FOOTNOTES:

Some writers affirm, that this war was conducted by the consuls, and that they triumphed over the Samnites; and also, that Fabius advanced into Apulia, and carried off from thence abundance of spoil. But that Aulus Cornelius was dictator that year is an undisputed fact. The question then is, whether he was appointed for the purpose of conducting the war, or on occasion of the illness of Lucius Plautius, the prætor; in order that there might be a magistrate to give the signal for the starting of the chariots at the Roman games. This latter is asserted of him; and that after performing the business, which in truth reflected no great lustre on his office,he resigned the dictatorship. It is not easy to determine between either the facts or the writers, which of them deserves the preference: I am inclined to think that history has been much corrupted by means of funeral panegyrics and false inscriptions on statues; each family striving by false representations to appropriate to itself the fame of warlike exploits and public honours. From this cause, certainly, both the actions of individuals and the public records of events have been confused. Nor is there extant any writer, contemporary with those events, on whose authority we can with certainty rely.

FOOTNOTES:[1]"Employ myself to a useful purpose,"—facere operæ pretium, "to do a thing that is worth the trouble,"—"to employ oneself to a good purpose."—See Scheller's Lat. Lexicon.[2]"A practice,"—rem.—Some, as Baker, refer it tores populi R.Others, as Stroth, tores pop. Rom. perscribere.[3]"My share,"—pro virili parte, or, "to the best of my ability."[4]"Historians."—Those mentioned by Livy himself are Q. Fabius Pictor, Valerius Antias, L. Piso, Q. Ælius Tubero, C. Licinius Macer, Cœlius, Polybius, etc.[5]"Hastening to these later times."—The history of the recent civil wars would possess a more intense interest for the Romans of the Augustan age.[6]"From every care,"—the fear of giving offence by expressing his opinions freely, and the sorrow, which, as a patriot, he could not but feel in recording the civil wars of his countrymen.[7]"Acquired."—This refers to the whole period antecedent to the time when Ap. Claudius carried the Roman arms beyond Italy against the Carthaginians; (2)extended, from that time till the fall of Carthage; (3)sinking, the times of the Gracchi; (4)gave way more and more, those of Sulla; (5)precipitate, those of Cæsar; (6)the present times, those of Augustus after the battle of Actium.—Stocker.[8]Æneas, being now deified, could not be called by his human name; and in speaking of his being buried, it would be improper to name him by his divine title.—— Indigetem. He is called by Dionysius Χθόνιος Θεός.[9]Forte quádam divinitus. θείᾳ τινι τύχῃ. Plut.[10]Scil. "The Pallantean."[11]By all his inquiries he arrived at the same conclusion as before, viz. that they were his grand-children.[12]According to Cato, Rome was founded on the day of thePalilia, the 11th of the Calends of May, in the first year of the 7th Olympiad, and 751 B.C. This is two years short of Varro's computation.[13]He taught the Italians to read and write.[14]Apparitores hoc genus. There is something incorrect in the language of the original here. In my version I have followed Drakenborch. Walker, in his edition, proposes to readutforet; thus,quibus ut apparitores et hoc genus ab Etruscis —— numerum quoque ipsum ductum placet, "who will have it, that as public servants of this kind, so was their number also, derived from the Etrurians."[15]The population at that time consisted of not more than 3,000 foot, and less than 300 horse. At the death of Romulus, it is said to have amounted to 46,000 foot and almost 1,000 horse.[16]τὸ μεταξὺ χωρίον τοῦ τε Καπιτωλίου καὶ τῆς ἄκρας ὅ καλεῖται νῦν κατὰ τὴν Ῥωμαίων διάλεκτον μεθόριον δυοῖν δρυμῶν. Dio. ii. 15.[17]Ex industria—deditâ operá—ἀπὸ παρασκευῆς.[18]Two, one by A. Cornelius Cossus for slaying L. Tolumnius, king of Veii,u. c.318, another by M. Claudius Marcellus, for killing Viridomarus, king of the Gauls,u. c.532.[19]Nepotum et liberûm progeniem= Nepotes et liberos,—ὕιες Ἀχαιων = οἵ Ἀχαιοι.[20]The original has undergone various changes here: my version coincides with the reading,locis circà densa obsita virgulta obscuris.[21]Although, according to the terms of the alliance, the Sabines and the Romans were to be in all respects on an equal footing.[22]The order of the people still requires the sanction of the senate for its ratification: but that sanction now being given beforehand, the order of the people is no longer subject to the control of the senate, and therefore not precarious as heretofore.[23]Ex quibus locis, quæ fama in Sabinos, aut quo linguæ commercio —— quenquam excivisset. "From which (remote) places, what high character of him (could have reached) to the Sabines, or by what intercourse of language could such high character of him have aroused any one to become a pupil?" Other editions readquâ famâ; thus, from which places by what high character for talent, or by what intercourse of language, could he, Pythagoras, have aroused any one, etc.?[24]Romulus had made his year to consist of ten months, the first month being March, and the number of days in the year being only 304, which corresponded neither with the course of the sun or moon. Numa, who added the two months of January and February, divided the year into twelve months, according to the course of the moon. This was the lunar Greek year, and consisted of 354 days. Numa, however, adopted 355 days for his year, from his partiality to odd numbers. The lunar year of 354 days fell short of the solar year by 11-1/4 days;—this in 8 years amounted to (11-1/4 × 8) 90 days. These 90 days he divided into 2 months of 22 and 2 of 23 days, ([2 × 22] + [2 × 23] = 90,) and introduced them alternately every second year for two octennial periods: every third octennial period, however, Numa intercalated only 66 days instead of 90 days,i. e.he inserted 3 months of only 22 days each. The reason was, because he adopted 355 days as the length of his lunar year instead of 354, and this in 24 years (3 octennial periods) produced an error of 24 days; this error was exactly compensated by intercalating only 66 days (90-24) in the third octennial period. The intercalations were generally made in the month of February, after the 23rd of the month. Their management was left to the pontiffs—ad metam eandem solis unde orsi essent—dies congruerent; "that the days might correspond to the same starting-point of the sun in the heavens whence they had set out." That is, taking for instance the tropic of Cancer for the place or starting-point of the sun any one year, and observing that he was in that point of the heavens on precisely the 21st of June, the object was so to dispense the year, that the day on which the sun was observed to arrive at that samemetaor starting-point again, should also be called the 21st of June:—such was thecongruityaimed at by these intercalations.[25]Ille nefastus erit per quem tria verba silentur;Fastus erit, per quem lege licebit agi.—Ov. F. i. 47.[26]Ancilia, from ἄγκυλος.[27]Pontificem, scil. Maximum.[28]Eliciunt cœlo te, Jupiter: unde minoresNunc quoque te celebrant, Eliciumque vocant.Ov. F. iii. 327.[29]Cum ipsi se —— formarent, tum finitimi etiam, etc. Some of the editors of Livy have remarked on this passage, thatcumwhen answering totummay be joined to a subjunctive, as here; the fact however is, thatcumhere does not answer totumat all;cumis here "whilst,"—and so necessarily requires the verb to be in the subjunctive mood.[30]Mettus. Gronovius and Bekker readMettius; Niebuhr also prefersMettius; he conceives that the Latinprænominaand the Romannominaterminated inius.[31]Injurias et non redditas, etc. The construction is,et ego videor audisse regem nostrum Cluilium (præ se ferre) injurias et non redditas res ... nec dubito te ferre eadem præ te, Tulle.[32]Three brothers born at one birth. Dionys. iii. 14, describes them as cousin-germans. Vid. Wachsmuth, p. 147. Niebuhr, i. p. 342.[33]The order is:fortuna patriæ deinde futura ea quam ipsi f. (animo obvers.); the fortune of their country, the high or humble character of which for the future depended on their exertions on that occasion.[34]The two Roman champions, we have seen, fell in the one place,super alium alius; consequently were buried together; whilst the Curiatii fell in different places, as Horatius contrived to separate them to avoid their joint attack.[35]Perduellio, (duellum, bellum,) high treason against the state or its sovereign; but in those times any offence deserving capital punishment was included under that of treason,Qui Horatio perduellionem judicent, to pass sentence on Horatius, as being manifestly guilty of murder; not to try whether he was guilty or not.[36]Duumviri, etc. Niebuhr considers these to be the very words of the old formula.[37]If the sentence (of the duumviri) be confirmed by the people.[38]The letter of the law allowed of no justification or extenuation of the fact. It left no alternative to the judge.[39]He kindly pointed out the loop-hole in the law, which left an opening for the culprit's acquittal.[40]By the laws of Romulus, a father had the power of life and death over his children.[41]The part which he reserves for himself and the Albans is to play the traitors to Tullus in the hour of need, wearing meanwhile the mark of friendship to Rome.[42]The fact is, that the subject population rose up against the Roman colonists, drove them out of the town, and asserted their independence. Nieb. i. 24. 5.[43]The Tiber and the Anio.