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The History of Rome, Books 01 to 08

Livy

solemnity. The dictator offered up to Jupiter in the Capitol a golden crown a pound in weight, at the public expense, by order of the people. Following all the Roman writers, I have represented Aulus Cornelius Cossus as a military tribune, when he carried the second _spolia opima_ to the temple of Jupiter Feretrius. But besides that those spoils are rightly considered _opima_, which one general has taken from another; and we know no general but the person under whose auspices the war is conducted, the inscription itself written on the spoils proves, against both me and them, that Cossus was consul when he took them. Having once heard Augustus Cæsar, the founder or restorer of all our temples, on entering the temple of Jupiter Feretrius, which being dilapidated by time he rebuilt, aver that he himself had read the said inscription on the linen breastplate, I thought it would be next to sacrilege to rob Cossus of such a testimony respecting his spoils as that of Cæsar, the renovator of the temple itself. Whether the mistake is chargeable on the very ancient annals and the linen books of the magistrates, deposited in the temple of Moneta, and which Licinius Macer occasionally cites as authorities, which have Aulus Cornelius Cossus consul with Titus Quintius Pennus, in the ninth year after this, every person may form his own opinion. For there is this additional proof, that a battle so celebrated could not be transferred to that year; that the three years before and after the consulship of Aulus Cornelius were entirely free from war, in consequence of a pestilence and a scarcity of grain; so that some annals, as if in mourning, present nothing but the names of the consuls. The third year from the consulship of Cossus has him as military tribune with consular power; in the same year as master of the horse, in which office he fought another distinguished horse battle. Conjecture is open on the matter; but, as I think, idle surmises may be turned to support any opinion: when the hero of the fight, having placed the recent spoils in the sacred repository, having before him Jove himself, to whom they were consecrated, and Romulus, no contemptible witnesses in case of a false inscription, entitled himself Aulus Cornelius Cossus consul. 21. Marcus Cornelius Maluginensis and Lucius Papirius Crassus being consuls, the armies were led into the territories of the Veientians and Faliscians; numbers of men and cattle were driven off as spoil; the enemy was no where to be found on the land, and no opportunity of fighting was afforded; the cities however were not attacked, because a pestilential disorder ran through the people. Disturbances were also sought at home, but not actually excited, however, by Spurius Mælius, tribune of the people; who thinking that he might create some tumult through the popularity of his name, had both appointed a day of trial for Minucius, and had also proposed a law for confiscating the property of Servilius Ahala: alleging that Mælius had been circumvented through false impeachments by Minucius, charging Servilius with the killing of a citizen on whom no sentence had been passed; charges which, when brought before the people, proved to be more idle than the author himself. But the virulence of the disease now becoming worse, was more an object of concern to them, as also the terrors and prodigies, more especially because accounts were being brought, that houses were falling throughout the country, in consequence of frequent earthquakes. A supplication was therefore performed by the people, according to the form dictated by the decemvirs.[153] The year being still more pestilential, Caius Julius a second time and Lucius Virginius being consuls, occasioned such dread of desolation through the city and country, that not only no one left the Roman territory for the purpose of committing depredations, and not only did none of the patricians or commons entertain an idea of commencing any military aggressions; but the Fidenatians, who at first had shut themselves up either within their town, or mountains, or fortifications, now descended without provocation to commit depredations on the Roman territory. Then the army of the Veientians being called in to their aid, (for the Faliscians could be induced to renew the war neither by the distresses of the Romans, nor by the remonstrances of their allies,) the two states crossed the Anio; and displayed their ensigns at no great distance from the Colline gate. Great consternation arose therefore, not more in the country than in the city. Julius the consul draws up his troops on the rampart and walls; the senate is consulted by Virginius in the temple of Quirinus. It is determined that Aulus Servilius be appointed dictator, who some say had the cognomen of Priscus, others that of Structus. Virginius having delayed whilst he consulted his colleague, with his permission, named the dictator at night. He appoints Postumus Æbutius Elva his master of the horse. [Footnote 153: In the performance of such rites, the slightest mistake of a word or syllable was deemed highly inauspicious; to prevent which, the regular form of words was pronounced by a priest, and repeated after him by the persons officiating.] 