being lost of taking it by assault, or of forcing it to a surrender, the dictator determined on carrying a sap into the citadel in places which were well known to him on account of their near situation on the remote side of the city, as being most neglected because it was best protected by reason of its own nature; he himself by advancing up to the walls in places most remote, with his army divided into four sections, which were to succeed each other in the action, by continuing the fight day and night continuously he prevented the enemy from perceiving the work; until the mountain being dug through from the camp, a passage was opened up into the citadel; and the Etrurians being diverted from the real danger by the idle threats, the shouting of the enemy over their heads proved to them that their city was taken. On that year Caius Furius Pacilus and Marcus Geganius Macerinus, censors, approved of the public edifice[154]in the Campus Martius, and the census of the people was there performed for the first time.
23
That the same consuls were re-elected on the following year, Julius for the third time, Virginius for the second time, I find in Licinius Macer. Valerius Antias and Quintus Tubero state that Marcus Manlius and Quintus Sulpicius were, the consuls for that year. But in representations so different both Tubero and Macer cite the linen books as their authority; neither of them denies that it was said by ancient historians that there were military tribunes on that year. Licinius thinks that we should unhesitatingly follow the linen books; and Tubero is uncertain as to the truth. But this also is left unsettled among other points not ascertained from length of time. Alarm was raised in Etruria after the capture of Fidenæ, not only the Veientians being terrified by the apprehension of similar ruin, but the Faliscians also, from the recollection of the war having first commenced with them, although they had not joined with those who renewed hostilities. Accordingly when the two nations, having sent ambassadors around to the twelve states, succeeded so far that a general meeting was proclaimed for all Etruria at the temple of Voltumna; the senate, apprehending a great attack threatening from that quarter, ordered Mamercus Æmilius again to be appointed dictator. Aulus Postumius Tubertus was appointed by him as master of the horse; and preparations for war were made with so much the more energy than on the last occasion, in proportion as there was more danger from the whole body of Etruria than from two of its states.
24
That matter passed off much more quietly than any one expected. Therefore when word was brought by certain traders, that aid was refused to the Veientians, and that they were bid to prosecute with their own strength a war entered into on their own separate views, and not to seek out persons as sharers in their distresses, to whom they had not communicated their hopes when flourishing; the dictator, that his appointment might not be in vain, all opportunity of acquiring military glory being now taken from him, desirous of performing during peace some work which might serve as a memorial of his dictatorship, sets about limiting the censorship, either judging its powers excessive, or disapproving of the duration rather than the extent of the office. Accordingly, having summoned a meeting, he says "that the immortal gods had taken on themselves that the public affairs should be managed externally, and that the general securityshould be insured; that with respect to what was to be done within the walls, he would provide for the liberty of the Roman people. But that the most effectual guarding of it was, that offices of great power should not be of long continuance; and that a limit of time should be set to those to which a limit of jurisdiction could not be set. That other offices were annual, that the censorship was quinquennial; that it was a grievance to be subject to the same individuals for such a number of years in a considerable part of the affairs of life. That he would propose a law, that the censorship should not last longer than a year and half." Amid the great approbation of the people he passed the law on the following day, and says, "that you may know, Romans, in reality, how little pleasing to me are offices of long duration, I resign the dictatorship." Having laid down his own office, and set a limit to the office of others, he was escorted home with the congratulation and great good will of the people. The censors resenting Mamercus' conduct for his having diminished the duration of one of the offices of the Roman people, degraded him from his tribe, and increasing his taxes eight-fold, disfranchised[155]him. They say that he bore this with great magnanimity, as he considered the cause of the disgrace, rather than the disgrace itself; that the principal patricians also, though they had been averse to the curtailing the privileges of the censorship, were much displeased at this instance of censorial severity; inasmuch as each saw that he would be longer and more frequently subjected to the censors, than he should hold the office of censor. Certain it is that such indignation is said to have arisen on the part of the people, that violence could not be kept off from the censors through the influence of any person except of Mamercus himself.