The History of Rome Volume I Part 10

62. Besides that they had already of themselves recovered a sufficient degree of courage, the Romans were fired with exasperation "that the other army would soon return victorious to the city; that the enemy were now wantonly insulting them by contumelies; when would they be a match for the enemy, if they were not so then?" When the consul ascertained that the soldiers gave expression to these sentiments in the camp, having summoned an a.s.sembly: "How matters have gone on in Algidum," says he, "I suppose that you, soldiers, have already heard. As became the army of a free people to behave, so have they behaved: through the judicious conduct of my colleague and the valour of the soldiers, the victory has been gained. For my part, the plan and determination which I am to maintain, you yourselves shall suggest. The war may be both prolonged with advantage, and be brought to a speedy conclusion. If it is to be prolonged, I shall take care by the same discipline with which I have commenced, that your hopes and your valour may increase every day. If you have now sufficient courage, and it is your wish that the matter be decided, come on, raise here that shout such as you will raise in the field of battle, the index at once of your inclination and your valour." When the shout was raised with great alacrity, he a.s.sures them "that with the good favour of heaven, he would comply with their wishes and lead them next day to the field." The remainder of the day is spent in preparing their arms. On the following day, as soon as the Sabines saw the Roman army being drawn up in order of battle, they too, as being long since eager for the encounter, come forward. The battle was such a one as may be expected between two armies confident in themselves, the one animated by the glory of former and uninterrupted glory, the other lately so by an unusual instance of success. The Sabines aided their strength by stratagem also; for having formed a line equal (to that of the enemy,) they kept two thousand men in reserve, to make an attack on the left wing of the Romans in the heat of the battle. When these, by an attack in flank, were overpowering that wing, now almost surrounded, about six hundred of the cavalry of two legions leap down from their horses, and rush forward in front of their men, now giving way; and they at the same time both oppose the progress of the enemy, and incite the courage of the infantry, first sharing the danger equally with them, and then by arousing in them a sense of shame. It was a matter of shame that the cavalry should fight in their own proper character and in that of others; and that the infantry should not be equal to the cavalry even when dismounted.

63. They press forward therefore to the fight, which had been suspended on their part, and endeavour to regain the ground which they had lost, and in a moment not only is the battle restored, but one of the wings of the Sabines gives way. The cavalry, covered between the ranks of the foot, return to their horses; they then gallop across to the other division to announce their success to their party; at the same time also they make a charge on the enemy, now disheartened by the discomfiture of their stronger wing. The valour of none shone more conspicuous in that battle. The consul provided for all emergencies; he applauded the brave, rebuked wherever the battle seemed to slacken. When reproved, they displayed immediately the energy of brave men; and a sense of shame stimulated them as much as praises excited the others. The shout being raised anew, and making a united effort, they drive the enemy back; nor could the Roman power be any longer resisted. The Sabines, driven in every direction through the country, leave behind them their camp as plunder for the enemy. There the Roman recovers the effects not of the allies, as at Algidum, but his own property, which had been lost by the devastations of their lands. For this double victory, obtained in two battles, in two different places, the senate through jealousy decreed merely supplications in the name of the consuls for one day only. The people went, however, on the second day also in great numbers of their own accord to offer thanksgiving; and this unauthorized and popular supplication was even more zealously attended. The consuls by concert came to the city within the same two days, and called out the senate to the Campus Martius. Where, when they were relating the services performed by themselves, the chiefs of the patricians complained that the senate was convened among the soldiers designedly for the purpose of intimidation. The consuls therefore, lest there might be any foundation for such a charge, called away the senate to the Flaminian meadows, where the temple of Apollo now is (even then they called it Apollinaris). Where, when a triumph was refused by a large majority of the patricians, Lucius Icilius, tribune of the commons, proposed to the people regarding the triumph of the consuls, many persons coming forward to argue against the measure, but in particular Caius Claudius, exclaiming, "That it was over the senate, not over the enemy, the consuls wished to triumph; and that it was intended as a return for a private service to a tribune, and not as an honour due to valour. That never before was the matter of a triumph managed through the people; but that the consideration concerning the honour and the disposal of it, always lay with the senate; that not even the kings had infringed on the majesty of this highest order. That the tribunes should not thus occupy every department with their own authority, so as to allow the existence of no public council; that the state would be free, and the laws equalized by these means only, if each rank would retain its own rights, its own dignity." Though much had been said by the other senior patricians also to the same purpose, all the tribes approved that proposition. Then for the first time a triumph was celebrated by order of the people, without the authority of the senate.

64. This victory of the tribunes and people was well nigh terminating in an extravagance of a by no means salutary tendency, a conspiracy being formed among the tribunes to have the same tribunes re-elected, and in order that their ambition might be the less conspicuous, to continue their office to the consuls. They pleaded, as a cause, the combination of the patricians by which the privileges of the commons were attempted to be undermined by the affronts thrown upon the consuls. What would be the consequence, before the laws are yet firmly established, if consuls should through their factions attack the new tribunes. For that Horatii and Valerii would not always be consuls, who would postpone their own interest to the liberty of the people. By some concurrence of circ.u.mstances, useful at the time, it fell by lot to Marcus Duilius above any one else to preside at the elections, a man of prudence, and who perceived the storm of public odium that was hanging over them from the continuance of their office. And when he stated that he would take no notice of the former tribunes, and his colleagues strenuously insisted that he should allow the tribes to be at liberty to vote, or should give up the office of presiding at the elections to his colleagues, who would hold the election according to law rather than according to the pleasure of the patricians; a contention being now excited, when Duilius had sent for the consuls to his seat and asked them what they contemplated doing with respect to the consular elections, and they answered that they would appoint new consuls, having found popular supporters of a measure by no means popular, he proceeded with them into the a.s.sembly. Where, when the consuls, being brought forward before the people, and asked, whether if the Roman people, mindful of their liberty recovered at home through them, mindful also of their military services, should again elect them consuls, what they would do, made no change in their sentiments; he held the election, after eulogizing the consuls, because they persevered to the last in being unlike the decemvirs; and five tribunes of the people being elected, when, through the zealous exertions of the nine tribunes who openly pushed their canva.s.s, the other candidates could not make up the required number of tribes, he dismissed the a.s.sembly; nor did he hold one after for the purpose of an election. He said that he had fulfilled the law, which without any where specifying the number of tribunes, only enacted that tribunes should be left; and recommended that colleagues be chosen by those who had been elected. And he recited the terms of the law, in which (it is said,) "If I shall propose ten tribunes of the commons, if you elect this day less than ten tribunes of the people, then that those whom they may have chosen as colleagues for themselves be legitimate tribunes of the people, by the same law as those whom you have this day elected tribunes of the people." When Duilius persevered to the last, stating that the republic could not have fifteen tribunes of the people, after baffling the ambition of his colleagues, he resigned his office, being equally approved by the patricians and people.

