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The principal senators were of opinion, that whether so ignominious a defeat had been sustained through the misconduct or the misfortune of the commanders, "the regular time of the elections should not be waited for, but that new military tribunes should be created immediately, who should enter into office on the calends of October." Whilst they were proceeding to intimate their assent to this opinion, the other military tribunes offered no opposition. But Sergius and Virginius, on whose account it was evident that the senate were dissatisfied with the magistrates of that year, at first deprecated the ignominy, then protested against the decree of the senate; they declared that they would not retire from office before the ides of December, the usual day for persons entering on magisterial duties. Upon this the tribunes of the plebeians, whilst in the general harmony and in the prosperous state of public affairs they had unwillingly kept silence, suddenly becoming confident, began to threaten the military tribunes, that unless they conformed to the order of the senate, they would order them to be thrown into prison. Then Caius Servilius Ahala, a military tribune, observed, "With respect to you, tribunes of the commons, and your threats, I would with pleasure put it to the test, how there is not more of authority in the latter than of spirit in yourselves. But it is impious to strive against the authority of the senate. Wherefore do you cease to seek amid our quarrels for an opportunity of doing mischief; and my colleagues will either do that which the senate thinks fit, or if they shall persist with too much pertinacity, I will immediately nominate a dictator, who will oblige them to retire from office." When this speech was approved with general consent, and the patricians rejoiced, that without the terrors of the tribunitian office, another and a superior power had been discovered to coerce the magistrates, overcome by the universal consent, they held the elections of military tribunes, who were to commence their office on the calends of October, and before that day they retired from office.
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During the military tribuneship of Lucius Valerius Potitus for the fourth time, Marcus Furius Camillus for the second time, Manius Æmilius Mamercinus a third time, Cneius Cornelius Cossus a second time, Kæso Fabius Ambustus, Lucius Julius Iulus, much business was transacted at home and abroad. For there was both a complex war at the same time, at Veii, at Capena, at Falerii, and among the Volscians, that Anxur might be recovered from the enemy; and at the same time there was some difficulty experienced both in consequence of the levy, and of the contribution of the tax: there was also a contention about the appointment of plebeian tribunes; and the two trials of those, who a little before had been invested with consular authority, excited no trifling commotion. First of all the tribunes of the soldiers took care that the levy should be held; and not only the juniors were enlisted, but the seniors also were compelled to give in their names, to serve as a garrison to the city. But in proportion as the number of the soldiers was augmented, so much the greater sum of money was required for pay; and this was collected by a tax, those who remained at home contributing against their will, because those who guarded the city had to perform military service also, and to serve the commonwealth. The tribunes of the commons, by their seditious harangues, caused these things, grievous in themselves, to seem more exasperating, by their asserting, "that pay was established for the soldiers with this view, that they might wear out one half of the commons by military service, the other half by the tax. That a single war was being waged now for the third year, on purpose that they may have a longer time to wage it. That armies had been raised at one levy for four different wars, and that boys even and old men were dragged from home. That neither summer nor winter now made any difference, so that there may never be any respite for the unfortunate commons, who were now even at last made to pay a tax; so that after they brought home their bodies wasted by hardship, wounds, and eventually by age, and found their properties at home neglected by the absence of the proprietors, had to pay a tax out of their impaired fortunes, and to refund to the state in a manifold proportion the military pay which had been as it were received on interest." Between the levy and the tax, and their minds being taken up by more important concerns, the number of plebeian tribunes could not be filled up at the elections. A struggle was afterwards made that patricians should be elected into the vacant places. When this could not be carried, still, for the purpose of weakening the Trebonian law, it was managed that Caius Lacerius and Marcus Acutius should be admitted as tribunes of the commons, no doubt through the influence of the patricians.
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Chance so directed it, that this year Cneius Trebonius was tribune of the commons, and he considered that he undertook the patronage of the Trebonian law as a debt due to his name and family. He crying out aloud, "that a point which some patricians had aimed at, though baffled in their first attempt, had yet been carried by the military tribunes; that the Trebonian law had been subverted, and tribunes of the commons had been elected not by the suffrages of the people but by the mandate of the patricians; and that the thing was now come to this, that either patricians or dependants of patricians were to be had for tribunes of the commons; that the devoting laws were taken away, the tribunitian power wrested from them; he alleged that this was effected by some artifice of the patricians, by the villany and treachery of his colleagues." While not only the patricians, but the tribunes of the commons also became objects of public resentment; as well those who were elected, as those who had elected them; then three of the college, Publius Curiatius, Marcus Metilius, and Marcus Minucius, alarmed for their interests, make an attack on Sergius and Virginius, military tribunes of the former year; they turn away the resentment of the commons, and public odium from themselves on them, by appointing a day of trial for them. They observe that "those persons by whom the levy, the tribute, the long service, and the distant seat of the war was felt as a grievance, those who lamented the calamity sustained at Veii; such as had their houses in mourning through the loss of children, brothers, relatives, and kinsmen, had now through their means the right and power of avenging the public and private sorrow on the two guilty causes. For that the sources of all their sufferings were centred in Sergius and Virginius: nor did the prosecutor advance that charge more satisfactorily than the accused acknowledged it; who, both guilty, threw the blame from one to the other, Virginius charging Sergius with running away, Sergius charging Virginius with treachery.