42
The commons elected as tribunes of the people, though absent, Sextus Tempanius, Aulus Sellius, Sextus Antistius, and Spurius Icilius, whom the horsemen by the advice of Tempanius had appointed to command them as centurions. The senate, inasmuch as the name of consuls was now becoming displeasing through the hatred felt towards Sempronius, ordered that military tribunes with consular power should be elected. Those elected were Lucius Manlius Capitolinus, Quintus Antonius Merenda, Lucius Papirius Mugillanus. At the very commencement of the year, Lucius Hortensius, a tribune of the people, appointed a day of trial for Caius Sempronius, a consul of the preceding year, and when his four colleagues, in sight of the Roman people, entreated him that he would not involve in vexation their unoffending general, in whose casenothing but fortune could be blamed, Hortensius took offence, thinking it to be a trying of his perseverance, and that the accused depended not on the entreaties of the tribunes, which were merely used for show, but on their protection. Therefore now turning to him, he asked, "Where were those patrician airs, where the spirit supported and confiding in conscious innocence; that a man of consular dignity took shelter under the shade of the tribunes?" Another time to his colleagues, "What do you intend doing, if I go on with the prosecution; will you wrest their jurisdiction from the people and overturn the tribunitian authority?" When they said that, "both with respect to Sempronius and all others, the power of the Roman people was supreme; that they had neither the will nor the power to do away with the judgment of the people; but if their entreaties for their commander, who was to them in the light of a parent, were to prove of no avail, that they would change their apparel along with him:" then Hortensius says, "The commons of Rome shall not see their tribunes in the garb of culprits. To Caius Sempronius I have nothing more to say, since when in office he has attained this good fortune, to be so dear to his soldiers." Nor was the dutiful attachment of the four tribunes more grateful alike to the commons and patricians, than was the temper of Hortensius, which yielded so readily to their just entreaties. Fortune no longer indulged the Æquans, who had embraced the doubtful victory of the Volscians as their own.
43
In the year following, when Numerius Fabius Vibulanus and Titus Quintius Capitolinus, son of Capitolinus, were consuls, nothing worth mentioning was performed under the conduct of Fabius, to whom that province had fallen by lot. When the Æquans had merely showed their dastardly army, they were routed by a shameful flight, without any great honour to the consul; therefore a triumph is refused. However in consequence of having effaced the ignominy of Sempronius's defeat, he was allowed to enter the city with an ovation. As the war was terminated with less difficulty than they had apprehended, so in the city, from a state of tranquillity, an unexpected mass of dissensions arose between the commons and patricians, which commenced with doubling the number of quæstors. When the patricians approved most highly of this measure, (viz. that, besides the two city quæstors, two should attend the consuls to discharge some duties of the military service,) after it was moved by the consuls, the tribunes of the commons contended in opposition to the consuls, that half of the quæstors should be appointed from the commons; for up to that time all patricians were appointed. Against this proceeding both the consuls and patricians at first strove with all their might; then by making a concession that the will of the people should be equally free in the case of quæstors, as they enjoyed in the election of tribunes with consular power, when they produced but little effect, they gave up the entire matter about increasing the number of quæstors. When relinquished, the tribunes take it up, and other seditious schemes are continually started, among which is that of the agrarian law. On account of these disturbances the senate was desirous that consuls should be elected rather than tribunes, but no decree of the senate could be passed in consequence of the protests of the tribunes; the government from being consular came to an interregnum, and not even that without a great struggle (for the tribunes prevented the patricians from meeting). When the greater part of the following year was wasted in contentions by the new tribunes of the commons and some interreges, the tribunes at one time hindering the patricians from assembling to declare an interrex, at another time preventing the interrex from passing a decree regarding the election of consuls; at length Lucius Papirius Mugillanus, being nominated interrex, censuring now the patricians, now the tribunes of the people, asserted "that the state, deserted and forsaken by man, being taken up by the providence and care of the gods, subsisted by the Veientian truce and the dilatoriness of the Æquans. From which quarter if any alarm of danger be heard, did it please them that the state, left without a patrician magistrate, should be taken by surprise? that there should be no army, nor general to enlist one? Will they repel a foreign war by an intestine one? And if they both meet, the Roman state can scarcely be saved, even by the aid of the gods, from being overwhelmed. That they, by resigning each a portion of their strict right, should establish concord by a compromise; the patricians, by suffering military tribunes with consular authority to be elected; the tribunes of the commons, by ceasing to protest against thefour quæstors being elected promiscuously from the commons and patricians by the free suffrage of the people."
