Conspiracy of Catiline and the Jurgurthine War Part 13

XV. When the prince had concluded his speech, the emba.s.sadors of Jugurtha, depending more on their money than their cause, replied, in a few words, "that Hiempsal had been put to death by the Numidians for his cruelty; that Adherbal, commencing war of his own accord, complained, after he was defeated, of being unable to do injury; and that Jugurtha entreated the senate not to consider him a different person from what he had been known to be at Numantia, nor to set the a.s.sertions of his enemy above his own conduct."

Both parties then withdrew from the senate-house, and the senate immediately proceeded to deliberate. The partisans of the emba.s.sadors, with a great many others, corrupted by their influence, expressed contempt for the statements of Adherbal, extolled with the highest encomiums the merits of Jugurtha, and exerted themselves as strenuously, with their interest and eloquence, in defense of the guilt and infamy of another, as they would have striven for their own honor. A few, however, on the other hand, to whom right and justice were of more estimation than wealth, gave their opinion that Adherbal should be a.s.sisted, and the murder of Hiempsal severely avenged. Of all these the most forward was Aemilius Scaurus,[58] a man of n.o.ble birth and great energy, but factious, and ambitious of power, honor, and wealth; yet an artful concealer of his own vices. He, seeing that the bribery of Jugurtha was notorious and shameless, and fearing that, as in such cases often happens, its scandalous profusion might excite public odium, restrained himself from the indulgence of his ruling pa.s.sion.[59]

XVI. Yet that party gained the superiority in the senate, which preferred money and interest to justice. A decree was made, "that ten commissioners should divide the kingdom, which Micipsa had possessed, between Jugurtha and Adherbal." Of this commission the leading person was Lucius Opimius,[60] a man of distinction, and of great influence at that time in the senate, from having in his consulship, on the death of Caius Gracchus and Marcus Fulvius Flaccus, prosecuted the victory of the n.o.bility over the plebeians with great severity.

Jugurtha, though he had already counted Scaurus among his friends at Rome, yet received him with the most studied ceremony, and, by presents and promises, wrought on him so effectually, that he preferred the prince's interest to his own character, honor, and all other considerations. The rest of the commissioners he a.s.sailed in a similar way, and gained over most of them; by a few only integrity was more regarded than lucre. In the division of the kingdom, that part of Numidia which borders on Mauretania, and which is superior in fertility and population, was allotted to Jugurtha; of the other part, which, though better furnished with harbors and buildings, was more valuable in appearance than in reality, Adherbal became the possessor.

XVII. My subject seems to require of me, in this place, a brief account of the situation of Africa, and of those nations in it with whom we have had war or alliances. But of those tracts and countries, which, from their heat, or difficulty of access, or extent of desert, have been but little visited, I can not possibly give any exact description. Of the rest I shall speak with all possible brevity.

In the division of the earth, most writers consider Africa as a third part; a few admit only two divisions, Asia and Europe,[61] and include Africa in Europe. It is bounded, on the west, by the strait connecting our sea with the ocean;[62] on the east, by a vast sloping tract, which the natives call the Catabathmos.[63] The sea is boisterous, and deficient in harbors; the soil is fertile in corn, and good for pasturage, but unproductive of trees. There is a scarcity of water both from rain and from landsprings. The natives are healthy, swift of foot, and able to endure fatigue. Most of them die by the gradual decay of age,[64] except such as perish by the sword or beasts of prey; for disease finds but few victims. Animals of a venomous nature they have in great numbers.

Concerning the original inhabitants of Africa, the settlers that afterward joined them, and the manner in which they intermingled, I shall offer the following brief account, which, though it differs from the general opinion, is that which was interpreted to me from the Punic volumes said to have belonged to King Hiempsal[65], and which the inhabitants of that country believe to be consistent with fact. For the truth of the statement, however, the writers themselves must be responsible.

