45. The Roman consuls also dreaded nothing else, than their own strength, and their own arms. The recollection of the destructive precedent set in the last war, deterred them from bringing matters to such a pa.s.s as that they should have to fear two armies at the same time. Accordingly they kept within their camp, avoiding this double danger: "that delay and time itself would soften down resentment, and bring a right way of thinking to their minds." The Veientian enemy and the Etrurians proceeded with so much the greater precipitation; they provoked them to battle, first riding up to the camp and challenging them; at length, when they produced no effect by reviling as well the consuls themselves as the army, they stated, "that the pretence of internal dissension was a.s.sumed as a cloak for this cowardice; and that the consuls distrusted as much the courage as the obedience of their soldiers. That silence and inaction among men in arms were a novel form of sedition." Besides this they threw out reproaches, both true as well as false, on the upstart quality of their race and origin. Whilst they vociferated these reproaches beneath the very rampart and gates, the consuls bore them without impatience: but at one time indignation, at another time shame, distracted the b.r.e.a.s.t.s of the ignorant mult.i.tude, and diverted their attention from intestine evils; they were unwilling that the enemy should come off unpunished; they were unwilling that success should accrue to the patricians or the consuls; foreign and domestic hatred struggled for mastery in their b.r.e.a.s.t.s; at length the former prevail, so haughtily and insolently did the enemy revile them; they crowd in a body to the general"s tent; they demand battle, they require that the signal be given. The consuls confer together as if to deliberate; they continue the conference for a long time; they were desirous of fighting, but that desire must be checked and concealed, that by opposition and delay they might increase the ardour of the soldiery once roused. An answer is returned, "that the matter in question was premature, that it was not yet time for fighting: that they should keep within their camp." They then issue a proclamation, "that they should abstain from fighting; that if any one fought without orders, they should punish him as an enemy." When they were thus dismissed, their eagerness for fighting increases in proportion as they think that the consuls were less disposed for it; the enemies moreover come up much more insolently, as soon as it was known that the consuls had determined not to fight. For they supposed "that they might insult them with impunity; that their arms were not intrusted to the soldiery.

That the matter would explode in a violent mutiny; that a termination had come to the Roman empire." Relying on these hopes, they run up to the gates, heap reproaches on them, with difficulty refrain from a.s.saulting the camp. Now indeed the Romans could no longer endure these insults; they crowd from every quarter of the camp to the consuls: they no longer, as formerly, make their demand with reserve, through the mediation of the centurions of the first rank; but all proceed indiscriminately with loud clamours. The affair was now ripe; still they put it off. Fabius then, his colleague giving way in consequence of his dread of mutiny being now augmented by the uproar, after he had commanded silence by sound of trumpet, says, "that these men are able to conquer, Cneius Manlius, I know; that they are willing they themselves have prevented me from knowing. It is therefore resolved and determined not to give the signal, unless they swear that they will return victorious from this battle. The soldier has once deceived the Roman consul in the field, the G.o.ds he never will deceive." There was a centurion, Marcus Flavoleius, one of the foremost in demanding battle; he says, "M. Fabius, I will return victorious from the field." If he deceived, he invokes the anger of father Jove, Mars Gradivus, and of the other G.o.ds. After him the entire army severally take the same oath. The signal is given to them when sworn; they take up arms, go into battle, full of rage and of hope. They bid the Etrurians now to cast their reproaches; they severally require that the enemy, once so ready with the tongue, should now stand before them armed as they were. On that day the bravery of all, both commons and patricians, was extraordinary: the Fabian name, the Fabian race shone forth most conspicuous: they are determined to recover in that battle the affections of the commons, which during many civil contests had been alienated from them. The line of battle is formed; nor do the Veientian foe and the Etrurian legions decline the contest.

46. An almost certain hope was entertained that they would no more fight with them than they had done with the aequi; that even some more serious attempt was not to be despaired of, considering the irritated state of their feelings, and the very critical occasion. The affair turned out altogether differently; for never before in any other war did the Roman soldiers enter the field with more determined minds (so much had the enemy exasperated them by taunts on the one hand, and the consuls by delay on the other). The Etrurians had scarcely time to form their ranks, when the javelins having been thrown away at random, in the first hurry, rather than discharged with aim, the battle had now come to close fighting, even to swords, where the fury of war is most desperate. Among the foremost the Fabian family was distinguished for the sight it afforded and the example it presented to their fellow citizens; one of these, Q. Fabius, (he had been consul two years before,) as he was advancing at the head of his men against a dense body of Veientians, and whilst engaged amid numerous parties of the enemy, and therefore not prepared for it, was transfixed with a sword through the breast by a Tuscan who presumed on his bodily strength and skill in arms: on the weapon being extracted, Fabius fell forward on the wound. Both armies felt the fall of this one man, and the Roman began in consequence to give way, when the consul Marcus Fabius leaped over the body as it lay, and holding up his buckler, said, "Is this what you swore, soldiers, that you would return to the camp in flight? are you thus more afraid of your most dastardly enemies, than of Jupiter and Mars, by whom you have sworn? But I who have not sworn will either return victorious, or will fall fighting here beside thee, Q. Fabius." Then Kaeso Fabius, the consul of the preceding year, says to the consul, "Brother, is it by these words you think you will prevail on them to fight? the G.o.ds by whom they have sworn will prevail on them. Let us also, as men of n.o.ble birth, as is worthy of the Fabian name, enkindle the courage of the soldiers by fighting rather than by exhorting." Thus the two Fabii rush forward to the front with presented spears, and brought on with them the whole line.

47. The battle being restored on one side, Cn. Manlius, the consul, with no less ardour, encouraged the fight on the other wing. Where an almost similar result took place; for as the soldiers undauntedly followed Q.

