The History of Rome, Books 01 to 08 - Livy

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possessors, at the danger of their property; the senators felt, moreover, a solicitude on public grounds, that the consul by his donation was establishing an influence dangerous to liberty. Then, for the first time, the Agrarian law was proposed, which even down to our own recollection was never agitated without the greatest commotions in the state. The other consul resisted the donation, the senators seconding him, nor were all the commons opposed to him; they had at first begun to despise a gift which was extended from citizens to allies: in the next place they frequently heard the consul Virginius in the assemblies as it were prophesying—"that the gift of his colleague was pestilential—that those lands were sure to bring slavery to those who should receive them; that the way was paving to a throne." For why was it that the allies were included, and the Latin nation? What was the object of a third of the land that had been taken being given back to the Hernici so lately our enemies, except that instead of Coriolanus being their leader they may have Cassius? The dissuader and opposer of the agrarian law now began to be popular. Both consuls then vied with each other in humouring the commons. Virginius said that he would suffer the lands to be assigned, provided they were assigned to no one but to a Roman citizen. Cassius, because in the agrarian donation he sought popularity among the allies, and was therefore lowered in the estimation of his countrymen, in order that by another donation he might conciliate their affections, ordered that the money received for the Sicilian corn should be refunded to the people. That indeed the people rejected as nothing else than a present bribe for regal authority: so strongly were his gifts spurned in the minds of men, as if they possessed every thing in abundance, in consequence of their inveterate suspicions of his aiming at sovereign power. As soon as he went out of office, it is certain that he was condemned and put to death. There are some who represent his father as the person who inflicted the punishment: that he, having tried him at home, scourged him and put him to death, and consecrated his son's private property to Ceres; that out of this a statue was set up and inscribed, "given from the Cassian family." In some authors I find it stated, and that is more probable, that a day of trial was assigned him for high treason, by the questors, Kæso Fabius and Lucius Valerius; and that he was condemned by the decision of the people; that his house was demolished by a public decree: this is the area before the temple of Tellus. But whether that trial was private or public, he was condemned in the consulship of Ser. Cornelius and Q. Fabius.

      The resentment of the people against Cassius was not of long duration. The allurements of the agrarian law, now that its proposer was gone, were of themselves gaining ground in their minds; and this feeling was further heightened by the parsimonious conduct of the senators, who, the Volsci and Æqui having been defeated that year, defrauded the soldiers of the booty; whatever was taken from the enemy, the consul Fabius sold, and lodged the proceeds in the treasury. The Fabian name was odious to the commons on account of the last consul: the senate however succeeded in having Kæso Fabius elected consul with L. Æmilius. The commons, still further incensed at this, stirred up foreign war by exciting disturbance at home; civil dissensions were then interrupted by war. The senators and commons uniting, under the conduct of Æmilius, conquered in battle the Volsci and Æqui who renewed hostilities. The retreat, however, destroyed more of the enemy than the battle; so perseveringly did the horse pursue them when routed. During the same year, on the ides of July, the temple of Castor was dedicated: it had been vowed during the Latin war in the dictatorship of Posthumius: his son, who was elected duumvir for that special purpose, dedicated it. In that year also the minds of the people were excited by the charms of the agrarian law. The tribunes of the people were for enhancing the popular power (vested in them) by promoting the popular law. The senators, considering that there was enough and more than enough of frenzy in the multitude without any additional incitement, viewed with horror largesses and all inducements to temerity: the senators found in the consuls most energetic abettors in making resistance. That portion of the commonwealth therefore prevailed; and not for the present only, but for the forthcoming year they succeeded in bringing in M. Fabius, Kæso's brother, as consul, and one still more detested by the commons for his persecution of Sp. Cassius, L. Valerius. In that year also there was a contest with the tribunes. The law proved to be a vain project, and the abettors of the law mere boasters, by their holding out a gift that was not realized. The Fabian name was from thence held in high repute, after three successive consulates, and all as it were uniformly exercised in contending with the tribunes; accordingly, the honour remained for a considerable time in that family, as being right well placed. A Veientian war was then commenced; the Volscians, too, renewed hostilities; but for foreign wars their strength was almost more than sufficient, and they abused it by contending among themselves. To the distracted state of the public mind were added prodigies from heaven, exhibiting almost daily threats in the city and in the country, and the soothsayers, consulted by the state and by private individuals, one while by means of entrails, another by birds, declared that there was no other cause for the divine anger, but that the ceremonies of religion were not duly attended to. These terrors, however, terminated in this, that Oppia, a vestal virgin, being found guilty of a breach of chastity, was made to suffer punishment.

      Quintus Fabius and C. Julius were then made consuls. During this year the dissension at home was not abated, and the war abroad was more desperate. Arms were taken up by the Æquans; the Veientes also entered the territory of the Romans committing devastations; the solicitude about which wars increasing, Kæso Fabius and Sp. Fusius are created consuls. The Æqui were laying siege to Ortona, a Latin city. The Veientes, now satiated with plunder, threatened that they would besiege Rome itself. Which terrors, when they ought to assuage, increased still further the bad feelings of the commons: and the custom of declining the military service was now returning, not of their own accord; but Sp. Licinius, a tribune of the people, thinking that the time was come for forcing the agrarian law on the patricians by extreme necessity, had taken on him the task of obstructing the military preparations. But all the odium of the tribunitian power was turned on the author; nor did the consuls rise up against him more zealously than his own colleagues; and by their assistance the consuls hold the levy. An army is raised for the two wars at the same time; one is given to Fabius to be led against the Æqui, the other to Furius against the Veientians. And with respect to the Veientians, nothing was done worthy of mention. Fabius had much more trouble with his countrymen than with the enemy: that one man himself, as consul, sustained the commonwealth, which the army was betraying, far as in them lay, through their hatred of the consul. For when the consul, in addition to his other military talents, which he exhibited amply in his preparations for and conduct of war, had so drawn up his line that he routed the enemy's army solely by a charge of his cavalry, the infantry refused to pursue them when routed: and though the exhortation of their general, whom they hated, could not move them, neither could even their own infamy, and the present public disgrace and subsequent danger, if the enemy should recover courage, oblige them to quicken their pace, or even to stand in order of battle, if nothing else. Without orders they face about, and with a sorrowful air (you would suppose them beaten) they return to the camp, execrating at one time their general, at another time the services rendered by the cavalry. Nor were any remedies sought by the general for this so pestilent an example; so true is it that the most distinguished talents are more likely to be deficient in the tact of managing their countrymen than in that of conquering an enemy. The consul returned to Rome, not having so much increased his military glory as irritated and exasperated the hatred of his soldiers towards him. The patricians, however, succeeded in having the consulship remain in the Fabian family. They elect M. Fabius consul: Cn. Manlius is assigned as a colleague to Fabius.

      This year also had a tribune as a proposer of the agrarian law. It was Titus Pontificius: he pursuing the same course, as if it had succeeded with Sp. Licinius, obstructed the levy for a little time. The patricians being once more perplexed, Appius Claudius asserts "that the tribunitian power was put down last year: for the present by the very act, for the future by the precedent established, and since it was found that it could be rendered ineffective by its own strength; for that there never would be wanting a tribune who would both be willing to obtain a victory for himself over his colleague, and the favour of the better party by advancing the public weal. That both a plurality of tribunes, if there were need of such plurality, would be ready to assist the consuls; and that even one would be sufficient against all. Only let the consuls and leading members

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