XVIII. Africa, then, was originally occupied by the Getulians and Libyans,[66] rude and uncivilized tribes, who subsisted on the flesh of wild animals, or, like cattle, on the herbage of the soil. They were controlled neither by customs, laws, nor the authority of any ruler; they wandered about, without fixed habitations, and slept in the abodes to which night drove them. But after Hercules, as the Africans think, perished in Spain, his army, which was composed of various nations,[67] having lost its leader, and many candidates severally claiming the command of it, was speedily dispersed. Of its const.i.tuent troops, the Medes, Persians, and Armenians,[68] having sailed over into Africa, occupied the parts nearest to our sea.[69]

The Persians, however, settled more toward the ocean,[70] and used the inverted keels of their vessels for huts, there being no wood in the country, and no opportunity of obtaining it, either by purchase or barter, from the Spaniards; for a wide sea, and an unknown tongue, were barriers to all intercourse. These, by degrees, formed intermarriages with the Getulians; and because, from constantly trying different soils, they were perpetually shifting their abodes, they called themselves NUMIDIANS.[71] And to this day the huts of the Numidian boors, which they call _mapalia_, are of an oblong shape, with curved roofs; resembling the hulls of ships.

The Medes and Armenians connected themselves with the Libyans, who dwelled near the African sea; while the Getulians lay more to the sun,[72] not far from the torrid heats; and these soon built themselves towns,[73] as, being separated from Spain only by a strait, they proceeded to open an intercourse with its inhabitants. The name of Medes the Libyans gradually corrupted, changing it, in their barbarous tongue, into Moors.[74]

Of the Persians[75] the power rapidly increased; and at length, the children, through excess of population, separating from the parents, they took possession, under the name of Numidians, of those regions bordering on Carthage which are now called Numidia. In process of time, the two parties,[76] each a.s.sisting the other, reduced the neighboring tribes, by force or fear, under their sway; but those who had spread toward our sea, made the greater conquests: for the Lybians are less warlike than the Getulians[77] At last nearly all lower Africa[78] was occupied by the Numidians; and all the conquered tribes were merged in the nation and name of their conquerors.

XIX. At a later period, the Phoenicians, some of whom wished to lessen their numbers at home, and others, ambitious of empire, engaged the populace, and such as were eager for change, to follow them, founded Hippo,[79] Adrumetum, Leptis,[80] and other cities, on the sea-coast; which, soon growing powerful, became partly a support, and partly an honor, to their parent state. Of Carthage I think it better to be silent, than to say but little; especially as time bids me hasten to other matters.

Next to the Catabathmos,[81] then, which divides Egypt from Africa, the first city along the sea-coast[82] is Cyrene, a colony of Theraeans;[83] after which are the two Syrtes,[84] with Leptis[85]

between them; then the Altars of the Philaeni,[86] which the Carthaginians considered the boundary of their dominion on the side of Egypt; beyond these are the other Punic towns. The other regions, as far as Mauretania, the Numidians occupy; the Moors are nearest to Spain. To the south of Numidia,[87] as we are informed, are the Getulians, of whom some live in huts, and others lead a vagrant and less civilized life; beyond these are the Ethiopians; and further on, regions parched by the heat of the sun.

At the time of the Jugurthine war, most of the Punic towns, and the territories which Carthage had lately possessed,[88] were under the government of Roman praetors; a great part of the Getulians, and Numidia as far as the river Mulucha, were subject to Jugurtha; while the whole of the Moors were governed by Bocchus, a king who knew nothing of the Romans but their name, and who, before this period, was as little known to us, either in war or peace. Of Africa and its inhabitants I have now said all that my narrative requires.

XX. When the commissioners, after dividing the kingdom, had left Africa, and Jugurtha saw that, contrary to his apprehensions, he had obtained the object of his crimes; he then being convinced of the truth of what he had heard from his friends at Numantia, "that all things were purchasable at Rome," and being also encouraged by the promises of those whom he had recently loaded with presents, directed his views to the domain of Adherbal. He was himself bold and warlike, while the other, at whose destruction he aimed, was quiet, unfit for arms, of a mild temper, a fit subject for injustice, and a prey to fear rather than an object of it. Jugurtha, accordingly, with a powerful force, made a sudden irruption into his dominions, took several prisoners, with cattle and other booty, set fire to the buildings, and made hostile demonstrations against several places with his cavalry. He then retreated, with all his followers, into his own kingdom, expecting that Adherbal, roused by such provocation, would avenge his wrongs by force, and thus furnish a pretext for war. But Adherbal, thinking himself unable to meet Jugurtha in the field, and relying on the friendship of the Romans more than on the Numidians, merely sent emba.s.sadors to Jugurtha to complain of the outrage; and, although they brought back but an insolent reply, yet he resolved to endure any thing rather than have recourse to war, which, when he attempted it before, had ended in his defeat. By such conduct the eagerness of Jugurtha was not at all allayed; for he had now, indeed, in imagination, possessed himself of all Adherbal's dominions. He therefore renewed hostilities, not, as before, with a predatory band, but at the head of a large army which he had collected, and openly aspired to the sovereignty of all Numidia. Wherever he marched, he ravaged the towns and the fields, drove off booty, and raised confidence in his own men and dismay among the enemy.