Fabius on the one wing, so did they follow Manlius on this, as he was driving the enemy now nearly routed, and when he, having received a severe wound, retired from the battle, they fell back, supposing that he was slain, and would have given way, had not the other consul, galloping at full speed to that quarter with some troops of horse, supported their drooping energies, crying out that his colleague was still alive, that he himself was now come victorious, having routed the other wing.

Manlius also shows himself to restore the battle. The well-known voices of the two consuls rekindle the courage of the soldiers; at the same time too the enemy"s line was now weakened, whilst, relying on their superior numbers, they draw off their reserve and send them to storm the camp. This being a.s.saulted without much resistance, whilst they lose time in attending to plunder rather than to fighting, the Roman triarii,[96] who had not been able to sustain the first shock, having sent an account to the consuls of the present position of affairs, return in a compact body to the Praetorium, and of themselves renew the battle. The consul Manlius also having returned to the camp, and posted soldiers at all the gates, had blocked up every pa.s.sage against the enemy. This desperate situation aroused the fury rather than the bravery of the Etrurians; for when rushing on wherever hope held out the prospect of escape, they had frequently advanced with fruitless efforts; one body of young men makes an attack on the consul himself, conspicuous from his arms. The first weapons were intercepted by those who stood around him; afterwards their force could not be sustained. The consul falls, having received a mortal wound, and all around him are dispersed.

The courage of the Etrurians rises. Terror drives the Romans in dismay through the entire camp; and matters would have come to extremities, had not the lieutenant-generals, hastily seizing the body of the consul, opened a pa.s.sage for the enemy at one gate. Through this they rush out; and going away in the utmost disorder, they fall in with the other consul who had been victorious; there again they are slain and routed in every direction. A glorious victory was obtained, saddened however by two so ill.u.s.trious deaths. The consul, therefore, on the senate voting him a triumph, replied, that "if the army could triumph without their general, he would readily accede to it in consideration of their distinguished behaviour in that war: that for his own part, his family being plunged in grief in consequence of the death of his brother Q.

Fabius, and the commonwealth being in some degree bereaved by the loss of one of her consuls, he would not accept the laurel blasted by public and private grief." The triumph thus resigned was more distinguished than any triumph actually enjoyed; so true it is, that glory refused in due season sometimes returns with acc.u.mulated l.u.s.tre. He next celebrates the two funerals of his colleague and brother, one after the other, he himself acting as panegyrist in the case of both, when by ascribing to them his own deserts, he himself obtained the greatest share of them.

And not unmindful of that which he had conceived at the commencement of his consulate, namely, the regaining the affection of the people, he distributes the wounded soldiers among the patricians to be cured. Most of them were given to the Fabii: nor were they treated with greater attention in any other place. From this time the Fabii began to be popular, and that not by any practices except such as were beneficial to the state.

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

48. Accordingly Kaeso Fabius, having been elected consul with T.

Virginius not more with the zealous wishes of the senators than of the commons, attended neither to wars, nor levies, nor any other object, until the hope of concord being now in some measure commenced, the feelings of the commons might be consolidated with those of the senators as soon as possible. Wherefore at the commencement of the year he proposed: "that before any tribune should stand forth as an abettor of the agrarian law, the patricians themselves should be beforehand with them in performing their duty; that they should distribute among the commons the land taken from the enemy in as equal a proportion as possible; that it was but just that those should obtain it, by whose blood and sweat it was obtained." The patricians rejected the proposal with scorn; some even complained that the once brilliant talents of Kaeso were now becoming wanton, and were waning through excess of glory. There were afterwards no factions in the city. The Latins were hara.s.sed by the incursions of the aequi. Kaeso being sent thither with an army, pa.s.ses into the very territory of the aequi to depopulate it. The aequi retired into the towns, and kept themselves within the walls: on that account no battle worth mentioning was fought. But a blow was received from the Veientian foe through the temerity of the other consul; and the army would have been all cut off, had not Kaeso Fabius come to their a.s.sistance in time. From that time there was neither peace nor war with the Veientians; their proceedings had now come very near to the form of that of brigands. They retired from the Roman troops into the city; when they perceived that the troops were drawn off, they made incursions into the country, alternately evading war by quiet, quiet by war. Thus the matter could neither be dropped altogether, nor brought to a conclusion; and other wars were impending either at the moment, as from the aequi and Volsci, who remained inactive no longer than until the recent smart of their late disaster should pa.s.s away; or it was evident that the Sabines, ever hostile, and all Etruria would put themselves in motion: but the Veientians, a constant rather than a formidable enemy, kept their minds in constant uneasiness by their insults more frequently than by any danger apprehended from them; a matter which could at no time be neglected, and which suffered them not to direct their attention to any other object. Then the Fabian family addressed the senate; the consul speaks in the name of the family: "Conscript fathers, the Veientian war requires, as you know, a constant rather than a strong force. Do you attend to other wars: a.s.sign the Fabii as enemies to the Veientians. We pledge ourselves that the majesty of the Roman name shall be safe in that quarter. That war, as the property of our family, it is our determination to conduct at our own private expense. Let the republic be spared the expense of soldiers and money there." The warmest thanks were returned to them. The consul, leaving the senate-house, accompanied by the Fabii in a body, who had been standing in the porch of the senate-house, returned home. Being ordered to attend on the following day in arms at the consul"s gate, they retire to their homes.