65. The new tribunes of the people in electing their colleagues evinced a disposition to gratify the wishes of the patricians; they even elected two who were patricians, and even consulars, Spurius Tarpeius and Aulus Aterius. The consuls then elected, Largius Herminius, t.i.tus Virginius Caelimonta.n.u.s not very much inclined to the cause either of the patricians or commons, had perfect tranquillity both at home and abroad.

Lucius Trebonius, tribune of the commons, incensed against the patricians, because, as he said, he was imposed on by them in the affair of choosing colleagues, and betrayed by his colleagues, carried a proposal, "that whoever took the votes of the commons in electing tribunes of the people, he should go on taking the votes, until he elected ten tribunes of the people;" and he spent his tribuneship in worrying the patricians, whence the cognomen of Asper was given him.

Next Marcus Geganius Macerinus, and Caius Julius, being elected consuls, quieted some combinations of the tribunes against the youth of the n.o.bility, without any harsh proceeding against that power, and still preserving the dignity of the patricians; by proclaiming a levy for the war against the Volscians and aequans, they kept the people from riots by keeping matters in abeyance; affirming, that every thing was quiet abroad, there being harmony in the city, and that through civil discord the enemies a.s.sumed new courage. Their anxiety for peace was also the cause of concord at home. But each of the orders ever took advantage of moderation in the other. Acts of injustice began to be committed by the younger patricians on the commons when perfectly quiet. When the tribunes would a.s.sist the weaker party, at first it was of little use; then not even themselves escaped being ill-treated; particularly in the latter months, when injustice was committed through the combinations among the more powerful, and the vigour of every magistracy becomes considerably more lax in the latter part of the year; and now the commons placed hopes in the tribuneship, only on the condition that they had tribunes like Icilius; that for the last two years they had had only mere names. On the other hand, the elder members of the patrician order, though they considered their young men to be too overbearing, yet would rather, if bounds were to be exceeded, that a redundancy of spirit should exist in their own order than in their adversaries. So difficult a thing is moderation in maintaining liberty, whilst by pretending to desire equalization, every person raises himself in such a manner as to depress another; and men, by their very precautions against fear, cause themselves to become objects of dread; and we saddle on others injustice thrown off from ourselves, as if it were actually necessary either to commit injustice or to submit to it.

66. t.i.tus Quintius Capitolinus, for the fourth time, and Agrippa Furius being then elected consuls, found neither disturbance at home nor war abroad; both, however, were impending. The discord of the citizens could now no longer be checked, both tribunes and commons being exasperated against the patricians, when a day of trial being appointed for any of the n.o.bility always embroiled the a.s.semblies with new contests. On the first noise of which the aequans and Volscians, as if they had received a signal, took up arms; at the same time because their leaders, desirous of plunder, had persuaded them that the levy proclaimed two years previously could not be proceeded with, the commons now refusing obedience; that on that account no armies were sent against them; that military discipline was subverted by licentiousness; and that Rome was no longer considered as their common country; that whatever resentment and animosity they may have entertained against foreigners, was now turned against each other; that now an occasion offered for destroying those wolves blinded by intestine rage. Having united their forces, they first laid waste the Latin territory: when no resistance was found there, then indeed, to the great exultation of the advisers of the war, they approached the very walls of Rome, carrying their depredations into the district around the Esquiline gate, pointing out to the city the devastation of the land by way of insult. Whence when they marched back to Corbio unmolested, and driving the prey before them, Quintius the consul summoned the people to an a.s.sembly.

67. There I find that he spoke to this purport: "Though I am conscious to myself of no fault, Romans, yet with the greatest shame I have come forward to your a.s.sembly. That you should know this; that this should be handed down on record to posterity, that the aequans and Volscians, a short time since scarcely a match for the Hernicians, have with impunity come with arms in their hands to the walls of Rome, in the fourth consulate of t.i.tus Quintius. Had I known that this ignominy was reserved for this particular year, (though we are now long living in such a manner, such is the state of affairs, that my mind could augur nothing good,) I would have avoided this honour either by exile or by death, if there were no other means of escaping it. Then if men of courage had those arms, which were at our gates, could Rome be taken in my consulate? I have had sufficient honours, enough and more than enough of life: I should have died in my third consulate. Whom did these most dastardly enemies despise? us, consuls, or you, citizens? If the fault is in us, take away the command from us as unworthy persons; and if that is insufficient, further inflict punishment on us. If in you, may there be none of G.o.ds or men who will punish your offences; do you only repent of them. It is not your cowardice they have despised, nor their own valour they have confided in; for having been so often routed and put to flight, stripped of their camp, amerced in their land, sent under the yoke, they know both themselves and you. The discord among the several orders is the bane of this city; the contests of the patricians and commons have raised their spirits; whilst we have neither bounds in the pursuit of power, nor you in that of liberty, whilst you are tired of patrician, these of plebeian magistrates. In the name of heaven, what would ye have? You coveted tribunes of the commons; we conceded them for the sake of concord. Ye longed for decemvirs; we suffered them to be created. Ye became weary of decemvirs; we compelled them to resign the office. Your resentment against these same persons when they became private citizens still continuing, we suffered men of the highest families and rank to die or go into exile. Ye wished again to create tribunes of the commons; ye created them. Though we saw that it was unjust to the patricians to create consuls in your own interest, we have even seen a patrician magistracy conceded as an offering to the people.

The aid of tribunes, right of appeal to the people, the acts of the commons made binding on the patricians under the pretext of equalizing the laws, the subversion of our privileges, we have borne and still bear. What termination is there to be to our dissensions? when shall it be allowed us to have a united city? when to have one common country?