XXI. Adherbal, when he found that matters had arrived at such a point, that he must either abandon his dominions, or defend them by force of arms, collected an army from necessity, and advanced to meet Jugurtha.

Both armies took up[89] their position near the town of Cirta[90], at no great distance from the sea; but, as evening was approaching, encamped without coming to an engagement. But when the night was far advanced, and twilight was beginning to appear[91], the troops of Jugurtha, at a given signal, rushed into the camp of the enemy, whom they routed and put to flight, some half asleep and others resuming their arms. Adherbal, with a few of his cavalry, fled to Cirta; and, had there not been a number of Romans[92] in the town, who repulsed his Numidian pursuers from the walls, the war between the two princes would have been begun and ended on the same day.

Jugurtha proceeded to invest the town, and attempted to storm it with the aid of mantelets, towers, and every kind of machines; being anxious above all things, to take it before the amba.s.sadors could arrive at Rome, who, he was informed, had been dispatched thither by Adherbal before the battle was fought. But as soon as the senate heard of their contention, three young men[93] were sent as deputies into Africa, with directions to go to both of the princes, and to announce to them, in the words of the senate and people of Rome, "that it was their will and resolution that they should lay down their arms, and settle their disputes rather by arbitration than by the sword; since to act thus would be to the honor both of the Romans and themselves."

XXII. These deputies soon arrived in Africa, using the greater dispatch, because, while they were preparing for their journey, a report was spread at Rome of the battle which had been fought, and of the siege of Cirta; but this report told much less than the truth[94]

Jugurtha, having given them an audience, replied, "that nothing was of greater weight with him, nothing more respected, than the authority of the senate; that it had been his endeavor, from his youth, to deserve the esteem of all men of worth; that he had gained the favor of Publius Scipio, a man of the highest eminence, not by dishonorable practices, but by merit; that, for the same good qualities, and not from want of heirs to the throne, he had been adopted by Micipsa; but that, the more honorable and spirited his conduct had been, the less could his feelings endure injustice; that Adherbal had formed designs against his life on discovering which, he had counteracted his malice; that the Romans would act neither justly nor reasonably, if they withheld from him the common right of nations;[96] and, in conclusion, that he would soon send emba.s.sadors to Rome to explain the whole of his proceedings." On this understanding, both parties separated. Of addressing Adherbal the deputies had no opportunity.

XXIII. Jugurtha, as soon as he thought that they had quitted Africa, surrounded the walls of Cirta, which, from the nature of its situation, he was unable to take by a.s.sault, with a rampart and a trench; he also erected towers, and manned them with soldiers; he made attempts on the place, by force or by stratagem, day and night; he held out bribes, and some times menaces, to the besieged; he roused his men, by exhortations, to efforts of valor, and resorted, with the utmost perseverance, to every possible expedient.

Adherbal, on the other hand, seeing that his affairs were in a desperate condition, that his enemy was determined on his ruin, that there was no hope of succor, and that the siege, from want of provisions, could not long be protracted, selected from among those who had fled with him to Cirta, two of his most resolute supporters, whom he induced, by numerous promises, and an affecting representation of his distress, to make their way in the night, through the enemy's lines, to the nearest point of the coast, and from thence to Rome.

XXIV. The Numidians, in a few days executed their commission; and a letter from Adherbal was read in the senate, of which the following was the purport:

"It is not through my own fault, Conscript Fathers, that I so often send requests to you; but the violence of Jugurtha compels me; whom so strong a desire for my destruction has seized, that he pays no regard[96] either to you or to the immortal G.o.ds; my blood he covets beyond every thing. Five months, in consequence, have I, the ally and friend of the Roman people, been besieged with an armed force; neither the remembrance of my father Micipsa's benefits, nor your decrees, are of any avail for my relief; and whether I am more closely pressed by the sword, or by famine, I am unable to say.