49. The rumour spreads through the entire city; they extol the Fabii to the skies by their encomiums. "That a single family had taken on them the burden of the state: that the Veientian war had now become a private concern, a private quarrel. If there were two families of the same strength in the city, let them demand, the one the Volsci for itself, the other the aequi; that all the neighbouring states might be subdued, the Roman people all the time enjoying profound peace." The day following, the Fabii take up arms; they a.s.semble where they had been ordered. The consul coming forth in his paludamentum,[97] beholds his entire family in the porch drawn up in order of march; being received into the centre, he orders the standards to be carried forward. Never did an army march through the city, either smaller in number, or more distinguished in fame and in the admiration of all men. Three hundred and six soldiers, all patricians, all of the one stock, not one of whom the senate would reject as a leader in its palmiest days, proceeded on their march, menacing destruction to the Veientian state by the prowess of a single family. A crowd followed, partly belonging to their kinsmen and friends, who contemplated in mind no moderation either as to their hopes or anxiety, but every thing on the highest scale; partly consisting of individuals not connected with their family, aroused by solicitude for the public weal, all enraptured with esteem and admiration. They bid them "proceed in the brave resolve, proceed with happy omens, bring back results proportioned to their undertaking: thence to expect consulships and triumphs, all rewards, all honours from them." As they pa.s.sed the Capitol and the citadel, and the other sacred edifices, they offer up prayers to all the G.o.ds that presented themselves to their sight, or to their mind: that "they would send forward that band with prosperity and success, and soon send them back safe into their country to their parents." In vain were these prayers sent up. Having set out on their luckless road by the right-hand postern of the Carmental gate, they arrive at the river Cremera: this appeared a favourable situation for fortifying a post. L. aemilius and C.

Servilius were then created consuls. And as long as there was nothing else to occupy them but mutual devastations, the Fabii were not only sufficiently able to protect their garrison, but through the entire tract, as far as the Etrurian joins the Roman territory, they protected all their own districts and ravaged those of the enemy, spreading their forces along both frontiers. There was afterwards an intermission, though not of long duration, to these depredations: whilst both the Veientians, having sent for an army from Etruria, a.s.sault the post at the Cremera, and the Roman troops, led thither by L. aemilius the consul, come to a close engagement in the field with the Etrurians; although the Veientians had scarcely time to draw up their line: for during the first alarm, whilst the ranks are posting themselves behind their respective banners and they are stationing their reserves, a brigade of Roman cavalry charging them suddenly in flank, took away all opportunity not only of commencing the fight, but even of standing their ground. Thus being driven back to the Red Rocks, (there they pitched their camp,) they suppliantly sue for peace; for the obtaining of which they were sorry, from the natural inconsistency of their minds, before the Roman garrison was drawn off from the Cremera.

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

50. Again the Veientian state had to contend with the Fabii without any additional military armament [on either side]; and there were not merely incursions into each other"s territories, or sudden attacks on those making the incursions, but they fought repeatedly in the open field, and in pitched battles: and one family of the Roman people oftentimes gained the victory over an entire Etrurian state, one of the most powerful at that time. This at first appeared mortifying and humiliating to the Veientians: then (they formed) a design, suggested by the circ.u.mstance, of surprising their daring enemy by an ambuscade; they were even glad that the confidence of the Fabii was increasing by their great success.

Wherefore cattle were frequently driven in the way of the plundering parties, as if they had come there by mere accident, and tracts of land were abandoned by the flight of the peasants; and troops of armed men sent to prevent the devastations retreated more frequently from pretended than from real fear. And now the Fabii had such a contempt for the enemy, as to believe that their invincible arms could not be withstood either in any place or on any occasion: this presumption carried them so far, that at the sight of some cattle at a distance from Cremera, with an extensive plain lying between, they ran down to it (although few troops of the enemy were observed); and when incautious and in disorderly haste they had pa.s.sed the ambuscade placed on either side of the very road; and when dispersed in different directions they began to carry off the cattle straying about, as is usual when they are frightened, the Veientians rise up suddenly from their ambuscade, and the enemy were in front and on every side. At first the shout that was raised terrified them; then weapons a.s.sailed them from every side; and, the Etrurians closing, they also were compelled, hemmed in as they now were by a compact body of soldiers, to contract their own circle within a narrower compa.s.s; which circ.u.mstance rendered striking both their own paucity of numbers, and the superior numbers of the enemy, the ranks being crowded in a narrow s.p.a.ce. Then the plan of fighting, which they had directed equally against every part, being now relinquished, they all incline their forces towards one point; in that direction straining every effort both with their bodies and arms, they forced a pa.s.sage by forming a wedge. The way led to a hill of moderate acclivity; here they first halted: presently, as soon as the higher ground afforded them time to gain breath, and to recover from so great a panic, they repulsed them as they advanced up; and the small band by the advantage of the ground was gaining the victory, had not a party of the Veientians, sent round the ridge of the hill, made their way to the summit; thus again the enemy obtained the higher ground; all the Fabii were killed to a man, and the fort was taken: it is agreed on all hands that the three hundred and six were cut off; that one[98] only, who nearly attained the age of p.u.b.erty, was left as a stock for the Fabian race; and that he was destined to prove the greatest support in the dangerous emergencies of the Roman people both at home and in war.

[Footnote 98: This statement is rejected by Niebuhr entirely.]

