History of Rome, books 1-10

They recovered their own property and obtained immense booty in addition. Nevertheless, the consul C. Nautius was sent from Rome against the Volscians. They did not approve, I think, of the custom of allies carrying on war in their own strength and on their own methods, without any Roman general or army.

There was no kind of injury or insult that was not practised against the Volscians; they could not, however, be driven to fight a regular battle.

L. Furius and C. Manlius were the next consuls. The Veientines fell to Manlius as his province. There was no war, however; a forty years' truce was granted on their request; they were ordered to furnish corn and pay for the troops.

Peace abroad was at once followed by discord at home. The tribunes employed the Agrarian Law to goad the plebs into a state of dangerous excitement. The consuls, nowise intimidated by the condemnation of Menenius or the danger in which Servilius had stood, resisted them with the utmost violence.

On their vacating office the tribune Genucius impeached them. They were succeeded by L. Aemilius and Opiter Verginius. I find in some annals Vopiscus Julius instead of Verginius. Whoever the consuls were, it was in this year that Furius and Manlius, who were to be tried before the people, went about in mourning garb amongst the younger members of the senate quite as much as amongst the plebs.

They urged them to keep clear of the high offices of state and to regard the consular “ fasces,” the “ praetexta,” and the curule chair as nothing but the pomp of death, for when invested with these insignia they were like victims adorned for sacrifice.

If the consulship possessed such attractions for them, they must clearly understand that this office had been captured and crushed by the tribunician power; the consul had to do every thing at the beck and call of the tribune just as if he were his apparitor.

If he took an active line, if he showed any regard for the patricians, if he thought that anything besides the plebs formed part of the commonwealth, he should keep before his eyes the banishment of Cn. Marcius, the condemnation and death of Menenius. Fired by these appeals the senators held meetings, not in the Senate-house but in private, only a few being invited.

As the one point on which they were agreed was that the two who were impeached were to be rescued, by lawful or unlawful means, the most desperate plan was the most acceptable, and men were found who advocated the most daring crime.

Accordingly, on the day of the trial, whilst the plebs were standing in the Forum on the tiptoe of expectation, they were surprised that the tribune did not come down to them. Further delay made them suspicious; they believed that he had been intimidated by the leaders of the senate, and they complained that the cause of the people had been abandoned and betrayed.

At last some who had been waiting in the vestibule of the tribune's house sent word that he had been found dead in his house. As this news spread throughout the assembly, they at once dispersed in all directions, like a routed army that has lost its general. The tribunes especially were alarmed, for they were warned by their colleague's death how absolutely ineffective the Sacred Laws were for their protection.

The patricians, on the other hand, showed extravagant delight; so far was any one of them from regretting the crime, that even those who had taken no part in it were anxious to appear as though they had, and it was openly asserted that the tribunitian power must be chastised into submission.

Whilst the impression produced by this frightful instance of triumphant crime was still fresh, orders were issued for a levy, and as the tribunes were thoroughly intimidated, the consuls carried it out without any interruption from them.

But now the plebeians were more angry at the silence of the tribunes than at the exercise of authority on the part of the consuls. They said that it was all over with their liberty, they had gone back to the old state of things, the tribunitian power was dead and buried with Genucius.

Some other method must be thought out and adopted by which they could resist the patricians, and the only possible course was for the commons to defend themselves, as they had no other help. Four-and-twenty lictors attended on the consuls, and these very men were drawn from the plebs.

Nothing was more contemptible and feeble than they were, if there were any that would treat them with contempt, but every one imagined them to be great and awful things. After they had excited one another by these speeches, Volero Publilius, a plebeian, said that he ought not to be made a common soldier after serving as a centurion.

The consuls sent a lictor to him. Volero appealed to the tribunes. None came to his assistance, so the consuls ordered him to be stripped and the rods got ready. “I appeal to the people,” he said, “since the tribunes would rather see a Roman citizen scourged before their eyes than be murdered in their beds by you.” The more excitedly he called out, the more violently did the lictor tear off his toga, to strip him.

Then Volero, himself a man of unusual strength, and helped by those to whom he called, drove the lictor off, and amidst the indignant remonstrances of his supporters, retreated into the thickest part of the crowd crying out, “I appeal to the plebs for protection. Help fellow citizens!

help fellow soldiers! You have nothing to expect from the tribunes, they themselves need your aid.”