44
The election of tribunes was first held. There were chosen tribunes with consular power, Lucius Quintius Cincinnatus a third time, Lucius Furius Medullinus a second time, Marcus Manlius, Aulus Sempronius Atratinus. On the last-named tribune presiding at the election of quæstors, and among several other plebeians a son of Antistius, a plebeian tribune, and a brother of Sextus Pompilius, also a tribune of the commons, becoming candidates, neither the power nor interest of the latter at all availed so as to prevent those, whose fathers and grandfathers they had seen consuls, from being preferred for their high birth. All the tribunes of the commons became enraged, above all Pompilius and Antistius were incensed at the rejection of their relatives. "What could this mean? that neither through their own kindnesses, nor in consequence of the injurious treatment of the patricians, nor even through the natural desire of making use of their new right, as that is now allowed which was not allowed before, was any individual of the commons elected if not a military tribune, not even a quæstor. That the prayers of a father in behalf of a son, those of one brother in behalf of another, had been of no avail, though proceeding from tribunes of the people, a sacrosanct power created for the support of liberty. There must have been some fraud in the matter, and Aulus Sempronius must have used more of artifice at the elections than was compatible with honour." They complained that by the unfairness of his conduct their friends had been kept out of office. Accordingly as no attack could be made on him, secured by his innocence and by the office he then held, they turned their resentment against Caius Sempronius, uncle to Atratinus; and, with the aid of their colleague Marcus Cornelius, they entered a prosecution against him on account of the disgrace sustained in the Volscian war. By the same tribunes mention was frequently made in the senate concerning the division of the lands, (which scheme Caius Sempronius had always most vigorously opposed,) they supposing, as was really the case, that the accused, should he give up the question, would become less valued among the patricians, or by persevering up to the period of trial he would give offence to the commons.He preferred to expose himself to the torrent of popular prejudice, and to injure his own cause, than to be wanting to the public cause; and he stood firm in the same sentiment, "that no largess should be made, which was sure to turn to the benefit of the three tribunes; that it was not land was sought for the people, but odium for him. That he too would undergo that storm with a determined mind; nor should either himself, nor any other citizen, be of so much consequence to the senate, that in showing tenderness to an individual, a public injury may be done." When the day of trial came, he, having pleaded his own cause with a spirit by no means subdued, is condemned in a fine of fifteen thousandasses, though the patricians tried every means to make the people relent. The same year Postumia, a Vestal virgin, is tried for a breach of chastity, though guiltless of the charge; having fallen under suspicion in consequence of her dress being too gay and her manners less reserved than becomes a virgin, not avoiding the imputation with sufficient care. The case was first deferred, she was afterwards acquitted; but the chief pontiff, by the instruction of the college, commanded her to refrain from indiscreet mirth, and to dress with more regard to sanctity than elegance. In the same year Cumæ, a city which the Greeks then occupied, was taken by the Campanians.
45
The following year had for military tribunes with consular power, Agrippa Menenius Lanatus, Publius Lucretius Tricipitinus, Spurius Nautius Rutilus: to the good fortune of the Roman people, the year was remarkable rather by great danger than by losses. The slaves conspire to set fire to the city in several quarters, and whilst the people should be intent in bearing assistance to the houses in every direction, to take up arms and seize the citadel and Capitol. Jupiter frustrated their horrid designs; and the offenders, being seized on the information of two (accomplices), were punished. Ten thousandassesin weight of brass paid out of the treasury, a sum which at that time was considered wealth, and their freedom, was the reward conferred on the parties who discovered. The Æquans then began to prepare for a renewal of hostilities; and an account was brought to Rome from good authority, that new enemies, the Lavicanians, were forming a coalition with the old ones. The state had now become habituated, as it were, to the anniversary arms of the Æquans. When ambassadors were sent to Lavici and brought back from thence an evasive answer, from which it became evident that neither war was intended there, nor would peace be of long continuance, instructions were given to the Tusculans, that they should observe attentively, lest any new commotion should arise at Lavici. To the military tribunes, with consular power, of the following year, Lucius Sergius Fidenas, Marcus Papirius Mugillanus, Caius Servilius the son of Priscus, in whose dictatorship Fidenæ had been taken, ambassadors came from Tusculum, just as they entered on their office. The ambassadors brought word that the Lavicanians had taken arms, and having ravaged the Tusculan territory in conjunction with the army of the Æquans, that they had pitched their camp at Algidum. Then war was proclaimed against the Lavicanians; and a decree of the senate having been passed, that two of the tribunes should proceed to the war, and that one should manage affairs at Rome, a contest suddenly sprung up among the tribunes. Each represented himself as a fitter person to take the lead in the war, and scorned the management of the city as disagreeable and inglorious. When the senate beheld with surprise the indecent contention between the colleagues, Quintus Servilius says, "Since there is no respect either for this house, or for the commonwealth, parental authority shall set aside this altercation of yours. My son, without having recourse to lots, shall take charge of the city. I wish that those who are so desirous of managing the war, may conduct it with more consideration and harmony than they covet it."