22. The dictator orders all to attend at break of day outside the Colline gate. All whosoever had sufficient strength to bear arms, attended; the standards were quickly brought forth from the treasury and conveyed to the dictator. Whilst these matters were going on, the enemies retired to the higher grounds; thither the dictator follows them with a determined army; and having come to a general engagement not far from Nomentum, he routed the Etrurian legions; he then drove them into the city of Fidenæ, and surrounded it with a rampart. But neither could the city be taken by storm as being high and well fortified, nor was there any effect in a blockade, because corn was supplied to them in abundance not only for necessary consumption, but for plenty also, in consequence of that previously laid up. Thus all hope being lost of taking it by assault, or of forcing it to a surrender, the dictator determined on carrying a sap into the citadel in places which were well known to him on account of their near situation on the remote side of the city, as being most neglected because it was best protected by reason of its own nature; he himself by advancing up to the walls in places most remote, with his army divided into four sections, which were to succeed each other in the action, by continuing the fight day and night continuously he prevented the enemy from perceiving the work; until the mountain being dug through from the camp, a passage was opened up into the citadel; and the Etrurians being diverted from the real danger by the idle threats, the shouting of the enemy over their heads proved to them that their city was taken. On that year Caius Furius Pacilus and Marcus Geganius Macerinus, censors, approved of the public edifice[154] in the Campus Martius, and the census of the people was there performed for the first time. [Footnote 154: _Villa publica_. It was destined to public uses, such as holding the _census_, or survey of the people, the reception of ambassadors, &c.] 23. That the same consuls were re-elected on the following year, Julius for the third time, Virginius for the second time, I find in Licinius Macer. Valerius Antias and Quintus Tubero state that Marcus Manlius and Quintus Sulpicius were, the consuls for that year. But in representations so different both Tubero and Macer cite the linen books as their authority; neither of them denies that it was said by ancient historians that there were military tribunes on that year. Licinius thinks that we should unhesitatingly follow the linen books; and Tubero is uncertain as to the truth. But this also is left unsettled among other points not ascertained from length of time. Alarm was raised in Etruria after the capture of Fidenæ, not only the Veientians being terrified by the apprehension of similar ruin, but the Faliscians also, from the recollection of the war having first commenced with them, although they had not joined with those who renewed hostilities. Accordingly when the two nations, having sent ambassadors around to the twelve states, succeeded so far that a general meeting was proclaimed for all Etruria at the temple of Voltumna; the senate, apprehending a great attack threatening from that quarter, ordered Mamercus Æmilius again to be appointed dictator. Aulus Postumius Tubertus was appointed by him as master of the horse; and preparations for war were made with so much the more energy than on the last occasion, in proportion as there was more danger from the whole body of Etruria than from two of its states. 24. That matter passed off much more quietly than any one expected. Therefore when word was brought by certain traders, that aid was refused to the Veientians, and that they were bid to prosecute with their own strength a war entered into on their own separate views, and not to seek out persons as sharers in their distresses, to whom they had not communicated their hopes when flourishing; the dictator, that his appointment might not be in vain, all opportunity of acquiring military glory being now taken from him, desirous of performing during peace some work which might serve as a memorial of his dictatorship, sets about limiting the censorship, either judging its powers excessive, or disapproving of the duration rather than the extent of the office. Accordingly, having summoned a meeting, he says "that the immortal gods had taken on themselves that the public affairs should be managed externally, and that the general security should be insured; that with respect to what was to be done within the walls, he would provide for the liberty of the Roman people. But that the most effectual guarding of it was, that offices of great power should not be of long continuance; and that a limit of time should be set to those to which a limit of jurisdiction could not be set. That other offices were annual, that the censorship was quinquennial; that it was a grievance to be subject to the same individuals for such a number of years in a considerable part of the affairs of life. That he would propose a law, that the censorship should not last longer than a year and half." Amid the great approbation of the people he passed the law on the following day, and says, "that you may know, Romans, in reality, how little pleasing to me are offices of long duration, I resign the dictatorship." Having laid down his own office, and set a limit to the office of others, he was escorted home with the congratulation and great good will of the people. The censors resenting Mamercus' conduct for his having diminished the duration of one of the offices of the Roman people, degraded him from his tribe, and increasing his taxes eight-fold, disfranchised[155] him. They say that he bore this with great magnanimity, as he considered the cause of the disgrace, rather than the disgrace itself; that the principal patricians also, though they had been averse to the curtailing the privileges of the censorship, were much displeased at this instance of censorial severity; inasmuch as each saw that he would be longer and more frequently subjected to the censors, than he should hold the office of censor. Certain it is that such indignation is said to have arisen on the part of the people, that violence could not be kept off from the censors through the influence of any person except of Mamercus himself. [Footnote 155: _ærarium facere_, signifies to strip a person of all the privileges of a citizen, on which he became _civis ærarius_, a citizen only so far as he paid taxes.]