The History of Rome, Books 01 to 08
28. This year there arose, as it were, a new era of liberty to the Roman
commons; in this that a stop was put to the practice of confining
debtors. This alteration of the law was effected in consequence of the
lust and signal cruelty of one usurer. His name was Lucius Papirius. To
him one Caius Publilius having surrendered his person to be confined for
a debt due by his father, his youth and beauty, which ought to have
excited commiseration, operated on the other's mind as incentives to
lust and insult. He first attempted to seduce the young man by impure
discourses, considering the bloom of his youth his own adventitious
gain; but finding that his ears were shocked at their infamous tendency,
he then endeavoured to terrify him by threats, and reminded him
frequently of his situation. At last, convinced of his resolution to act
conformably to his honourable birth, rather than to his present
condition, he ordered him to be stripped and scourged. When with the
marks of the rods imprinted in his flesh the youth rushed out into the
public street, loudly complaining of the depravedness and inhumanity of
the usurer; a vast number of people, moved by compassion for his early
age, and indignation at his barbarous treatment, reflecting at the same
time on their own lot and that of their children, flocked together into
the forum, and from thence in a body to the senate-house. When the
consuls were obliged by the sudden tumult to call a meeting of the
senate, the people, falling at the feet of each of the senators, as they
were going into the senate-house, presented to their view the lacerated
back of the youth. On that day, in consequence of the outrageous conduct
of an individual, the strongest bonds of credit were broken; and the
consuls were commanded to propose to the people, that no person should
be held in fetters or stocks, except convicted of a crime, and in order
to punishment; but that, for money due, the goods of the debtor, not his
person, should be answerable. Thus the confined debtors were released;
and provision made, for the time to come, that they should not be liable
to confinement.
29. In the course of this year, while the war with the Samnites was
sufficient in itself to give full employment to the senate, besides the
sudden defection of the Lucanians, and the Tarentines, the promoters of
the defection, [another source of uneasiness] was added in a union
formed by the state of the Vestinians with the Samnites. Which event,
though it continued, during the present year, to be the general subject
of conversation, without coming under any public discussion, appeared so
important to the consuls of the year following, Lucius Furius Camillus a
second time, and Junius Brutus Scæva, that it was the first business
which they proposed to the consideration of the state. And though the
matter was still recent, still great perplexity seized the senate, as
they dreaded equally the consequences, either of passing it over, or of
taking it up; lest, on the one hand, impunity might stir up the
neighbouring states with wantonness and arrogance; and, on the other,
punishment inflicted on them by force of arms, and dread of immediate
danger, might produce the same effect by exciting resentment. And the
whole body, too, was in every way equal in strength to the Samnites,
being composed of the Marsians, the Pelignians, and the Marrusinians;
all of whom would have to be encountered as enemies, if the Vestinians
were to be interfered with. However, that side prevailed which might, at
the time, seem to have more spirit than prudence; but the event proved
that fortune assists the brave. The people, in pursuance of the
direction of the senate, ordered war against the Vestinians; that
province fell by lot to Junius, Samnium to Camillus. Armies were led to
both places, and by carefully guarding the frontiers, the enemy were
prevented from joining their forces. But the other consul, Lucius
Furius, on whom the principal weight of the business rested, was
withdrawn by chance from the war, being seized with a severe sickness.
Being therefore ordered to nominate a dictator to conduct the business,
he nominated Lucius Papirius Cursor, the most celebrated general, by
far, of any in that age, who appointed Quintus Fabius Maximus Rullianus
master of the horse: a pair of commanders distinguished for their
exploits in war; more so, however, for a quarrel between themselves, and
which proceeded almost to violence. The other consul, in the territory
of the Vestinians, carried on operations of various kinds; and, in all,
was uniformly successful. For he both utterly laid waste their lands,
and, by spoiling and burning their houses and corn, compelled them to
come to an engagement; and, in one battle, he reduced the strength of
the Vestinians to such a degree, though not without loss on his own
side, that the enemy not only fled to their camp, but, fearing even to
trust to the rampart and trench, dispersed from thence into the several
towns, in hopes of finding security in the situation and fortifications
of their cities. At last, having undertaken to reduce their towns by
force, amid the great ardour of the soldiers, and their resentment for
the wounds which they had received, (hardly one of them having come out
of the battle unhurt,) he took Cutina by scalade, and afterwards
Cingilia. The spoil of both cities he gave to the soldiers, in
consideration of their having bravely surmounted the obstruction both of
gates and walls.
30. The commanders entered Samnium under uncertain auspices; an
informality which pointed, not at the event of war, for that was
prosperous, but at the furious passions and the quarrels which broke out
between the leaders. For Papirius the dictator, returning to Rome in
order to take the auspices anew, in consequence of a caution received
from the aruspex, left strict orders with the master of the horse to
remain in his post, and not to engage in battle during his absence.
