ARTES LIBRARY 1837 SCIENTIA VERITAS OF THE UNIVERSITY OF MICHIGAN PLATOUS HAVE TUEBOR SI-QUÆRIS PENINSULAM-AMⱭNAM CIRCUMSPICE THIS BOOK FORMS PART OF THE ORIGINAL LIBRARY OF THE UNIVERSITY OF MICHIGAN BOUGHT IN EUROPE 1838 TO 1839 BY ASA GRAY ¦ 1 254 F 1825 THE HISTORY OF THE i PROGRESS AND TERMINATION OF THE ROMAN REPUBLIC. ! i Printed by Abernethy & Walker, Old Bank Close, Lawnmarket. E 1 THE 15-3 HISTORY OF THE PROGRESS AND TERMINATION OF THE ROMAN REPUBLIC. BY ADAM FERGUSON, LL. D. F. R. S. E. LATE PRofessor OF MORAL PHILOSOPHY IN THE UNIVERSITY OF EDINBURGH; MEMBER OF THE ROYAL ACADEMY AT BERLIN, OF THE ROYAL ACADEMY AT FLORENCE, OF THE ETRUS- CAN SOCIETY OF ANTIQUARIES AT CORTONA, AND OF THE ARCADIA AT ROME. A NEW EDITION, IN FIVE VOLUMES. REVISED AND CORRECTED. WITH MAPS. VOL. II. EDINBURGH: PRINTED FOR BELL & BRADFUTE, EDINBURGH; AND C. & J. RIVINGTON, T. CADELL, LONGMAN & CO., BALDWIN & CO., G. B. WHITTAKER, J. DUNCAN, AND SIMPKIN & MARSHALL, LONDON. 1825. CONTENTS OF VOLUME SECOND. CHAP. X. State of the Italian allies, and the views which now began to be entertained by them.-Appearance of Caius Gracchus.-Re- solution to purge the city of aliens.-Consulate and factious motions of Fulvius Flaccus.-Conspiracy of Fregellæ sup- pressed.-Caius Gracchus returns to Rome.-Offers himself candidate for the tribunate.-Address of Cornelia.-Tribunate and acts of Caius Gracchus.—Re-election.—Proposal to ad- mit the inhabitants of Italy on the rolls of Roman citizens.— Popular acts of Gracchus and Livius.-The Senate begin to prevail.-Death of Caius Gracchus and Fulvius. CHAP. XI. Page 1 State of order and tranquillity which followed the suppression of the late tumults.-Appearance of Caius Marius.-Foreign wars.-Complaints against Jugurtha.-Appearance of the Cimbri.-War with Jugurtha.—Campaign and treaty of Piso.-Jugurtha comes to Rome with a safe-conduct.—Obli- ged to retire from thence.-Campaign of Metellus.—Of Marius. -Jugurtha betrayed by Bocchus.-His death, after the triumph of Marius.-This general re-elected, in order to com- mand against the Cimbri. 31 vi CONTENTS. CHAP. XII. Review of the circumstances which revived the popular party at Rome. Further account of laws and regulations under the ad- ministration of this party.—State of the empire.-Fourth con- sulate of Marius.-Continued migrations of the barbarous na- tions.-Defeated by Marius at Aqua Sextiæ.-By Marius and Catulus in Italy. CHAP. XIII. Page 74 Character and immoderate ambition of Marius.-Death of No- nius.-Re-election of the tribune Saturninus.-His sedition and seizing the capitol-Death of Saturninus.-Reverse in the state of parties.-Recall of Metellus.-Violent death of the tribune Furius.-Birth of Caius Julius Cæsar.—Lex Cæ- cilia Didia.-Blank in the Roman history.—Sylla offers him- self candidate for the office of prætor.-Edict of the censors against the Latin rhetoricians.—Bullion in the Roman trea- sury-Present of a group in golden figures from the king of Mauritania.-Acts of Livius Drusus.-Revolt of the Italian allies.-Policy of the Romans in yielding to the necessity of their affairs.-The laws of Plautius.... CHAP. XIV. Triumph of Pompeius Strabo.-Progress of Sylla.-War with the king of Pontus.-Rise of that kingdom.-Appointment of Sylla to command.-Policy of the tribune Sulpicius.-Sylla's commission recalled in favour of Marius.-His march from Campania to Rome.-Expels Marius and his faction from the city-His operations in Greece.-Siege of Athens.-Battle of Charonea.-Of Orchomenos.-Transactions at Rome.- Policy of Cinna.-Marius recalled.-Cinna flees, and is de- prived. Recovers the possession of Rome.-Treaty of Sylla with Mithridates. He passes into Italy.-Is opposed by nu- merous armies.— Various events of the war in Italy.-Sylla prevails. His proscription, or massacre.-Named dictator.— His policy-Resignation and Death 130 91 Spo CONTENTS. vii CHAP. XV. State of the Commonwealth, and numbers of the people.-Charac- ters of persons who began to appear in the time of Sylla.— Faction of Lepidus.-Sertorius harbours the Marian party in Spain. - Is attacked by Metellus and Pompey.-His death, and final suppression of the party.-First appearance of C. Julius Cæsar.—Tribunes begin to trespass on the laws of Sylla.-Progress of the empire.-Preparations of Mithri- dates.-War with the Romans.-Irruption into Bithynia.- Siege of Cyzicus.-Raised.-Flight of Mithridates.-Lucul- lus carries the war into Pontus.—Rout and dispersion of the army of Mithridates. His flight into Armenia.-Conduct of Lucullus in the province of Asia. Page 203 CHAP. XVI. Escape and revolt of the gladiators at Capua.-Spartacus. Action and defeat of Lentulus the Roman consul.—And of Cassius the Prætor of Gaul.-Appointment of M. Crassus for this service.-Destruction of the gladiators.-Triumph of Metellus and Pompey.-Consulship of Pompey and Crassus. -Tribunes restored to their former powers.-Consulate of Metellus and Hortensius.-War in Crete.-Renewal of the war in Pontus and Armenia.-Defeat of Tigranes.-Nego- ciation with the king of Parthia.—Mutiny of the Roman ar- my.-Complaints of piracies committed in the Roman seas.— Commission proposed to Pompey.-His conduct against the pirates.—His commission extended to Pontus.-Operations against Mithridates.-Defeat and flight of that prince.-Ope- rations of Pompey in Syria.-Siege and reduction of Jeru- salem.-Death of Mithridates. 237 CHAP. XVII. Growing corruption of the Roman officers of state. The love of consideration changed for avarice, rapacity, and prodigality.- viii CONTENTS. Laws against extortion.— Cataline a candidate for the consul- ship.-Conspiracy with Autronius.-Competition for the con- sulate.- Election of Cicero and Antonius.-Condition of the times.-Agrarian law of Rullus.-Trial of Rabirius.—Ca- bals of the Tribunes.-Of Cataline.-His flight from the city. Discovery of his accomplices.-Their execution. Page 305 CHAP. XVIII. Character of the times.-Philosophy.—Opposite tenets and vota- ries -Proceedings of the Senate.-Tribunate of Metellus Ne- pos, and of Cato.-Proposal to recall Pompey at the head of his army frustrated.-His arrival in Italy.And triumph man 344 CHAP. XIX. Transactions at Rome, and in the provinces.—Julius Cæsar ap- pointed, in the quality of proprætor, to his first province of Lu- sitania.-Trial of Clodius.-Proposed adoption into a plebeian family, to qualify him for the office of tribune. Cæsar a candi- date for the consulship.-The triumvirate of Cæsar, Pompey, and Crassus.- Consulship of Cæsar.-Motion of Vatinius, to confer on Cæsar, for five years, the command in Gaul.-Mar- riage of Pompey to Julia.-Of Cæsar to Calpurnia.-Plot of Vettius.--Consulate of Lucius Calpurnius and A. Gabinius.– Attack made upon Cicero.—His exile. 373 THE HISTORY OF THE PROGRESS AND TERMINATION OF THR ROMAN REPUBLIC. } CHAP. X. State of the Italian allies, and the views which now began to be entertained by them.-Appearance of Caius Gracchus.-Re- solution to purge the city of aliens.-Consulate and factious motions of Fulvius Flaccus.-Conspiracy of Fregellæ sup- pressed.-Caius Gracchus returns to Rome.-Offers himself candidate for the tribunate.-Address of Cornelia.-Tribu- nate and acts of Caius Gracchus.—Re-election.-Proposed to admit the inhabitants of Italy on the rolls of Roman citi- zens.-Popular acts of Gracchus and Livius.-The Senate begin to prevail.-Death of Caius Gracchus and Fulvius. THE 'HE eruption of Ætna, and other particulars re- lating to the natural history of the earth, with the mention of which we concluded our last chap- ter, were considered as prodigies, or presages of evils which were yet to afflict the republic of Rome. At this time, indeed, the state of Italy seemed to have received the seeds of much trouble, and to contain VOL. II. A 2 [c. x. THE PROGRESS AND TERMINATION Ever since ample materials of civil combustion. passing the Agrarian law, the Roman citizens, for whom no provision had been made at their return from military service, or who thought themselves partially dealt with in the colonies, the leaders of tumult and faction in the city, were now taught to consider landed property as their joint inheritance. They were, in imagination, distributing their lots, and selecting their shares. In the mean time, the inhabitants of the munici- pia, or free towns, and their districts, who, not be- ing Roman citizens, took part with the State as sub- jects, had reason to dread the rapacity of such needy and powerful sovereigns. They themselves likewise began to repine under the inequality of their own condition. They observed, that while they were scarcely allowed to retain the possessions of their fathers, Rome, aided by their arms, had gained that extensive dominion, and obtained that territory, about which the poor and the rich were now likely to quarrel among themselves. And "the Italian "allies," they said, "must bleed in this contest, "no less than they have done in the foreign or "more distant wars of the commonwealth." They had been made, by the professions of Tiberius Grac- chus, to entertain hopes that every distinction in Italy would soon be removed, that every freeman in the country would be enrolled as a citizen of Rome, and be admitted to all the powers and pretensions implied in that designation. The consideration of this subject, therefore, could not long be delayed; and the Roman Senators, already struggling with c. x.] 3 OF THE ROMAN REPUBLIC. the claims of their fellow-citizens, had an immediate storm to apprehend from the allies. Transitions equivalent to revolution had been so frequent in this republic, and its progress from small beginnings to a great empire had been so rapid, that the changes to which men are exposed, and the ex- ertions of which