51. At the time when this disaster was received, C. Horatius and T.

Menenius were consuls. Menenius was immediately sent against the Etrurians, elated with victory. Then too an unsuccessful battle was fought, and the enemy took possession of the Janiculum: and the city would have been besieged, scarcity of provisions bearing hard upon them in addition to the war, (for the Etrurians had pa.s.sed the Tiber,) had not the consul Horatius been recalled from the Volsci; and so closely did that war approach the very walls, that the first battle was fought near the temple of Hope with doubtful success, and a second time at the Colline gate. There, although the Romans had the advantage in a slight degree only, yet that contest rendered the soldiers better for future battles by restoring to them their former courage. Aulus Virginius and Sp. Servilius are created consuls. After the defeat sustained in the last battle, the Veientians declined an engagement. Ravages were committed, and they made incursions in every direction on the Roman territory from the Janiculum as if from a fortress; no where were the cattle or the husbandmen safe. They were afterwards entrapped by the same stratagem as that by which they had entrapped the Fabii: having pursued some cattle that had been driven on designedly for the purpose of decoying them, they fell into an ambuscade; in proportion as they were more numerous, the slaughter was greater. The violent resentment resulting from this disaster was the cause and commencement of one still greater: for having crossed the Tiber by night, they attempted to a.s.sault the camp of the consul Servilius; being repulsed from thence with great slaughter, they with difficulty made good their retreat into the Janiculum. The consul himself also crosses the Tiber, fortifies his camp at the foot of the Janiculum: at break of day on the following morning, both from being somewhat elated by the success of the battle of the day before, more however because the scarcity of corn forced him into measures which, though dangerous, (he adopted) because they were more expeditious, he rashly marched his army up the steep of the Janiculum to the camp of the enemy, and being repulsed from thence with more disgrace than he had repulsed them on the preceding day, he was saved, both himself and his army, by the intervention of his colleague.

The Etrurians (hemmed in) between the two armies, when they presented their rear to the one and the other by turns, were entirely cut off.

Thus the Veientian war was crushed by a fortunate act of temerity.

52. Together with the peace, provisions returned to the city in greater abundance, both by reason of corn having been brought in from Campania, and, as soon as the fear felt by each of future famine left them, that corn being brought forward which had been h.o.a.rded up. Then their minds once more became licentious from their present abundance and ease, and their former subjects of complaint, now that there were none abroad, they sought for at home; the tribunes began to excite the commons by their poison, the agrarian law: they roused them against the senators who opposed it, and not only against them as a body, but also against particular individuals. Q. Considius and T. Genucius, the proposers of the agrarian law, appoint a day of trial for T. Menenius: the loss of the fort of Cremera, whilst the consul had his standing camp at no great distance from thence, was the charge against him. They crushed him, though both the senators had exerted themselves in his behalf with no less earnestness than in behalf of Coriola.n.u.s, and the popularity of his father Agrippa was not yet forgotten. The tribunes, however, went no further than a fine: though they had arraigned him for a capital offence, they imposed on him, when found guilty, a fine of two thousand _a.s.ses_. This proved fatal. They say that he could not submit to the disgrace, and to the anguish of mind (occasioned by it): that, in consequence, he was taken off by disease. Another senator, Sp.

Servilius, being soon after arraigned, as soon as he went out of office, a day of trial having been appointed for him by the tribunes, L.

Caedicius and T. Statius, at the very commencement of the year, in the consulship of C. Nautius and P. Valerius, did not, like Menenius, meet the attacks of the tribunes with supplications from himself and the patricians, but with firm reliance on his own integrity, and his personal influence. The battle with the Etrurians at the Janiculum was the charge against him also: but being a man of an intrepid spirit, as he had formerly acted in the case of public peril, so now in that which was personal to himself, he dispelled the danger by boldly facing it, by confuting not only the tribunes but the commons also, by a bold speech, and upbraiding them with the condemnation and death of T. Menenius, by the good offices of whose father the commons were formerly re-established, and were now in possession of those laws and those magistrates, by means of which they then exercised their insolence; his colleague Virginius also, who was brought forward as a witness, aided him by a.s.signing to him a share of his own deserts; the condemnation of Menenius however was of greater service to him (so much had they changed their minds).

53. The contests at home were now concluded. A Veientian war broke out, with whom the Sabines had united their forces. The consul P. Valerius, after auxiliaries were sent for from the Latins and Hernicians, being despatched to Veii with an army, immediately attacks the Sabine camp, which had been pitched before the walls of their allies: and occasioned such great consternation, that while, dispersed in different directions, they sally forth to repel the a.s.sault of the enemy, the gate which the Romans first attacked was taken; then within the rampart there was rather a carnage than a battle. From the camp the alarm spreads into the city; the Veientians run to arms in as great a panic as if Veii had been taken: some come up to the support of the Sabines, others fall upon the Romans, who had directed all their force against the camp. For a little while they were disconcerted and thrown into confusion; then they too forming two fronts make a stand: and the cavalry, being commanded by the consul to charge, routs the Etrurians and puts them to flight; and in the same hour two armies and two of the most influential and powerful of the neighbouring states were vanquished. Whilst these transactions are going on at Veii, the Volsci and aequi had pitched their camp in the Latin territory, and laid waste their frontiers. The Latins, by their own exertions, being joined by the Hernicians, without either a Roman general or Roman auxiliaries, stripped them of their camp. Besides recovering their own effects, they obtained immense booty. The consul C.

Nautius, however, was sent against the Volsci from Rome. The custom, I suppose, was not pleasing for allies to carry on wars with their own forces and under their own direction without a Roman general and troops.

There was no kind of injury or indignity that was not practised against the Volsci; nor could they be prevailed on however to come to an engagement in the field.

54. Lucius Furius and Caius Manlius were the next consuls. The Veientians fell to Manlius as his province. War however did not take place: a truce for forty years was granted them at their request, corn and pay for the soldiers being demanded of them. Disturbance at home immediately succeeds to peace abroad: the commons were goaded by the tribunes with the excitement of the agrarian law. The consuls, nothing intimidated by the condemnation of Menenius, nor by the danger of Servilius, resist with their utmost might; Cn. Genucius, a tribune of the people, arraigned the consuls on their going out of office. Lucius aemilius and Opiter Virginius enter on the consulate. Instead of Virginius I find Vopiscus Julius consul in some annals. In this year (whatever consuls it had) Furius and Manlius, being summoned to trial before the people, go about in suppliant garb not more to the commons than to the younger patricians; they advise, they caution them "to keep themselves from honours and the administration of public affairs, and that they would consider the consular fasces, the praetexta and curule chair, as nothing else than the decorations of a funeral; that when covered with these fine insignia, as with fillets, they were doomed to death. But if the charms of the consulate were so great, they should rest satisfied that the consulate was held in captivity and crushed by the tribunitian power; that every thing was to be done at the nod and command of the tribune by the consul, as if he were a tribune"s beadle.