[44]Erigit—"he makes it halt," from the Frenchfaire alte, or formerlyhaut, because soldiers then stand upright and hold their spears erect.[45]Præcones ab extremo. At the farther part of the Roman camp, where it joined that of the Albans.[46]As well as by the orders issued by Tullus.[47]Malitiosam. Την ὕλην καλουμένην Κακοῦργον. Dio. iii.[48]The Lucumones were a class of persons among the Etrurians of a warlike sacerdotal character, patricians, not kings. Vid. Niebuhr, i. p. 372.[49]In my version of this passage I have followed the reading,et pleraque in ratibus, impacta sublicis quum hærerent, p. i. The burning logs were not sent down the river one by one, but were placed on rafts, so that being incapable of passing on between the piers of the bridge, they firmly stuck there, and burnt the bridge. This mode of interpretation is confirmed by Dion. iii. 5, 6. The bridge here meant is the one built by the Sabines at the confluence of the Anio and the Tiber——Another reading is,pleraque in ratibus impacta subliciis quam hærerent, "most of them being driven against the boats, resting on piles, stuck there," &c.[50]The hundredth year. 138 years had elapsed since the death of Romulus: they diminish the number of years designedly, to make the matter appear still worse.[51]Son-in-law. Why not one of his two sons, Lucius and Aruns? Dio. iv. 1. If these were not his grandchildren rather, they must have been infants at the time. Dio. iv. 4, 6.—At this time infants could not succeed to the throne.—Ruperti.[52]This sentence has given some trouble to the commentators.—Some will have it that three distinct reasons are given for assassinating Tarquinius rather than Servius Tullius, and that these are severally marked and distinguished byet—et—tum, the second only havingquia.—Stroth will have it that only two reasons are assigned, one, why the king should be killed, and the other, why Servius Tullius should not be killed, arising from the danger and uselessness of the act—the former has not aquia, because it was a fact, (et injuriæ dolor, &c.,) while the latter has it in the first part (the danger,et quia gravior, &c.,quiabeing understood also before the other, the uselessness,tum,Servio occiso, &c.) because it contained the reasoning of the youths. Doering says there were only two powerful reasons, revenge and fear, and a ratio probabilis introduced bytum; which has the force of insuper. According to Dr. Hunter, there are two formal assertions, one, that resentment stimulated the sons of Ancus against the king himself; the other, that the plot is laid for the king himself upon two considerations, of reason and policy.[53]Bypublic—private. The "public" were the steps taken by Servius to establish his political ascendency, whilst the "private" refer to those intended to strengthen his family connexions.[54]The truce had now expired.If the truce concluded with them by Romulus be here meant, it was long since expired, since about 140 years had now elapsed. It is probable, however, that it was renewed in the reign of Tullius.[55]Varro, de L.L. iv. 36, thinks, on the contrary, thattributumwas so called, as being paid by thetribes.[56]Temple of Diana. Built on the summit of the Aventine mount towards the Tiber. On its brazen pillar were engraved the laws of the treaty, and which were still extant in the time of Augustus.[57]This is noticed as the first trace of the Agrarian division by Niebuhr, i. p. 161.[58]His son. Dionysius will have it that he was the grandson. See Nieb. i. p. 367.[59]Younger families. These had been brought into the senate, as we have seen, by Tarquinius Priscus, and consequently favoured the Tarquinian interest. Nieb. i. p. 372.[60]To resign. Niebuhr is of opinion that what is said regarding the Commentaries of Servius Tullius, chap. 60, has reference to this.[61]Hurdle, a mode of punishment in use among the Carthaginians. See Tac. Germ. 12. Similar to the Greek, Καταποντισμός.[62]His degeneracy—degeneratum. This use of the passive participle is of frequent occurrence in Livy.[63]The principal sewer—thecloaca maxima. This is attributed to Tarquinius Priscus by several writers. Dio. iii. 67, states that it was he who commenced it. See Plin. H. N. xxxvi. Nieb. i. p. 385.[64]To do so, and that quickly,—a use of the participlesfactoandmaturatosimilar to that already noticed in chap. 53,degeneratum.[65]All were calledPatres conscripti. Scil. Patres et Conscripti, the conjunction being omitted. Nieb. i. p. 517.[66]Collatinus is supposed to have earned the odium of the people, and his consequent expulsion from Rome, by his endeavours to save his nephews, the Aquillii, from punishment.[67]Niebuhr will have it that Brutus punished his children by his authority as a father, and that there was no appeal to the people from the father. See Nieb. i. p. 488.[68]Animo patris, the strength of his mind, though that of a father, being even more conspicuous, &c. So Drakenborch understands the passage,—this sternness of mind, he says, though he was their father, was a more remarkable spectacle than his stern countenance. This character of Brutus, as inferrible from the words thus interpreted, coincides with that given of him by Dionysius and others. I prefer understanding the passage with Crevier, scil. symptoms of paternal affection to his children displaying themselves during the discharge of his duty in superintending the public punishment inflicted on them.[69]Previously, by the institution of Servius, only such manumitted slaves were admitted to the rights of citizenship as were registered by their masters in the census.[70]Uno plus Tuscorum.Ὡς ἑνὶ πλείους ἐν τῇ μάχῃ τεθνήκασι Τυῤῥηνῶν ἢ Ῥωμαίων.[71]A year, scil. of ten months.[72]The Horatii being of theminores patres. Nieb. i. p. 533.[73]Funesta familia, as having in it an unburied corpse. Thus Misenus, whilst unburied,incestat funere classem. Virg. Æn. vi. 150.[74]He here rejected the omen. Cic. i. 7, 14.; auguria autoblativasunt, quæ non poscuntur, autimpetrativa, quæ optata veniunt. The latter could not be rejected.[75]Lar. This is generally understood to have been a title of honour equivalent to our termLord.[76]Arbitriumsignifies not only the "privilege," but the "rent" paid for such privilege, or right of monopoly.[77]Was all taken into the hands of government. In my version of this passage I have conformed to the emendation of the original first proposed by Gronovius, and admitted by Stroth and Bekker; scil.in publicum omne sumptum.—They did not let these salt-works by auction, but took them into their own management, and carried them on by means of persons employed to work on the public account. These salt-works, first established at Ostia by Ancus, were, like other public property, farmed out to the publicans. As they had a high rent to pay, the price of salt was raised in proportion; but now the patricians, to curry favour with the plebeians, did not let the salt-pits to private tenants, but kept them in the hands of public labourers, to collect all the salt for the public use; and appointed salesmen to retail it to the people at a cheaper rate. See Stocker's ed.[78]The origin. Niebuhr mentions a more probable one. See Nieb. i. p. 541; ii. p. 204.[79]Niebuhr thinks, that from this defeat of the Etrurians may be dated the commencement of the recovery of their liberty by the Romans, and that the flight of the Roman hostages, the sale of Porsena's goods, &c. were subsequent to it.[80]Nec quibus consulibus parum creditum sit, scil. fides non habita fuerit. Arnold in his Roman Hist. considers this to have been the true cause of creating a dictator.[81]Eo magis quod propter se.From this one would be disposed to suspect that the dictator was created to take on him the management of war. See Nieb. p. 553, and Niebhr. Epit. by Twiss, Append. p. 355.[82]By giving up the advantage of their horses, and forgetting their superiority of rank.[83]Qui consules secundum quosdam, who were the consuls that came after certain consuls.[84]The determination of the plebeians and senators.[85]rem non vulgabat, was not for extending the relief to all.[86]i. e. by deepening the files.[87]"On the opposite side." Gronovius proposes instead ofadversusto readaversas: scil. the valleys behind them, or in their rear.[88]I have here adopted the reading of Stacker and others, scil.ad terrorem, ut solet, primum ortus.[89]i. e. I think it might have been done; whether it would have been right to do so, it is not so easy to decide. Livy means to say that it was possible enough for the senators, by lowering the price of corn, to get rid of the tribunes, &c. Such a judgment is easily formed; it is not, however, he says, so easy to determine, whether it would have been expedient to follow the advice of Coriolanus.[90]i. e. the senate found themselves reduced to the necessity of delivering one up to the vengeance of the people, in order to save themselves from the further consequences of plebeian rage.[91]The same as the Circenses.[92]Realized—repræsentatas—quasi præsentes factas, oculis subjectas—presented as it were to the sight.—Rasch.[93]Sequius sit—otherwise than as it should be.[94]Audientes secunda iræ verba—attentively listening to words which fanned (or chimed in with) their anger.—St.[95]Scil. Rome. Dionysius narrates the expedition of Coriolanus in a different order from that given by Livy, and says that he approached the city twice. Niebuhr, ii. p. 94, n. 535, thinks that the words "passing across the country into the Latin way" (in Latinam viam transversis itineribus transgressus) have been transposed from their proper place, and that they should come in after "he then took," &c. (tunc deinceps).