they are capable, no where appear so conspicuous, nor are they any where so distinct- ly marked. In the first ages of Rome, the distinctive impor- tance of a citizen appears not to have been sensibly felt or understood. Conquered enemies were remo- ved to Rome, and their captivity consisted in being forced to be Romans, a condition to which they sub- mitted with great reluctance. In that period it is not to be doubted that every foreigner settling at Rome was welcome to take his place as a Roman citizen in the assembly of the people; that many were admitted into the Senate *, and some even were placed on the throne t. It is likely also, that the first colonies considered themselves as detached from the city, and as forming cantons apart; for we find them, like the other states of Italy, occasionally at war with the Romans. > But when the sovereignty of Italy came to be es- tablished at Rome, and was there actually exercised by the collective body of the people, the inhabitants of the colonies, it is probable, laid claim to their votes at elections, and presented themselves to be enrolled * The Claudian family were aliens. + Tarquinius Priscus was of Greek extraction, and an alien from Tarquinii, ▲ 2 4 [c. x. THE PROGRESS AND TERMINATION in the tribes. They felt their own consequence and their superiority over the municipia, or free towns in their neighbourhood, to whom, as a mark of distinction and an act of munificence, some re- mains of independence had been left. Even in this state, the rolls of the people had been very negli- gently made up or preserved. The Kings, the Con- suls, the Censors, who were the officers in dif ferent ages of the state, intrusted with the musters, gave the privilege of citizens to such as presented themselves, or to such as they were pleased to re- ceive on the rolls. One Consul invited all the free inhabitants of Latium to poll in the assemblies of the people; another rejected them, and in time of elec tions forbad them the city. But notwithstanding this prohibition, aliens who had been brought to Rome even as captives, were suffered by degrees to mix with the citizens *. The inhabitants of the free towns, removing to Rome upon any creditable foot- ing, found easy admission among the members of some tribe; but from the facility of this admission, the towns complained they were depopulated; and the Senate at last, sensible of the abuse, endeavour- ed to shut the gates of their city by repeated scruti- nies, and the prohibition of surreptitious enrolments; but in vain. The practice still continued, and the growing privilege, distinction and eminence of a Roman citizen, made that title become the great ob- ject of ambition to individuals and to entire cantons. It had already been extended to districts whose in- *This happened particularly in the case of the Campanians. c. x.] 5 OF THE ROMAN REPUBLIC. habitants were not distinguished by any singular me- rit towards the Roman State. In this respect all the allies were nearly equal; they had regularly compo- sed at least one half in every Roman army, and had borne an equal share in all the dangers and troubles of the commonwealth; and, from having valued themselves of old on their separate titles and national distinctions, they began now to aspire to a share in the sovereignty of the empire, and wished to sink for ever their municipal designations under the general title of Romans. Not only the great power that was enjoyed in the assembly of the people, and the serious privileges that were bestowed by the Porcian law, but even the title of citizen in Italy, of legionary soldier in the field, and the permission of wearing the Roman toga or gown, were now ardently coveted as marks of dignity and honour. The city was frequented by persons who hoped separately to be admitted in the Tribes, and by numbers who crowded from the neighbouring cantons on every remarkable day of assembly, still flattering themselves, that the expec- tations which Gracchus had given on this important subject might soon be fulfilled. U. C. 627. M. Æmi- In this state of affairs, the Senate authorised Ju- nius Pennus, one of the Tribunes, to move Consuls : the people for an edict to prohibit, on days lius Lepi- of election, or public assembly, this con- course of aliens, and requiring all the coun- try towns in Italy to recall their denizens, who had left their own corporations to act the part of citizens at Rome. dus, L. Aurelius Orestes. 6 [c. x. THE PROGRESS AND TERMINATION On this occasion, Caius Gracchus, the brother of the late unfortunate Tribune, stood forth, and made one of the first exhibitions, in which he displayed the extent of his talents, as well as made known the party he was likely to espouse in the commonwealth. Being about twenty years of age when the troubles occasioned by his elder brother had so much disturb- ed the republic, and ended so fatally for himself, this young man retired upon that catastrophe from the public view, and made it uncertain whether the sufferings of his family might not deter him, not on- ly from embracing like dangerous counsels, but even from entering at all on the scene of political affairs. His retirement, however, he had employed in such studies as were then come into repute, on account of their importance, as a preparation for the business of the courts of justice, of the Senate, or the popular assemblies; and the first public appearance he made gave evident proof of the talents he had acquired for these several departments. His parts seemed to be quicker, and his spirit more ardent, than those of his brother Tiberius; and the people conceived hopes of having their pretensions revived, and more successfully conducted, than they had been under any former leader. The cause of the country towns, in which he now engaged, was specious; but as the part he took in it was likely to form a new and a nu- merous party, prepared for every factious attempt, and as he professed to make way for the promiscuous admission of strangers on the rolls of the people, a measure which tended so much to distract the repu- blic, to diminish the consequence of those who were c. x.] 17 OF THE ROMAN REPUBLIC. already citizens, the argument in favour of the reso- lution to purge the city of aliens prevailed, and an act to that purpose, now moved in the assembly of the people, accordingly passed *. It deserves to be recorded, that amidst the in- quiries set on foot in consequence of this edict, or about this time, Perperna, the father of a late Con- sul †, was claimed by one of the Italian corporations, and found not to have been a citizen of Rome. His son, whom we have already mentioned, having van- quished and taken Aristonicus, the pretended heir of Attalus, died in his command at Pergamus; he is accordingly said to have been a rare example of the caprice of fortune, in having been a Roman Consul, though not a Roman citizen; an example which may farther confirm what has been already observed of the latitude which officers took in conducting the Census. U. C. 628. M. Plau- tius Hip- sius, M. Fulvius Flaccus. The fires of sedition which had some time preyed on the commonwealth, were likely to break out with increasing force upon the promotion of Fulvius Flac- cus to the dignity of first magistrate. This factious citizen had blown up the flame with Tiberius Gracchus, and having suc- ceeded him in the commission for execu- ting the Agrarian law, never failed to car- ry the torch wherever matter of inflammation or ge- neral combustion could be found. By his merit with the popular party he had attained his present *Sextus Pompeius Festus in voce Republica. Cicero in Bruto, in Officiis, lib. iii, + Valerius Maximus, lib. iii, c. 4. 8 [c. x. THE PROGRESS AND TERMINATION Leges Ful- viæ. eminence, and was determined to preserve it by con- tinuing his services. He accordingly be- gan the functions of his office by proposing a law to communicate the freedom of the city to the allies or free inhabitants of Italy; a mea- sure which tended to weaken the power of the Se- nate, and to increase the numbers of the people greatly beyond what could be convened in any one collective body. Having failed in this attempt, he substituted a proposal in appearance more moderate, but equally dangerous, That whoever claimed the right of citizen, in case of being cast by the Censors, who were the proper judges, might appeal to the popular assembly *. This might have conferred the power of naturalization on the leaders of faction; and the danger of such a measure called upon the Senate to exert its authority and influence in having this motion also rejected. The Consul thus already entered on his popular career, uniting the power of supreme magistrate with that of a commissioner for the execution of the A- grarian law, and likely to break through all the forms which had hitherto retarded or stood in the way of his measure, was with difficulty persuaded to call a meeting of the Senate, and to take his place in that body. The whole, as soon as they were met, joined in representations against these dangerous measures, and in a request that he would withdraw his motions. To these expostulations he made no reply t; but an occasion soon afterwards Appian. de Bell. Civ. lib. i, + Val. Max. lib. ix, c. 5. ୯ c. x.] 9 OF THE ROMAN REPUBLIC. offered, by which the Senate was enabled to divert him from these factious pursuits in the city. A de- putation arrived from Marseilles, then in alliance with Rome, to request the support of the republic against the Salyii, a neighbouring nation, who had invaded their territories. The Senate gladly em- bracing this opportunity to find employment abroad for the Consul, decreed a speedy aid to the city