When defeated we submit with more resignation than you when victorious.

Is it enough for you, that you are objects of terror to us? The Aventine is taken against us; against us the Sacred mount is seized. When the Esquiliae is almost taken by the enemy, and when the Volscian foe is scaling your rampart, there is no one to dislodge him: against us ye are men, against us ye take up arms.

68. "Come, when ye have blockaded the senate-house here, and have made the forum the seat of war, and filled the prison with the leading men of the state, march forth through the Esquiline gate, with that same determined spirit; or if ye do not even venture thus far, behold from your walls the lands laid waste with fire and sword, booty driven off, the houses set on fire in every direction and smoking. But (I may be told) it is the public weal that is in a worse condition through these results: the land is burned, the city is besieged, all the glory of the war is centred in the enemy. What in the name of heaven? in what state is your own private interest? just now his own private losses were announced to each of you from the lands. What, pray, is there at home, whence you may recruit them? Will the tribunes restore and compensate you for what ye have lost? Of sound and words they will heap on you as much as ye please, and of charges against the leading men, and laws one upon another, and of public meetings. But from these meetings never has one of you returned home more increased in substance or in fortune. Has any one ever brought back to his wife and children aught save hatred, quarrels, grudges public and private? from which (and their effects) you have been ever protected, not by your own valour and integrity, but by the aid of others. But, when you served under the guidance of us consuls, not under your tribunes, and the enemy trembled at your shout in the field of battle, not the Roman patricians in the a.s.sembly, booty being obtained, land taken from the enemy, with a plentiful stock of wealth and glory, both public and private, you used to return home to your household G.o.ds in triumph: now you allow the enemy to go off laden with your property. Continue immovably tied to your a.s.semblies, live in the forum; the necessity of taking the field, which ye avoid, still follows you. Was it too hard on you to march against the aequans and the Volscians? The war is at your gates: if it is not repelled from thence, it will soon be within your walls, and will scale the citadel and Capitol, and follow you into your very houses. Two years ago the senate ordered a levy to be held, and the army to march to Algidum; yet we sit down listless at home, quarrelling with each other like women; delighting in present peace, and not seeing that after that short-lived intermission complicated wars are sure to return. That there are other topics more pleasing than these, I well know; but even though my own mind did not prompt me to it, necessity obliges me to speak that which is true instead of that which is pleasing. I would indeed be anxious to please you, Romans; but I am much more anxious that ye should be preserved, whatever sentiments ye shall entertain towards me. It has been so ordained by nature, that he who addresses a mult.i.tude for his own private interest, is more pleasing than the man whose mind has nothing in view but the public interest. Unless perhaps you suppose that those public sycophants, those flatterers of the commons, who neither suffer you to take up arms nor to live in peace, incite and work you up for your own interests. When excited, you are to them sources either of honour or of profit: and because, during concord between the several orders, they see that themselves are of no importance on any side, they wish to be leaders of a bad cause rather than of no cause whatever, of tumults, and of sedition. Of which state of things, if a tedium can at length enter your minds, and if ye are willing to resume the modes of acting practised by your forefathers, and formerly by yourselves, I submit to any punishment, if I do not rout and put to flight, and strip of their camp, those ravagers of our lands, and transfer from our gates and walls to their cities this terror of war, by which you are now thrown into consternation."

69. Scarcely ever was the speech of a popular tribune more acceptable to the commons, than was this of a most strict consul on that occasion. The young men also, who during such alarming emergencies had been accustomed to employ the refusal to enlist as the sharpest weapon against the patricians, began to direct their thoughts to war and arms: and the flight of the rustics, and those who had been robbed on the lands and wounded, announcing matters more revolting even than what was exhibited to view, filled the whole city with a spirit of vengeance. When the senate a.s.sembled, these all turning to Quintius, looked on him as the only champion of Roman majesty; and the leading senators declared "his harangue to be worthy of the consular authority, worthy of so many consulships formerly borne by him, worthy of his whole life, which was full of honours frequently enjoyed, more frequently deserved. That other consuls had either flattered the commons by betraying the dignity of the patricians, or by harshly maintaining the rights of their order, had rendered the mult.i.tude more difficult to subdue: that t.i.tus Quintius had delivered a speech mindful of the dignity of the patricians, of the concord of the different orders, and above all, of the times. They entreated him and his colleague to take up the interest of the commonwealth; they entreated the tribunes, that by acting in concert with the consuls they would join in repelling the war from the city and the walls, and that they would induce the commons to be obedient to the senate in so perilous a conjuncture: that, their lands being devastated, and their city in a manner besieged, their common country appealed to them as tribunes, and implored their aid." By universal consent the levy is decreed and held. When the consuls gave public notice "that there was no time for examining into excuses, that all the young men should attend on the following morning at the first dawn in the Campus Martius; that when the war was over, they should afford time for inquiring into the excuses of those who had not given in their names; that the man should be held as a deserter, with whose excuse they might not be satisfied;"

the entire youth attended on the following day. The cohorts chose each their centurions: two senators were placed at the head of each cohort.

We have heard that all these measures were perfected with such expedition, that the standards, having been brought forth from the treasury on that very day by the quaestors and conveyed to the Campus, began to move from thence at the fourth hour; and the newly raised army halted at the tenth stone, followed by a few cohorts of veteran soldiers as volunteers. The following day brought the enemy within view, and camp was joined to camp near Corbio. On the third day, when resentment urged on the Romans, a consciousness of guilt for having so often rebelled, and despair (of pardon) urged them on the other side, there was no delay made in coming to an engagement.