If he stir, if he have reference to the patricians, if he should think for a moment that there existed any other party in the state but the commons, let him place before his eyes the banishment of Caius Marcius, the condemnation and death of Menenius." Fired by these discourses, the patricians from that time held their consultations not in public, but in private, and withdrawn from the knowledge of the many; where when this one point was agreed on, that the accused must be rescued whether by just or unjust means, every proposition that was most desperate was most approved; nor was an actor wanted for any deed however daring.

Accordingly on the day of trial, when the people stood in the forum in anxious expectation, they at first began to feel surprised that the tribune did not come down; then when the delay was now becoming more suspicious, they considered that he was deterred by the n.o.bles, and they complained that the public cause was abandoned and betrayed. At length those who had been waiting before the gate of the tribune"s residence, bring word that he was found dead in his house. As soon as rumour spread this through the whole a.s.sembly, just as an army disperses on the fall of its general, so did they separate in different directions. The princ.i.p.al panic seized the tribunes, now warned by their colleague"s death what little aid the devoting laws afforded them. Nor did the patricians bear their joy with sufficient moderation; and so far was any of them from feeling compunction at the guilty act, that even those who were innocent wished to be considered to have perpetrated it, and it was openly declared that the tribunitian power should be subdued by chastis.e.m.e.nt.

55. Immediately after this victory of a most ruinous precedent a levy is proclaimed; and the tribunes being now overawed, the consuls accomplish the matter without any opposition. Then indeed the commons became enraged more on account of the silence of the tribunes than the command of the consuls: and they said "there was an end of their liberty; that they were come back again to the old condition of things; that the tribunitian power had died along with Genucius and was buried with him; that other means must be devised and practised, by which to resist the patricians; and that the only method for that was that the people should defend themselves, since they now had no other aid. That four-and-twenty lictors waited on the consuls; and that these very individuals were from among the commons; that nothing could be more despicable, nor weaker, if there were only persons who could despise them; that each person magnified those things and made them objects of terror to himself." When they had excited each other by these discourses, a lictor was despatched by the consuls to Volero Publilius, a man belonging to the commons, because he stated, that having been a centurion he ought not to be made a common soldier. Volero appeals to the tribunes. When one came to his a.s.sistance, the consuls order the man to be stripped and the rods to be got ready. "I appeal to the people," says Volero, "since tribunes had rather see a Roman citizen scourged before their eyes, than themselves be butchered by you in their bed." The more vehemently he cried out, the more violently did the lictor tear off his clothes and strip him. Then Volero, being both himself of great bodily strength, and being aided by his partisans, having repulsed the lictor, when the shouts of those indignant in his behalf became very intense, betook himself into the thickest part of the crowd, crying out, "I appeal, and implore the protection of the commons; a.s.sist me, fellow citizens; a.s.sist me, fellow soldiers; there is no use in waiting for the tribunes, who themselves stand in need of your aid." The men, being much excited, prepare as it were for battle; and it became manifest that there was urgent danger, that nothing would be held sacred by any one, that there would no longer exist any public or private right. When the consuls faced this so violent storm, they soon experienced that majesty without strength had but little security; the lictors being maltreated, the fasces broken, they are driven from the forum into the senate-house, uncertain how far Volero would push his victory. After that, the disturbance subsiding, when they had ordered the senate to be convened, they complain of the outrages committed on themselves, of the violence of the people, the daring of Volero. Many violent measures having been proposed, the elder members prevailed, who recommended that the unthinking rashness of the commons should not be met by the pa.s.sionate resentment of the patricians.

56. The commons having espoused the interest of Volero, with great warmth choose him, at the next election, tribune of the people for that year, which had Lucius Pinarius and Publius Furius for consuls; and, contrary to the opinion of all men, who thought that he would let loose his tribuneship in hara.s.sing the consuls of the preceding year, postponing private resentment to the public interest, without a.s.sailing the consuls even by a single word, he proposed a law to the people that plebeian magistrates should be elected at the comitia by tribes. A matter of no trifling moment was now being brought forward, under an aspect at first sight by no means alarming; but one which in reality deprived the patricians of all power to elect whatever tribunes they pleased by the suffrages of their clients. The patricians used all their energies in resisting this proposition, which was most pleasing to the commons; and though none of the college could be induced by the influence either of the consuls or of the chief members of the senate to enter a protest against it, the only means of resistance which now existed; yet the matter, important as it was by its own weight, is spun out by contention till the following year. The commons re-elect Volero as tribune. The senators, considering that the question would be carried to the very extreme of a struggle, elect to the consulate Appius Claudius, the son of Appius, who was both hated by and hated the commons, ever since the contests between them and his father. t.i.tus Quintius is a.s.signed to him as his colleague. In the very commencement of the year no other question took precedence of that regarding the law.

But though Volero was the inventor of it, his colleague, Laetorius, was both a more recent abettor of it, as well as a more energetic one.