The men greatly excited got ready as if for battle and a most critical struggle was evidently impending, where no one would show the slightest respect for either public or private rights The consuls tried to check the fury of the storm, but they soon found that there is little safety for authority without strength.

The lictors were mobbed, the fasces broken, and the consuls driven from the Forum into the Senate-house, uncertain how far Volero would push his victory.

As the tumult was subsiding they ordered the senate to be convened, and when it was assembled they complained of the outrage done to them, the violence of the plebeians, the audacious insolence of Volero.

After many violent speeches had been made, the opinion of the older senators prevailed; they disapproved of the intemperance of the plebs being met by angry resentment on the part of the patricians.

Volero was now in high favour with the plebs, and they made him a tribune at the next election. Lucius Pinarius and P. Furius were the consuls for that year.

Everybody supposed that Volero would use all the power of his tribuneship to harass the consuls of the preceding year. On the contrary, he sub-ordinated his private grievances to the interests of the State, and without uttering a single word which could reflect on the consuls, he

proposed to the people a measure providing that the magistrates of the plebs should be elected by the Assembly of the Tribes. At first sight this measure appeared to be of a very harmless description, but it would deprive the patricians of all power of electing through their clients' votes those whom they wanted as tribunes.

It was most welcome to the plebeians, but the patricians resisted it to the utmost. They were unable to secure the one effectual means of resistance, namely, inducing one of the tribunes, through the influence of the consuls or the leading patricians, to interpose his veto.

The weight and importance of the question led to protracted controversy throughout the year. The plebs re-elected Volero. The patricians, feeling that the question was rapidly approaching a crisis, appointed Appius Claudius, the son of Appius, who, ever since his father's contests with them, had been hated by them and cordially hated them in return.

From the very commencement of the year the Law took precedence of all other matters. Volero had been the first to bring it forward, but his colleague, Laetorius, though a later, was a still more energetic supporter of it.

He had won an immense reputation in war, for no man was a better fighter, and this made him a stronger opponent. Volero in his speeches confined himself strictly to discussing the Law and abstained from all abuse of the consuls.

But Laetorius began by accusing Appius and his family of tyranny and cruelty towards the plebs; he said it was not a consul who had been elected, but an executioner, to harass and torture the plebeians.

The untrained tongue of the soldier was unable to express the freedom of his sentiments; as words failed him, he said, “I cannot speak so easily as I can prove the truth of what I have said; come here to-morrow, I will either perish before your eyes or carry the Law.”

Next day the tribunes took their places on the “ templum,” the consuls and the nobility stood about in the Assembly to prevent the passage of the

Law. Laetorius gave orders for all, except actual voters, to withdraw. The young patricians kept their places and paid no attention to the tribune's officer, whereupon Laetorius ordered some of them to be

arrested. Appius insisted that the tribunes had no jurisdiction over any but plebeians, they were not magistrates of the whole people, but only of the plebs; even he himself could not, according to the usage of their ancestors, remove any man by virtue of his authority, for the formula ran, “If it seems good to you, Quirites,

depart!” By making contemptuous remarks about his jurisdiction, he was easily able to disconcert Laetorius. The tribune, in a burning rage, sent his officer to the consul, the consul sent a lictor to the tribune, exclaiming that he was a private citizen without any magisterial

authority. The tribune would have been treated with indignity had not the whole Assembly risen angrily to defend the tribune against the consul, whilst people rushed from all parts of the City in excited crowds to the

Forum. Appius braved the storm with inflexible determination, and the conflict would have ended in bloodshed had not the other consul, Quinctius, entrusted the consulars with the duty of removing, by force if necessary, his colleague from

the Forum. He entreated the furious plebeians to be calm, and implored the tribunes to dismiss the Assembly; they should give their passions time to cool, delay would not deprive them of their power, but would add prudence to their strength; the senate would submit to the authority of the people, and the consuls to that of the senate.

With difficulty Quinctius succeeded in quieting the plebeians; the senators had much greater difficulty in pacifying Appius. At length the Assembly was dismissed and the consuls held a meeting of the senate Very divergent opinions were expressed according

as the emotions of fear or anger predominated but the longer the interval during which they were called away from impulsive action to calm deliberation, the more averse did they become to a prolongation of the conflict so much so indeed, that they passed a vote of thanks to Quinctius for having through his exertions allayed the disturbance Appius was called upon to consent to the consular authority being so far limited as to be compatible with a harmonious commonwealth.