70. In the Roman army, though the two consuls were invested with equal authority, the supreme command was by the concession of Agrippa resigned to his colleague, a thing which is most salutary in the management of matters of great importance; and he who was preferred politely responded to the ready condescension of him who lowered himself, by communicating to him all his measures and sharing with him his honours, and by equalizing himself to him no longer his equal. On the field of battle Quintius commanded the right, Agrippa the left wing; the command of the central line is intrusted to Spurius Postumius Albus, as lieutenant-general. Servius Sulpicius, the other lieutenant-general, they place over the cavalry. The infantry on the right wing fought with distinguished valour, with stout resistance from the Volscians. Servius Sulpicius broke with his cavalry through the centre of the enemy's line; whence though he might have returned in the same way to his own party, before the enemy could have restored their broken ranks, it seemed more advisable to attack the enemy's rear, and by attacking the rear he would in a moment have dispersed the enemy by the twofold attack, had not the cavalry of the Volscians and aequans intercepted him and kept him engaged by a mode of fighting similar to his own. Then indeed Sulpicius a.s.serted that "there was no time for delaying," crying out that "they were surrounded and cut off from their own friends, unless they united all their efforts and despatched the engagement with the cavalry. Nor was it enough to rout the enemy without disabling them; that they should slay horses and men, lest any might return to the fight or renew the battle; that they could not resist them, before whom a compact body of infantry had given way." His orders were addressed to by no means deaf ears; by one charge they routed the entire cavalry, dismounted great numbers, and killed with their javelins both the men and the horses. This put a termination to the battle with the cavalry. Then attacking the enemy's line, they send an account to the consuls of what they had done, where the enemy's line was now giving way. The news both gave new spirits to the Romans who were now conquering, and dismayed the aequans as they were beginning to give way. They first began to be beaten in the centre, where the charge of the cavalry had broken their ranks. Then the left wing began to lose ground before the consul Quintius; there was most difficulty on the right. Then Agrippa, buoyed up by youth and vigour, on seeing matters going more favourably in every part of the battle than in his own quarter, took some of the standards from the standard-bearers and carried them on himself, some even he began to throw into the thick of the enemy. The soldiers, urged on by the fear of this disgrace, attacked the enemy; thus the victory was equalized in every quarter.

News then came from Quintius that he, being now victorious, was about to attack the enemy's camp; that he was unwilling to break into it before he learned that they were beaten in the left wing also. If he had routed the enemy, that he should now join him, that all the army together might take possession of the booty. Agrippa being victorious came with mutual congratulations to his victorious colleague and to the enemy's camp.

There being but few to defend it, and these being routed in a moment, they break into the fortifications without a struggle; and they march back the army after it obtained a large share of spoil, having recovered also their own effects, which had been lost by the devastation of the lands. I have not ascertained that either they themselves demanded a triumph, nor that such was conferred on them by the senate; nor is any cause a.s.signed for the honour being either overlooked or not hoped for.

As far as I can conjecture at so great a distance of time, when a triumph had been refused to the consuls Horatius and Valerius, who, in addition to the aequans and Volscians, had gained the glory of finishing the Sabine war, the consuls were ashamed to demand a triumph for one half of the services done by them; lest if they even should obtain it, regard of persons rather than of merit might appear to have been entertained.

71. A disgraceful decision of the people regarding the boundaries of their allies disgraced the honourable victory obtained over their enemies. The states of Aricia and of Ardea, having frequently contended in arms concerning a disputed piece of land, and being wearied out by many mutual losses, appointed the Roman people as arbitrators. When they came to support their claims, an a.s.sembly of the people being granted them by the magistrates, a debate ensued conducted with great warmth.

And the witnesses being now produced, when the tribes were to be called, and the people were to give their votes, Publius Scaptius, a plebeian advanced in years, rises up and says; "Consuls, if it is permitted me to speak on the public interest, I will not suffer the people to be led into a mistake in this matter." When the consuls said that he, as unworthy of attention, was not to be heard and, on his exclaiming "that the public interest was being betrayed," ordered him to be put aside, he appeals to the tribunes. The tribunes, as they are always directed by the mult.i.tude, rather than they direct them, indulged the people, who were anxious to hear him, in granting Scaptius leave to say what he pleased. He then commences: "That he was in his eighty-third year, and that he had served in that district which was now in dispute, not even then a young man as he was serving his twentieth campaign, when operations were going on at Corioli. He therefore adduced a fact forgotten by length of time, but one deeply fixed in his own memory: the district now in dispute had belonged to the territory of Corioli, and after the taking of Corioli, it became by right of war the public property of the Roman people. That he was surprised how the states of Ardea and Aricia should hope to intercept from the Roman people, whom from being the right owners they made arbitrators, a district the right to which they never claimed whilst the state of Corioli subsisted. That he for his part had but a short time to live; he could not however bring himself, old as he now was, to decline claiming by his voice, the only means he now had, a district which, as a soldier, he had contributed to acquire, as far as an individual could. That he strenuously advised the people not to d.a.m.n their own interest by an improper feeling of delicacy."

72. The consuls, when they perceived that Scaptius was listened to not only in silence, but even with approbation, appealing to G.o.ds and men, that an enormous and disgraceful act was being committed, send for the princ.i.p.al senators: with these they went around to the tribunes; entreated, "that, as judges, they would not be guilty of a most heinous crime, with a still worse precedent, by converting the dispute to their own interest, more especially when, even though it may be lawful for a judge to protect his own emolument, so much would by no means be acquired by keeping the land, as would be lost by alienating the affections of their allies by injustice; for that the losses of character and of reputation were greater than could be estimated. Were the amba.s.sadors to carry home this answer; was this to go out to the world; were their allies to hear this; were their enemies to hear it--with what sorrow the one--with what joy the other party? Could they suppose, that the neighbouring states would impute this proceeding to Scaptius, an old babbler at a.s.semblies? that Scaptius would be rendered distinguished by this statue: that the Roman people would a.s.sume the character of a usurper and intercepter of the claims of others. For what judge in a private cause ever acted in this way, so as to adjudge to himself the property in dispute? That even Scaptius himself would not act so, though he has now outlived all sense of shame." Thus the consuls, thus the senators exclaimed; but covetousness, and Scaptius, the adviser of that covetousness, had more influence. The tribes, when convened, decided that the district was the public property of the Roman people. Nor is it denied that it might have been so, if they had gone to other judges; now the disgrace of the decision is certainly not at all diminished by the fairness of the t.i.tle: nor did it appear more disgraceful or more hideous to the people of Aricia and of Ardea, than it did to the Roman senate. The remainder of the year continued free from either city or foreign commotions.

BOOK IV.

_A law was pa.s.sed concerning the intermarriage of the patricians and plebeians, after strong resistance on the part of the patricians. Military tribunes with consular power. Censors created.

Restoration of the lands unjustly taken from the people of Ardea.