From writing further concerning Jugurtha, my present condition deters me; for I have experienced, even before,[97] that little credit is given to the unfortunate. Yet I can perceive that his views extend further than to myself, and that he does not expect to possess, at the same time, your friendship and my kingdom; which of the two he thinks the more desirable, must be manifest to every one. For, in the first place, he murdered my brother Hiempsal; and, in the next, expelled me from my dominions; which, however, may be regarded as our own wrongs, and as having no reference to you. But now he occupies your kingdom with an army; he keeps me, whom you appointed a king over the Numidians, in a state of blockade; and in what estimation he holds the words of your emba.s.sadors, my perils may serve to show. What then is left, except your arms, that can make an impression upon him?

I could wish, indeed, that what I now write, as well as the complaints which I lately made before the senate, were false, rather than that my present distresses should confirm the truth of my statements. But since I am born to be an example of Jugurtha's villainy, I do not now beg a release from death or distress, but only from the tyranny of an enemy, and from bodily torture. Respecting the kingdom of Numidia, which is your own property, determine as you please, but if the memory of my grandfather Masinissa is still cherished by you, deliver me, I entreat you, by the majesty of your empire, and by the sacred ties of friendship, from the inhuman hands of Jugurtha."

XXV. When this letter was read, there were some who thought that an army should be dispatched into Africa, and relief afforded to Adherbal, as soon as possible; and that the senate, in the mean time, should give judgment on the conduct of Jugurtha, in not having obeyed the emba.s.sadors. But by the partisans of Jugurtha, the same that had before supported his cause, effectual exertions were made to prevent any decree from being pa.s.sed; and thus the public interest, as is too frequently the case, was defeated by private influence.

An emba.s.sy was, however, dispatched into Africa, consisting of men of advanced years, and of n.o.ble birth, and who had filled the highest offices of the state; among whom was Marcus Scaurus, already mentioned, a man who had held the consulship, and who was at that time chief of the senate[98]. These emba.s.sadors, as their business was an affair of public odium, and as they were urged by the entreaties of the Numidians, embarked in three days; and having soon arrived at Utica, sent a letter from thence to Jugurtha, desiring him "to come to the province as quickly as possible, as they were deputed by the senate to meet him."

Jugurtha, when he found that men of eminence, whose influence at Rome he knew to be powerful, were come to put a stop to his proceedings, was at first perplexed, and distracted between fear and cupidity. He dreaded the displeasure of the senate, if he should disobey the emba.s.sadors; while his eager spirit, blinded by the l.u.s.t of power, hurried him on to complete the injustice which he had begun. At length the evil incitements of ambition prevailed[99]. He accordingly drew his army round the city of Cirta, and endeavored, with his utmost efforts, to force an entrance; having the strongest hopes, that, by dividing the attention of the enemy's troops, he should be able, by force or artifice, to secure an opportunity of success. When his attempts, however, were unavailing, and he found himself unable, as he had designed, to get Adherbal into his power before he met the emba.s.sadors, fearing that, by further delay, he might irritate Scaurus, of whom he stood in great dread, he proceeded with a small body of cavalry into the Province. Yet, though serious menaces were repeated to him in the name of the senate, because he had not desisted from the siege, nevertheless, after spending a long time in conference, the emba.s.sadors departed without making any impression upon him.

XXVI. When news of this result was brought to Cirta, the Italians[100], by whose exertions the city had been defended, and who trusted that, if a surrender were made, they would be able, from respect to the greatness of the Roman power, to escape without personal injury, advised Adherbal to deliver himself and the city to Jugurtha, stipulating only that his life should be spared, and leaving all other matters to the care of the senate. Adherbal, though he thought nothing less trustworthy than the honor of Jugurtha, yet, knowing that those who advised could also compel him if he resisted, surrendered the place according to their desire.

Jugurtha immediately proceeded to put Adherbal to death with torture, and ma.s.sacred all the inhabitants that were of age, whether Numidians or Italians, as each fell in the way of his troops.