[96]The triarii were veteran soldiers of approved valour: they formed the third line, whence their name.[97]Before a consul set out on any expedition, he offered sacrifices and prayers in the Capitol; and then, laying aside his consular gown, marched out of the city, dressed in a military robe of state, called Paludamentum.[98]This statement is rejected by Niebuhr entirely.[99]Niebuhr, ii. p. 231, thinks that it was in this year the Icilian law was passed, according to which, any person interrupting the proceedings of the tribunes, rendered himself liable to capital punishment.—Twiss.[100]Several charges were brought against Appius, according to Dion. ix. 54, who also states that he did not die of any disease, but that he laid violent hands on himself.—Ruperti.[101]The original hasplenus suarum—irarum,—that is, the anger not of Appius against the commons, but of the commons against him.[102]Conf. Nieb. ii. n. 754. It may be well to mention that Niebuhr considered that this account regarding the death of Appius was all fictitious. The Greek writers, scil. Dion. ix. 54, Zonar. vii. 17, state that he laid violent hands on himself.[103]In the original we readcoacti extemplo ab senatu. Niebuhr considers this reading to be corrupt, and is satisfied that the correct reading iscoacto extemplo senatu. See ii. n. 555.[104]Additional force of the, &c. Crovier understands this to signify that the Romans did not employ a greater force for besieging Antium, than they had employed the preceding year, and which at that time seemed insufficient for the purpose. Others understand the words to signify that they surrendered without waiting for the Romans to make any additional efforts to take the town.[105]Dederat. Theoratio obliquawould requiredederithere, but such instances of the indicative being used for the subjunctive are by no means infrequent.[106]Justitium—a jure sistendo.[107]According to Stroth, this is the first instance we have of a decree of the senate arming the consul with almost dictatorial power.[108]Pro-consul:—the first mention of a pro-consul in Livy.[109]Of the year,—i.e. the consular year, not the civil one, which commenced in January.[110]A similar measure was adopted at Athens. See Thucyd. ii. 52.[111]Circuitio. Stroth observes, that this is what we understand by 'the Round.'[112]According to Dionysius, the Volsci attacked Rome on this occasion.[113]Aspræfectus urbis.[114]Niebuhr n. 24, 634, would have us readTerentilius, the Roman family names always, he says, ending inius. He also thinks that forArsa, we should readHarsa.[115]Niebuhr, ii. n. 631, asks whether it was worms. Σαρκῶν θραύσματα. Dion. x. 2.[116]The Sibylline books.[117]Niebuhr denies that the tribunes had the power before the establishment of the decemviri to commit patricians to prison. See however Dion. vii. 17.[118]In the original the words are,Medio decreto jus auxilii sui expediunt. The tribunes were afraid lest, if they allowed Cæso to go entirely at large, the commons might become irritated; whilst if they refused to listen to the application of a patrician when he craved their assistance, they feared lest they should lose an excellent opportunity of establishing their influence and increasing their power. By adopting a line of conduct then which conceded something both to the commons and to Cæso, they as it wereextricate(expediunt) their power from this double danger.[119]Vadis publicos. According to Gronovius,publico, scil.plebi. Niebuhr prefers this reading.[120]Rigorously exacted. See Niebuhr ii. p. 289, who expresses a different opinion on the matter.[121]Incerto hoste, it being as yet uncertain who the enemy was.[122]Fidem abrogare,—non habere fidem, non credere.Non credendohere seems superfluous.[123]Forgetful of the consular, &c.—i.e. forgetful of the limits of the consular authority; acting in the same manner as if its power were unbounded, and admitted no appeal.[124]Niebuhr thinks that Cæso was among the number. See cap. 25, where we read "Cæsonem neque Quintiæ familiæ, neque reipublicæ restitui posse." Comp. Niebuhr ii. n. 673, Wachsmuth, p. 347.[125]The consuls under ordinary circumstances used to commence their office at this time on the Calends of August.[126]Neque sacri neque sancti. Whatever is consecrated by religion is said to besacrum; whilstsanctumis said of that which the law states to be inviolable.[127]Exercitu relictois the ordinary reading. Crevier observes thatreductois the more correct.[128]This account does not seem to be correct. See Niebuhr ii. p. 254.[129]Ni ita esset, a legal form of expression, amounting in this place to "if Volscius attempted to deny it."Privatim. Besides the quæstors who by virtue of their office were to prosecute Volscius, many persons on their own account, and on their private responsibility, cited him into court, and challenged him to discuss the case before a judge. A prosecutor was saidferre judicem res, when he proposed to the accused person some one out of thejudices selecti, before whom the case might be tried; if the accused person consented to the person named by prosecutor, then the judge was saidconvenisse, to have been agreed on. Sometimes the accused was allowed to select his own judge,judicem dicere. When both the prosecutor and the accused agreed as to the judge, they presented a joint petition to the prætor that he would appoint (ut daret) that person to try the cause; at the same time they both bound themselves to pay a certain sum, the one if he did not establish his charge,ni ita esset; the other if he did not prove his innocence.[130]Comitia, i. e.curiata, which exercised authority in the cases of persons accused of inflicting injuries on the patricians.[131]Ad prohibenda circumdari opera. Stroth observes that it should be more properlyad prohibenda circumdanda opera, i. e. ad prohibendum, ne opera circumdarentur.[132]Consulare, imperium tribunicio auxilio.—The consuls possessedimperium. The tribunes could not be said to possess it. Their province was confined toauxilii latio, sc. adversus consules.[133]It is extraordinary that Livy makes no mention here of Siccius Dentatus, and his strenuous exertions in endeavouring to carry the agrarian law, as well as of his angry contentions with the consuls. For his character, see Dion. x. 31, 32.[134]Impedimentum. The fact of his presiding at the meeting should have been a bar to his being elected a decemvir.[135]Niebuhr will have it that five of these were of plebeian rank.[136]Impotentibus, sc. immoderatis—rari aditus, the genitive singular.—Stroth.[137]Nec attinuisse demi securim, quum sine provocatione creati essent, interpretabantur. Valerius Publicola had introduced the custom of not having the axes tied up with the fasces when carried before the consuls in the city. But the decemvirs said that this was, because an appeal from the consuls to the people was allowed. Whence, since their jurisdiction allowed of no appeal, theyinterpreted, i. e. by interpreting the meaning or intention of this custom, they concluded that they were not bound by it, and that there was no reason why they should remove the axes from the fasces.—Crev.[138]Provocatione—intercessionem. Theprovocatiowas to the people, whilst theintercessioreferred to the decemvirs against a colleague.[139]Quum fortuna, qua quicquid cupitum foret, potentioris esset. Stroth considers this passage to be corrupt: he proposes to readcum fortuna, so thatportentioris essetmay refer toquicquid cupitum foret, i. e. with such favourable success, that every thing which the more powerful person might covet, became his.[140]Inhibendum, sc.adhibendum—the terminhibeooccurs frequently in this sense, as below,imperioque inhibendo. The adjectiveimminutisalso refers evidently tohonoris insignibus.—Stroth.[141]The words are,quum et ipsi invisum consensu imperium, et plebs, quid privatis jus non esset vocandi senatum, non convenire patres interpretarentur, i. e. while, on the one hand, the decemvirs themselves accounted for the staying away of the senators from the meeting, by the fact of their (the decemvirs') government being disliked by them; whilst, on the other hand, the commons accounted for the non-appearance of the senators by the fact, that being now mere private citizens, their time of office being passed, they (the decemvirs) had no right whatever to convene the senate.—Stroth.[142]The senators were obliged to attend the meeting of the senate when convened by the magistrate; otherwise a fine was imposed, to insure the payment of which pledges were exacted, which were sold in case of non-payment. See Cicero de Orat. iii. 1. Philip. i. 5.[143]In the original the words are:quod iis qui jam magistratu abissent, privatisque, si vis abesset, &c., i. e. who differed in no other respect from mere private citizens, except that they had recourse to violence, which it was competent for the magistrate only to do.[144]Livy's own account of the matter does not justify this claim of the Horatii to having been at the head of the revolution which banished the kings. But Dionysius of Halicarnassus informs us that it was Marcus Horatius who made the army revolt against Tarquinius Superbus, and that the same in his second consulate rendered unavailing all the efforts of Porsenna to restore the Tarquins.[145]The original here is rather obscure.Aut socii, aut hi maxime.Crevier prefers to readaut soli aut hi maxime. Stroth explainssocii, se socios præbendo.