After the departure of the dictator, Fabius having discovered by his
scouts that the enemy were in as unguarded a state as if there was not a
single Roman in Samnium, the high-spirited youth, (either conceiving
indignation at the sole authority in every point appearing to be lodged
in the hands of the dictator, or induced by the opportunity of striking
an important blow,) having made the necessary preparations and
dispositions, marched to a place called Imbrinium, and there fought a
battle with the Samnites. His success in the fight was such, that there
was no one circumstance which could have been improved to more
advantage, if the dictator had been present. The leader was not wanting
to the soldiers, nor the soldiers to their leader. The cavalry too,
(finding, after repeated charges, that they could not break the ranks,)
by the advice of Lucius Cominius, a military tribune, pulled off the
bridles from their horses and spurred them on so furiously, that no
power could withstand them; forcing their way through the thickest of
the enemy, they bore down every thing before them; and the infantry
seconding the charge, the whole body was thrown into confusion. Twenty
thousand of the enemy are said to have fallen on that day. I have
authority for saying that there were two battles fought during the
dictator's absence, and two victories obtained; but, according to the
most ancient writers, only this one is found, and in some histories the
whole transaction is omitted. The master of the horse getting possession
of abundance of spoils, in consequence of the great numbers slain,
collected the arms into a huge heap, and burned them; either in
pursuance of a vow to some of the gods, or, if we choose to credit the
authority of Fabius, it was done on this account, that the dictator
might not reap the fruits of his glory, inscribe his name on them, or
carry the spoils in triumph. His letters also, containing an account of
the success, being sent to the senate, not to the dictator, showed
plainly that he wished not to impart to him any share of the honour; who
certainly viewed the proceeding in this light, for while others rejoiced
at the victory obtained, he showed only surliness and anger; insomuch
that, immediately dismissing the senate, he hastened out of the
senate-house, and frequently repeated with warmth, that the legions of
the Samnites were not more effectually vanquished and overthrown by the
master of the horse, than were the dictatorial dignity and military
discipline, if such contempt of orders escaped with impunity. Thus,
breathing resentment and menaces, he set out for the camp; but, though
he travelled with all possible expedition, he was unable, however, to
outstrip the report of his coming. For messengers had started from the
city before him, who brought intelligence that the dictator was coming,
eager for vengeance, and in almost every second sentence applauding the
conduct of Titus Manlius.
31. Fabius instantly called an assembly, and entreated the soldiers to
"show the same courage in protecting him, under whose conduct and
auspices they had conquered, from the outrageous cruelty of the
dictator, which they had so lately displayed in defending the
commonwealth from its most inveterate enemies. He was now coming," he
told them, "frantic with envy; enraged at another's bravery and success,
he was mad, because, in his absence, the business of the public had been
executed, with remarkable success; and if he could change the fortune of
the engagement, would wish the Samnites in possession of victory rather
than the Romans. He talked much of contempt of orders; as if his
prohibition of fighting were not dictated by the same motive, which
caused his vexation at the fight having taken place. He wished to
shackle the valour of others through envy, and meant to take away the
soldiers' arms when they were most eager for action, and that no use
might be made of them in his absence: he was further enraged too,
because without Lucius Papirius the soldiers were not without hands or
arms, and because Quintus Fabius considered himself as master of the
horse, not as a beadle to the dictator. How would he have behaved, had
the issue of the fight been unfortunate; which, through the chances of
war and the uncertainty of military operations, might have been the
case; since now, when the enemy has been vanquished, (as completely,
indeed, as if that leader's own singular talents had been employed in
the matter,) he yet threatens the master of the horse with punishment?
Nor is he more incensed against the master of the horse, than against
the military tribunes, the centurions, and the soldiers. On all, he
would vent his rage if he could; and because that is not in his power,
he vents it on one. Envy, like flame, soars upwards; aims at the summit;
that he makes his attack on the head of the business, on the leader. If
he could put him out of the way, together with the glory of the service
performed, he would then lord it, like a conqueror over vanquished
troops; and, without scruple, practise against the soldiers what he had
been allowed to act against their commander. That they should,
therefore, in his cause, support the general liberty of all. If the
dictator perceived among the troops the same unanimity in justifying
their victory that they had displayed in the battle, and that all
interested themselves in the safety of one, it would bend his temper to
milder counsels. In fine," he told them, "that he committed his life,
and all his interests, to their honour and to their courage."
32. His speech was received with the loudest acclamations from every
part of the assembly, bidding him "have courage; for while the Roman
legions were in being, no man should offer him violence." Not long