Spurius Melius, suspected of aiming at regal power, is slain by C.

Servilius Ahala by order of Quintius Cincinnatus, dictator.

Cornelius Cossus, having killed Tolumnius, king of the Veientes, offers the second_ spolia opima. _Duration of the censorship, originally five years, limited to one year and a half. Fidenae reduced, and a colony settled there. The colonists destroyed by the Fidenatians, who are subsequently conquered by Mamercus aemilius, dictator. A conspiracy of the slaves put down. Postumius, a military tribune, slain by the army for his cruelties. Pay from the treasury first given to the soldiers. Operations against the Volscians, Fidenatians, and Faliscians._

1. Marcus Genucius and Caius Curtius followed these as consuls. The year was disturbed both at home and abroad. For at the commencement of the year Caius Canuleius, tribune of the people, proposed a law concerning the intermarriage of the patricians and commons; by which the patricians considered that their blood would be contaminated, and the privileges of birth would be confounded; and a hint at first lightly suggested by the tribunes, that it should be lawful that one of the consuls should be elected from the commons, afterwards proceeded so far, that the nine tribunes proposed a bill, "that the people should have the power of electing the consuls, whether they wished, from the commons or the patricians. But they thought that if that were done, the supreme authority would not only be shared with the lowest ranks, but be wholly transferred from the n.o.bility to the commons. With joy therefore the patricians heard that the people of Ardea had revolted in consequence of the injustice of the taking away their land, and that the Veientians had laid waste the frontiers of the Roman territory, and that the Volscians and aequans murmured on account of the fortifying of Verrago; so much did they prefer an unsuccessful war to an ignominious peace." These tidings therefore being received and with exaggerations, in order that during the din of so many wars the tribunitian proceedings might be suspended, they order the levies to be held, preparations to be made for war and arms with the utmost activity; with more energy, if possible, than had been used in the consulship of t.i.tus Quintius. Then Caius Canuleius declared aloud in brief terms in the senate, that "the consuls wished in vain to divert the commons from attention to the new laws; that they never should hold a levee while he lived, before the commons had first ratified the laws proposed by him and his colleagues;" and he instantly summoned them to an a.s.sembly.

2. Both the consuls incited the senate against the tribune, and the tribune the people against the consuls at one and the same time. The consuls denied "that tribunitian frenzies could any longer be endured; that they were now come to a crisis; that more hostilities were being stirred up at home than abroad. That this happened not more through the fault of the commons than of the patricians; nor more through that of the tribunes than of the consuls. That the matter for which there was a reward in the state thrived always with the greatest proficiency; that thus it was that men became meritorious in peace, thus in war. That at Rome the highest reward was for sedition; that had ever been the source of honour both to individuals and to collective bodies. They should remember in what condition they had received the majesty of the senate from their forefathers, in what condition they were about to transmit it to their children; that, like the commons, they should have it in their power to boast that it was improved in degree and in splendour. That there was no end, nor would there be, so long as the promoters of sedition were rewarded with honour in proportion as sedition was successful. What and how important schemes Caius Canuleius had set on foot! that he was introducing confounding of family rank, a disturbance of the auspices both public and private, that nothing may remain pure, nothing uncontaminated; that, all distinction being abolished, no one might know either himself or those he belonged to. For what other tendency had those promiscuous intermarriages, except that intercourse between commons and patricians might be made common after the manner of wild beasts; so that of the offspring each may be ignorant of what blood he may be, of what form of religion he was; that he may belong half to the patricians, half to the commons, not being h.o.m.ogeneous even with himself? That it appeared not enough, that all things divine and human should be confounded; that those disturbers of the common people were now preparing to (seize) the consulship; and first that they sounded people's sentiments in mere conversation on the project of having one consul appointed from the commons; that now the proposition was brought forward, that the people may appoint the consuls, whether they pleased from the patricians or from the people; and that they would appoint no doubt every most turbulent person. The Canuleii, therefore, and the Icilii would be consuls. (They expressed a hope) that Jupiter, the best and greatest, would not suffer the imperial majesty of the sovereign power to descend to that; and that they would certainly die a thousand deaths rather than such a disgrace should be incurred. They were certain that their ancestors, could they have divined that the commons would become not more placable to them, but more intractable, by making successive demands still more unreasonable, after they had obtained the first, would have rather submitted to any struggle, than have suffered such laws to be saddled on them. Because it was then conceded to them with respect to tribunes, the concession was made a second time. There was no end to it; tribunes of the commons and patricians could not subsist in the same state; either the one order or the other office must be abolished; and that a stop should be put to presumption and temerity rather late than never. (Was it right) that they, by sowing discord, should with impunity stir up the neighbouring states against us? and then prevent the state from arming and defending itself against those evils which they may have brought on us? and after they have almost sent for the enemy, not suffer the armies to be levied against the enemies?

But Canuleius may have the audacity to declare openly in the senate that, unless the patrician suffer the laws proposed by himself as victorious, to be enacted, he would prevent the levy from being held.

What else was this, but threatening that he would betray his country; that he would suffer it to be attacked and captured? What courage would that expression afford, not to the Roman commons, but to the Volscians, aequans, and the Veientians! would they not hope that, under the generalship of Canuleius, they should be able to scale the Capitol and citadel, if with the deprivation of privilege and majesty, the tribunes should rob the patricians of their courage also? That the consuls were prepared to act against the wicked schemes of their countrymen, before they would act against the arms of the enemy."

3. Just when these matters were going on in the senate, Canuleius thus declaimed in favour of his laws and against the consuls: "Frequently even before now I think I have observed how much the patricians despised you, Romans, how unworthy they deemed you to dwell in the one city and within the same walls with them; but on the present occasion most clearly, in their having risen up so determinedly in opposition to those propositions of ours: in which what else do we do, but remind them that we are their fellow citizens, and that though we possess not the same power, we inhabit the same city? In the one we demand intermarriage, a thing which is usually granted to neighbours and foreigners: we have granted even to vanquished enemies the right of citizenship, which is more than the right of intermarriage. In the other we propose nothing new; we only reclaim and demand that which is the people's; that the Roman people may confer honours on whomsoever they may please. And what in the name of goodness is it for which they embroil heaven and earth?

why was almost an attack made on me just now in the senate? why do they say that they will not restrain themselves from violence, and threaten that they will insult an office, sacred and inviolable? Shall this city no longer be able to stand, and is the empire at stake, if the right of free suffrage is granted to the Roman people, to confer the consulship on whomsoever they may please, and if a plebeian, though he may be worthy of the highest honour, is not precluded from the hope of attaining that honour? and is this of the same import, whether a plebeian be made a consul, as if any one were to propose a slave or the son of a slave to be consul? Do you perceive in what contempt you live?

they would take from you a partic.i.p.ation in this light, if it were permitted them. That you breathe, that you enjoy the faculty of speech, that you possess the forms of human beings, excites their indignation.