[146]Appius here contrasts two classes of persons, one consisting of individuals, who are in their own power; the other, of those who are notsui juris, but are under the control either of a parent, or some other person. If the question arise concerning a person who issui juris, whether he is to be consigned to slavery, or to be restored to liberty, then "id juris esse," sc. that he remain free till the decision is made,because any person, as beinghomo sui juris, and consequently he himself, "may proceed by law;" but he says, that this does not hold good with respect to a person who is notsui juris, but is in the hands of others; such a person, he says, cannot be pronounced free, but must be subject to the power, either of the parent or master, so that no injury be done to either. Wherefore, since the girl is notsui juris, she must be in the power, either of Virginius, who says he is her father, or of Claudius, who says he is her master. But since Virginius is not present, that she can be in the power of no one but Claudius, until Virginius arrive.I cannot resist the temptation of giving in full Mr. Gunn's note on the passage, as found in his very neat edition of our author."Appius for his own purposes, in interpreting his own law, introduces a distinction betwixt those who weresui juris, entirely free, and those who were subject to thepatria potestas. The law, according to him, can apply only to the former, because in them only is there a true claim for liberty, and in them only could a judge give an interim decisionsecundum libertatem. To give such a decision in favour of Virginia, would be avariatio personarum; it would be introducing as entitled to the benefit of the law a class of persons, who were, even according to their own statements, not entitled tovindiciæ secundum libertatem. Besides, and most important of all, the law could act in the former, as any citizen was entitled to plead the cause of one presumptively free. But in this case no one could plead, but either the father as master on the one hand, or the alleged master on the other: as the father was not present, consequently no one had any legal claim to urge the law."[147]Si nec causis nec personis variet.Sc. lex variet. Some understandlibertasas the nominative to variet.[148]Because any person. "As the law permits any strangers to interpose in vindicating an individual's liberty, they have an undoubted right so to do. But the question is not whether this maiden is free: that she cannot be in any case; for she belongs either to her father or her master. Now as her father is not present to take charge of her, no one here but her master can have any title to her." Appius argues that he could not pronounce in favour of her temporary liberty, without prejudice to her father's right and power over her: as there was no one present, who claimed a legal right to the possession of her but M. Claudius, the judge had no alternative but to award her during the interim to his safe keeping.—Stocker.[149]Sureties—sponsores. The preliminary bail.[150]He passed a sentence, &c. In the original it is, "decresse vindicias secundum servitutem." This decision relates to the definitive bail. Appius the day before had made up his mind to this decision. He had calculated, however, on the non-appearance of the father; yet did not now choose to be foiled by his unexpected presence.—Stocker.[151]The dress of the citizens.[152]Two classes of persons are here intended: 1. Those who accompanied Virginius into the camp. 2. Others who followed them subsequently.[153]In the performance of such rites, the slightest mistake of a word or syllable was deemed highly inauspicious; to prevent which, the regular form of words was pronounced by a priest, and repeated after him by the persons officiating.[154]Villa publica. It was destined to public uses, such as holding thecensus, or survey of the people, the reception of ambassadors, &c.[155]ærarium facere, signifies to strip a person of all the privileges of a citizen, on which he becamecivis ærarius, a citizen only so far as he paid taxes.[156]Senators.Niebuhr, ii. note 995, seems to doubt whether these belonged to single cities or were the senators of the entire Volscian nation.[157]Fines. The fines imposed in early times were certain numbers of sheep or oxen; afterwards it was ordered by law that these fines should be appraised and the value paid in money. Another law fixed a certain rate at which the cattle should be estimated, 100 asses for an ox, 10 for a sheep.[158]The passing of asenatus-consultum, or decree of the senate, might be prevented in several ways; as, for instance, by the want of a sufficiently full meeting, &c.; in such cases the judgment of the majority was recorded, and that was calledauctoritas senatûs.[159]The reading of the original here is decidedly incorrect. Various emendations have been attempted, but none can be deemed satisfactory.[160]So I have renderedpro se—or it may be rendered, "considering their circumstances," scil. the external circumstances in which they were placed.[161]Expectatione, &c.With confident expectations on the part of his countrymen, rather than simple hope.[162]According to Niebuhr, (vol. ii. p. 233,) this fear put into the mouth of Claudius, is attributable to ignorance or forgetfulness on the part of Livy, of the early usage in the dividing of spoils, which had ceased to be observed in the time of Augustus. According to former Roman usage, half of the conquering army was employed, under the sanction of a solemn oath, to subtract nothing, in collecting the spoil, which was then partly divided by lot, partly sold, and the proceeds, if promised to the soldiers, disbursed to them man by man, if otherwise, it was brought into the treasury. Both schemes mentioned here by Livy, it will be observed, contemplated compensation to the people for the war-tax which they had so long paid; but that of Licinius was more favourable, especially to the poor, as the ordinary citizens would receive equal shares, and the compensation would be direct and immediate.—Gunne.[163]"This vow frequently occurs in Grecian history, like that made of the Persian booty, but this is the only instance in the history of Rome."—Niebuhr, vol. ii. 239.[164]Evocatos. When the Romans besieged a town, and thought themselves sure of taking it, they used solemnly to call out of it the gods in whose protection the place was supposed to be.[165]The idea of the Romans working a mine, even through the soil of Veii, so as to be sure of reaching not only the town and the citadel, and even the temple, is considered by Niebuhr as extremely ridiculous. He deems the circumstance a clear proof of the fiction that attaches to the entire story of the capture of Veii. The whole seems to be an imitation of the siege of Troy.—Gunne.[166]The passage in the original, in the generality of editions, is read as follows:ut eam invidium lenire, quàm minimo suo privato incommodo publicoque, populo Romano liceret: i. e. that both himself and the Roman people may get over the evil consequences of the jealousy of the gods with as little detriment as possible to either:populi Romaniseems preferable here: i. e. "that it might be allowed to lighten that jealousy, by the least possible injury to his own private interest, and to the public interests of the Roman people." There were certainly two persons concerned in theinvidiaandincommodumhere, Camillus himself, and the Roman people; to whom respectively thedamnatio, andelades captæ urbis, afterwards mentioned, obviously refer. Some editions read,invidiam lenire suo privato incommodo, quàm minimo publico populi Romani liceret. This is the reading adopted by Crevier; i. e. "to appease the jealousy by his own private loss, rather than the least public loss." This is more in accordance with the account given of Camillus by Plutarch, and contains a sentiment certainly more worthy both of Livy and of Camillus. Sentiments ascribed by Plutarch to Camillus, will have suo privato incommodo, quam minimo publico P. R., giving him the patriotic wish to render light the odium by his own private loss,rather thanthe least public loss; or, by his own private loss, but if not,byas small a public loss as possible. Pop-liR-i, better thano,o, asliceretwould, in the latter case, apply only to one of the parties; in the former both are understood.[167]"A proposal so absurd would have justified the most vehement opposition of the senate. But it is much more probable, that the scope of the proposition was, that on this occasion the whole of the conquered land should be divided, but amongst the whole nation, so that the patricians also and their clients should receive a share as absolute property."—Neibuhr, vol. ii. p. 248.[168]Niebuhr and Arnold understand these words to signify, that these persons had already made up their minds not to acquit him, or assist him by voting in favour of him—in fact, that they could not conscientiously do so. It may, however, signify simply, that the people were so incensed against him, that there existed not a rational prospect of acquittal for him.[169]In my translation of this passage I have differed from Baker, who thus renders: "thinking, that as his enemies were few in number, their skill was what he had chiefly to guard against." Dureau De Lamalle thus translates: "supposant de la ruse aux ennemis, a raison de leur petit nombre." This is obviously the correct version.[170]The aged were doomed to perish under any circumstances, (utique,) from scarcity of provisions, whether they retired into the Capitol with the military youth, or were left behind in the city.[171]The Novensiles were nine deities brought to Rome by the Sabines: Lara, Vesta, Minerva, Feronia, Concord, Faith, Fortune, Chance, Health. See Niebuhr III. ii. 249.[172]Any noise happening during the taking of the auspices was reckoned inauspicious; hencesilentiumsignified among the augurs, every circumstance being favourable.