XXVII. When this outrage was reported at Rome, and became a matter of discussion in the senate, the former partisans of Jugurtha applied themselves, by interrupting the debates and protracting the time, sometimes exerting their interest, and sometimes quarreling with particular members, to palliate the atrocity of the deed. And had not Caius Memmius, one of the tribunes of the people elect, a man of energy, and hostile to the power of the n.o.bility, convinced the people of Rome that an attempt was being made, by the agency of a small faction, to have the crimes of Jugurtha pardoned, it is certain that the public indignation against him would have pa.s.sed off under the protraction of the debates; so powerful was party interest, and the influence of Jugurtha's money. When the senate, however, from consciousness of misconduct, became afraid of the people, Numidia and Italy, by the Semp.r.o.nian law,[101] were appointed as provinces to the succeeding consuls, who were declared to be Publius Scipio Nasica[102], and Lucius Bestia Calpurnius[103]. Numidia fell to Calpurnius, and Italy to Scipio. An army was then raised to be sent into Africa; and pay, and all other necessaries of war, were decreed for its use.

XXVIII. When Jugurtha received this news, which was utterly at variance with his expectations, as he had felt convinced that all things were purchasable at Rome, he sent his son, with two of his friends, as deputies to the senate, and directed them, like those whom he had sent on the murder of Hiempsal, to attack every body with bribes. Upon the approach of these deputies to Rome, the senate was consulted by Bestia, whether they would allow them to be admitted within the gates; and the senate decreed, "that, unless they came to surrender Jugurtha's kingdom and himself, they must quit Italy within the ten following days." The consul directed this decree to be communicated to the Numidians, who consequently returned home without effecting their object.

Calpurnius, in the mean time, having raised an army, chose for his officers men of family and intrigue, hoping that whatever faults he might commit, would be screened by their influence; and among these was Scaurus, of whose disposition and character we have already spoken. There were, indeed, in our consul Calpurnius, many excellent qualities, both mental and personal, though avarice interfered with the exercise of them; he was patient of labor, of a penetrating intellect, of great foresight, not inexperienced in war, and extremely vigilant against danger and surprise.

The troops were conducted through Italy to Rhegium, from thence to Sicily, and from Sicily into Africa; and Calpurnius's first step, after collecting provisions, was to invade Numidia with spirit, where he took many prisoners, and several towns, by force of arms.

XXIX. But when Jugurtha began, through his emissaries, to tempt him with bribes, and to show the difficulties of the war which he had undertaken to conduct, his mind, corrupted with avarice, was easily altered. His accomplice, however, and manager in all his schemes, was Scaurus; who, though he had at first, when most of his party were corrupted, displayed violent hostility to Jugurtha, yet was afterward seduced, by a vast sum of money, from integrity and honor to injustice and perfidy. Jugurtha, however, at first sought only to purchase a suspension of hostilities, expecting to be able, during the interval, to make some favorable impression, either by bribery or by interest, at Rome; but when he heard that Scaurus was co-operating with Calpurnius, he was elated with great hopes of regaining peace, and resolved upon a conference with them in person respecting the terms of it. In the mean time, for the sake of giving confidence [104] to Jugurtha, s.e.xtus the quaestor was dispatched by the consul to Vaga, one of the prince's towns; the pretext for his journey being the receiving of corn, which Calpurnius had openly demanded from Jugurtha's emissaries, on the ground that a truce was observed through their delay to make a surrender. Jugurtha then, as he had determined, paid a visit to the consul's camp, where, having made a short address to the council, respecting the odium cast upon his conduct, and his desire for a capitulation, he arranged other matters with Bestia and Scaurus in secret; and the next day, as if by an evident majority of voices[105], he was formally allowed to surrender. But, as was demanded in the hearing of the council, thirty elephants, a considerable number of cattle and horses, and a small sum of money, were delivered into the hands of the quaestor. Calpurnius then returned to Rome to preside at the election of magistrates[106], and peace was observed throughout Numidia and the Roman army.

