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honours rather through favourable conjunctures than by merit. Is there any one who can feel it an affront to have himself inspected and estimated; who thinks it reasonable that to himself alone, amidst struggling competitors, honours should be certain? who would withdraw himself from your judgment? who would make your suffrages necessary instead of voluntary; servile instead of free? I omit mention of Licinius and Sextius, whose years of perpetuated power ye number, as that of the kings in the Capitol; who is there this day in the state so mean, to whom the road to the consulate is not rendered easier through the advantages of that law, than to us and to our children? inasmuch as you will sometimes not be able to elect us even though you may wish it; those persons you must elect, even though you were unwilling. Of the insult offered to merit enough has been said (for merit appertains to human beings); what shall I say respecting religion and the auspices, which is contempt and injustice relating exclusively to the immortal gods? Who is there who does not know that this city was built by auspices, that all things are conducted by auspices during war and peace, at home and abroad? In whom therefore are the auspices vested according to the usage of our forefathers? In the patricians, no doubt; for no plebeian magistrate is ever elected by auspices. So peculiar to us are the auspices, that not only do the people elect in no other manner, save by auspices, the patrician magistrates whom they do elect, but even we ourselves, without the suffrages of the people, appoint the interrex by auspices, and in our private station we hold those auspices, which they do not hold even in office. What else then does he do, than abolish auspices out of the state, who, by creating plebeian consuls, takes them away from the patricians who alone can hold them? They may now mock at religion. For what else is it, if the chickens do not feed? if they come out too slowly from the coop? if a bird chaunt an unfavourable note? These are trifling: but by not despising these trifling matters, our ancestors have raised this state to the highest eminence. Now, as if we had no need of the favour of the gods, we violate all religious ceremonies. Wherefore let pontiffs, augurs, kings of the sacrifices be appointed at random. Let us place the tiara of Jupiter's flamen on any person, provided he be a man. Let us hand over the ancilia, the shrines, the gods, and the charge of the worship of the gods, to those to whom it is impious to commit them. Let not laws be enacted, nor magistrates elected under auspices. Let not the senate give their approbation, either to the assemblies of the centuries or of the Curiæ. Let Sextius and Licinius, like Romulus and Tatius, reign in the city of Rome, because they give away as donations other persons' money and lands. So great is the charm of plundering the possessions of other persons: nor does it occur to you that by the one law vast wilds are produced throughout the lands by expelling the proprietors from their territories; by the other credit is destroyed, along with which all human society ceases to exist. For every reason, I consider that those propositions ought to be rejected by you. Whatever ye may do, I pray the gods to render it successful."

      42

      The speech of Appius merely had this effect, that the time for passing the propositions was deferred. The same tribunes, Sextius and Licinius, being re-elected for the tenth time, succeeded in passing a law, that of the decemvirs for religious matters, one half should be elected from the commons. Five patricians were elected, and five out of the plebeians; and by that step the way appeared opened to the consulship. The commons, content with this victory, yielded to the patricians, that, all mention of consuls being omitted for the present, military tribunes should be elected. Those elected were, Aulus and Marcus Cornelius a second time, Marcus Geganius, Publius Manlius, Lucius Veturius, and Publius Valerius a sixth time. When, except the siege of Velitræ, a matter rather of a slow than dubious result, there was no disquiet from foreign concerns among the Romans; the sudden rumour of a Gallic war being brought, influenced the state to appoint Marcus Furius dictator for the fifth time. He named Titus Quinctius Pennus master of the horse. Claudius asserts that a battle was fought that year with the Gauls, on the banks of the Anio; and that then the famous battle was fought on the bridge, in which Titus Manlius, engaging with a Gaul by whom he had been challenged, slew him in the sight of the two armies and despoiled him of his chain. But I am induced by the authority of several writers to believe that those things happened not less than ten years later; but that in this year a pitched battle was fought with the Gauls by the dictator, Marcus Furius, in the territory of Alba. The victory was neither doubtful nor difficult to the Romans, though from the recollection of the former defeat the Gauls had diffused great terror. Many thousands of the barbarians were slain in the field, and great numbers in the storming of the camp. The rest dispersing, making chiefly for Apulia, saved themselves from the enemy, both by continuing their flight to a great distance, as also because panic and terror had scattered them very widely. A triumph was decreed to the dictator with the concurrence of the senate and commons. Scarcely had he as yet finished the war, when a more violent disturbance awaited him at home; and by great struggles the dictator and the senate were overpowered, so that the measures of the tribunes were admitted; and the elections of the consuls were held in spite of the resistance of the nobility, at which Lucius Sextius was made consul, the first of plebeian rank. And not even was that an end of the contests. Because the patricians refused to give their approbation, the affair came very near a secession of the people, and other terrible threats of civil contests: when, however, the dissensions were accommodated on certain terms through the interference of the dictator; and concessions to the commons were made by the nobility regarding the plebeian consul; by the commons to the nobility, with respect to one prætor to be elected out of the patricians, to administer justice in the city. The different orders being at length restored to concord after their long-continued animosity, when the senate were of opinion that for the sake of the immortal gods they would readily do a thing deserving, and that justly, if ever on any occasion before, that the most magnificent games should be performed, and that one day should be added to the three; the plebeian ædiles refusing the office, the young patricians cried out with one accord, that they, for the purpose of paying honour to the immortal gods, would readily undertake the task, so that they were appointed ædiles. And when thanks were returned to them by all, a decree of the senate passed, that the dictator should ask of the people two persons as ædiles from among the patricians; that the senate should give their approbation to all the elections of that year.

      Book VII

       Table of Contents

      Two magistrates were added, the prætorship and curule ædileship. A pestilence rages in the city, which carries off the celebrated Furius Camillus. Scenic representations first introduced. Curtius leaps on horseback completely armed into a gulf in the forum. Titus Manlius, having slain a Gaul in single combat, who challenged any of the Roman soldiers, takes from him a golden chain, and hence gets the name of Torquatus. Two new tribes are added, called the Pomptine and Publilian. Licinius Stolo is condemned on a law which he himself had carried, for possessing more than five hundred acres of land. Marcus Valerius, surnamed Corvinus, from having with the aid of a crow killed a Gaul, who challenged him, is on the following year elected consul, though but twenty-three years old. A treaty of friendship made with the Carthaginians. The Campanians, overpowered by the Samnites, surrender themselves to the Roman people, who declare war against the Samnites. P. Decius Mus saves the Roman army, when brought into very great danger by the consul A. Cornelius. Conspiracy and revolt of the Roman soldiers in the garrison of Capua. They are brought to a sense of duty, and restored to their country, by Marcus Valerius Corvus, dictator. Successful operations against the Hernicians, Gauls, Tiburtians, Privernians, Tarquinians, Samnites, and Volscians.

      1

      This year will be remarkable for the consulship of a man of mean birth, remarkable for two new magistracies, the prætorship and curule ædileship. These honours the patricians claimed to themselves, in consideration of one consulship having been conceded to the plebeians. The commons gave the consulship to Lucius Sextius, by whose law it had been obtained. The patricians by their popular influence obtained the prætorship for Spurius Furius Camillus, the son of Marcus, the ædileship for Cneius Quinctius Capitolinus and Publius Cornelius Scipio, men of their own rank. To Lucius Sextius, the patrician colleague assigned was Lucius Æmilius Mamercinus. In the beginning of the year mention was made both of the Gauls, who, after having strayed about through

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