[1]"Employ myself to a useful purpose,"—facere operæ pretium, "to do a thing that is worth the trouble,"—"to employ oneself to a good purpose."—See Scheller's Lat. Lexicon.

[2]"A practice,"—rem.—Some, as Baker, refer it tores populi R.Others, as Stroth, tores pop. Rom. perscribere.

[3]"My share,"—pro virili parte, or, "to the best of my ability."

[4]"Historians."—Those mentioned by Livy himself are Q. Fabius Pictor, Valerius Antias, L. Piso, Q. Ælius Tubero, C. Licinius Macer, Cœlius, Polybius, etc.

[5]"Hastening to these later times."—The history of the recent civil wars would possess a more intense interest for the Romans of the Augustan age.

[6]"From every care,"—the fear of giving offence by expressing his opinions freely, and the sorrow, which, as a patriot, he could not but feel in recording the civil wars of his countrymen.

[7]"Acquired."—This refers to the whole period antecedent to the time when Ap. Claudius carried the Roman arms beyond Italy against the Carthaginians; (2)extended, from that time till the fall of Carthage; (3)sinking, the times of the Gracchi; (4)gave way more and more, those of Sulla; (5)precipitate, those of Cæsar; (6)the present times, those of Augustus after the battle of Actium.—Stocker.

[8]Æneas, being now deified, could not be called by his human name; and in speaking of his being buried, it would be improper to name him by his divine title.—— Indigetem. He is called by Dionysius Χθόνιος Θεός.

[9]Forte quádam divinitus. θείᾳ τινι τύχῃ. Plut.

[10]Scil. "The Pallantean."

[11]By all his inquiries he arrived at the same conclusion as before, viz. that they were his grand-children.

[12]According to Cato, Rome was founded on the day of thePalilia, the 11th of the Calends of May, in the first year of the 7th Olympiad, and 751 B.C. This is two years short of Varro's computation.

[13]He taught the Italians to read and write.

[14]Apparitores hoc genus. There is something incorrect in the language of the original here. In my version I have followed Drakenborch. Walker, in his edition, proposes to readutforet; thus,quibus ut apparitores et hoc genus ab Etruscis —— numerum quoque ipsum ductum placet, "who will have it, that as public servants of this kind, so was their number also, derived from the Etrurians."

[15]The population at that time consisted of not more than 3,000 foot, and less than 300 horse. At the death of Romulus, it is said to have amounted to 46,000 foot and almost 1,000 horse.

[16]τὸ μεταξὺ χωρίον τοῦ τε Καπιτωλίου καὶ τῆς ἄκρας ὅ καλεῖται νῦν κατὰ τὴν Ῥωμαίων διάλεκτον μεθόριον δυοῖν δρυμῶν. Dio. ii. 15.

[17]Ex industria—deditâ operá—ἀπὸ παρασκευῆς.

[18]Two, one by A. Cornelius Cossus for slaying L. Tolumnius, king of Veii,u. c.318, another by M. Claudius Marcellus, for killing Viridomarus, king of the Gauls,u. c.532.

[19]Nepotum et liberûm progeniem= Nepotes et liberos,—ὕιες Ἀχαιων = οἵ Ἀχαιοι.

[20]The original has undergone various changes here: my version coincides with the reading,locis circà densa obsita virgulta obscuris.

[21]Although, according to the terms of the alliance, the Sabines and the Romans were to be in all respects on an equal footing.

[22]The order of the people still requires the sanction of the senate for its ratification: but that sanction now being given beforehand, the order of the people is no longer subject to the control of the senate, and therefore not precarious as heretofore.

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

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

[25]Ille nefastus erit per quem tria verba silentur;Fastus erit, per quem lege licebit agi.—Ov. F. i. 47.

[25]

Ille nefastus erit per quem tria verba silentur;Fastus erit, per quem lege licebit agi.—Ov. F. i. 47.

[26]Ancilia, from ἄγκυλος.

[27]Pontificem, scil. Maximum.

[28]Eliciunt cœlo te, Jupiter: unde minoresNunc quoque te celebrant, Eliciumque vocant.Ov. F. iii. 327.

[28]

Eliciunt cœlo te, Jupiter: unde minoresNunc quoque te celebrant, Eliciumque vocant.

Ov. F. iii. 327.

[29]Cum ipsi se —— formarent, tum finitimi etiam, etc. Some of the editors of Livy have remarked on this passage, thatcumwhen answering totummay be joined to a subjunctive, as here; the fact however is, thatcumhere does not answer totumat all;cumis here "whilst,"—and so necessarily requires the verb to be in the subjunctive mood.

[30]Mettus. Gronovius and Bekker readMettius; Niebuhr also prefersMettius; he conceives that the Latinprænominaand the Romannominaterminated inius.

[31]Injurias et non redditas, etc. The construction is,et ego videor audisse regem nostrum Cluilium (præ se ferre) injurias et non redditas res ... nec dubito te ferre eadem præ te, Tulle.

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

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

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

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

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

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

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

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

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

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

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

[43]The Tiber and the Anio.

[44]Erigit—"he makes it halt," from the Frenchfaire alte, or formerlyhaut, because soldiers then stand upright and hold their spears erect.

[45]Præcones ab extremo. At the farther part of the Roman camp, where it joined that of the Albans.

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

[47]Malitiosam. Την ὕλην καλουμένην Κακοῦργον. Dio. iii.

[48]The Lucumones were a class of persons among the Etrurians of a warlike sacerdotal character, patricians, not kings. Vid. Niebuhr, i. p. 372.

[49]In my version of this passage I have followed the reading,et pleraque in ratibus, impacta sublicis quum hærerent, p. i. The burning logs were not sent down the river one by one, but were placed on rafts, so that being incapable of passing on between the piers of the bridge, they firmly stuck there, and burnt the bridge. This mode of interpretation is confirmed by Dion. iii. 5, 6. The bridge here meant is the one built by the Sabines at the confluence of the Anio and the Tiber——Another reading is,pleraque in ratibus impacta subliciis quam hærerent, "most of them being driven against the boats, resting on piles, stuck there," &c.

[50]The hundredth year. 138 years had elapsed since the death of Romulus: they diminish the number of years designedly, to make the matter appear still worse.

[51]Son-in-law. Why not one of his two sons, Lucius and Aruns? Dio. iv. 1. If these were not his grandchildren rather, they must have been infants at the time. Dio. iv. 4, 6.—At this time infants could not succeed to the throne.—Ruperti.