Nay even, as I hope for mercy, they say that it is contrary to religion that a plebeian should be made consul. I pray, though we are not admitted to the annals, nor to the commentaries of the pontiffs, do we not know even those things which strangers know? that consuls have succeeded kings? and that they possess no privilege, no majesty which was not formerly inherent in kings? Do you suppose that we ever heard it mentioned that Numa Pompilius, who not only was not a patrician, but not even a citizen of Rome, was sent for from the country of the Sabines by order of the people, with the approbation of the senate, and that he was made king at Rome? that afterwards Lucius Tarquinius, who was not only not of Roman, but not even of Italian extraction, the son of Damaratus of Corinth, an emigrant from Tarquinii, was made king, even whilst the sons of Ancus still lived? that after him Servius Tullius, the son of a captive woman of Corniculum, with his father unknown, his mother a slave, attained the throne by his ability and merit? For what shall I say of t.i.tus Tatius the Sabine, whom Romulus himself, the founder of our city, admitted into partnership of the throne? Accordingly, whilst no cla.s.s of persons is disdained, in whom conspicuous merit may be found, the Roman dominion increased. You do well to be dissatisfied now with a plebeian consul, when your ancestors disdained not foreigners as kings, and when, even after the expulsion of kings, the city was not shut against foreign merit. After the expulsion of the kings, we certainly admitted the Claudian family from the Sabine country not only into citizenship, but even into the number of the patricians. Can a man from a foreigner be made a patrician, then a consul? shall a Roman citizen, if he belong to the commons, be precluded from all hope of the consulate? Do we then deem it impossible that a man of the commons can be a person of fort.i.tude and activity, qualified to excel both in peace and war, tyke to Numa, Lucius Tarquinius, and Servius Tullius? Or, should such appear, shall we not suffer him to meddle with the helm of government? or shall we have consuls like the decemvirs, the most abandoned of mortals, who were, however, all patricians, rather than like the best of kings, though new men?

4. "But (I may be told) no commoner has been consul since the expulsion of the kings. What then? ought no innovation to be introduced? and what has not yet been practised, (and in a new state there are many things not yet practised,) ought not even such measures, even though they be useful, be adopted? During the reign of Romulus there were no pontiffs, nor augurs: they were appointed by Numa Pompilius. There was no census in the state, nor the distribution of centuries and cla.s.ses; it was introduced by Servius Tullius: there never had been consuls; they were created after the expulsion of the kings. Of a dictator neither the office nor the name had existed; it commenced its existence among the senators. There were no tribunes of the people, aediles, nor quaestors: it was resolved that those officers should be appointed. Within the last ten years we both created decemvirs for compiling laws, and we abolished them. Who can doubt but that in a city doomed for eternal duration, increasing to an immense magnitude, new civil offices, priesthoods, rights of families and of individuals, may be established? This very matter, that there should not be the right of intermarriage between patricians and commons, did not the decemvirs introduce within the last few years to the utmost injury of the commons, on a principle most detrimental to the public? Can there be a greater or more marked insult, than that one portion of the state, as if contaminated, should be deemed unworthy of intermarriage? What else is it than to suffer exile within the same walls, actual rustication? They wish to prevent our being mixed with them by affinity or consanguinity; that our blood be not mingled with theirs. What? if this cast a stain on that n.o.bility of yours, which most of you, the progeny of Albans or Sabines, possess, not in right of birth or blood, but by co-optation into the patricians, having been elected either by the kings, or after the expulsion of kings, by order of the people, could ye not keep it pure by private regulations, by neither marrying into the commons, and by not suffering your daughters or sisters to marry out of the patricians. No one of the commons would offer violence to a patrician maiden; such l.u.s.t as that belongs to the patricians. None of them would oblige any man against his will to enter into a marriage contract. But really that such a thing should be prevented by law, that the intermarriage of the patricians and plebeians should be interdicted, that it is which is insulting to the commons. Why do you not combine in enacting a law that there shall be no intermarriage between rich and poor? That which has in all places and always been the business of private regulations, that a woman might marry into whatever family she has been engaged to, and that each man might take a wife out of whatever family he had contracted with, that ye shackle with the restraints of a most tyrannical law, by which ye sever the bonds of civil society and split one state into two. Why do ye not enact a law that a plebeian shall not dwell in the neighbourhood of a patrician? that he shall not go the same road with him? that he shall not enter the same banquet with him? that he shall not stand in the same forum? For what else is there in the matter, if a patrician man wed a plebeian woman, or a plebeian a patrician? What right, pray, is thereby changed? the children surely go with the father. Nor is there any thing which we seek from intermarriage with you, except that we may be held in the number of human beings and fellow citizens; nor is there any reason why ye contest the point, except that it delights you to strive for insult and ignominy to us.

5. "In a word, whether is the supreme power belonging to the Roman people, or is it yours? Whether by the expulsion of kings has dominion been acquired for you or equal liberty for all? It is fitting that the Roman people should be allowed to enact a law, if it please. Or will ye decree a levy by way of punishment, according as each bill shall be proposed? and as soon as I, as tribune, shall begin to call the tribes to give their votes, will you, forthwith, as consul, force the younger men to take the military oath, and lead them out to camp? and will you threaten the commons? will you threaten the tribune? What, if you had not already twice experienced how little those threats availed against the united sense of the people? Of course it was because you wished to consult for our interest, that you abstained from force. Or was there no contest for this reason, that the party which was the stronger was also the more moderate? Nor will there be any contest now, Romans: they will try your spirit; your strength they will not make trial of. Wherefore, consuls, the commons are prepared to accompany you to these wars, whether real or fict.i.tious, if, by restoring the right of intermarriage, you at length make this one state; if they can coalesce, be united and mixed with you by private ties; if the hope, if the access to honours be granted to men of ability and energy; if it is lawful to be in a partnership and share of the government; if, what is the result of equal freedom, it be allowed in the distribution of the annual offices to obey and to govern in their turns. If any one shall obstruct these measures, talk about wars, multiply them by report; no one will give in his name, no one will take up arms, no one will fight for haughty masters, with whom there is no partic.i.p.ation of honours in public, nor of intermarriage in private."