of Marseilles, and appointed M. Fulvius Flaccus to that service. Although this incident marred or interrupted for the present the political designs of the Consul, yet he was induced, by the hopes of a triumph, to accept of the command which offered, and by his absence, to relieve the city for a while from the a- larms which he had given. Caius Gracchus, too, was gone in the rank of Proquæstor to Sardinia ; and the Senate, if they could by any pretence have kept those unquiet spirits at a distance, had hopes of restoring the former order of the commonwealth. In this interval some laws are said to have passed respecting the office and conduct of the Censors. The particulars are not mentioned; but the object probably was, to render the magistrate more circum- spect in the admission of those who claimed to be numbered as citizens. Such at least was likely to be the policy of the State in the absence of demagogues, who, by proposing to admit the allies on the rolls of the people, had awakened dangerous pretensions in every corner of Italy. It soon appeared how seri- ously these pretensions were adopted by the coun- try towns; for the inhabitants already bestirred themselves, and were beginning to devise how they 10 [c. x. THE PROGRESS AND TERMINATION might extort by force what they were not likely to ob- tain with consent of the original citizens of Rome. A suspicion having arisen of such treasonable con- certs forming at Fregellæ *, the Prætor Opimius had a special commission to inquire into the matter, and to proceed as he should find the occasion required. Having summoned the chief magistrate of the place to appear before him, he received from this officer, upon a promise of security to his own person, full information of the combinations that had been form- ing against the government of Rome. So instructed, the Prætor assembled such a force as was necessary to support him in asserting the authority of the State; and thinking it necessary to give a striking example in a matter of so infectious and so danger- ous a nature, he ordered the place to be razed to the ground t. By this act of severity, the designs of the allies were for a while suspended, and might have been entirely suppressed, if the fac- tions at Rome had not given them fresh U. C. 629. C. Cassius Longinus, C. Sextius Calvinus. encouragement and hopes of success or impunity. This transaction was scarcely past, when Caius Gracchus appeared in the city to solicit the office of Tribune; and, by his presence, revived the hopes of the allies. Having observed, that the Pro- consul Aurelius Cotta, under whom he was acting as Proquæstor in Sardinia, instead of being recalled, was continued in his command, and furnished with *A municipal town of the Liris, now Monte Corvo on the Garighano. + Liv. lib. lx. Velleius Obsequens. Cic. lib. ii, De Inventione; De Fi- nibus, v. Ibid. Rhetorius, lib. iv. c. x.] 11 OF THE ROMAN REPUBLIC. reinforcements and supplies of every sort, as for a service of long duration; and suspecting that this measure was pointed against himself, and proceeded from a design to keep him at a distance from the po- pular assemblies, he quitted his station in Sardinia and returned to Rome without leave. Being called to account by the Censors for deserting his duty; he defended himself with such ability and force, as greatly raised the expectations which had already been entertained by his party *. The law, he said, required him only to carry arms ten years; he had actually carried them twelve years; although he might legally have quitted his station of Quæstor at the expiration of one year, yet he had remained in it three years. However willing the Censors might have been to remove this turbulent spirit from the commonwealth, they were too weak to attempt any censure in this state of his cause, and in the present humour of the people. They en- deavoured, in vain, to load him with a share in the plot of Fregellæ ; he still exculpated himself: and, if he had possessed every virtue of a citizen, in pro- portion to his resolution, application, eloquence, and even severity of manners, he might have been a powerful support to the State. In a speech to the people, on his return from Sardinia, he concluded with the following remarkable words: "The purse "which I carried full to the province, I have brought empty back. Others having cleared the wine "casks which they carried from Italy, bring them 66 • Plutarch. in C. Graccho. 12 [c. x. THE PROGRESS AND TERMINATION "back from the provinces replenished with silver " and gold *." In declaring himself a candidate for the office of Tribune, Caius Gracchus professed his intention to propose many popular acts. The Senators exerted all their influence to disappoint his views; but such were the expectations now entertained in Italy, that multitudes crowded to the election in greater num- bers than could find place in the public square. His partisans handed and reached out their ballots at the windows and over the battlements; but Gracchus, though elected, was, in consequence of the opposi- tion he met with, only fourth in the list †. Cornelia, the sister of one Scipio Africanus, and the mother-in-law of the other, but still better known as the mother of the Gracchi, who, ever since the death of her son Tiberius, lived in retirement in Campania, upon hearing of the career which her son Caius was likely to run, alarmed at the renewal of a scene which had already occasioned her so much sorrow, expostulated with him on the course he was taking; and, in an unaffected and passionate ad- dress, spoke that ardent zeal for the republic, by which the more respectable citizens of Rome had been long distinguished. This high-minded woman, on whom the entire care of her family had devolved by the death of her husband, whilst the children were yet in their in- fancy, or under age, took care, with unusual atten- * A. Gellius, lib. xv, c. 12. + Plutarch. Appian. Orosius, Eutrop. Obsequens. c. x.] 13 OF THE ROMAN REPUBLIC. tion, to have them educated for the rank they were to hold in the State, and did not fail even to excite their ambition. When Tiberius, after the disgrace of Mancinus, appeared to withdraw from the road of preferments and honours: "How long," she said, “ shall I be distinguished as the mother-in-law "of Scipio, not as the mother of the Gracchi ?” This latter distinction, however, she came to pos- sess; and it has remained with her name, but from circumstances and events which this respectable per- sonage by no means appeared to desire. In one fragment of her letters to Caius, which is still pre- served, "You will tell me," she said, "that it is "glorious to be revenged of our enemies. No one "thinks so more than I do, if we can be revenged "without hurt to the republic; but if not, often may our enemies escape. Long may they be safe, if the good of the commonwealth requires their safety. In another letter, which appears to be written after his intention of suing for the Tribunate was declared, she accosts him to the following purpose: "I take "the gods to witness, that, except the persons who "killed my son Tiberius, no one ever gave me so "much affliction as you now do in this matter. You, from whom I might have expected some "consolation in my age, and who, surely, of all my children, ought to be most careful not to distress "me! I have not many years to live. Spare the republic so long for my sake. Shall I never see 66 66 << 66 CC "the madness of my family at an end? When I am dead, you will think to honour me with a parent's "rites; but what honour can my memory receive 14 [c. x. THE PROGRESS AND TERMINATION "from you, by whom I am abandoned and disho- "noured while I live? But may the gods forbid you "should persist! If you do, I fear the course you are taking leads to remorse and distraction, which "will end only with your life *.” These remonstrances do not appear to have had any effect. Caius, upon his accession to the Tribu- nate, proceeded to fulfil the expectations of his par- ty. The Agrarian law, though still in force, had met with continued interruption and delay in the execution. It was even falling into neglect. Caius thought proper, as the first act of his ma- pronia agra- gistracy, to move a renewal and confir- mation of it, with express injunctions, that there should be an annual distribution of land to the poorer citizens t. To this he subjoined, in the first year of his office, a variety of regulations tending either to increase his own popularity, or to distin- guish his administration. Upon his motion, public Lex Sem- ria. Lex fru- mentaria. granaries were erected, and a law was made, that the corn should be issued from thence monthly to the people, two parts in twelve under the prime or original cost ‡. This act gave a check to industry, which is the best guardian of manners in populous cities, or wherever multitudes of men are crowded together. • Fragmenta Corn. Nepotis ab Andrea Scotto collecta, edita cum scriptis Corn. Nepotis. † Liv. lib. lx. Velleius, lib. ii. Hyginus de Limitibus. Appian. de ver- sis illustribus. Semisse et trienti, for a half and a third, &c. Liv. Plutarch, Appian. Ibid. c. x.] 15 OF THE ROMAN REPUBLIC. Caius likewise obtained a decree, by which the estates of Attalus, king of Pergamus, lately be- queathed to the Romans, should be let in the man- ner of other lands under the inspection of the Cen- sors; but the rents, instead of being made part of the public revenue, should be allotted for the main- tenance of the poorer citizens *. Another, by which any person deposed from an office of magistracy by the people, was to be deem- ed for ever disqualified to serve the republic in any other station. This act was intended to operate against Octavius, who, by the influence of Tiberius, had been degraded from the office of Tribune; and the act took its title from the name of the person against whom it was framed t. To these were joined, an act to regulate the con- ditions of the military service ‡, by which no one was obliged to enter before seventeen years of age, and by which Roman soldiers were to receive cloth- ing as well as pay ||; possibly the first introduction of a uniform into the Roman legions: a circum- stance which, in modern times, is thought so essen- tial to the character of troops, or the appearance of an army. By the celebrated law of Porcius, which allowed of an appeal to the People, every citizen had a re- medy against any oppressive sentence or proceed- ing of the executive magistrate; but this did not • Florus, lib. iii, c. 15. † Privilegium in Octavium. Cicer. in Verrem. De militum commodis. || Plutarch. in C. Graccho.