[52]This sentence has given some trouble to the commentators.—Some will have it that three distinct reasons are given for assassinating Tarquinius rather than Servius Tullius, and that these are severally marked and distinguished byet—et—tum, the second only havingquia.—Stroth will have it that only two reasons are assigned, one, why the king should be killed, and the other, why Servius Tullius should not be killed, arising from the danger and uselessness of the act—the former has not aquia, because it was a fact, (et injuriæ dolor, &c.,) while the latter has it in the first part (the danger,et quia gravior, &c.,quiabeing understood also before the other, the uselessness,tum,Servio occiso, &c.) because it contained the reasoning of the youths. Doering says there were only two powerful reasons, revenge and fear, and a ratio probabilis introduced bytum; which has the force of insuper. According to Dr. Hunter, there are two formal assertions, one, that resentment stimulated the sons of Ancus against the king himself; the other, that the plot is laid for the king himself upon two considerations, of reason and policy.

[53]Bypublic—private. The "public" were the steps taken by Servius to establish his political ascendency, whilst the "private" refer to those intended to strengthen his family connexions.

[54]The truce had now expired.If the truce concluded with them by Romulus be here meant, it was long since expired, since about 140 years had now elapsed. It is probable, however, that it was renewed in the reign of Tullius.

[55]Varro, de L.L. iv. 36, thinks, on the contrary, thattributumwas so called, as being paid by thetribes.

[56]Temple of Diana. Built on the summit of the Aventine mount towards the Tiber. On its brazen pillar were engraved the laws of the treaty, and which were still extant in the time of Augustus.

[57]This is noticed as the first trace of the Agrarian division by Niebuhr, i. p. 161.

[58]His son. Dionysius will have it that he was the grandson. See Nieb. i. p. 367.

[59]Younger families. These had been brought into the senate, as we have seen, by Tarquinius Priscus, and consequently favoured the Tarquinian interest. Nieb. i. p. 372.

[60]To resign. Niebuhr is of opinion that what is said regarding the Commentaries of Servius Tullius, chap. 60, has reference to this.

[61]Hurdle, a mode of punishment in use among the Carthaginians. See Tac. Germ. 12. Similar to the Greek, Καταποντισμός.

[62]His degeneracy—degeneratum. This use of the passive participle is of frequent occurrence in Livy.

[63]The principal sewer—thecloaca maxima. This is attributed to Tarquinius Priscus by several writers. Dio. iii. 67, states that it was he who commenced it. See Plin. H. N. xxxvi. Nieb. i. p. 385.

[64]To do so, and that quickly,—a use of the participlesfactoandmaturatosimilar to that already noticed in chap. 53,degeneratum.

[65]All were calledPatres conscripti. Scil. Patres et Conscripti, the conjunction being omitted. Nieb. i. p. 517.

[66]Collatinus is supposed to have earned the odium of the people, and his consequent expulsion from Rome, by his endeavours to save his nephews, the Aquillii, from punishment.

[67]Niebuhr will have it that Brutus punished his children by his authority as a father, and that there was no appeal to the people from the father. See Nieb. i. p. 488.

[68]Animo patris, the strength of his mind, though that of a father, being even more conspicuous, &c. So Drakenborch understands the passage,—this sternness of mind, he says, though he was their father, was a more remarkable spectacle than his stern countenance. This character of Brutus, as inferrible from the words thus interpreted, coincides with that given of him by Dionysius and others. I prefer understanding the passage with Crevier, scil. symptoms of paternal affection to his children displaying themselves during the discharge of his duty in superintending the public punishment inflicted on them.

[69]Previously, by the institution of Servius, only such manumitted slaves were admitted to the rights of citizenship as were registered by their masters in the census.

[70]Uno plus Tuscorum.Ὡς ἑνὶ πλείους ἐν τῇ μάχῃ τεθνήκασι Τυῤῥηνῶν ἢ Ῥωμαίων.

[71]A year, scil. of ten months.

[72]The Horatii being of theminores patres. Nieb. i. p. 533.

[73]Funesta familia, as having in it an unburied corpse. Thus Misenus, whilst unburied,incestat funere classem. Virg. Æn. vi. 150.

[74]He here rejected the omen. Cic. i. 7, 14.; auguria autoblativasunt, quæ non poscuntur, autimpetrativa, quæ optata veniunt. The latter could not be rejected.

[75]Lar. This is generally understood to have been a title of honour equivalent to our termLord.

[76]Arbitriumsignifies not only the "privilege," but the "rent" paid for such privilege, or right of monopoly.

[77]Was all taken into the hands of government. In my version of this passage I have conformed to the emendation of the original first proposed by Gronovius, and admitted by Stroth and Bekker; scil.in publicum omne sumptum.—They did not let these salt-works by auction, but took them into their own management, and carried them on by means of persons employed to work on the public account. These salt-works, first established at Ostia by Ancus, were, like other public property, farmed out to the publicans. As they had a high rent to pay, the price of salt was raised in proportion; but now the patricians, to curry favour with the plebeians, did not let the salt-pits to private tenants, but kept them in the hands of public labourers, to collect all the salt for the public use; and appointed salesmen to retail it to the people at a cheaper rate. See Stocker's ed.

[78]The origin. Niebuhr mentions a more probable one. See Nieb. i. p. 541; ii. p. 204.

[79]Niebuhr thinks, that from this defeat of the Etrurians may be dated the commencement of the recovery of their liberty by the Romans, and that the flight of the Roman hostages, the sale of Porsena's goods, &c. were subsequent to it.

[80]Nec quibus consulibus parum creditum sit, scil. fides non habita fuerit. Arnold in his Roman Hist. considers this to have been the true cause of creating a dictator.

[81]Eo magis quod propter se.From this one would be disposed to suspect that the dictator was created to take on him the management of war. See Nieb. p. 553, and Niebhr. Epit. by Twiss, Append. p. 355.

[82]By giving up the advantage of their horses, and forgetting their superiority of rank.

[83]Qui consules secundum quosdam, who were the consuls that came after certain consuls.

[84]The determination of the plebeians and senators.

[85]rem non vulgabat, was not for extending the relief to all.

[86]i. e. by deepening the files.

[87]"On the opposite side." Gronovius proposes instead ofadversusto readaversas: scil. the valleys behind them, or in their rear.

[88]I have here adopted the reading of Stacker and others, scil.ad terrorem, ut solet, primum ortus.

[89]i. e. I think it might have been done; whether it would have been right to do so, it is not so easy to decide. Livy means to say that it was possible enough for the senators, by lowering the price of corn, to get rid of the tribunes, &c. Such a judgment is easily formed; it is not, however, he says, so easy to determine, whether it would have been expedient to follow the advice of Coriolanus.

[90]i. e. the senate found themselves reduced to the necessity of delivering one up to the vengeance of the people, in order to save themselves from the further consequences of plebeian rage.

[91]The same as the Circenses.

[92]Realized—repræsentatas—quasi præsentes factas, oculis subjectas—presented as it were to the sight.—Rasch.

[93]Sequius sit—otherwise than as it should be.

[94]Audientes secunda iræ verba—attentively listening to words which fanned (or chimed in with) their anger.—St.

[95]Scil. Rome. Dionysius narrates the expedition of Coriolanus in a different order from that given by Livy, and says that he approached the city twice. Niebuhr, ii. p. 94, n. 535, thinks that the words "passing across the country into the Latin way" (in Latinam viam transversis itineribus transgressus) have been transposed from their proper place, and that they should come in after "he then took," &c. (tunc deinceps).

[96]The triarii were veteran soldiers of approved valour: they formed the third line, whence their name.

[97]Before a consul set out on any expedition, he offered sacrifices and prayers in the Capitol; and then, laying aside his consular gown, marched out of the city, dressed in a military robe of state, called Paludamentum.

[98]This statement is rejected by Niebuhr entirely.

[99]Niebuhr, ii. p. 231, thinks that it was in this year the Icilian law was passed, according to which, any person interrupting the proceedings of the tribunes, rendered himself liable to capital punishment.—Twiss.

[100]Several charges were brought against Appius, according to Dion. ix. 54, who also states that he did not die of any disease, but that he laid violent hands on himself.—Ruperti.

[101]The original hasplenus suarum—irarum,—that is, the anger not of Appius against the commons, but of the commons against him.

[102]Conf. Nieb. ii. n. 754. It may be well to mention that Niebuhr considered that this account regarding the death of Appius was all fictitious. The Greek writers, scil. Dion. ix. 54, Zonar. vii. 17, state that he laid violent hands on himself.

[103]In the original we readcoacti extemplo ab senatu. Niebuhr considers this reading to be corrupt, and is satisfied that the correct reading iscoacto extemplo senatu. See ii. n. 555.