It was urged that whilst the tribunes and the consuls each tried to bring everything under their respective authority, there was no basis for common action; the State was torn in two, and the one thing aimed at was, who should be its rulers not how could its security be preserved. Appius on the other hand, called gods and men to witness that the State was being betrayed and abandoned through fear; it was not the consul who was failing the senate, the senate was failing the consul; worse conditions were being submitted to than those which had been accepted on the Sacred Hill.

However, he was over-borne by the unanimous feeling of the senate and became quiet the Law was passed in silence. Then for the first time the Tribunes were elected by the Assembly of the Tribes. According to Piso three were added, as though there had only been two before. He gives their names as Cn Siccius, L. Numitorius, M. Duellius, Sp. Icilius, and L. Mecilius.

. —During the disturbances in Rome, the war with the Volscians and Aequi broke out afresh. They had laid waste the fields, in order that if there were a secession of the plebs they might find refuge with them.

When quiet had been restored they moved their camp further away.

Appius Claudius was sent against the Volscians, the Aequi were left for Quinctius to deal with. Appius displayed the same savage temper in the field that he had shown at home, only it was more unrestrained because he was not now fettered by the tribunes.

He hated the commons with a more intense hatred than his father had felt, for they had got the better of him and had carried their Law though he had been elected consul as being the one man who could thwart the tribunitian power —a

Law, too, which former consuls, from whom the senate expected less than from him, had obstructed with less trouble. Anger and indignation at all this goaded his imperious nature into harassing his army by ruthless discipline.

No violent measures, however, could subdue them, such was the spirit of opposition with which they were filled. They did everything in a perfunctory, leisurely, careless, defiant way; no feeling of shame or fear restrained them.

If he wished the column to move more quickly they deliberately marched more slowly, if he came up to urge them on in their work they all relaxed the energy they had been previously exerting of their own accord;

in his presence they cast their eyes down to the ground, when he passed by they silently cursed him, so that the courage which had not quailed before the hatred of the plebs was sometimes shaken.

After vainly employing harsh measures of every kind, he abstained from any further intercourse with his soldiers, said that the army had been corrupted by the centurions, and sometimes called them, in jeering tones, tribunes of the plebs, and Voleros.

LIX. None of this escaped the notice of the Veientines, and they pressed on more vigorously in the hope that the Roman army would show the same spirit of disaffection towards Appius which it had shown towards Fabius.

But it was much more violent towards Appius than it had been towards Fabius, for the soldiers not only refused to conquer, like the army of Fabius, but they wished to be conquered. When led into action they broke into a disgraceful flight and made for their camp, and offered no resistance till they saw the Volscians actually attacking their entrenchments and doing frightful execution in their rear.

Then they were compelled to fight, in order that the victorious enemy might be dislodged from their rampart; it was, however, quite evident that the Roman soldiers only fought to prevent the capture of the camp; otherwise they rejoiced in their ignominious defeat.

Appius' determination as in no way weakened by this, but when he was meditating more severe measures and ordering an assembly of his troops, the officers of his staff and the military tribunes gathered round him and warned him on no account to try how far he could stretch his authority, for its force wholly depended upon the free consent of those who obeyed it.

They said that the soldiers as a body refused to come to the assembly, and demands were heard on all sides for the camp to be removed from the Volscian territory; only a short time before the victorious enemy had all but forced his way into the camp. There were not only suspicions of a serious mutiny, the evidence was before their eyes. Appius yielded at last to their remonstrances.

He knew that they would gain nothing but a delay of punishment, and consented to forego the assembly. Orders were issued for an advance on the morrow, and the trumpet gave the signal for starting at dawn.

When the army had got clear of the camp and was forming in marching order, the Volscians, aroused, apparently, by the same signal, fell upon the rear. The confusion thus created extended to the leading ranks, and set up such a panic in the whole army that it was impossible for either orders to be heard or a fighting line to be formed.

No one thought of anything but flight. They made their way over heaps of bodies and arms in such wild haste that the enemy gave up the pursuit before the Romans abandoned their flight.

