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The History of Rome, Books 01 to 08

Livy

that was done to obstruct the law, and a desperate contest was at hand. Lo! (that the same circle of events may revolve every year) the Hernicians bring word that the Volscians and the Æquans, though their strength was much impaired, were recruiting their armies: that their chief dependence was Antium; that the inhabitants of Antium openly held councils at Ecetra: that that was the source--there the strength--for the war. As soon as this announcement was made in the senate, a levy was ordered: the consuls were commanded to divide the management of the war between them; that the Volscians should be the province of the one, the Æquans that of the other. The tribunes cried out to their faces in the forum, "That the Volscian war was all a concerted farce: that the Hernicians were instructed to act their parts; that the liberty of the Roman people was now no longer crushed by manly efforts, but that it was baffled by cunning; because all probability was now gone that the Volscians, who were almost exterminated, and the Æquans, would of themselves commence hostilities, new enemies were sought for: that a loyal colony, and one in their very vicinity, was being rendered infamous: that war was proclaimed against the unoffending people of Antium, and in reality waged with the commons of Rome, which after loading them with arms they were determined to drive out of the city with precipitous haste, wreaking their vengeance on the tribunes, by the exile and expulsion of their fellow-citizens. That by these means, and let them not think that there was any other object contemplated, the law was defeated; unless, whilst the matter was still in abeyance, whilst they were still at home and in the garb of citizens, they would take precaution that they may not be driven out of possession of the city, and be subjected to the yoke. If they only had spirit, that support would not be wanting; that all the tribunes were unanimous; that there was no apprehension from abroad, no danger. That the gods had taken care, on the preceding year, that their liberty could now be defended with safety." Thus far the tribunes. [Footnote 115: Niebuhr, ii. n. 631, asks whether it was worms. Sa???? ??a?sµata. Dion. x. 2.] [Footnote 116: The Sibylline books.] 11. But, on the other side, the consuls, having placed their chairs within view of them, were proceeding with the levy; thither the tribunes hasten, and draw the assembly along with them; a few were cited, by way of making an experiment, and instantly violence commenced. Whomsoever the lictor laid hold of by order of the consul, him the tribune ordered to be discharged; nor did his own proper jurisdiction set a limit to each, but whatever you set your mind upon, was to be attained by the hope of strength and by force. Just as the tribunes had behaved in impeding the levy, in the same manner did the consuls conduct themselves in obstructing the law which was brought on every assembly day. The commencement of the riot was, when the tribunes ordered the people to proceed to the vote, because the patricians refused to withdraw. The elder citizens scarcely attended the contest, inasmuch as it was one likely not to be directed by prudence, but abandoned to temerity and daring. The consuls also generally kept out of the way, lest in the general confusion they should expose their dignity to any insult. There was a young man, Cæso Quintius, a daring youth, as well by the nobility of his descent, as by his personal size and strength; to those endowments granted by the gods he himself had added many military honours, and eloquence in the forum; so that no person in the state was considered more efficient either in speaking or in acting. When this person took his place in the centre of a body of the patricians, conspicuous above the rest, carrying as it were in his eloquence and bodily strength dictatorships and consulships combined, he alone withstood the storms of the tribunes and the populace. Under his guidance the tribunes were frequently driven from the forum, the commons routed and dispersed; such as came in his way, went off after being ill-treated and stripped; so that it became sufficiently evident, that, if he were allowed to proceed in this way, the law would be defeated. Then the other tribunes being now almost thrown into despair, Aulus Virginius, one of the college, institutes a criminal prosecution on a capital charge against Cæso. By this proceeding he rather irritated than intimidated his violent temper: so much the more vigorously did he oppose the law, annoyed the commons, and persecuted the tribunes, as it were by a regular war. The prosecutor suffered the accused to rush on headlong, and to heighten the charges against him by the flame and material of the popular odium thus incurred: in the mean time he proceeded with the law, not so much in the hope of carrying it through, as to provoke the temerity of Cæso. There many inconsiderate expressions and actions passing among the young men, are charged on the temper of Cæso, through the prejudice raised against him; still the law was resisted. And Aulus Virginius frequently remarks to the people, "Are you even now sensible that you cannot have Cæso, as a fellow-citizen, with the law which you desire? Though why do I say law? he is an opponent of your liberty; he surpasses all the Tarquins in arrogance. Wait till he is made consul or dictator, whom, though but a private citizen, you now see exercising kingly sway over you by his strength and audacity." Many assented, complaining that they had been beaten by him: and strongly urged on the tribune to go through with the prosecution. 