[104]Additional force of the, &c. Crovier understands this to signify that the Romans did not employ a greater force for besieging Antium, than they had employed the preceding year, and which at that time seemed insufficient for the purpose. Others understand the words to signify that they surrendered without waiting for the Romans to make any additional efforts to take the town.

[105]Dederat. Theoratio obliquawould requiredederithere, but such instances of the indicative being used for the subjunctive are by no means infrequent.

[106]Justitium—a jure sistendo.

[107]According to Stroth, this is the first instance we have of a decree of the senate arming the consul with almost dictatorial power.

[108]Pro-consul:—the first mention of a pro-consul in Livy.

[109]Of the year,—i.e. the consular year, not the civil one, which commenced in January.

[110]A similar measure was adopted at Athens. See Thucyd. ii. 52.

[111]Circuitio. Stroth observes, that this is what we understand by 'the Round.'

[112]According to Dionysius, the Volsci attacked Rome on this occasion.

[113]Aspræfectus urbis.

[114]Niebuhr n. 24, 634, would have us readTerentilius, the Roman family names always, he says, ending inius. He also thinks that forArsa, we should readHarsa.

[115]Niebuhr, ii. n. 631, asks whether it was worms. Σαρκῶν θραύσματα. Dion. x. 2.

[116]The Sibylline books.

[117]Niebuhr denies that the tribunes had the power before the establishment of the decemviri to commit patricians to prison. See however Dion. vii. 17.

[118]In the original the words are,Medio decreto jus auxilii sui expediunt. The tribunes were afraid lest, if they allowed Cæso to go entirely at large, the commons might become irritated; whilst if they refused to listen to the application of a patrician when he craved their assistance, they feared lest they should lose an excellent opportunity of establishing their influence and increasing their power. By adopting a line of conduct then which conceded something both to the commons and to Cæso, they as it wereextricate(expediunt) their power from this double danger.

[119]Vadis publicos. According to Gronovius,publico, scil.plebi. Niebuhr prefers this reading.

[120]Rigorously exacted. See Niebuhr ii. p. 289, who expresses a different opinion on the matter.

[121]Incerto hoste, it being as yet uncertain who the enemy was.

[122]Fidem abrogare,—non habere fidem, non credere.Non credendohere seems superfluous.

[123]Forgetful of the consular, &c.—i.e. forgetful of the limits of the consular authority; acting in the same manner as if its power were unbounded, and admitted no appeal.

[124]Niebuhr thinks that Cæso was among the number. See cap. 25, where we read "Cæsonem neque Quintiæ familiæ, neque reipublicæ restitui posse." Comp. Niebuhr ii. n. 673, Wachsmuth, p. 347.

[125]The consuls under ordinary circumstances used to commence their office at this time on the Calends of August.

[126]Neque sacri neque sancti. Whatever is consecrated by religion is said to besacrum; whilstsanctumis said of that which the law states to be inviolable.

[127]Exercitu relictois the ordinary reading. Crevier observes thatreductois the more correct.

[128]This account does not seem to be correct. See Niebuhr ii. p. 254.

[129]Ni ita esset, a legal form of expression, amounting in this place to "if Volscius attempted to deny it."Privatim. Besides the quæstors who by virtue of their office were to prosecute Volscius, many persons on their own account, and on their private responsibility, cited him into court, and challenged him to discuss the case before a judge. A prosecutor was saidferre judicem res, when he proposed to the accused person some one out of thejudices selecti, before whom the case might be tried; if the accused person consented to the person named by prosecutor, then the judge was saidconvenisse, to have been agreed on. Sometimes the accused was allowed to select his own judge,judicem dicere. When both the prosecutor and the accused agreed as to the judge, they presented a joint petition to the prætor that he would appoint (ut daret) that person to try the cause; at the same time they both bound themselves to pay a certain sum, the one if he did not establish his charge,ni ita esset; the other if he did not prove his innocence.

[130]Comitia, i. e.curiata, which exercised authority in the cases of persons accused of inflicting injuries on the patricians.

[131]Ad prohibenda circumdari opera. Stroth observes that it should be more properlyad prohibenda circumdanda opera, i. e. ad prohibendum, ne opera circumdarentur.

[132]Consulare, imperium tribunicio auxilio.—The consuls possessedimperium. The tribunes could not be said to possess it. Their province was confined toauxilii latio, sc. adversus consules.

[133]It is extraordinary that Livy makes no mention here of Siccius Dentatus, and his strenuous exertions in endeavouring to carry the agrarian law, as well as of his angry contentions with the consuls. For his character, see Dion. x. 31, 32.

[134]Impedimentum. The fact of his presiding at the meeting should have been a bar to his being elected a decemvir.

[135]Niebuhr will have it that five of these were of plebeian rank.

[136]Impotentibus, sc. immoderatis—rari aditus, the genitive singular.—Stroth.

[137]Nec attinuisse demi securim, quum sine provocatione creati essent, interpretabantur. Valerius Publicola had introduced the custom of not having the axes tied up with the fasces when carried before the consuls in the city. But the decemvirs said that this was, because an appeal from the consuls to the people was allowed. Whence, since their jurisdiction allowed of no appeal, theyinterpreted, i. e. by interpreting the meaning or intention of this custom, they concluded that they were not bound by it, and that there was no reason why they should remove the axes from the fasces.—Crev.

[138]Provocatione—intercessionem. Theprovocatiowas to the people, whilst theintercessioreferred to the decemvirs against a colleague.

[139]Quum fortuna, qua quicquid cupitum foret, potentioris esset. Stroth considers this passage to be corrupt: he proposes to readcum fortuna, so thatportentioris essetmay refer toquicquid cupitum foret, i. e. with such favourable success, that every thing which the more powerful person might covet, became his.

[140]Inhibendum, sc.adhibendum—the terminhibeooccurs frequently in this sense, as below,imperioque inhibendo. The adjectiveimminutisalso refers evidently tohonoris insignibus.—Stroth.

[141]The words are,quum et ipsi invisum consensu imperium, et plebs, quid privatis jus non esset vocandi senatum, non convenire patres interpretarentur, i. e. while, on the one hand, the decemvirs themselves accounted for the staying away of the senators from the meeting, by the fact of their (the decemvirs') government being disliked by them; whilst, on the other hand, the commons accounted for the non-appearance of the senators by the fact, that being now mere private citizens, their time of office being passed, they (the decemvirs) had no right whatever to convene the senate.—Stroth.

[142]The senators were obliged to attend the meeting of the senate when convened by the magistrate; otherwise a fine was imposed, to insure the payment of which pledges were exacted, which were sold in case of non-payment. See Cicero de Orat. iii. 1. Philip. i. 5.

[143]In the original the words are:quod iis qui jam magistratu abissent, privatisque, si vis abesset, &c., i. e. who differed in no other respect from mere private citizens, except that they had recourse to violence, which it was competent for the magistrate only to do.

[144]Livy's own account of the matter does not justify this claim of the Horatii to having been at the head of the revolution which banished the kings. But Dionysius of Halicarnassus informs us that it was Marcus Horatius who made the army revolt against Tarquinius Superbus, and that the same in his second consulate rendered unavailing all the efforts of Porsenna to restore the Tarquins.

[145]The original here is rather obscure.Aut socii, aut hi maxime.Crevier prefers to readaut soli aut hi maxime. Stroth explainssocii, se socios præbendo.

