LITMIR.BIZ

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      57

      With difficulty the people were pacified by Quintius: with much more difficulty was the other consul by the patricians. The assembly of the people being at length dismissed, the consuls convene the senate; where, though fear and resentment by turns had produced a diversity of opinions, the more they were recalled, after the lapse of time, from violence to reflection, the more averse did they become to a continuance of the dispute, so that they returned thanks to Quintius, because by his exertions the disturbance had been quieted. Appius is requested "to consent that the consular dignity should be merely so great as it could be in a peaceably conducted state; that as long as the tribune and consuls were drawing all power, each to his own side, no strength was left between; that the object aimed at was in whose hands the commonwealth should be, distracted and torn as it was, rather than that it should be safe." Appius, on the contrary, called gods and men to witness that "the commonwealth was betrayed and abandoned through cowardice; that it was not the consul that was wanting to the senate, but the senate to the consul; that more oppressive laws were now being submitted to than were sanctioned on the sacred mount." Overcome however by the unanimous feeling of the senators, he desisted: the law is carried without opposition.

      58

      Then for the first time the tribunes were elected in the comitia by tribes. Piso said that three were added to the number, whereas there had been only two before. He names the tribunes also, Caius Sicinius, Lucius Numitorius, Marcus Duilius, Spurius Icilius, Lucius Mecilius. During the disturbance at Rome, a war with the Volscians and Æquans broke out; they had laid waste the lands, so that if any secession of the people should take place, they might find a refuge with them. The differences being afterwards settled, they removed their camp backwards. Appius Claudius was sent against the Volscians; the Æquans fell to Quintius as his province. The severity of Appius was the same in war as at home, being more unrestrained because he was free from tribunitian control. He hated the commons with more than his father's hatred: he had been defeated by them: when he was set up as the only consul to oppose the tribunitian influence, a law was passed, which former consuls obstructed with less effort, amid hopes of the senators by no means so great (as those formed of him). His resentment and indignation at this, excited his imperious temper to harass the army by the rigour of his command; nor could it (the army) however be subdued by any means; such a spirit of opposition had they imbibed. They executed every measure slowly, indolently, negligently, and with stubbornness: neither shame nor fear restrained them. If he wished the army to move on with expedition, they designedly went more slowly: if he came up to them to encourage them in their work, they all relaxed the energy which they before exerted of their own accord: when he was present they cast down their eyes, they silently cursed him as he passed by; so that his mind, invulnerable to plebeian hatred, was sometimes moved. All kind of harsh treatment being tried in vain, he no longer held any intercourse with the soldiers; he said the army was corrupted by the centurions; he sometimes gibingly called them tribunes of the people and Voleros.

      59

      None of these circumstances were unknown to the Volscians, and they pressed on with so much the more vigour, hoping that the Roman army would entertain the same spirit of opposition against Appius, which they had formerly entertained against the consul Fabius. But they were much more violent against Appius than against Fabius. For they were not only unwilling to conquer, like Fabius' army, but they wished to be conquered. When led out to the field, they made for their camp in an ignominious flight, nor did they stand their ground until they saw the Volscians advancing to their fortifications, and making dreadful havoc on the rear of their army. Then the obligation to fight was wrung from them, in order that the victorious enemy should be dislodged from their lines; yet it was sufficiently plain that the Roman soldiers were only unwilling that their camp should be taken; some of them gloried in their own defeat and disgrace. When the determined spirit of Appius, undaunted by these things, wished to exercise severity still further, and he summoned a meeting, the lieutenant-generals and tribunes flock around him, advising him "that he would not determine on venturing a trial of an authority, the entire strength of which lay in the acquiescence of those who were to obey. That the soldiers generally refused to come to the assembly, and that their clamours were heard in every direction demanding that the camp should be removed from the Volscian territory. That the victorious enemy were but a little time ago almost at the very gates and rampart; and that not merely a suspicion, but a manifest indication of a grievous disaster presented itself to their eyes." Yielding at length, (since they would gain nothing save a delay of punishment,) having prorogued the assembly, after he had given orders that their march should be proclaimed for the following day, he, at the first dawn, gave the signal for departure by sound of trumpet. When the army, having just got clear of the camp, were forming themselves, the Volscians, as being aroused by the same signal, fall upon those in the rear; from whom the alarm spreading to the van, confounded both the battalions and ranks with such consternation, that neither the generals' orders could be distinctly heard, nor the lines be drawn up, no one thinking of any thing but flight. In such confusion did they make their way through heaps of dead bodies and of arms, that the enemy ceased to pursue sooner than the Romans to fly. The soldiers being at length collected from their scattered rout, the consul, after he had in vain followed his men for the purpose of rallying them, pitched his camp in a peaceful part of the country; and an assembly being convened, after inveighing not without good reason against the army, as traitors to military discipline, deserters of their posts, frequently asking them, one by one, where were their standards, where their arms; he first beat with rods and then beheaded those soldiers who had thrown down their arms, the standard-bearers who had lost their standards, and moreover the centurions, and those with the double allowance, who had left their ranks. With respect to the rest of the multitude, every tenth man was drawn by lot for punishment.

      60

      In a contrary manner to this, the consul and soldiers in the country of the Æquans vied with each other in courtesy and acts of kindness: both Quintius was naturally milder in disposition, and the ill-fated severity of his colleague caused him to indulge more in his own good temper. This, such great cordiality between the general and his army, the Æquans did not venture to meet; they suffered the enemy to go through their lands committing devastations in every direction. Nor were depredations committed more extensively in that quarter in any preceding war. Praises were also added, in which the minds of soldiers find no less pleasure than in rewards. The army returned more reconciled both to their general, and also on account of the general to the patricians; stating that a parent was assigned to them, a master to the other army by the senate. The year now passed, with varied success in war, and furious dissensions at home and abroad, was rendered memorable chiefly by the elections by tribes; the matter was more important from the victory in the contest entered into, than from any real advantage; for there was more of dignity abstracted from the elections themselves by the exclusion of the patricians, than there was influence either added to the commons or taken from the patricians.

      61

      A more turbulent year99 next followed, Lucius Valerius, Tiberius Æmilius being consuls, both by reason of the struggles between the different orders concerning the agrarian law, as well as on account of the trial of Appius Claudius; for whom, as a most active opposer of the law, and as one who supported the cause of the possessors of the public land, as if a third consul, Marcus Duilius and Caius Sicinius appointed a day of trial.100 Never before was an accused person so hateful to the commons brought to trial before the people; overwhelmed with their resentment on his own account,101 and also on account of his father. The patricians too seldom made equal exertions in behalf of any one: "that the champion of the senate, and the assertor of their dignity, opposed to all the storms of the tribunes and commons, was exposed to the resentment of the commons, merely for having exceeded bounds in the contest." Appius Claudius himself was the only one of the patricians who made light both of the tribunes and commons and his own trial. Neither the threats of the commons, nor the entreaties of the senate, could ever persuade him not only to change his garb, or address persons as a suppliant, but not even so far as to soften or relax any thing from the usual asperity of his style, when his cause was to be pleaded before the people. The expression

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