46
It was determined that the levy should not be made out of the entire body of the people indiscriminately. Ten tribes were drawn by lot; the two tribunes enlisted the younger men out of these, and led them to the war. The contentions which commenced between them in the city, were, through the same eager ambition for command, carried to a much greater height in the camp: on no one point did they think alike; they contended strenuously for their own opinion; they desired their own plans, their own commands only to be ratified; they mutually despised each other, and were despised, until, on the remonstrances of the lieutenant-generals, it was at length so arranged, that they should hold the supreme command on alternate days. When an account of these proceedings was brought to Rome, Quintus Servilius, taught by yearsand experience, is said to have prayed to the immortal gods, that the discord of the tribunes might not prove more detrimental to the commonwealth than it had done at Veii: and, as if some certain disaster was impending over them, he pressed his son to enlist soldiers and prepare arms. Nor was he a false prophet. For under the conduct of Lucius Sergius, whose day of command it was, being suddenly attacked by the Æquans on disadvantageous ground near the enemy's camp, after having been decoyed thither by the vain hope of taking it, because the enemy had counterfeited fear and betaken themselves to their rampart, they were beaten down a declivity, and great numbers were overpowered and slaughtered by their tumbling one over the other rather than by flight: and the camp, retained with difficulty on that day, was, on the following day, deserted by a shameful flight through the opposite gate, the enemy having invested it in several directions. The generals, lieutenant-generals, and such of the main body of the army as kept near the colours, made their way to Tusculum; others, dispersed in every direction through the fields, hastened to Rome by different roads, announcing a heavier loss than had been sustained. There was less of consternation, because the result corresponded to the apprehensions of persons; and because the reinforcements, which they could look to in this distressing state of things, had been prepared by the military tribune: and by his orders, after the disturbance in the city was quieted by the inferior magistrates, scouts were instantly despatched, and brought intelligence that the generals and the army were at Tusculum; that the enemy had not removed their camp. And, what raised their spirits most, Quintus Servilius Priscus was created dictator in pursuance of a decree of the senate; a man whose judgment in public affairs the state had experienced as well on many previous occasions, as in the issue of that war, because he alone had expressed his apprehensions of the result of the disputes among the tribunes, before the occurrence of the misfortune; he having appointed for his master of the horse, by whom, as military tribune, he had been nominated dictator, his own son, as some have stated, (for others mention that Ahala Servilius was master of the horse that year;) and setting out to the war with his newly-raised army, after sending for those who wereat Tusculum, chose ground for his camp at the distance of two miles from the enemy.
47
The arrogance and negligence arising from success, which had previously existed in the Roman generals, were now transferred to the Æquans. Accordingly, when in the very first engagement the dictator had thrown the enemy's van into disorder by a charge of his cavalry, he immediately ordered the infantry to advance, and slew one of his own standard-bearers who hesitated in so doing. So great was the ardour to fight, that the Æquans did not stand the shock; and when, vanquished in the field, they made for their camp in a precipitate flight, the taking of it was shorter in time and less in trouble than the battle had been. After the camp had been taken and plundered, and the dictator had given up the spoil to the soldiers, and the cavalry, who had pursued the enemy in their flight, brought back intelligence that all the Lavicanians were vanquished, and that a considerable number of the Æquans had fled to Lavici, the army was marched to Lavici on the following day; and the town, being invested on all sides, was taken by storm and plundered. The dictator, having marched back his victorious army to Rome, resigned his office on the eighth day after he had been appointed; and before agrarian disturbances could be raised by the tribunes of the commons, allusion having been made to a division of the Lavicanian land, the senate very opportunely voted in full assembly that a colony should be conducted to Lavici. One thousand five hundred colonists were sent from the city, and received each two acres. Lavici being taken, and subsequently Agrippa Menenius Lanatus, and Lucius Servilius Structus, and Publius Lucretius Tricipitinus, all these a second time, and Spurius Rutilius Crassus being military tribunes with consular authority, and on the following year Aulus Sempronius Atratinus a third time, and Marcus Papirius Mugillanus and Spurius Nautius Rutilus both a second time, affairs abroad were peaceable for two years, but at home there was dissension from the agrarian laws.