Whilst Volero confined himself to the subject of the law, avoiding all abuse of the consuls, he commenced with accusing Appius and his family, as having ever been most overbearing and cruel towards the Roman commons, contending that he had been elected by the senators, not as consul, but as executioner, to hara.s.s and torture the people; his rude tongue, he being a military man, was not sufficient to express the freedom of his sentiments. Language therefore failing him, he says, "Romans, since I do not speak with as much readiness as I make good what I have spoken, attend here to-morrow. I will either die here before your eyes, or will carry the law." On the following day the tribunes take possession of the temple; the consuls and the n.o.bility take their places in the a.s.sembly to obstruct the law. Laetorius orders all persons to be removed, except those going to vote; the young n.o.bles kept their places, paying no regard to the officer; then Laetorius orders some of them to be seized. The consul Appius insisted "that the tribune had no jurisdiction over any one except a plebeian; for that he was not a magistrate of the people in general, but only of the commons; for that even he himself could not, according to the usage of their ancestors, by virtue of his authority remove any person; because the words run thus, _if ye think proper, depart, Romans_." He was able to disconcert Laetorius by arguing fluently and contemptuously concerning the right. The tribune therefore, burning with rage, sends his beadle to the consul; the consul sends his lictor to the tribune, exclaiming that he was a private individual, without power and without magistracy; and the tribune would have been roughly treated, had not both the entire a.s.sembly risen up with great warmth in behalf of the tribune against the consul, and a rush of persons belonging to the mult.i.tude, which was now much excited, taken place from the entire city into the forum. Appius, however, withstood so great a storm with obstinacy, and the contest would have ended in a battle, not without blood, had not Quintius, the other consul, after giving it in charge to the men of consular dignity to remove his colleague from the forum by force, if they could not do it otherwise, himself a.s.suaged the enraged people by entreaties, and implored the tribunes to dismiss the a.s.sembly. "That they should give their pa.s.sion time to cool; that delay would not deprive them of their power, but would add prudence to strength; and that the senators would be under the control of the people, and the consul under that of the senators."

57. With difficulty the people were pacified by Quintius: with much more difficulty was the other consul by the patricians. The a.s.sembly of the people being at length dismissed, the consuls convene the senate; where, though fear and resentment by turns had produced a diversity of opinions, the more they were recalled, after the lapse of time, from violence to reflection, the more averse did they become to a continuance of the dispute, so that they returned thanks to Quintius, because by his exertions the disturbance had been quieted. Appius is requested "to consent that the consular dignity should be merely so great as it could be in a peaceably conducted state; that as long as the tribune and consuls were drawing all power, each to his own side, no strength was left between; that the object aimed at was in whose hands the commonwealth should be, distracted and torn as it was, rather than that it should be safe." Appius, on the contrary, called G.o.ds and men to witness that "the commonwealth was betrayed and abandoned through cowardice; that it was not the consul that was wanting to the senate, but the senate to the consul; that more oppressive laws were now being submitted to than were sanctioned on the sacred mount." Overcome however by the unanimous feeling of the senators, he desisted: the law is carried without opposition.

58. Then for the first time the tribunes were elected in the comitia by tribes. Piso said that three were added to the number, whereas there had been only two before. He names the tribunes also, Caius Sicinius, Lucius Numitorius, Marcus Duilius, Spurius Icilius, Lucius Mecilius. During the disturbance at Rome, a war with the Volscians and aequans broke out; they had laid waste the lands, so that if any secession of the people should take place, they might find a refuge with them. The differences being afterwards settled, they removed their camp backwards. Appius Claudius was sent against the Volscians; the aequans fell to Quintius as his province. The severity of Appius was the same in war as at home, being more unrestrained because he was free from tribunitian control. He hated the commons with more than his father"s hatred: he had been defeated by them: when he was set up as the only consul to oppose the tribunitian influence, a law was pa.s.sed, which former consuls obstructed with less effort, amid hopes of the senators by no means so great (as those formed of him). His resentment and indignation at this, excited his imperious temper to hara.s.s the army by the rigour of his command; nor could it (the army) however be subdued by any means; such a spirit of opposition had they imbibed. They executed every measure slowly, indolently, negligently, and with stubbornness: neither shame nor fear restrained them. If he wished the army to move on with expedition, they designedly went more slowly: if he came up to them to encourage them in their work, they all relaxed the energy which they before exerted of their own accord: when he was present they cast down their eyes, they silently cursed him as he pa.s.sed by; so that his mind, invulnerable to plebeian hatred, was sometimes moved. All kind of harsh treatment being tried in vain, he no longer held any intercourse with the soldiers; he said the army was corrupted by the centurions; he sometimes gibingly called them tribunes of the people and Voleros.

59. None of these circ.u.mstances were unknown to the Volscians, and they pressed on with so much the more vigour, hoping that the Roman army would entertain the same spirit of opposition against Appius, which they had formerly entertained against the consul Fabius. But they were much more violent against Appius than against Fabius. For they were not only unwilling to conquer, like Fabius" army, but they wished to be conquered. When led out to the field, they made for their camp in an ignominious flight, nor did they stand their ground until they saw the Volscians advancing to their fortifications, and making dreadful havoc on the rear of their army. Then the obligation to fight was wrung from them, in order that the victorious enemy should be dislodged from their lines; yet it was sufficiently plain that the Roman soldiers were only unwilling that their camp should be taken; some of them gloried in their own defeat and disgrace. When the determined spirit of Appius, undaunted by these things, wished to exercise severity still further, and he summoned a meeting, the lieutenant-generals and tribunes flock around him, advising him "that he would not determine on venturing a trial of an authority, the entire strength of which lay in the acquiescence of those who were to obey. That the soldiers generally refused to come to the a.s.sembly, and that their clamours were heard in every direction demanding that the camp should be removed from the Volscian territory.

That the victorious enemy were but a little time ago almost at the very gates and rampart; and that not merely a suspicion, but a manifest indication of a grievous disaster presented itself to their eyes."