-Lex Sempronia de libertate civium. 16 [c. x. THE PROGRESS AND TERMINATION > appear to Gracchus a sufficient restraint on the offi cers of state. He proposed to have it enacted, that no person, under pain of a capital punishment, should at all proceed against a citizen without a spe- cial commission or warrant from the people to that effect. And he proposed to give this law a retro- spect, in order to comprehend Popilius Lænas * who, being Consul in the year after the troubles oc- casioned by Tiberius Gracchus, had, under the au- thority of the Senate alone, proceeded to try and condemn such as were accessory to that sedition. Lænas perceived the storm that was gathering against him, and chose to avoid it by a voluntary exile. This act was indeed almost an entire aboli- tion of government, and a bar to the most ordinary measures, required for the peace of the common- wealth. A popular faction could withhold every power, which, in their apprehension, might be em- ployed against themselves; and in their most perni- cious designs had no interruption to fear from the Dictator named by the Senate and Consuls, nor from the Consul armed with the authority of the Se- nate for the suppression of disorders; a resource to which the republic had frequently owed its preser- vation. But as we find no change in the admini- stration of justice upon this new regulation, it is probable that the absurdity of the law prevented its effect. While Gracchus thus proposed to make all the powers of the State depend for their existence on the *Cicer. in Cluentio; pro Rabino; pro domo sua. 1 c. x.] 17 OF THE ROMAN REPUBLIC. occasional will of the people, he meant also to render the assemblies of the people themselves more demo- cratical, by stripping the higher classes of any pre- rogative or influence they might derive from mere precedence, in leading the public decisions. The Centuries being hitherto called to vote in the order of their classes, those of the first or highest class, by voting first, set an example which influenced the whole *. To obviate which for the future, the Cen- turies, by the statute of Gracchus, were required, in every question, to draw lots for the prerogative, or first place in the order of voting, and to declare their suffrage in the place they had drawn. Under this active Tribune, much public business that used to pass through the Senate, was engrossed by the popular assemblies. Even in the form of these assemblies, all appearance of respect to the Se- nate was laid aside. The Rostra, or platform on which the presiding magistrate stood, was placed in the middle of an area, of which one part was the market-place, surrounded with stalls and booths for merchandise, and the courts of justice; the other part, called the Comitium, was open to receive the people in their public assemblies; and on one side of it, fronting the Rostra, or bench of the magi- strates, stood the Curia, or Senate-house. The peo- ple, when any one was speaking, stood partly in the market-place, and partly in the Comitium. The speakers directed their voice to the Comitium, so as to be heard in the Senate. This disposition, Grac- VOL. II. * The first Century was called the Prerogativa. B 18 [c. x. THE PROGRESS AND TERMINATION chus reversed; and directing his voice to the Forum, or market-place, seemed to displace the Senate, and to deprive that body of their office as watchmen and guardians of the public order in matters that came before the popular assemblies *. At the time that the Tribune Caius Gracchus en- gaged the minds of his contemporaries, and furnished history chiefly with these effects of his factious and turbulent spirit, it is observed, that he himself exe- cuted works of general utility; bridges, high-ways, and other public accommodations throughout Italy: That the state having carried its arms, for the first time, beyond the maritime extremity of the Alps, happily terminated the war with the Salyii, a nation of Gaul, whose territory in the sequel became the first province of Rome in that country: And that, in consequence of what passed in this quarter, Caius Sextius, Consul of the preceding year, was authori- sed to place a colony in the neighbourhood of the hot springs, which, from his name, were called the Aquæ Sextiæ, and are still known by a corruption of the same appellation t. From Asia, at the same time, it was reported, that Ariarathes, the king of Cappadocia, and ally of the Romans, was murdered, at the instigation of Mithri- dates, king of Pontus, whose sister he had married; that the murdered prince had left a son for whom Mithridates affected to secure the kingdom; but • M. Varro de Re Rustica, lib. i, c. 2. Cic. de Amicitia. Plutarch. in vit. Caii Gracchi. + At Aix, in Provenco. c. x.] 19 OF THE ROMAN REPUBLIC. that the widowed queen having fallen into the hands of Nicomedes, king of Bithynia, this prince, in her right, had taken possession of Cappadocia, while Mithridates, in name of his nephew, was hastening to remove him from thence. On this subject a re- solution was adopted in the assembly of the people at Rome, that both Nicomedes and Mithridates should be required immediately to evacuate Cappa- docia, and to withdraw their troops. This resolu- tion Caius Gracchus opposed with all his eloquence and his credit, charging his antagonists aloud with corruption, and a clandestine correspondence with the agents, who, on different sides, were now em- ployed at Rome in soliciting this affair. "None of "us," he said, "stand forth in this place for no- thing. Even I, who desire you to put money in your own coffers, and to consult the interest of "the state, mean to be paid, not with silver or gold “indeed, but with your favour and a good name. << CC CC They who oppose this resolution likewise covet, "not honours from you, but money from Nicome- "des; and they who support it, expect to be paid 66 by Mithridates, not by you. As for those who "are silent, they, I believe, understand the market "best of all. They have heard the story of the << poet, who being vain that he had got a great sum "of money for rehearsing a tragedy, was told by "another, that it was not wonderful he had got so "much for talking, when I, said the other, who it seems knew more than he was wished to declare, "have got ten times as much for holding my tongue. "" A B 2 20 [c. x. THE PROGRESS AND TERMINATION "There is nothing that a king will buy at so great .. a price, on occasion, as silence *." Such, at times, was the style in which this popu- lar orator was pleased to address his audience. In- dividuals are won by flattery, the multitude by buf- foonery and satire. From the tendency of this speech, it appears to have been the opinion of Gracchus, not that the Romans should sequester the kingdom of Cappadocia for the heirs of Ariarathes, but that they should seize it for themselves. The question, however, which now arose relating to the succession to this kingdom, laid the foundation of a tedious and bloody war, of which the operations and events will occur in their place. Gracchus, on the approach of the election of Con- suls, employed all his credit and influence to support Caius Fannius, in opposition to Opimius, who, by his vigilance and activi- ty in suppressing the treasonable designs. U. C. 639. C. Fan- nius, Cn. Domitius Ahenobar- bus. of the allies at Fregellæ, had incurred the displeasure of the popular party; and Fannius being accordingly chosen, together with Cn. Domitius Ahenobarbus, Gracchus proceeded to offer himself as a candidate to be re-elected into the office of Tri- bune. In this he followed the example of his bro- ther Tiberius in a step, which, being reckoned illegal as well as alarming, was that which hastened his ruin. An attempt had been since made by Papirius Carbo to have the legality of such re-elections acknowledg- ed; but this having failed, Caius Gracchus, with great * A. Gellius, lib. ii, c. 10. c. x.] 21 OF THE ROMAN REPUBLIC. address, inserted in one of his popular edicts, a clause declaring it competent for the people to re-elect a Tribune, in case he should need a continuation of his power in order to fulfil his public engagements. To avail himself of this clause, he now declared, that his views in behalf of the people were far from being accomplished. Under this pretence he ob- tained a preference to one of the new candidates, and greatly strengthened the tribunitian power by the prospect of its repeated renewals, and duration for an indefinite time. After his re-election, Caius, continuing his admi- nistration as before upon the same plan of animosity to the Senate, obtained a law to deprive that body of the share which his brother had left them in the courts of justice; and ordaining, that the judges, for the future, should be draughted from the Eques- trian order alone, a class of men, who, being left out of the Senate, and of course not comprehended in the laws that prohibited commerce, had betaken themselves, as has been observed *, to lu- crative professions, were the farmers of the revenue, the contractors for the army, and, in general, the merchants who conducted the whole trade of the republic. Though they might be considered as neutral in the disputes of the Se- nate and people, and therefore impartial where the other orders were biassed, there was no class of men, from their ordinary habits, more likely to prostitute the character of judges for interest or actual hire. Lex Sem- pronia Ju- diciaria. Vol. i, page 381. 