At last, after the consul had vainly endeavoured to follow up and rally his men, the scattered troops were gradually got together again, and he fixed his camp on territory undisturbed by war. He called up the men for an assembly, and after inveighing, with perfect justice, against an army which had been false to military discipline and had deserted

its standards, he asked them individually where he standards were, where their arms were.

The soldiers who had thrown away their arms, the standard-bearers who had lost their standards, and in addition to these the centurions and duplicarii28 who had deserted their ranks, he ordered o be scourged and beheaded. Of the rank and file every tenth man was drawn by lot for punishment.

Just the opposite state of things prevailed in the army campaigning amongst the Aequi, where the consul and his soldiers vied with each other in acts of kindness and comrade-ship. Quinctius was naturally milder, and the unfortunate severity of his colleague made him all the more inclined to follow the bent of his gentle disposition.

The Aequi did not venture to meet an army where such harmony prevailed between the general and his men, and they allowed their enemy to ravage their territory in all directions. In no previous war had plunder been gathered from a wider area.

The whole of it was given to the soldiers, and with it those words of praise which, no less than material rewards, delight the soldier's heart. The army returned home on better terms with their general, and through him with the patricians; they said that whilst the senate had given them a father it had given the other army a tyrant.

The year, which had been passed in varying fortunes of war and furious dissensions both at home and abroad, was chiefly memorable for the Assembly of Tribes, which were important rather for the victory won in a prolonged contest than for any real advantage gained.

For through the withdrawal of the patricians from their council the Assembly lost more in dignity than either the plebs gamed, or the patricians lost, in strength.

L. Valerius and T. Aemilius were consuls for the next year, which was a still stormier one, owing, m the first place, to the struggle between the two orders over the Agrarian Law, and secondly to the prosecution of Appius Claudius.

He was impeached by the tribunes, M. Duellius and Cn. Siccius, on the ground of his determined opposition to the Law, and also because

he defended the cause of the occupiers of the public land, as if he were a third consul.

Never before had any one been brought to trial before the people whom the plebs so thoroughly detested, both on his own and his father's account. For hardly any one had the patricians exerted themselves more than for him whom they regarded as the champion of the senate and the vindicator of its authority, the stout bulwark against disturbances of tribunes or plebs, and now saw exposed to the rage of the plebeians simply for having gone too far in the struggle.

Appius Claudius himself alone of all the patricians, looked upon the tribunes, the plebs, and his own trial as of no account. Neither the threats of the plebeians nor the entreaties of the senate could induce him —I will not say to change his attire and accost men as a suppliant, but —even to soften and subdue to some extent his wonted asperity of language when he had to make his defence before the people.

There was the same expression, the same defiant look, the same proud tones of speech, so that a large number of the plebeians were no less afraid of Appius on his trial than they had been when he was consul.

He only spoke in his defence once, but in the same aggressive tone that he always adopted and his firmness so dumbfounded the tribunes and the plebs' that they adjourned the case of their own accord, and then allowed it to drag on.

There was not a very long interval however. Before the date of the adjourned trial arrived he was' carried off by illness.

The tribunes tried to prevent any funeral oration being pronounced over him, but the plebeians would not allow the obsequies of so great a man to be robbed of the customary honours. They listened to the panegyric of the dead as attentively as they had listened to the indictment of the living, and vast crowds followed him to the tomb.

In the same year the consul Valerius advanced with an army against the Aequi, but failing to draw the enemy into an engagement he commenced an attack on their camp. A terrible storm, sent down from heaven, of thunder and hail prevented him from continuing the attack.

The surprise was heightened when after the retreat had been sounded, calm and bright weather returned. He felt that it would be an act of impiety to attack a second time a camp defended by some divine power. His warlike energies were turned to the devastation of the country. The other consul, Aemilius, conducted a campaign amongst the Sabines.

There, too, as the enemy kept behind their walls, their fields were laid waste.

The burning not only of scattered homesteads but also of villages with numerous populations roused the Sabines to action. They met the depredators, an indecisive action was fought, after which they moved their camp into a safer locality.

The consul thought this a sufficient reason for leaving the enemy as though defeated, and coming away without finishing the war.

T. Numicius Priscus and A. Verginius were the new consuls. The domestic disturbance continued through these wars,