Yielding at length, (since they would gain nothing save a delay of punishment,) having prorogued the a.s.sembly, after he had given orders that their march should be proclaimed for the following day, he, at the first dawn, gave the signal for departure by sound of trumpet. When the army, having just got clear of the camp, were forming themselves, the Volscians, as being aroused by the same signal, fall upon those in the rear; from whom the alarm spreading to the van, confounded both the battalions and ranks with such consternation, that neither the generals"

orders could be distinctly heard, nor the lines be drawn up, no one thinking of any thing but flight. In such confusion did they make their way through heaps of dead bodies and of arms, that the enemy ceased to pursue sooner than the Romans to fly. The soldiers being at length collected from their scattered rout, the consul, after he had in vain followed his men for the purpose of rallying them, pitched his camp in a peaceful part of the country; and an a.s.sembly being convened, after inveighing not without good reason against the army, as traitors to military discipline, deserters of their posts, frequently asking them, one by one, where were their standards, where their arms; he first beat with rods and then beheaded those soldiers who had thrown down their arms, the standard-bearers who had lost their standards, and moreover the centurions, and those with the double allowance, who had left their ranks. With respect to the rest of the mult.i.tude, every tenth man was drawn by lot for punishment.

60. In a contrary manner to this, the consul and soldiers in the country of the aequans vied with each other in courtesy and acts of kindness: both Quintius was naturally milder in disposition, and the ill-fated severity of his colleague caused him to indulge more in his own good temper. This, such great cordiality between the general and his army, the aequans did not venture to meet; they suffered the enemy to go through their lands committing devastations in every direction. Nor were depredations committed more extensively in that quarter in any preceding war. Praises were also added, in which the minds of soldiers find no less pleasure than in rewards. The army returned more reconciled both to their general, and also on account of the general to the patricians; stating that a parent was a.s.signed to them, a master to the other army by the senate. The year now pa.s.sed, with varied success in war, and furious dissensions at home and abroad, was rendered memorable chiefly by the elections by tribes; the matter was more important from the victory in the contest entered into, than from any real advantage; for there was more of dignity abstracted from the elections themselves by the exclusion of the patricians, than there was influence either added to the commons or taken from the patricians.

61. A more turbulent year[99] next followed, Lucius Valerius, Tiberius aemilius being consuls, both by reason of the struggles between the different orders concerning the agrarian law, as well as on account of the trial of Appius Claudius; for whom, as a most active opposer of the law, and as one who supported the cause of the possessors of the public land, as if a third consul, Marcus Duilius and Caius Sicinius appointed a day of trial.[100] Never before was an accused person so hateful to the commons brought to trial before the people; overwhelmed with their resentment on his own account,[101] and also on account of his father.

The patricians too seldom made equal exertions in behalf of any one: "that the champion of the senate, and the a.s.sertor of their dignity, opposed to all the storms of the tribunes and commons, was exposed to the resentment of the commons, merely for having exceeded bounds in the contest." Appius Claudius himself was the only one of the patricians who made light both of the tribunes and commons and his own trial. Neither the threats of the commons, nor the entreaties of the senate, could ever persuade him not only to change his garb, or address persons as a suppliant, but not even so far as to soften or relax any thing from the usual asperity of his style, when his cause was to be pleaded before the people. The expression of his countenance was the same; the same stubbornness in his looks, the same spirit of pride in his language; so that a great part of the commons felt no less awe of Appius when arraigned, than they had felt of him when consul. He pleaded his cause once, and with the same spirit of an accuser which he had been accustomed to adopt on all occasions: and he so far astounded both the tribunes and the commons by his intrepidity, that, of their own accord, they postponed the day of trial; then they allowed the matter to be protracted. Nor was the time now very distant; before, however, the appointed day came, he dies of some disease; and when the tribunes of the people endeavoured to impede his funeral panegyric,[102] the commons would not allow that the last day of so great a man should be defrauded of the usual honours; and they listened to the panegyric of him when dead with as patient ears, as they had listened to the charges brought against him when living, and attended his funeral in vast numbers.

[Footnote 99: Niebuhr, ii. p. 231, thinks that it was in this year the Icilian law was pa.s.sed, according to which, any person interrupting the proceedings of the tribunes, rendered himself liable to capital punishment.--_Twiss._]

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

[Footnote 101: The original has _plenus suarum_--_irarum_,--that is, the anger not of Appius against the commons, but of the commons against him.]

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

62. In the same year the consul Valerius, having marched an army against the aequans, when he could not entice the enemy to an engagement, set about a.s.saulting their camp. A violent storm sent down from heaven with thunder and hail prevented him. Then, on a signal for a retreat being given, their surprise was excited by the return of such fair weather, that they felt a scruple a second time to attack a camp which was defended as it were by some divine power; all the rage of war was turned on the devastation of the land. The other consul, aemilius, conducted the war against the Sabines. There also, because the enemy confined themselves within their walls, the lands were laid waste. Then, by the burning not only of the country-houses, but of the villages also, which were thickly inhabited, the Sabines being aroused, after they met the depredators, on retreating from an engagement left undecided, on the following day removed their camp into a safer situation. This seemed a sufficient reason to the consul why he should leave the enemy as conquered, departing thence the war being still unfinished.

63. During these wars, whilst dissensions still continued at home, t.i.tus Numicius Priscus, Aulus Virginius, were elected consuls. The commons appeared determined no longer to brook a delay of the agrarian law, and extreme violence was on the eve of being resorted to, when it was ascertained from the burning of the country-houses and the flight of the peasants that the Volscians were at hand: this circ.u.mstance checked the sedition that was now ripe and almost breaking out. The consuls, having been instantly forced to the war by the senate,[103] after leading forth the youth from the city, rendered the rest of the commons more quiet.

And the enemy indeed, having done nothing else except alarming the Romans by groundless fear, depart with great precipitation. Numicius marched to Antium against the Volscians, Virginius against the aequans.