x.x.x. When rumor had made known the affairs transacted in Africa, and the mode in which they had been brought to pa.s.s, the conduct of the consul became a subject of discussion in every place and company at Rome. Among the people there was violent indignation; as to the senators, whether they would ratify so flagitious a proceeding, or annul the act of the consul, was a matter of doubt. The influence of Scaurus, as he was said to be the supporter and accomplice of Bestia, was what chiefly restrained the senate from acting with justice and honor. But Caius Memmius, of whose boldness of spirit, and hatred to the power of the n.o.bility, I have already spoken, excited the people by his harangues, during the perplexity and delay of the senators, to take vengeance on the authors of the treaty; he exhorted them not to abandon the public interest or their own liberty; he set before them the many tyrannical and violent proceedings of the n.o.bles, and omitted no art to inflame the popular pa.s.sions. But as the eloquence of Memmius, at that period, had great reputation and influence I have thought proper to give in full[107] one out of many of his speeches; and I take, in preference to others, that which he delivered in the a.s.sembly of the people, after the return of Bestia, in words to the following effect:

x.x.xI. "Were not my zeal for the good of the state, my fellow-citizens, superior to every other feeling, there are many considerations which would deter me from appearing in your cause; I allude to the power of the opposite party, your own tameness of spirit, the absence of all justice, and, above all, the fact that integrity is attended with more danger than honor. Indeed, it grieves me to relate, how, during the last fifteen years[108], you have been a sport to the arrogance of an oligarchy; how dishonorably, and how utterly unavenged, your defenders have perished[109]; and how your spirit has become degenerate by sloth and indolence; for not even now, when your enemies are in your power, will you rouse yourselves to action, but continue still to stand in awe of those to whom you should be a terror.

Yet, notwithstanding this state of things, I feel prompted to make an attack on the power of that faction. That liberty of speech[110], therefore, which has been left me by my father, I shall a.s.suredly exert against them; but whether I shall use it in vain, or for your advantage, must, my fellow-citizens, depend upon yourselves. I do not, however, exhort you, as your ancestors have often done, to rise in arms against injustice.

There is at present no need of violence, no need of secession; for your tyrants must work their fall by their own misconduct.

After the murder of Tiberius Gracchus, whom they accused of aspiring to be king, persecutions were inst.i.tuted against the common people of Rome; and after the slaughter of Caius Gracchus and Marcus Fulvius, many of your order were put to death in prison. But let us leave these proceedings out of the question; let us admit that to restore their rights to the people, was to aspire to sovereignty; let us allow that what can not be avenged without shedding the blood of citizens, was done with justice. You have seen with silent indignation, however, in past years, the treasury pillaged; you have seen kings, and free people, paying tribute to a small party of Patricians, in whose hands were both the highest honors and the greatest wealth; but to have carried on such proceedings with impunity, they now deem but a small matter; and, at last, your laws and your honor, with every civil and religious obligation[111], have been sacrificed for the benefit of your enemies. Nor do they, who have done these things, show either shame or contrition, but parade proudly before your faces, displaying their sacerdotal dignities, their consulships, and some of them their triumphs, as if they regarded them as marks of honor, and not as fruits of their dishonesty. Slaves, purchased with money[112], will not submit to unjust commands from their masters; yet you, my fellow-citizens, who are born to empire, tamely endure oppression.

But who are these that have thus taken the government into their hands? Men of the most abandoned character, of blood-stained hands, of insatiable avarice, of enormous guilt, and of matchless pride; men by whom integrity, reputation, public spirit[113], and indeed every thing, whether honorable or dishonorable, is converted to a means of gain. Some of them make it their defense that they have killed tribunes of the people; others, that they have inst.i.tuted unjust prosecutions; others, that they have shed your blood; and thus, the more atrocities each has committed, the greater is his security; while your oppressors, whom the same desires, the same aversions, and the same fears, combine in strict union (a union which among good men is friendship, but among the bad confederacy in guilt), have excited in you, through your want of spirit, that terror which they ought to feel for their own crimes.

But if your concern to preserve your liberty were as great as their ardor to increase their power of oppression, the state would not be distracted as it is at present; and the marks of favor which proceed from you[114], would be conferred, not on the most shameless, but on the most deserving. Your forefathers, in order to a.s.sert their rights and establish their authority, twice seceded in arms to Mount Aventine; and will not you exert yourselves, to the utmost of your power, in defense of that liberty which you received from them? Will you not display so much the more spirit in the cause, from the reflection that it is a greater disgrace to lose[115] what has been gained, than not to have gained it at all?