48
The disturbers of the commons were Spurius Mæcilius a fourth time, and Spurius Mætilius a third time, tribunes of the people, both elected during their absence. And after they had proposed a bill, that the land taken from the enemyshould be divided man by man, and the property of a considerable part of the nobles would be confiscated by such a measure; for there was scarcely any of the land, considering the city itself was built on a strange soil, that had not been acquired by arms; nor had any other persons except the commons possession of that which had been sold or publicly assigned, a violent contest between the commons and patricians seemed to be at hand; nor did the military tribunes discover either in the senate, or in the private meetings of the nobles, any line of conduct to pursue; when Appius Claudius, the grandson of him who had been decemvir for compiling the laws, being the youngest senator of the meeting, is stated to have said; "that he brought from home an old and a family scheme, for that his great-grandfather, Appius Claudius, had shown the patricians one method of baffling tribunitian power by the protests of their colleagues; that men of low rank were easily led away from their opinions by the influence of men of distinction, if language were addressed to them suitable to the times, rather than to the dignity of the speakers. That their sentiments were regulated by their circumstances. When they should see that their colleagues, having the start in introducing the measure, had engrossed to themselves the whole credit of it with the commons, and that no room was left for them, that they would without reluctance incline to the interest of the senate, through which they may conciliate the favour not only of the principal senators, but of the whole body." All expressing their approbation, and above all, Quintius Servilius Priscus eulogizing the youth, because he had not degenerated from the Claudian race, a charge is given, that they should gain over as many of the college of the tribunes as they could, to enter protests. On the breaking up of the senate the tribunes are applied to by the leading patricians: by persuading, admonishing, and assuring them "that it would be gratefully felt by them individually, and gratefully by the entire senate, they prevailed on six to give in their protests." And on the following day, when the proposition was submitted to the senate, as had been preconcerted, concerning the sedition which Mæcilius and Mætilius were exciting by urging a largess of a most mischievous precedent, such speeches were delivered by the leading senators, that each declared "that for his part he had no measure to advise, nor did he see anyother resource in any thing, except in the aid of the tribunes. That to the protection of that power the republic, embarrassed as it was, fled for succour, just as a private individual in distress. That it was highly honourable to themselves and to their office that there resided not in the tribuneship more strength to harass the senate and to excite disunion among the several orders, than to resist their perverse colleagues." Then a shout arose throughout the entire senate, when the tribunes were appealed to from all parts of the house: then silence being established, those who had been prepared through the interest of the leading men, declare that they will protest against the measure which had been proposed by their colleagues, and which the senate considers to tend to the dissolution of the state. Thanks were returned to the protestors by the senate. The movers of the law, having convened a meeting, and styling their colleagues traitors to the interests of the commons and the slaves of the consulars, and after inveighing against them in other abusive language, relinquished the measure.
49
The following year, on which Publius Cornelius Cossus, Caius Valerius Potitus, Quintus Quintius Cincinnatus, Numerius Fabius Vibulanus were military tribunes with consular power, would have brought with it two continual wars, had not the Veientian campaign been deferred by the religious scruples of the leaders, whose lands were destroyed, chiefly by the ruin of the country-seats, in consequence of the Tiber having overflowed its banks. At the same time the loss sustained three years before prevented the Æquans from affording assistance to the Bolani, a state belonging to their own nation. Excursions had been made from thence on the contiguous territory of Lavici, and hostilities were committed on the new colony. As they had expected to be able to defend this act of aggression by the concurrent support of all the Æquans, when deserted by their friends they lost both their town and lands, after a war not even worth mentioning, through a siege and one slight battle. An attempt made by Lucius Sextius, tribune of the people, to move a law by which colonists might be sent to Bolæ also, in like manner as to Lavici, was defeated by the protests of his colleagues, who declared openly that they would suffer no order of the commons to be passed, unless with the approbation of the senate. On the following year the Æquans, having recovered Bolæ,and sent a colony thither, strengthened the town with additional fortifications, the military tribunes with consular power at Rome being Cneius Cornelius Cossus, Lucius Valerius Potitus, Quintus Fabius Vibulanus a second time, Marcus Postumius Regillensis. The war against the Æquans was intrusted to the latter, a man of depraved mind, which victory manifested more effectually than war. For having with great activity levied an army and marched it to Bolæ, after breaking down the spirits of the Æquans in slight engagements, he at length forced his way into the town. He then turned the contest from the enemy to his countrymen; and when during the assault he had proclaimed, that the plunder should belong to the soldiers, after the town was taken he broke his word. I am more inclined to believe that this was the cause of the displeasure of the army, than that in a city lately sacked and in a colony still young there was less booty found than the tribune had represented. An expression of his heard in the assembly, which was very silly and almost insane, after he returned into the city on being sent for on account of some tribunitian disturbances, increased this bad feeling; on Sextus, a tribune of the commons, proposing an agrarian law, and at the same time declaring that he would also propose that colonists should be sent to Bolæ; for that those who had taken them by their arms were deserving that the city and lands of Bolæ should belong to them, he exclaimed, "Woe to my soldiers, if they are not quiet;" which words, when heard, gave not greater offence to the assembly, than they did soon after to the patricians. And the plebeian tribune being a sharp man and by no means devoid of eloquence, having found among his adversaries this haughty temper and unbridled tongue, which by irritating and exciting he could urge into such expressions as might prove a source of odium not only to himself, but to his cause and to the entire body, he strove to draw Postumius into discussion more frequently than any of the college of military tribunes. Then indeed, after so brutal and inhuman an expression, "Romans," says he, "do ye hear him threatening woe to his soldiers as to slaves? Yet this brute will appear to you more deserving of so high an honour than those who send you into colonies, after having granted to you cities and lands; who provide a settlement for your old age, who fight against such cruel and arrogant adversaries in defenceof your interests. Begin then to wonder why few persons now undertake your cause. What are they to expect from you? is it honours which you give to your adversaries rather than to the champions of the Roman people. You felt indignant just now, on hearing an expression of this man? What matters that, if you will prefer this man who threatens woe to you, to those who are desirous to secure for you lands, settlements, and property?"