Here a signal overthrow being well nigh received from an ambuscade, the bravery of the soldiers restored (the Roman) superiority, which had been endangered through the carelessness of the consul. The general conducted affairs better against the Volscians. The enemy were routed in the first engagement, and forced to fly into the city of Antium, a very wealthy place considering those times; the consul, not venturing to attack it, took from the people of Antium another town, Ceno, which was by no means so wealthy. Whilst the aequans and Volscians engage the attention of the Roman armies, the Sabines advanced in their devastations even to the gates of the city: then they themselves, a few days after, received from the two armies heavier losses than they had occasioned, the two consuls having entered their territories under exasperated feelings.

[Footnote 103: In the original we read _coacti extemplo ab senatu_.

Niebuhr considers this reading to be corrupt, and is satisfied that the correct reading is _coacto extemplo senatu_. See ii. n. 555.]

64. Towards the close of the year there was some peace, but, as frequently at other times, disturbed by contests between the patricians and commons. The exasperated commons refused to attend the consular elections: t.i.tus Quintius, Quintus Servilius, were elected consuls by the patricians and their dependents: the consuls have a year similar to the preceding, the commencement embroiled, and afterwards tranquil by external war. The Sabines marching across the plains of Crustuminum with great rapidity, after carrying fire and sword along the banks of the Anio, being repulsed when they had come up nearly to the Colline gate and the walls, drove off however great booty of men and cattle: the consul Servilius, having pursued them with a determined army, was unable to come up with the main body itself on the campaign country; he carried his devastation however so extensively, that he left nothing unmolested by war, and returned after obtaining plunder much exceeding that carried off by the enemy. The public interest was supported extremely well against the Volscians also by the exertions as well of the general as of the soldiers. First they fought a pitched battle, on equal ground, with great slaughter and much bloodshed on both sides: and the Romans, because the fewness of their numbers was more likely to make the loss felt, would have given way, had not the consul, by a well-timed fiction, re-animated the army, crying out that the enemy were flying on the other wing; making a charge, they, by supposing that they were victorious, became so. The consul, fearing lest by pressing too far he might renew the contest, gave the signal for a retreat. A few days intervened; rest being taken on both sides as if by a tacit suspension of arms; during these days a vast number of persons from all the states of the Volscians and aequans came to the camp, certain that the Romans would depart during the night, if they should perceive them. Accordingly about the third watch they come to attack the camp. Quintius having allayed the confusion which the sudden panic had occasioned, after ordering the soldiers to remain quiet in their tents, leads out a cohort of the Hernicians for an advance guard: the trumpeters and horneteers he mounts on horseback, and commands them to sound their trumpets before the rampart, and to keep the enemy in suspense till daylight: during the rest of the night every thing was so quiet in the camp, that the Romans had even the advantage of sleep. The sight of the armed infantry, whom they both considered to be more numerous than they were, and to be Romans, the bustle and neighing of the horses, which became restless, both from the strange riders placed on them, and moreover from the sound of the trumpets frightening them, kept the Volscians intently awaiting an attack of the enemy.

65. When day dawned, the Romans, invigorated and refreshed with sleep, on being marched out to battle, at the first onset overpowered the Volscians, wearied from standing and want of rest; though the enemy rather retired than were routed, because in the rear there were hills to which there was a secure retreat, the ranks behind the first line being unbroken. The consul, when they came to the uneven ground, halts his army; the soldiers were kept back with difficulty; they cried out and demanded to be allowed to pursue the enemy now discomfited. The cavalry, crowding around the general, proceed more violently: they cry out that they would proceed before the first line. Whilst the consul hesitates, relying on the valour of his men, yet having little confidence in the place, they all cry out that they would proceed; and execution followed the shout. Fixing their spears in the ground, in order that they may be lighter to ascend the steeps, they run upwards. The Volscians, having discharged their missile weapons at the first onset, fling the stones lying at their feet on them as they advanced upwards, and having thrown them into confusion by incessant blows, they drove them from the higher ground: thus the left wing of the Romans was nearly overborne, had not the consul dispelled their fear by exciting a sense of shame as they were just retreating, chiding at the same time their temerity and their cowardice. At first they stood their ground with determined firmness; then, according as their strength carried them against those in possession of the ground, they venture to advance themselves; and by renewing the shout they encourage the whole body to move on; then again making a new effort, they force their way up and surmount the disadvantage of the ground. They were on the point of gaining the summit of the eminence, when the enemy turned their backs, and the pursued and pursuers with precipitate speed rushed into the camp almost in a body.

In this consternation the camp is taken; such of the Volscians as were able to make their escape, take the road to Antium. The Roman army also was led to Antium; after being invested for a few days it surrenders without any additional force of the besiegers,[104] but because their spirits had sunk ever since the unsuccessful battle and the loss of their camp.

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

BOOK III

_Disturbances about the agrarian laws. The Capitol surprised by exiles and slaves. Quintius Cincinnatus called from the cultivation of his farm in the country, made dictator, and appointed to conduct the war against the aequans. He conquers the enemy, and makes them pa.s.s under the yoke. The number of the tribunes increased to ten.

Decemvirs, appointed for the purpose of digesting and publishing a body of laws. These having promulgated a code of laws contained in ten tables, obtain a continuation of their authority for another year, during which they add two more to the former ten tables.

Refusing to resign their office, they retain it a third year. Their conduct at first equitable and just; afterwards arbitrary and tyrannical. The commons, in consequence of the base attempt of Appius Claudius, one of them, to debauch the daughter of Virginius, seize on the Aventine mount, and oblige them to resign. Appius and Oppius, two of the most obnoxious, are thrown into prison, where they put an end to their own lives; the rest are driven into exile.

War with the Sabines, Volscians, and aequans.--Unfair decision of the Roman people, who being chosen arbitrators between the people of Ardea and Aricia concerning some disputed lands, adjudge them to themselves._

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