22 THE PROGRESS AND TERMINATION [c. x. This revolution in the courts of justice accordingly may have contributed greatly to hasten the approach- ing corruption of manners, and the disorders of the state. Lex de Provinciis ordinandis. The next ordinance prepared by Gracchus, or ascribed to him, related to the nomination of officers to govern the provinces; and, if it had been strictly observed, might have made some compensation for the former. The power of naming such officers was committed to the Senate, and the arrangements were to be annually made be- fore the election of Consuls. This continued to be law, but was often overruled by the people *. 1 In the same year, the boldest and most dangerous project ever formed by any popular leader, that of extending the roll of citizens to all the Italian allies, already attempted by Fulvius Flaccus, was again re- newed by Caius Gracchus ; and by the utmost exer- tion of the vigilance and authority of the Senate, with great difficulty prevented. The rumour of this project having brought multi- tudes to Rome, the Senate thought it necessary to give the Consuls in charge, that on the day this im- portant question was to come on, they should clear the city of all strangers, and not suffer any aliens to remain within four miles of the walls. While this business remained in suspense, Gracchus flattered the poorer citizens with the prospect of advantageous settlements, in certain new colonies, of six thousand * Florus, lib. iv, c. 15. Sallust. de Bell. Jugurth. No. 621. Cicero de Provinciis Consularibus. c. x.] 23 OF THE ROMAN REPUBLIC. men each, which he proposed to plant in the districts of Campania and Tarentum, the best cultivated and most opulent parts of Italy, and in colonies, which he likewise proposed to send abroad into some of the richest provinces. Such settlements had been formerly made to occupy and secure some recent conquest abroad; they were now calculated to serve as allurements to popular favour, and as a provision, made by the leaders of faction, for their own friends and adherents at Rome. Lex Livia de Tergo Civium The Senate, attacked by such popular arts, resol- ved to retort on their adversaries; and for this pur- pose encouraged Marcus Livius, another of the Tri- bunes, and probably jealous of Gracchus, to take such measures as should, if possible, supplant him in the favour of the people. Livius, accordingly, pro- fessing to act in concert with the Senate, proposed a number of acts: one to conciliate the minds of the allies, by giving them, while they served in the army, the same exemption from corporal punishment, which the Roman citizens had Latini No- enjoyed. Another for the establishment of twelve different colonies, each of three thousand citizens. But what, possibly, had the great- est effect, because it appeared to exceed in munifi- cence all the edicts of Gracchus, was an exemption of all those lands, which should be distributed in terms of the late Sempronian Law, from all quit-rents and public burdens, which had hitherto, in general, been laid on all possessions that were held from the public *. It was proposed to name ten commission- minis. * Plutarch, Paulus Minutius de Legibus Romanis. 24 [c. x. THE PROGRESS AND TERMINATION ers to distribute lands thus unencumbered to the people; and three colonies are mentioned, Sylla- ceum, Tarentum, and Neptunia or Pestum, as having been actually sent abroad in this year, and probably on these terms. bria. About the same time it was decreed, that the city Lex Ru- of Carthage should be rebuilt for the recep- tion of a colony of six thousand Roman citizens. This decree bears the name not of Sempro- nius or of Livius, but of Rubrius, another Tribune of the same year. The Senate readily agreed to the settlement of these colonies, as likely to divide the popular favour, to carry off a number of the more factious citizens, and to furnish an opportunity likewise of removing from the city, for some time, the popular leaders themselves, under pretence of employing them to conduct and to settle the families destined to form those establishments. Accordingly, Caius Gracchus, and Fulvius Flaccus, late Consul, and now deeply engaged in all these factious measures, were destined to take charge of the new colonists, and to superin- tend their settlement *. In the mean time, the Senate, in the election of V. C. 632. Con. L. O- pimius, Q. Fab. Max- Opimius to the Consulship of the following year, carried an object of the highest im- portance to the reputation and interest of imus. their party, and by the authority of this magistrate, conceived hopes of being able to combat the designs of Gracchus more effectually than they * Plutarch. Appian. Orosius. c. x.] 25 OF THE ROMAN REPUBLIC. had hitherto done. Opimius was accordingly re- tained in the administration of affairs in Italy, while his colleague, Fabius, was appointed to command in Gaul. Caius Gracchus, having the presumption to offer himself a third time candidate for the office of Tri- bune, was rejected, and had the mortification to find, that the authority of the Senate began to prevail; and, as they had credit enough to procure his exclu- sion from any share in the magistracy, so they might be able to frustrate or reverse many of the acts he had obtained in the pursuit or execution of his pro- jects. By the repulse of Gracchus and his associates, the aristocratical party came to have a majority, even in the college of Tribunes. Questions of legislation were now likely to be determined in the assembly of the Centuries; and this circumstance alone, while the Senate was able to retain it, was equivalent to an entire restitution of the aristocratical government. The Centuries, under the leading of an active Con- sul, were likely to annul former resolutions with the same decision and rapidity with which they had been passed. Much violence was expected, and the diffe- rent parties, recollecting what had happened in the case of Tiberius Gracchus, and careful not to be sur- prised by their antagonists; for the most part came to the place of assembly in bands, even under arms, and endeavoured to possess the advantage of the ground as in the presence of an enemy. Minucius, one of the Tribunes, in consequence of a resolution of the Senate, pretending that he was 26 [c. x. THE PROGRESS AND TERMINATION moved by some unfavourable presages, proposed a repeal or amendment of some of the late popular acts; and particularly, to change the destination of the colony intended for Carthage, to some other place. This motion was strenuously opposed by Fulvius Flaccus and by Caius Gracchus, who treated the report of presages from Africa as a mere fiction, and the whole design as proceeding from the inve- terate hatred of the nobles to the people. Before the assembly met, in which this question was to be decided, the popular leaders attempted to seize the Capitol, but found themselves prevented by the Con- sul, who had already, with an armed force, secured that station. In the morning after they had received this disap- pointment, the people being assembled, and the Con- sul being employed in offering up the customary sa- crifices, Gracchus, with his party, came to their place in the Comitium. One of the attendants of the Con- sul, who was removing the entrails of a victim, re- proached Gracchus, as he passed, with sedition, and in the petulance of a retainer to power, bid him de- sist from his machinations against the government of the commonwealth. On this provocation, one of the party of Gracchus struck the offender with his dagger, and killed him on the spot. The cry of murder ran through the multitude, and the assembly began to break up. Gracchus endeavoured to speak, but could not be heard for the tumult; and all thoughts of business were laid aside. The Consul immediately summoned the Senate to meet; and having reported a murder committed in the place of c. x.] 27 OF THE ROMAN REPUBLIC. 