50
This expression of Postumius being conveyed to the soldiers, excited in the camp much greater indignation. "Did the embezzler of the spoils and the defrauder threaten woe also to the soldiers?" Accordingly, when the murmur of indignation now became avowed, and the quæstor, Publius Sestius, thought that the mutiny might be quashed by the same violence by which it had been excited; on his sending a lictor to one of the soldiers who was clamorous, when a tumult and scuffle arose from the circumstance, being struck with a stone he retired from the crowd; the person who had given the blow, further observing with a sneer, "That the quæstor got what the general had threatened to the soldiers." Postumius being sent for in consequence of the disturbance, exasperated every thing by the severity of his inquiries and the cruelty of his punishment. At last, when he set no bounds to his resentment, a crowd collecting at the cries of those whom he had ordered to be put to death under a hurdle, he himself madly ran down from his tribunal to those who were interrupting the execution. There, when the lictors, endeavouring to disperse them, as also the centurions, irritated the crowd, their indignation burst forth to such a degree, that the military tribune was overwhelmed with stones by his own army. When an account was brought to Rome of so heinous a deed, the military tribunes endeavouring to procure a decree of the senate for an inquiry into the death of their colleague, the tribunes of the people entered their protest. But that contention branched out of another subject of dispute; because the patricians had become uneasy lest the commons, through dread of the inquiries and through resentment, might elect military tribunes from their own body: and they strove with all their might that consuls should be elected. When the plebeian tribunes did not suffer the decree of the senate to pass, and when they also protested against the election of consuls, theaffair was brought to an interregnum. The victory was then on the side of the patricians.
51
Quintus Fabius Vibulanus, interrex, presiding in the assembly, Aulus Cornelius Cossus, Lucius Furius Medullinus were elected consuls. During their office, at the commencement of the year, a decree of the senate was passed that the tribunes should, at the earliest opportunity, propose to the commons an inquiry into the murder of Postumius, and that the commons should appoint whomsoever they thought proper to conduct the inquiry. The office is intrusted to the consuls by the commons with the consent of the people at large, who, after having executed the task with the utmost moderation and lenity by punishing only a few, who there are sufficient grounds for believing put a period to their own lives, still could not succeed so as to prevent the people from feeling the utmost displeasure. "That constitutions, which were enacted for their advantages, lay so long unexecuted; while a law passed in the mean time regarding their blood and punishment was instantly put into execution and possessed full force." This was a most seasonable time, after the punishment of the mutiny, that the division of the territory of Bolæ should be presented as a soother to their minds; by which proceeding they would have diminished their eagerness for an agrarian law, which tended to expel the patricians from the public land unjustly possessed by them. Then this very indignity exasperated their minds, that the nobility persisted not only in retaining the public lands, which they got possession of by force, but would not even distribute to the commons the unoccupied land lately taken from the enemy, and which would, like the rest, soon become the prey of a few. The same year the legions were led out by the consul Furius against the Volscians, who were ravaging the country of the Hernicians, and finding no enemy there, they took Ferentinum, whither a great multitude of the Volscians had betaken themselves. There was less plunder than they had expected; because the Volscians, seeing small hopes of keeping it, carried off their effects and abandoned the town. It was taken on the following day, being nearly deserted. The land itself was given to the Hernicians.
52
The year, tranquil through the moderation of the tribunes, was succeeded by one in which Lucius Icilius wasplebeian tribune, Quintus Fabius Ambustus, Caius Furius Pacilus being consuls. When this man, at the very commencement of the year, began to excite disturbances by the publication of agrarian laws, as if such was the task of his name and family, a pestilence broke out, more alarming however than deadly, which diverted men's thoughts from the forum and political disputes to their domestic concerns and the care of their personal health; and persons think that it was less mischievous than the disturbance would have proved. The state being freed from this (which was attended) with a very general spread of illness, though very few deaths, the year of pestilence was followed by a scarcity of grain, the cultivation of the land having been neglected, as usually happens, Marcus Papirius Atratinus, Caius Nautius Rutilus being consuls. The famine would now have proved more dismal than the pestilence, had not the scarcity been relieved by sending envoys around all the states, which border on the Tuscan Sea and the Tiber, to purchase the corn. The envoys were prevented from trading in an insolent manner by the Samnitians, who were in possession of Capua and Cumæ; on the contrary, they were kindly assisted by the tyrants of Sicily. The Tiber brought down the greatest supplies, through the very active zeal of the Etrurians. In consequence of the sickness, the consuls laboured under a paucity of hands in conducting the government; when not finding more than one senator for each embassy, they were obliged to attach to it two knights. Except from the pestilence and the scarcity, there was no internal or external annoyance during those two years. But as soon as these causes of anxiety disappeared, all those evils by which the state had hitherto been distressed, started up, discord at home, war abroad.