[146]Appius here contrasts two classes of persons, one consisting of individuals, who are in their own power; the other, of those who are notsui juris, but are under the control either of a parent, or some other person. If the question arise concerning a person who issui juris, whether he is to be consigned to slavery, or to be restored to liberty, then "id juris esse," sc. that he remain free till the decision is made,because any person, as beinghomo sui juris, and consequently he himself, "may proceed by law;" but he says, that this does not hold good with respect to a person who is notsui juris, but is in the hands of others; such a person, he says, cannot be pronounced free, but must be subject to the power, either of the parent or master, so that no injury be done to either. Wherefore, since the girl is notsui juris, she must be in the power, either of Virginius, who says he is her father, or of Claudius, who says he is her master. But since Virginius is not present, that she can be in the power of no one but Claudius, until Virginius arrive.I cannot resist the temptation of giving in full Mr. Gunn's note on the passage, as found in his very neat edition of our author."Appius for his own purposes, in interpreting his own law, introduces a distinction betwixt those who weresui juris, entirely free, and those who were subject to thepatria potestas. The law, according to him, can apply only to the former, because in them only is there a true claim for liberty, and in them only could a judge give an interim decisionsecundum libertatem. To give such a decision in favour of Virginia, would be avariatio personarum; it would be introducing as entitled to the benefit of the law a class of persons, who were, even according to their own statements, not entitled tovindiciæ secundum libertatem. Besides, and most important of all, the law could act in the former, as any citizen was entitled to plead the cause of one presumptively free. But in this case no one could plead, but either the father as master on the one hand, or the alleged master on the other: as the father was not present, consequently no one had any legal claim to urge the law."

I cannot resist the temptation of giving in full Mr. Gunn's note on the passage, as found in his very neat edition of our author.

"Appius for his own purposes, in interpreting his own law, introduces a distinction betwixt those who weresui juris, entirely free, and those who were subject to thepatria potestas. The law, according to him, can apply only to the former, because in them only is there a true claim for liberty, and in them only could a judge give an interim decisionsecundum libertatem. To give such a decision in favour of Virginia, would be avariatio personarum; it would be introducing as entitled to the benefit of the law a class of persons, who were, even according to their own statements, not entitled tovindiciæ secundum libertatem. Besides, and most important of all, the law could act in the former, as any citizen was entitled to plead the cause of one presumptively free. But in this case no one could plead, but either the father as master on the one hand, or the alleged master on the other: as the father was not present, consequently no one had any legal claim to urge the law."

[147]Si nec causis nec personis variet.Sc. lex variet. Some understandlibertasas the nominative to variet.

[148]Because any person. "As the law permits any strangers to interpose in vindicating an individual's liberty, they have an undoubted right so to do. But the question is not whether this maiden is free: that she cannot be in any case; for she belongs either to her father or her master. Now as her father is not present to take charge of her, no one here but her master can have any title to her." Appius argues that he could not pronounce in favour of her temporary liberty, without prejudice to her father's right and power over her: as there was no one present, who claimed a legal right to the possession of her but M. Claudius, the judge had no alternative but to award her during the interim to his safe keeping.—Stocker.

[149]Sureties—sponsores. The preliminary bail.

[150]He passed a sentence, &c. In the original it is, "decresse vindicias secundum servitutem." This decision relates to the definitive bail. Appius the day before had made up his mind to this decision. He had calculated, however, on the non-appearance of the father; yet did not now choose to be foiled by his unexpected presence.—Stocker.

[151]The dress of the citizens.

[152]Two classes of persons are here intended: 1. Those who accompanied Virginius into the camp. 2. Others who followed them subsequently.

[153]In the performance of such rites, the slightest mistake of a word or syllable was deemed highly inauspicious; to prevent which, the regular form of words was pronounced by a priest, and repeated after him by the persons officiating.

[154]Villa publica. It was destined to public uses, such as holding thecensus, or survey of the people, the reception of ambassadors, &c.

[155]ærarium facere, signifies to strip a person of all the privileges of a citizen, on which he becamecivis ærarius, a citizen only so far as he paid taxes.

[156]Senators.Niebuhr, ii. note 995, seems to doubt whether these belonged to single cities or were the senators of the entire Volscian nation.

[157]Fines. The fines imposed in early times were certain numbers of sheep or oxen; afterwards it was ordered by law that these fines should be appraised and the value paid in money. Another law fixed a certain rate at which the cattle should be estimated, 100 asses for an ox, 10 for a sheep.

[158]The passing of asenatus-consultum, or decree of the senate, might be prevented in several ways; as, for instance, by the want of a sufficiently full meeting, &c.; in such cases the judgment of the majority was recorded, and that was calledauctoritas senatûs.

[159]The reading of the original here is decidedly incorrect. Various emendations have been attempted, but none can be deemed satisfactory.

[160]So I have renderedpro se—or it may be rendered, "considering their circumstances," scil. the external circumstances in which they were placed.

[161]Expectatione, &c.With confident expectations on the part of his countrymen, rather than simple hope.

[162]According to Niebuhr, (vol. ii. p. 233,) this fear put into the mouth of Claudius, is attributable to ignorance or forgetfulness on the part of Livy, of the early usage in the dividing of spoils, which had ceased to be observed in the time of Augustus. According to former Roman usage, half of the conquering army was employed, under the sanction of a solemn oath, to subtract nothing, in collecting the spoil, which was then partly divided by lot, partly sold, and the proceeds, if promised to the soldiers, disbursed to them man by man, if otherwise, it was brought into the treasury. Both schemes mentioned here by Livy, it will be observed, contemplated compensation to the people for the war-tax which they had so long paid; but that of Licinius was more favourable, especially to the poor, as the ordinary citizens would receive equal shares, and the compensation would be direct and immediate.—Gunne.

[163]"This vow frequently occurs in Grecian history, like that made of the Persian booty, but this is the only instance in the history of Rome."—Niebuhr, vol. ii. 239.

[164]Evocatos. When the Romans besieged a town, and thought themselves sure of taking it, they used solemnly to call out of it the gods in whose protection the place was supposed to be.

[165]The idea of the Romans working a mine, even through the soil of Veii, so as to be sure of reaching not only the town and the citadel, and even the temple, is considered by Niebuhr as extremely ridiculous. He deems the circumstance a clear proof of the fiction that attaches to the entire story of the capture of Veii. The whole seems to be an imitation of the siege of Troy.—Gunne.

[166]The passage in the original, in the generality of editions, is read as follows:ut eam invidium lenire, quàm minimo suo privato incommodo publicoque, populo Romano liceret: i. e. that both himself and the Roman people may get over the evil consequences of the jealousy of the gods with as little detriment as possible to either:populi Romaniseems preferable here: i. e. "that it might be allowed to lighten that jealousy, by the least possible injury to his own private interest, and to the public interests of the Roman people." There were certainly two persons concerned in theinvidiaandincommodumhere, Camillus himself, and the Roman people; to whom respectively thedamnatio, andelades captæ urbis, afterwards mentioned, obviously refer. Some editions read,invidiam lenire suo privato incommodo, quàm minimo publico populi Romani liceret. This is the reading adopted by Crevier; i. e. "to appease the jealousy by his own private loss, rather than the least public loss." This is more in accordance with the account given of Camillus by Plutarch, and contains a sentiment certainly more worthy both of Livy and of Camillus. Sentiments ascribed by Plutarch to Camillus, will have suo privato incommodo, quam minimo publico P. R., giving him the patriotic wish to render light the odium by his own private loss,rather thanthe least public loss; or, by his own private loss, but if not,byas small a public loss as possible. Pop-liR-i, better thano,o, asliceretwould, in the latter case, apply only to one of the parties; in the former both are understood.

[167]"A proposal so absurd would have justified the most vehement opposition of the senate. But it is much more probable, that the scope of the proposition was, that on this occasion the whole of the conquered land should be divided, but amongst the whole nation, so that the patricians also and their clients should receive a share as absolute property."—Neibuhr, vol. ii. p. 248.

[168]Niebuhr and Arnold understand these words to signify, that these persons had already made up their minds not to acquit him, or assist him by voting in favour of him—in fact, that they could not conscientiously do so. It may, however, signify simply, that the people were so incensed against him, that there existed not a rational prospect of acquittal for him.

[169]In my translation of this passage I have differed from Baker, who thus renders: "thinking, that as his enemies were few in number, their skill was what he had chiefly to guard against." Dureau De Lamalle thus translates: "supposant de la ruse aux ennemis, a raison de leur petit nombre." This is obviously the correct version.

[170]The aged were doomed to perish under any circumstances, (utique,) from scarcity of provisions, whether they retired into the Capitol with the military youth, or were left behind in the city.

[171]The Novensiles were nine deities brought to Rome by the Sabines: Lara, Vesta, Minerva, Feronia, Concord, Faith, Fortune, Chance, Health. See Niebuhr III. ii. 249.

[172]Any noise happening during the taking of the auspices was reckoned inauspicious; hencesilentiumsignified among the augurs, every circumstance being favourable.

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