1 assembly, and what appeared to him the first act of hostility in a war, which the popular faction had prepared against the State, he received the charge that was usual on perilous occasions, to provide, in the manner which his own prudence should direct, for the safety of the commonwealth. Thus autho- rised, he commanded the Senators and the Knights to arm, and made proper dispositions to secure the principal streets. Being master of the Capitol and Forum, he adjourned the assembly of the people to the usual place on the following day, and cited the persons accused of the murder that was recently committed, to answer for the crime which was laid to their charge. In consequence of this adjournment, and the Con- sul's instructions, numbers in arms repaired to the Comitium at the hour of assembly, and were ready to execute such orders as they might receive for the public safety. Gracchus and Fulvius refused to obey the citation they had received, and the Capitol be- ing secured against them, they took post, with a nu- merous party in arms, on the Aventine Hill, which was opposite to the Capitol, and from which, though more distant, they equally looked down on the Cir- cus, the Forum, and the place of assembly. Being again cited to appear at the Tribunal of the Roman People, they sent a young man, one of the sons of Fulvius, to capitulate with the Consul, and to settle the terms on which they should descend from their stronghold. To this message they were told, in return, that they must answer at the bar of the assembly, as criminals, not pretend to negotiate 28 [c. x. THE PROGRESS AND TERMINATION : with the republic, as equals; that no party, however numerous, was entitled to parley with the people of Rome and to this answer the messenger was for- bidden, at his peril, to bring any reply. The party, however, still hoped to gain time, or to divide their enemies; and they ventured to employ young Ful- vius again to repeat their message. He was seized by the Consul's order. Gracchus and Fulvius, with their adherents, were declared public enemies; and a reward was offered to the person who should kill or secure them. They were instantly attacked, and, after a little resistance, forced from their ground. Gracchus fled by the wooden bridge to the opposite side of the Tiber, and was there slain, either by his own hand, or by that of a faithful servant, who had undertaken the task of thus saving him in his last extremity from falling into the power of his enemies. Fulvius was dragged to execution from a bath where he attempted to conceal himself. The heads of both were carried to the Consul, and exchanged for the promised reward. In this fray the party of the Senate, being regu- larly armed and prepared for slaughter, cut off the adherents of Caius Gracchus and Fulvius in greater numbers than they had done those of Tiberius; they killed about three thousand two hundred and fifty in the streets, and confined great numbers, who were afterwards strangled in the prisons. The bodies of the slain, as the law ordained in the cases of treason, being denied the forms of a funeral, were cast into the river, and their estates confiscated *. Appian. Plutarch. Orosius, lib. v, c. 12. Florus, lib. iii, c. 15. Auctor de Viris Illustribus, c. 65. c. x.] 29 OF THE ROMAN REPUBLIC. The house of Fulvius was razed, and the ground on which it stood was laid open for public uses. From these beginnings, it appeared that the Romans, who, in the pursuit of their foreign conquests, had so liberally shed the blood of other nations, might become equally lavish of their own. 30 THE PROGRESS AND TERMINATION [C. XI. CHAP. XI. State of order and tranquillity which followed the suppression of the late tumults.-Appearance of Caius Marius.-Foreign wars.-Complaints against Jugurtha.-Appearance of the Cimbri.-War with Jugurtha.-Campaign and treaty of Piso.-Jugurtha comes to Rome with a safe conduct.-Obli- ged to retire from thence.-Campaign of Metellus.-Of Ma- rius.-Jugurtha betrayed by Bocchus.-His death after the triumph of Marius.-This general re-elected, in order to command against the Cimbri. THE HE popular party had, in the late tumults, carried their violence to such extremes as disgusted and alarmed every person who had any desire of do- mestic peace; and, in their ill-advised recourse to arms, but too well justified the measures which had been taken against them. By this exertion of vi- gour, the Senate and ordinary magistrates recover- ed their former authority; affairs returned to their usual channel, and the most perfect order seemed to arise from the late confusions. Questions of legis- lation were allowed to take their rise in the Senate, and were not carried to the people, without the sanction of the Senate's authority. The legislative power was exercised in the assembly of the Centu- ries, and the prohibitory or defensive function of the Tribunes, or representatives of the people, with- C. XI.] 81 OF THE ROMAN REPUBLIC. out stopping the proceedings of government, or sub- stituting a democratical usurpation, was such as to check the abuses of executive power in the hands of the aristocracy. Even the judicative power, vested in the Equestrian order, promised to have a salutary effect, by holding a balance between the different ranks and distinctions of men in the re- public. Meanwhile the aristocratical party, notwithstand- ing the ascendant they had recently gained, did not attempt to rescind any of the regular institutions of Gracchus; they were contented with inflicting pu- nishments on those who had been accessory to the late sedition, and with re-establishing such of the Nobles as had suffered by the violence of the popu- lar faction. Popilius Lænas, driven into exile by one of the edicts of Gracchus, or by the persecution to which it exposed him, was now recalled upon the motion of Calpurnius Piso, one of the Tribunes *. As the state of parties was in some measure re- versed, Papirius Carbo, who wished to be of the winning side, thought proper to withdraw from that he had espoused; and by the credit of those now in possession of the government, was promoted to the station of Consul, and yielded the first fruits of his conversion by defending the cause of his predecessor Opimius, who, at the expiration of his Consulate, was brought to trial for having put Roman citizens to death without the forms of law. Carbo, though himself U. C. 633. Publius Manlius, and C. Pa- pirius Car- bo. * Cicero in Bruto. 32 [c. XI. THE PROGRESS AND TERMINATION connected with those who suffered in that instance, now pleaded the justice and necessity of the late military executions; and, upon this plea, obtained the acquittal of his client. This merit on the part of Carbo, however, did not so far cancel his former offences as to prevent his being himself tried and condemned in the following year, as an accomplice in the sedition of Gracchus. He was supposed to have been accessory to the mur- der of Scipio; and his cause not being warmly es- poused by any party, he fell a sacrifice to the impu- tation of this heinous crime. It is said, that upon hearing his sentence pronounced, he killed himself*. Octavius, one of the Tribunes of the present year, moved an amendment of the law obtained by Gracchus, respecting the distribution of corn from the public granaries, proba- bly to ease the treasury in part of that burden; but the particulars are unknown. Lex Octa- via Fru- mentaria. About this time appeared in the assemblies of the people the celebrated Caius Marius. Born of ob- scure parents in the town of Arpinum, on the Li- ris t, and formed amidst the occupations of a pea- sant ‡, and the hardships of a legionary soldier, of rustic manners, but of a resolute spirit, and eager ambition. Without any other apparent title than that of being a denizen of Rome, he now laid claim to the honours of the State. He is remarkable for having suffered more repulses in his first attempts Valerius Max. lib. iii, c. 7. Cicero in Bruto. + The Garigliano. Juvenal. Sat. viii. Plin. lib. xxxiii, c. 11. 2 C. XI.] 33 OF THE ROMAN REPUBLIC. to be elected into office, and for having succeeded more frequently afterwards, than any other Roman citizen during the existence of the commonwealth. Lex Maria de Suffra- giis. Marius, after being disappointed in his first canvass for the office of Tribune, succeeded in the following year. The acts which were passed under his Tri- bunate, and which bear his name, do not carry any violent expressions of party-spirit, nor give intimation of that insatiate ambition with which he afterwards distressed his coun- try; the first related to the conduct of elections, and provided some remedy for an evil which was complained of in the manner of soliciting votes. The space between the rails, by which the citizens passed to give in their ballots, was so broad as to admit, not only those who came to vote, but the candidates also, with their adherents and friends, who came to importune and to overawe the people in the very act of giving their suffrage. Marius proposed to put an end to this practice, and to pro- vide for the entire uninfluenced freedom of election, by narrowing the entrance, so that only the voters could pass. A party of the Nobles, with Aurelius Cotta the Consul at their head, not knowing with what a resolute spirit they were about to contend, being averse to this reformation, prevailed on the Senate to withhold its assent, without which any re- gular question on this subject could not be put to the people. But Marius, in the character of Tri- bune, threatened the Consul with immediate impri- sonment, if he did not move the Senate to recall its vote. The matter being reconsidered, Lucius Metel- VOL. II. C 34 [C. XI. THE PROGRESS AND TERMINATION lus, who was first on the rolls, having given his voice for affirming the first decree, was ordered by Ma- rius into custody; and there being no Tribune to intercede for him, must have gone to prison, if the dispute had not terminated by the majority agree- ing to have the matter carried before the people, as Marius proposed, with the sanction of the Se- nate's authority. In another of the acts of Marius, the republic was still more indebted to his wisdom and courage, in withstanding an attempt of one of his colleagues to flatter the indigent citizens at the expense of the public treasury, by lowering the terms on which corn, in pursuance of an order recently obtained by Octavius, was distributed from the granaries. This was an ordinary expedient of tribunitian fac- tion. Marius opposed it as of dangerous conse- quence. And his conduct in this matter marked him out as one not to be awed by clamour, and a person who, into whatever party he should be ad- mitted, was destined to govern. The times indeed were likely to give