53
In the consulship of Mamercus Æmilius and Caius Valerius Potitus, the Æquans made preparations for war; the Volscians, though not by public authority, taking up arms, and entering the service as volunteers for pay. When on the report of these enemies having started up, (for they had now passed into the Latin and Hernican land,) Marcus Mænius, a proposer of an agrarian law, would obstruct Valerius the consul when holding a levy, and when no one took the military oath against his own will under the protection of the tribune; an account is suddenly brought that the citadelof Carventa had been seized by the enemy. The disgrace incurred by this event was both a source of odium to Mænius in the hands of the fathers, and it moreover afforded to the other tribunes, already pre-engaged as protestors against an agrarian law, a more justifiable pretext for resisting their colleague. Wherefore after the matter had been protracted for a long time by wrangling, the consuls calling gods and men to witness, that whatever disgrace or loss had either been already sustained or hung over them from the enemy, the blame of it would be imputed to Mænius, who hindered the levy; Mænius, on the other hand, exclaiming "that if the unjust occupiers would yield up possession of the public land, he would cause no delay to the levy:" the nine tribunes interposing a decree, put an end to the contest; and they proclaimed as the determination of their college, "that they would, for the purposes of the levy, in opposition to the protest of their colleague, afford their aid to Caius Valerius the consul in inflicting fines and other penalties on those who refused to enlist." When the consul, armed with this decree, ordered into prison a few who appealed to the tribune, the rest took the military oath from fear. The army was marched to the citadel of Carventa, and though hated by and disliking the consul, they on their first arrival recovered the citadel in a spirited manner, having dislodged those who were protecting it; some in quest of plunder having straggled away through carelessness from the garrison, afforded an opportunity for attacking them. There was considerable booty from the constant devastations, because all had been collected into a safe place. This the consul ordered the quæstors to sell by auction and carry it into the treasury, declaring that the army should then participate in the booty, when they had not declined the service. The exasperation of the commons and soldiers against the consul was then augmented. Accordingly, when by a decree of the senate the consul entered the city in an ovation, rude verses in couplets were thrown out with military licence; in which the consul was severely handled, whilst the name of Mænius was cried up with encomiums, when at every mention of the tribune the attachment of the surrounding people vied by their applause and commendation with the loud praises of the soldiers. And that circumstance occasioned more anxiety to the patricians, than the wanton raillery of thesoldiers against the consul, which was in a manner a usual thing; and the election of Mænius among the military tribunes being deemed as no longer questionable, if he should become a candidate, he was kept out of it by an election for consuls being appointed.
54
Cneius Cornelius Cossus and Lucius Furius Medullinus were elected consuls. The commons were not on any other occasion more dissatisfied at the election of tribunes not being conceded to them. This sense of annoyance they both manifested at the nomination of quæstors, and avenged by then electing plebeians for the first time as quæstors; so that in electing four, room was left for only one patrician; whilst three plebeians, Quintus Silius, Publius Aelius, and Publius Pupius, were preferred to young men of the most illustrious families. I learn that the principal advisers of the people, in this so independent a bestowing of their suffrage, were the Icilii, three out of this family most hostile to the patricians having been elected tribunes of the commons for that year, by their holding out the grand prospect of many and great achievements to the people, who became consequently most ardent; after they had affirmed that they would not stir a step, if the people would not, even at the election of quæstors, the only one which the senate had left open to the commons and patricians, evince sufficient spirit to accomplish that which they had so long wished for, and which was allowed by the laws. This therefore the people considered an important victory; and that quæstorship they estimated not by the extent of the honour itself; but an access seemed opened to new men to the consulship and the honours of a triumph. The patricians, on the other hand, expressed their indignation not so much at the honours of the state being shared, but at their being lost; they said that, "if matters be so, children need no longer be educated; who being driven from the station of their ancestors, and seeing others in the possession of their dignity, would be left without command or power, as mere salii and flamens, with no other employment than to offer sacrifices for the people." The minds of both parties being irritated, since the commons had both assumed new courage, and had now three leaders of the most distinguished reputation for the popular side; the patricians seeing that the result of all the elections would be similar to that for quæstors,wherever the people had the choice from both sides, strove vigorously for the election of consuls, which was not yet open to them. The Icilii, on the contrary, said that military tribunes should be elected, and that posts of honour should be at length imparted to the commons.