But some will ask me, 'What course of conduct, then, would you advise us to pursue?' I would advise you to inflict punishment on those who have sacrificed the interests of their country to the enemy; not, indeed, by arms, or any violence (which would be more unbecoming, however, for you to inflict than for them to suffer), but by prosecutions, and by the evidence of Jugurtha himself, who, if he has really surrendered, will doubtless obey your summons; whereas, if he shows contempt for it, you will at once judge what sort of a peace or surrender it is, from which springs impunity to Jugurtha for his crimes, immense wealth to a few men in power, and loss and infamy to the republic.

But perhaps you are not yet weary of the tyranny of these men; perhaps these times please you less than those[116] when kingdoms, provinces, laws, rights, the administration of justice, war and peace, and indeed every thing civil and religious, was in the hands of an oligarchy; while you, that is, the people of Rome, though unconquered by foreign enemies, and rulers of all nations around, were content with being allowed to live; for which of you had spirit to throw off your slavery? For myself, indeed, though I think it most disgraceful to receive an injury without resenting it, yet I could easily allow you to pardon these basest of traitors, because they are your fellow-citizens, were it not certain that your indulgence would end in your destruction. For such is their presumption, that to escape punishment for their misdeeds will have but little effect upon them, unless they be deprived, at the same time, of the power of doing mischief; and endless anxiety will remain for you, if you shall have to reflect that you must either be slaves or preserve your liberty by force of arms.

Of mutual trust, or concord, what hope is there? They wish to be lords, you desire to be free; they seek to inflict injury, you to repel it; they treat your allies as enemies, your enemies as allies.

With feelings so opposite, can peace or friendship subsist between you? I warn, therefore, and exhort you, not to allow such enormous dishonesty to go unpunished. It is not an embezzlement of the public money[117] that has been committed; nor is it a forcible extortion of money from your allies; offenses which, though great, are now, from their frequency, considered as nothing; but the authority of the senate, and your own power, have been sacrificed to the bitterest of enemies, and the public interest has been betrayed for money, both at home and abroad; and unless these misdeeds be investigated, and punishment be inflicted on the guilty, what remains for us but to live the slaves of those who committed them? For those who do what they will with impunity are undoubtedly kings.[118]

I do not, however, wish to encourage you, O Romans, to be better satisfied at finding your fellow-citizens guilty than innocent, but merely to warn you not to bring ruin on the good, by suffering the bad to escape. It is far better, in any government, to be unmindful of a service than of an injury; for a good man, if neglected, only becomes less active; but a bad man, more daring. Besides, if the crimes of the wicked are suppressed,[119] the state will seldom need extraordinary support from the virtuous."

x.x.xII. By repeating these and similar sentiments, Memmius prevailed on the people to send Lucius Ca.s.sius,[120] who was then praetor, to Jugurtha, and to bring him, under guarantee of the public faith[121], to Rome, in order that, by the prince's evidence, the misconduct of Scaurus and the rest, whom they charged with having taken bribes, might more easily be made manifest.

During the course of these proceedings at Rome, those whom Bestia had left in Numidia in command of the army, following the example of their general, had been guilty of many scandalous transactions. Some, seduced by gold, had restored Jugurtha his elephants; others had sold him his deserters; others had ravaged the lands of those at peace with us; so strong a spirit of rapacity, like the contagion of a pestilence, had pervaded the b.r.e.a.s.t.s of all.

Ca.s.sius, when the measure proposed by Memmius had been carried, and while all the n.o.bility were in consternation, set out on his mission to Jugurtha, whom, alarmed as he was, and despairing of his fortune, from a sense of guilt, he admonished "that since he had surrendered himself to the Romans, he had better make trial of their mercy than their power." He also pledged his own word, which Jugurtha valued not less than that of the public, for his safety. Such, at that period, was the reputation of Ca.s.sius.

x.x.xIII. Jugurtha, accordingly, accompanied Ca.s.sius to Rome, but without any mark of royalty, and in the garb, as much as possible, of a suppliant[122]; and, though he felt great confidence on his own part, and was supported by all those through whose power or villainy he had accomplished his projects, he purchased, by a vast bribe, the aid of Caius Baebius, a tribune of the people, by whose audacity he hoped to be protected against the law, and against all harm.