more importance to his charac- ter as a soldier than as a citizen; and in that he was still farther raised above the censure of those who were inclined to revile or undervalue what were called his upstart pretensions *. From the time that the Romans first passed into the Transalpine Gaul, as auxiliaries to the republic of Marseilles, they had maintained in that neigh- bourhood a certain military establishment; and, by *Plutarch. in Mario. C. XI.] 35 OF THE ROMAN REPUBLIC. planting colonies at convenient stations, shewed their intention of retaining possessions on that side of the Alps. Betultus, or Betultich, a prince of the country, who was supposed to have a force at com- mand of two hundred thousand men, attempted to expel these intruders, but was defeated, first by the Proconsul Fabius, afterwards by Domitius Aheno- barbus, who found in their conflicts with this ene- my the occasion of their respective triumphs. This prince himself became a captive to Domitius, and was carried to Rome, where he was led in proces- sion, distinguished by his painted arms and his cha- riot of silver, the equipage in which it was said he usually led his army to battle *. U. C. 633. It appears that the Romans had availed themselves of their possessions in Africa to be sup- plied with elephants from thence, and these they employed in the first wars they made in Gaul for the victory of Domitius is attributed to the effect that was produced by these animals t. Quintus Marcius succeeded Domitius in the com- mand of the troops which were employed in Gaul, and continued to gain ground on the natives, who took arms from different cantons successively a- gainst him. He planted a colony at Narbo, to strengthen the frontier of the newly acquired pro- vince on one side; and, as the Romans had hi- therto always passed by sea into that country, he * Velleius Pater. Ammianus Marcel. lib. xv, fine, Pædianus in Verrinam Secundam. Val. Max. lib. V, c. 9. + Suetonius in vita Neronis. L C 2 36 [C. XI. THE PROGRESS AND TERMINATION endeavoured to open a passage by the Alps, in or- der to have a communication by land with Italy on the other. In the course of these operations, the Stæni, an Alpine nation that obstructed his march, was entirely cut off. About this time the Roman generals obtained their triumphs on different quarters, in the Baleares, and in Dalmatia, as well as in Gaul; and the repub- lic did not meet for some years with an enemy able to resist her power, except on the side of Thrace and the Ister or Danube, where a Proconsul of the name of Cato was defeated, and where a resistance was for some years kept up by the natives. But of the foreign affairs which now occupied the attention of the Romans, the most memorable was that which arose from the contest of pretenders to the crown of Numidia, which, by the death of Mi- cipsa, the son and successor of Massinissa, came to be disposed of about this time. The late king had two sons, Adherbal and Hiempsal. He had like- wise adopted Jugurtha, the natural son of his bro- ther Manastabal, whom he had employed at the head of his armies, thinking it safer to gain him by good offices, than to provoke him by a total exclusion from favour. This monarch had formed a project, frequent in barbarous times, but always ruinous, to divide his territories; and he hoped that, while he provided for his own sons, he should secure to them, from motives of gratitude, the protection and good offices of Jugurtha, whom he admitted to an equal share with them in the partition of his kingdom. The consequences of this mistaken arrangement 1 C. XI.] 37 OF THE ROMAN REPUBLIC. soon appeared in the distractions that followed, and which arose from the ambition of Jugurtha, who, not content with his part of the kingdom, aspired to make himself master of the whole. For this purpose he formed a secret design against the lives of both the brothers, of whom the younger, Hiempsal, fell into a snare which was laid for him, and was killed. Adherbal, being more cautious, obliged his crafty enemy to declare himself openly, took the field a- gainst him with all the forces he could raise, but was defeated, and obliged to take refuge in the Ro- man province, and from thence thought proper to pass into Italy, in order to lay his complaints before the Senate and people of Rome. Massinissa, the grandfather of this injured prince, had given effectual aid to the Romans in their wars with Carthage; and, upon the final reduction of that republic, was rewarded with a considerable part of its spoils. From this time forward the Romans ex- pected, and the kings of Numidia actually paid to them, a deference in the manner of a vassal or tri- butary prince to his sovereign lord. Upon the faith of this connection with Rome, Adherbal now car- ried his complaints to that city; and Jugurtha, knowing how ready the Romans were, in the cha- racter of arbitrators, to consider themselves as the sovereign among nations, thought proper to send a deputation on his own part, to counteract the repre- sentations of his rival. This crafty Numidian had served under Scipio at the siege of Numantia, where he had an opportuni- ty of observing the manners and discipline of the 38 [C. XI. THE PROGRESS AND TERMINATION He Romans, and accommodated himself to both. was equally distinguished by his implicit submission to command, as by his impetuous courage, and by the ability of his conduct in every emergence. He had even then probably directed his views to the succession which was likely to fall into weak or in- capable hands, and saw of what consequence the Romans might prove in deciding his fortunes. He had studied their character, and had already marked out the line he was to follow in conducting his af fairs with them. They appeared to be a number of sovereigns assembled together, able in council, and formidable in the field; but, in comparison to the Africans in general, open, undesigning and simple. With the pride of monarchs, they began, he imagi- ned, to feel the indigence of courtiers, and were to be moved by considerations of interest rather than force. His commissioners were now accordingly furnished with ample presents, and with the means of gratify- ing the principal persons at Rome in a manner that was suited to their respective ranks and to their in- fluence in the State. In the choice of this plan, Jugurtha, like most politicians that refine too much, had formed a sys- tem with great ingenuity, and spoke of it with a specious wit; but had not taken into his account the whole circumstances of the case in which he engaged. Rome, he used to say, was a city to be sold. But he forgot that, though many Romans could be bought, no treasure was sufficient to buy the republic; that to buy a few, made it necessary for him to buy many more; that as he raised expecta- C. XI.] 39 OF THE ROMAN REPUBLIC. tions, the number of expectants increased without limit; that the more he gave, the more he was still expected to give; that in a state which was broke into factions, if he gained one party by his gifts, that alone would be sufficient to rouse up another against him. And accordingly, after lavishing his money to influence the councils of Rome, he was obliged to have recourse to arms at last, and to con- tend with the forces of the republic, after he had exhausted his own treasure in attempting to corrupt her virtue. Although this adventurer had his abettors at Rome, such was the injustice of his cause, or the suspicion of treachery in those who espoused it, that they durst not openly avow their intentions. They endeavoured to suspend the resolutions which were in agitation against him, and had the matter referred to ten commissioners, who should go into Africa, and in presence of the parties settle the dif ferences which subsisted between them. There in- deed he was supposed to have practised his art on the Roman commissioners with better success than he had experienced with the Senate and people. He prevailed upon these commissioners to agree to a partition of the kingdom, and to favour him in the lot which should be assigned to himself: knowing that force must ultimately decide every controversy which might arise on the subject, he made choice, not of the richest, but of the most warlike division; and indeed, had already determined that, as soon as the Romans were gone from Africa, he should make an end of the contest by the death of Adherbal ; 40 [C. XI. THE PROGRESS AND TERMINATION trusting that, by continuing to use the specific which it was said he had already applied, he might prevail on the Romans to overlook what they would not, on a previous request, have permitted. He accordingly, soon after the departure of the Roman commissioners, marched into the territories of Adherbal, shut him up in the town of Cirta; and, while the Romans sent him repeated messages to desist, still continued the blockade, until the merce- naries of Adherbal, tired of the hardships they were made to endure, advised, and, by their appearing ready to desert, forced him to commit himself to the mercy of Jugurtha, by whom he was immediate- ly slain. By these events, in about seven years from the death of Micipsa, Jugurtha attained the object which he had so long desired; but the arts which procured him a crown, likewise rendered his state insecure. He was disappointed in his expectation to pacify the Romans. The money he dealt went into the pockets, only of a few, but his crimes roused the indignation of the whole people. Practised statesmen or poli- ticians are seldom directed in their conduct by mere feelings of injustice respecting wrongs of a private nature. They have, or affect to have, reasons of state to set the consideration of individuals