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But the consuls had no proceeding on hand, by opposing which they could extort that which they desired; when by an extraordinary and favourable occurrence an account is brought that the Volscians and Æquans had proceeded beyond their frontiers into the Latin and Hernican territory to commit depredations. For which war when the consuls commence to hold a levy in pursuance of a decree of the senate, the tribunes then strenuously opposed them, affirming that such a fortunate opportunity was presented to them and to the commons. There were three, and all very active men, and of respectable families, considering they were plebeians. Two of them choose each a consul, to be watched by them with unremitting assiduity; to one is assigned the charge sometimes of restraining, sometimes of exciting, the commons by his harangues. Neither the consuls effected the levy, nor the tribunes the election which they desired. Then fortune inclining to the cause of the people, expresses arrive that the Æquans had attacked the citadel of Carventa, the soldiers who were in garrison having straggled away in quest of plunder, and had put to death the few left to guard it; that others were slain as they were returning to the citadel, and others who were dispersed through the country. This circumstance, prejudicial to the state, added force to the project of the tribunes. For, assailed by every argument to no purpose that they would then at length desist from obstructing the war, when they yielded neither to the public storm, nor to the odium themselves, they succeed so far as to have a decree of the senate passed for the election of military tribunes; with an express stipulation, however, that no candidate should be considered, who was tribune of the people that year, and that no one should be re-elected plebeian tribune for the year following; the senate undoubtedly pointing at the Icilians, whom they suspected of aiming at the consular tribuneship as the reward of their turbulent tribuneship of the commons. Then the levy began to proceed, and preparations for war began to be made with the concurrence of all ranks. The diversity of the statements of writers leaves it uncertain whether both the consuls set out for the citadel of Carventa, or whether one remained behind to hold the elections; those facts in which they do not disagree are to be received as certain, that they retired from the citadel of Carventa, after having carried on the attack for a long time to no purpose: that Verrugo in the Volscian country was taken by the same army, and that great devastation had been made, and considerable booty captured both amongst the Æquans and in the Volscian territory.
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At Rome, as the commons gained the victory so far as to have the kind of elections which they preferred, so in the issue of the elections the patricians were victorious; for, contrary to the expectation of all, three patricians were elected military tribunes with consular power, Caius Julius Julus, Publius Cornelius Cossus, Caius Servilius Ahala. They say that an artifice was employed by the patricians (with which the Icilii charged them even at the time); that by intermixing a crowd of unworthy candidates with the deserving, they turned away the thoughts of the people from the plebeian through the disgust excited by the remarkable meanness of some. Then tidings are brought that the Volscians and Æquans, whether the retention of the citadel of Carventa raised their hopes, or the loss of the garrison at Verrugo excited their resentment, united in making preparations for war with the utmost energy: that the Antians were the chief promoters of the project; that their ambassadors had gone about the states of both these nations, upbraiding their dastardly conduct; that shut up within their walls, they had on the preceding year suffered the Romans to carry their depredations throughout their country, and the garrison of Verrugo to be overpowered. That now not only armed troops but colonies also were sent into their territories; and that not only the Romans distributed among themselves and kept their property, but that they had made a present to the Hernici of Ferentinum what had been taken from them. After their minds were inflamed by these remonstrances, according as they made applications to each, a great number of young men were enlisted. Thus the youth of all the states were drawn together to Antium: there they pitched their camp and awaited the enemy. When these accounts are reported at Rome with much greater alarm than the circumstance warranted, the senate instantly ordered adictator to be nominated, which was their last resource in perilous circumstances. They say that Julius and Cornelius were much offended at this proceeding, and that the matter was accomplished with great warmth of temper: when the leading men of the patricians, complaining fruitlessly that the military tribunes would not conform to the judgment of the senate, at last appealed even to the tribunes of the commons, and stated that force had been used even with the consuls by that body on a similar occasion. The plebeian tribunes, overjoyed at the dissension among the patricians, said, "that there was no support in persons who were not held in the rank of citizens, nor even of human beings; if ever the posts of honour were open, and the administration of government were shared, that they should then see that the decrees of the senate should not be invalidated by the arrogance of magistrates; that in the mean while, the patricians, unrestrained as they were by respect for laws or magistrates, must manage the tribunitian office also by themselves."