6. When both the consuls came forward into the a.s.sembly, and the matter had changed from a long series of harangues to altercation, the tribune, on asking why it was not right that a plebeian should be made a consul, an answer was returned truly perhaps, though by no means expediently for the present contest, "that no plebeian could have the auspices, and for this reason the decemvirs had prohibited the intermarriage, lest from uncertainty of descent the auspices might be vitiated." The commons were fired with indignation at this above all, because, as if hateful to the immortal G.o.ds, they were denied to be qualified to take auspices. And now (as the commons both had a most energetic supporter in the tribune, and they themselves vied with him in perseverance) there was no end of the contentions, until the patricians, being at length overpowered, agreed that the law regarding intermarriage should be pa.s.sed, judging that by these means most probably the tribunes would either give up altogether or postpone till after the war the question concerning the plebeian consuls; and that in the mean time the commons, content with the intermarriage-law (being pa.s.sed,) would be ready to enlist. When Canuleius was now in high repute by his victory over the patricians and by the favour of the commons, the other tribunes being excited to contend for their bill, set to work with all their might, and, the accounts regarding the war augmenting daily, obstruct the levy. The consuls, when nothing could be transacted through the senate in consequence of the opposition of the tribunes, held meetings of the leading men at their own houses. It was becoming evident that they must concede the victory either to the enemies or to their countrymen.

Valerius and Horatius alone of the consulars did not attend the meetings. The opinion of Caius Claudius was for arming the consuls against the tribunes. The sentiments of the Quintii, both Cincinnatus and Capitolinus, were averse to bloodshed, and to violating (persons) whom by the treaty concluded with the commons they had admitted to be sacred and inviolable. Through these meetings the matter was brought to this, that they suffered tribunes of the soldiers with consular authority to be elected from the patricians and commons without distinction; that with respect to the election of consuls no change should be made; and with this the tribunes were content, as were also the commons. An a.s.sembly is now proclaimed for electing three tribunes with consular power. This being proclaimed, forthwith whoever had contributed to promote sedition by word or deed, more particularly men who had been tribunes, began to solicit support and to bustle about the forum as candidates; so that despair, in the first instance, of obtaining the honour, by reason of the irritated state of the people's mind, then indignation at having to hold the office with such persons, deterred the patricians; at length however, being forced, they stood as candidates, lest they might appear to have relinquished all share in the government. The result of this election showed that the sentiments of persons in the struggle for liberty and dignity are different from those they feel when the contest is laid aside, the judgment being unbia.s.sed; for the people elected all patricians as tribunes, content with this, that the plebeians had been taken into account. Where could you now find in an individual such moderation, disinterestedness, and elevation of mind, as was then displayed by the entire people?

7. In the three hundred and tenth year after the city of Rome was built, for the first time military tribunes in the room of consuls enter into office, Aulus Semp.r.o.nius Atratinus, Lucius Atilius, t.i.tus Claelius; in whose office the concord prevailing at home afforded peace also abroad.

There are some who, without mentioning the proposal of the law concerning the election of consuls from among the commons, say that three military tribunes were elected on account of the Veientian war being added to the war of the aequans and the Volscians and to the revolt of the Ardeates, because two consuls could not execute so many wars together, these tribunes being invested also with the authority and insignia of consuls. The jurisdiction of that office however did not stand on a firm footing, because the third month after they entered on the office, they resigned the honour, in pursuance of a decree of the augurs, as if unduly elected; because Caius Curtius, who had presided at the election, had not selected his tent with due regard to ceremony.

Amba.s.sadors came to Rome from Ardea complaining of the injustice in such a manner, that it appeared that, if it were redressed, they would continue in amity and the observance of the treaty, on the rest.i.tution of their land. The answer returned by the senate was: "that the judgment of the people could not be rescinded by the senate, besides such a measure could not be adopted on precedent or with justice;, as an additional reason also for the purpose of preserving concord between the several orders of the state. If the Ardeans were willing to abide a seasonable conjuncture, and leave to the senate the mode of redressing the injustice done to them, that the consequence would be that they would rejoice for having moderated their resentment, and that they should be convinced that the patricians were equally anxious that no injustice should arise against them, and that any which may have arisen should not be lasting." Thus the amba.s.sadors, saying that they should lay the whole matter anew before their friends, were dismissed courteously. The patricians, now that the republic was without any curule magistrate, a.s.sembled together and elected an interrex. The contest whether consuls or military tribunes should be elected, kept the matter for several days in a state of interregnum. The interrex and senate strive that the elections of consuls be held; the tribunes of the people, and the people themselves, that elections of the military tribunes be held. The patricians succeeded, because both the commons, sure to confer the one or the other honour on patricians, gave up a needless contest, and the leaders of the commons preferred those elections at which no account was to be taken of them (as candidates) to those at which they should be pa.s.sed by as unworthy. The tribunes of the commons also gave up the contest without a decision, as a compliment to the chiefs of the patricians. t.i.tus Quintius Barbatus, the interrex, elects consuls Lucius Papirius Mugilla.n.u.s, Lucius Semp.r.o.nius Atratinus.

During their consulship, the treaty was renewed with the Ardeans; and that is a record to prove, that they were consuls in that year, though they are not to be found among the ancient annals, nor in the books of the magistrates. I suppose because military tribunes existed at the commencement of the year, on that account, though these consuls were subst.i.tuted, the names of the consuls were left out, just as if the military tribunes were the entire year in office. Licinius Macer states, that they were found both in the Ardean treaty and in the linen books at the temple of Moneta. There was tranquillity both at home and abroad, though so many alarms were held out by the neighbouring states.