12. The day of trial now approached, and it was evident that persons in general considered that their liberty depended on the condemnation of Cæso: then, at length being forced to it, he addressed the commons individually, though with a strong feeling of indignation; his relatives followed him, the principal members of the state. Titus Quintius Capitolinus, who had been thrice consul, after he recounted many splendid achievements of his own, and of his family, stated, that neither in the Quintian family, nor in the Roman state, had there appeared such promising genius of such early valour. "That he had first been his soldier, that he had often in his sight fought against the enemy." Spurius Furius declared, that "he having been sent to him by Quintius Capitolinus, had come to his aid when in the midst of danger; that there was no individual by whose exertions he considered the common weal more effectually re-established." Lucius Lucretius, the consul of the preceding year, in the full splendour of recent glory, shared his own services with Cæso; he recounted his battles, detailed his distinguished exploits, both on expeditions and in the field; he advised and recommended that they would prefer this extraordinary young man, endowed with all the advantages of nature and of rank, and (one who would prove) of the utmost importance to the interest of that state into which he should come, to be their fellow-citizen, rather than the citizen of a foreign state. "That with respect to that which may be offensive in him, heat and vehemence, time would diminish daily; that the prudence, which may be wanting in him, was increasing daily; that as his faults were declining and his virtues ripening to maturity, they should allow so distinguished a man to become old in their state." Among these his father, Lucius Quintius, who bore the surname of Cincinnatus, without dwelling on his merits, lest he should heighten public hatred, but soliciting pardon for his errors and his youth, implored of them to forgive his son for his sake, who had not given offence to any one by either word or deed. But some, through respect or fear, turned away from listening to his entreaties; others complaining that themselves and their friends had been ill-treated, by the harshness of their answer declared their sentence beforehand. 13. Independently of the general odium, one charge bore heavily on the accused; that Marcus Volscius Fictor, who some years before had been tribune of the people, had come forward as a witness: "that not long after the pestilence had been in the city, he had fallen in with a party of young men rioting in the Suburra; that a scuffle arose there; and that his elder brother, not yet perfectly recovered from his illness, had fallen down almost dead, being struck with the fist by Cæso; that he was carried home between the hands of some persons, and that he considered that he died from that blow; and that it had not been permitted to him by the consuls of former years to follow up the matter." In consequence of Volscius vociferating these charges, the people became so excited, that Cæso was near being killed through the violence of the people. Virginius orders him to be seized and carried to prison. The patricians oppose force to force. Titus Quintius exclaims, "that a person for whom a day of trial for a capital offence has been appointed, and whose trial was now at hand, ought not to be outraged before trial and without sentence being passed." The tribune says, "that he would not inflict punishment[117] on him before condemnation, that he would however keep him in prison until the day of trial; that the Roman people may have an opportunity of inflicting punishment on one who had killed a man." The tribunes being appealed to, secure their prerogative by adopting a middle course;[118] they forbid his being thrown into confinement, and declare it to be their wish that the accused should appear on his trial, and that a sum of money should be promised to the people, in case he should not appear. How large a sum of money ought to be promised, came under discussion: that is referred to the senate. The accused was detained in the public assembly, until the patricians should be consulted: it was determined that he should give bail:[119] each bail they bound to the amount of three thousand _asses_; how many should be given, was left to the tribunes; they limited the number to ten; for ten sureties the prosecutor discharged the accused. He was the first who gave public sureties. Being discharged from the forum, he went the following night into exile among the Etrurians. When on the day of trial it was pleaded that he had quitted his home in order to go into exile, Virginius notwithstanding holding the comitia, his colleagues when appealed to dismissed the assembly: the fine was rigorously exacted[120] from the father; so that after selling all his effects, he lived for a considerable time in a solitary cottage on the other side of the Tiber, as if in exile. This trial and the proposing of the law gave full employment to the state: there was quiet from foreign arms. [Footnote 117: Niebuhr denies that the tribunes had the power before the establishment of the decemviri to commit patricians to prison. See however Dion. vii. 17.] [Footnote 118: In the original the words are, _Medio decreto jus auxilii sui expediunt_. The tribunes were afraid lest, if they allowed Cæso to go entirely at large, the commons might become irritated; whilst if they refused to listen to the application of a patrician when he craved their assistance, they feared lest they should lose an excellent opportunity of establishing their influence and increasing their power. By adopting a line of conduct then which conceded something both to the commons and to Cæso, they as it were _extricate_ (expediunt) their power from this double danger.] [Footnote 119: _Vadis publicos_. According to Gronovius, _publico_, scil. _plebi_. Niebuhr prefers this reading.] [Footnote 120: _Rigorously exacted_. See Niebuhr ii. p. 289, who expresses a different opinion on the matter.]