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This contention occupied men's thoughts at a most unseasonable time, when a war of such importance was on hand: until when Julius and Cornelius descanted for a long time by turns, on "how unjust it was that a post of honour conferred on them by the people was now to be wrested from them, since they were generals sufficiently qualified to conduct that war." Then Ahala Servilius, military tribune, says, "that he had remained silent for so long a time, not because he was uncertain as to his opinion, (for what good citizen can separate his own interests from those of the public,) but because he wished that his colleagues should of their own accord yield to the authority of the senate, rather than suffer the tribunitian power to be suppliantly appealed to against them. That even then, if circumstances permitted, he would still give them time to retract an opinion too pertinaciously adhered to. But since the exigences of war do not await the counsels of men, that the public weal was of deeper importance to him than the good will of his colleagues, and if the senate continued in the same sentiments, he would, on the following night, nominate a dictator; and if any one protested against a decree of the senate being passed, that he would be content with its authority."[158]When by this conduct he bore away the well-merited praises and good will of all, having named Publius Cornelius dictator, he himself being appointed by him as master of the horse, served as an instance to those who considered his case and that of his colleagues, how much more attainable public favour and honour sometimes were to those who evinced no desire for them. The war was in no respect a memorable one. The enemy were beaten at Antium in one, and that an easy battle; the victorious army laid waste the Volscian territory; their fort at the lake Fucinus was taken by storm, and in it three thousand men made prisoners; the rest of the Volscians being driven within the walls, and not defending the lands. The dictator having conducted the war in such a manner as to show that he was not negligent of fortune's favours, returned to the city with a greater share of success than of glory, and resigned his office. The military tribunes, without making any mention of an election of consuls, (through pique, I suppose, for the appointment of a dictator,) issued a proclamation for the election of military tribunes. Then indeed the perplexity of the patricians became still greater, as seeing their cause betrayed by their own party. Wherefore, as on the year before, by bringing forward as candidates the most unworthy individuals from amongst the plebeians, they produced a disgust against all, even those who were deserving; so then by engaging such of the patricians as were most distinguished by the splendour of their character and by their influence to stand as candidates, they secured all the places; so that no plebeian could get in. Four were elected, all of them men who had already served the office, Lucius Furius Medullinus, Caius Valerius Potitus, Numerius Fabius Vibulanus, Caius Servilius Ahala. The last had the honour continued to him by re-election, as well in consequence of his other deserts, as on account of his recent popularity, acquired by his singular moderation.
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In that year, because the term of the truce with the Veientian nation was expired, restitution began to be demanded through ambassadors and heralds, who on coming to the frontiers were met by an embassy from the Veientians. They requested that they would not proceed to Veii, untilthey should first have access to the Roman senate. They obtained from the senate, that, because the Veientians were distressed by intestine dissension, restitution would not be demanded from them; so far were they from seeking, in the troubles of others, an opportunity for advancing their own interest. In the Volscian territory also a disaster was sustained in the loss of the garrison at Verrugo; where so much depended on time, that when the soldiers who were besieged there, and were calling for succour, might have been relieved, if expedition had been used, the army sent to their aid only came in time to surprise the enemy, who were straggling in quest of plunder, just after their putting [the garrison] to the sword. The cause of the dilatoriness was less referrible to the tribunes than to the senate, who, because word was brought that they were holding out with the most vigorous resistance, did not duly reflect that there is a limit to human strength, which no bravery can exceed. These very gallant soldiers, however, were not without revenge, both before and after their death. In the following year, Publius and Cneius Cornelius Cossus, Numerius Fabius Ambustus, and Lucius Valerius Potitus, being military tribunes with consular power, the Veientian war was commenced on account of an insolent answer of the Veientian senate, who, when the ambassadors demanded restitution, ordered them to be told, that if they did not speedily quit the city and the territories, they should give them what Lars Tolumnius had given them. The senate, indignant at this, decreed that the military tribunes should, on as early a day as possible, propose to the people the proclaiming war against the Veientians. When this was first made public, the young men expressed their dissatisfaction. "That the war with the Volscians was not yet over; that a little time ago two garrisons were utterly destroyed, and that [one of the forts] was with great risk retained. That there was not a year in which they had not to fight in the field: and, as if they were dissatisfied at the insufficiency of these toils, a new war was now set on foot with a neighbouring and most powerful nation, who were likely to rouse all Etruria." These discontents, first discussed among themselves, were further aggravated by the plebeian tribunes. These constantly affirm that the war of the greatest moment was that between the patricians and commons. That the latterwas designedly harassed by military service, and exposed to be butchered by the enemy; that they were kept at a distance from the enemy, and as it were banished, lest during the enjoyment of rest at home, mindful of liberty and of establishing colonies, they may form plans for obtaining some of the public land, or for giving their suffrages freely; and taking hold of the veterans, they recounted the campaigns of each, and their wounds and scars, frequently asking what sound spot was there on their body for the reception of new wounds? what blood had they remaining which could be shed for the commonwealth? When by discussing these subjects in private conversations, and also in public harangues, they produced in the people an aversion to undertaking a war, the time for proposing the law was adjourned; which would obviously have been rejected, if it had been subjected to the feeling of discontent then prevailing.