8. This year (whether it had tribunes only, or consuls subst.i.tuted in the room of tribunes) is followed by a year when there were undoubtedly consuls, scil. Marcus Geganius Macerinus a second time, t.i.tus Quintius Capitolinus a fifth time. This same year was the commencement of the censorship, a thing which arose from an humble origin, which afterwards increased so much in importance, that in it was vested the regulation of the morals and discipline of Rome, the senate and the centuries of the knights, the distinction of honour and of ignominy were under the sway of that office, the legal right to public and private places, the revenues of the Roman people fell under their beck and jurisdiction. The inst.i.tution of the thing originated in this, that the people not having been subjected to a survey for several years, the census could neither be deferred, nor had the consuls leisure to discharge their duty, when wars impended from so many states. An observation was made by the senate, "that an office laborious in itself, and one little suited to the consular office, required a magistrate for itself, to whose authority should be submitted the duties of the several scribes, the custody and care of the records, as well as the adjustment of the form to be adopted in the census." And inconsiderable though the proposal might be, still the senate received it with great pleasure, because it increased the number of patrician magistrates in the state, judging also that that would come to pa.s.s, which really did occur, viz. that the influence of those who should preside, and the honour of the office would derive on it additional authority and dignity. The tribunes also, considering the discharge of the duty (as was really the case) as necessary rather than the duty itself, as being attended with l.u.s.tre, did not indeed offer opposition, lest they should through perverseness show a disposition to thwart them even in trifles. After the honour was rejected by the leading men of the state, the people by their suffrages appointed to the office of conducting the census Papirius and Semp.r.o.nius, concerning whose consulate doubts are entertained, that in that magistracy they might have some recompence for the incompleteness of their consulate. They were called censors from the nature of their office.

9. Whilst these matters are transacting at Rome, amba.s.sadors come from Ardea, imploring aid for their city, which was nearly destroyed, in consideration of their very ancient alliance, and of the treaty recently renewed. For by intestine wars they were not allowed to enjoy the peace with Rome, which they had by the soundest policy preserved; the cause and origin of which is said to have arisen from a struggle between factions; which have proved and ever will prove more a cause of destruction to several states, than foreign wars, famine, or disease, or any of the other evils which men refer to the anger of heaven, as the severest of public calamities. Two young men courted a maiden of a plebeian family, highly distinguished for beauty: one of them on a level with the maid in point of birth, and favoured by her guardians, who were themselves of the same rank; the other of n.o.ble birth, captivated by nothing but her beauty. The latter was aided by the good wishes of the n.o.bles, through which party disputes made their way even into the girl's family. The n.o.bleman was preferred in the judgment of the mother, who was anxious that her daughter should have the most splendid match possible: the guardians, mindful of party even in that transaction, strove for the person of their own order. As the matter could not be settled within the walls of the house, they proceeded to a court of justice. On hearing the claim of the mother and of the guardians, the magistrate decides the right of marriage in conformity with the wish of the mother. But violence was the more powerful. For the guardians, having harangued openly in the forum among persons of their own faction, on the injustice of the decree, collected a party and carry off the girl from her mother's house: against whom a body of n.o.bles having arisen more incensed than before, attends the young man rendered furious by the outrage. A desperate battle takes place; the commons in no respect like to the Roman commons were worsted, and having set out from the city in arms, and taken possession of a hill, make excursions into the lands of the n.o.bles with fire and sword. The city too, which had been previously free from all contest, they set about besieging, having induced, by the hope of plunder, a mult.i.tude of artisans to join them: nor was any appearance or calamity of war absent; as if the whole state were infested by the mad rage of the two young men, who sought the accomplishment of the fatal match through their country's ruin. The arms and war at home seemed insufficient to both parties. The n.o.bles called in the Romans to the relief of their besieged city; the commons called upon the Volscians to join them in storming Ardea. The Volscians, under the command of Claelius, an aequan, came first to Ardea, and drew a line of circ.u.mvallation around the enemy's walls. When news of this was brought to Rome, Marcus Geganius, the consul, having set out immediately at the head of an army, selected a place for his camp about three miles from the enemy; and the day being now fast declining, he orders his soldiers to refresh themselves; then at the fourth watch he puts his troops in motion; and the work, once commenced, was expedited in such a manner, that at sun-rise the Volscians found themselves enclosed by the Romans with stronger works than the city was by themselves. The consul had also at another place connected an arm to the wall of Ardea, through which his friends might pa.s.s to and from the town.

10. The Volscian general, who up to that period had maintained his army, not out of provisions which had been previously provided, but with corn brought in daily from the plunder of the country, when now encompa.s.sed by a rampart he perceives himself suddenly dest.i.tute of every thing, calling the consul to a conference, says, that "if the Roman came for the purpose of raising the siege, he would withdraw the Volscians from thence." To this the consul made answer, that "the vanquished had to accept terms, not to dictate them; and as the Volscians came at their own discretion to attack the allies of the Roman people, they should not go off in the same same way." He orders, "that their general be given up, their arms laid down, acknowledging themselves vanquished, and ready to submit to his further orders: otherwise, whether they went away or stayed, that he would prove a determined enemy, and would prefer to carry to Rome a victory over the Volscians than an insidious peace."

The Volscians, determined on trying the slender hope they had in arms, all other being now cut off, besides many other disadvantages, having come to an engagement in a place unfavourable for fighting, and still more so for retreat, when they were being cut down on every side, from fighting have recourse to entreaties; having given up their general and surrendered their arms, they are sent under the yoke and dismissed full of disgrace and suffering, with one garment each. And when they halted not far from the city of Tusculum, in consequence of an old grudge of the Tusculans they were surprised, unarmed as they were, and suffered severe punishment, a messenger being scarcely left to bring an account of their defeat. The Roman general quieted the disturbed state of affairs at Ardea, beheading the princ.i.p.al authors of that commotion, and confiscating their effects to the public treasury of the Ardeans; the Ardeans considered the injustice of the decision completely repaired by such kindness on the part of the Roman people; it seemed to the senate, however, that something remained to be done to obliterate the remembrance of public avarice. The consul returns to the city in triumph, Claelius, the general of the Volscians, being led before his chariot, and the spoils being carried before him, of which he had stripped the ene