aside. The greater part of the Roman Senate, accordingly, whether acting on maxims of policy, or, according to the scandal of the times, won by the presents of Jugurtha, received the complaints which were lodg- ed against him with indifference; but the assembly of the people, moved by the cries of perfidy and C. XI.] 41 OF THE ROMAN REPUBLIC. murder which were raised by the Tribunes, received the representations of his conduct with indignation and rage. These passions were inflamed by opposi- tion to the Nobles, who were supposed to favour the murderer. Neither the most deliberate States- man nor the most determined partisan of Jugurtha durst appear in his cause, nor propose to decline a war with that prince, although it was likely to be attended with considerable difficulties, and was to be undertaken at a time when a cloud hung over Italy itself on the side of Gaul, a quarter from which the Italians always expected, and often experienced, the most terrible storms. U. C. 627. About the time that Adherbal laid his complaints against Jugurtha before the Senate of Rome, a new enemy had appeared. The north of Europe, or of Asia, had cast off a swarm of its people, which, spreading to the south and to the west, was first descried by the Romans on the fron- tier of Illyricum, and presently drew their attention to that side. The horde thus in motion was said to consist of three hundred thousand fighting men, ac- companied by their families of women and children, and covering the plains with their cattle. The Con- sul Papirius Carbo was ordered to take post in Illy- ricum, to observe the motions of this tremendous host. Alarmed by their seeming to point towards the district of Aquileia, he put himself, with too little precaution, in their way; and, unable to with- stand their numbers, was overwhelmed as by a tem- pest. 42 [c. XI. THE PROGRESS AND TERMINATION This migrating nation the Romans have called by the name of Cimbri, without determining from whence they came. It is said that their cavalry amounted to no more than fifteen thousand; that it was their practice to despise horses, as well as the other spoils of an enemy, which they generally de- stroyed and from this circumstance it may be ar- gued, that they were not of Scythian extraction, nor sprung from those mighty plains in the northern parts of Asia, where military force has from time immemorial consisted of cavalry, and where the ani- mal they mounted was valued above every other species of acquisition or property; and that they must have been bred rather amongst mountains and woods, where the horse is not of equal service. On their helmets, which were crested with plumes, they carried the gaping jaws of wild beasts. On their bodies they wore breastplates of iron, had shields painted of a conspicuous colour, and carried two missile javelins or darts, and a heavy sword. They collected their fighting men, for the most part, into a solid column, equally extending every way: in one of their battles, it was reported, that the sides of this square extended thirty stadia, or between three and four miles. The men of the foremost ranks were fastened together with chains locked to their girdles, which made them impenetrable to every attack, and gave them the force of a torrent, in sweeping obstructions before them. Such were the accounts, whether well or ill founded, with which the Romans were alarmed on the approach of this tremendous enemy. C, XI.] 43 OF THE ROMAN REPUBLIC. U. C. 642. Pub. Cor- nelius Sci- L. Calpur- Although, by the defeat of Carbo, Italy lay open to their devastations, yet they turned away to the north and to the westward, and keeping the Alps on their left, made their appearance again in the neigh- bourhood of Narbonne, or province of Transalpine Gaul, and from thence passed over the Pyrenees, alarming the Roman settlements in Spain, and keep- ing Rome itself in suspense, by the uncertainty of the tract they might afterwards choose to pursue. Such was the state of affairs when the popular cry and generous indignation of the Roman people forced the State into a war with pio Nasica. Jugurtha. The necessary levies and sup- plies for this service were ordered. The Consul Piso was destined to command, and Jugurtha could no longer doubt that the force of the Roman republic was to be employed against himself; yet in hopes to avert the storm, and rely- ing on the arts he had formerly practised, which were said to consist in the distribution of presents and money, he sent his own son, with two proper assistants, in quality of ambassadors to Rome. As soon as their arrival was announced to the Senate, a resolution of this body passed, that unless they brought an offer from Jugurtha to surrender his per- son and his kingdom at discretion, they should be required in ten days to be gone from Italy. nius Piso, Bestia. This resolution being made known to the son of Jugurtha, he presently withdrew, and was soon fol- lowed by a Roman army, which had been already prepared to embark for Africa. The war was con- ducted at first with great vivacity and success but 41 [C. XI. THE PROGRESS AND TERMINATION Jugurtha, by offering great public concessions or private gratifications, prevailed on the Consul to ne- gociate. It was agreed, that upon receiving a pro- per hostage on the part of the Romans, the king himself should repair to their camp, in order to con- clude the treaty. In the articles which were made public, the king agreed to surrender himself at dis- cretion, and to pay a large contribution in horses, corn, elephants, and money; but in secret articles, which were drawn up at the same time, the Consul engaged that the person of the king should be safe, and that the kingdom of Numidia should be secured to him. During these transactions the time of the expira- tion of Piso's command drew near, and he himself was called into Italy to preside at the approaching elections. His report of the treaty with Jugurtha was received with suspicion, and the cry of corrup- tion resumed by the popular party. "Where is "this captive ?" said the Tribune Memmius; "if "he have surrendered himself, he will obey your "commands; send for him; question him in re- (C CC spect to what is past. If he refuse to come, we "shall know what to think of a treaty which brings impunity to Jugurtha, princely fortunes to a few private persons, mortification and infamy to the "Roman Republic." Upon this motion the Prætor Cassius Longinus, a person of approved merit and unshaken integrity, was hastened into Africa, with positive instructions to bring the king of Numidia to Rome. By the safe-conduct which Cassius brought on the part of the republic, and by his own assuran- C. XI.] 4.5 OF THE ROMAN REPUBLIC. ces of protection, Jugurtha was prevailed on to com- mit himself to the faith of the Romans. He accord- ingly laid aside his kingly state, dismissed his atten- dants, and set out for Italy, determined to appear as a suppliant at Rome. Upon his arrival, being called into the public assembly, Memmius proposed to interrogate him on the subject of his supposed se- cret transaction with certain members of the Senate; but here Bebeius, another of the Tribunes, interpo- sed his negative; and, notwithstanding that the people exclaimed, and even menaced, this Tribune persisted. And before this obstruction to the fur- ther examination of Jugurtha could be removed, an incident took place, which occasioned his sudden departure from Italy. Massiva, the son of Gulussa, being the grandson and natural representative of Massinissa, and the only person beside Jugurtha who remained of the royal line of Numidia, had been persuaded by Al- binus, the Consul elected for the ensuing year, to state his own pretensions before the Roman Senate, and to lay claim to the crown. Jugurtha, though at Rome, and in the power of those who were likely to resent any insult that was offered to their go- vernment, gave a specimen of the bold and san- guinary counsels to which he was inclined, employ- ing against his competitor the ordinary arts of an African court, had him assassinated. The crime was traced to its author, but the safe-conduct he had received could not be violated; and he was only commanded without delay to depart from Italy. On this occasion he left Rome with that memorable 46 [c. XI. THE PROGRESS AND TERMINATION saying, "Here is a city to be sold, if any buyer can "be found.” cius Rufus, mius Albi- nus. The Consul Albinus soon followed Jugurtha, to U. C. 645. take the command of the Roman army in M. Minu- Africa; and being eager to perform some and Postu- notable action before the expiration of his year, which was fast approaching, he press- ed on the king of Numidia with all the forces he could assemble in the province, but found that he had to do with an enemy who had the art to elude his impetuosity, and from whose apparent conduct no judgment could be formed of his real designs. This artful warrior often advanced with a seeming intention to hazard a battle, when he was most re- solved to decline it; or he himself precipitantly fled, when his design was to rally and take advantage of any disorder his enemy might incur in a too eager pursuit. His offers of submission, or his threats, were equally fallacious; and he used, perhaps in common with other African princes, means to mis- lead his antagonist, which Europeans, ancient as well as modern, have in general condemned. He made solemn capitulations and treaties with a view to break them, and considered breach of faith no more than a feint or an ambush, as a stratagem li- censed in war. The Europeans have always termed it perfidy to violate the faith of a treaty, the Africans held it stupidity to be caught in the snare. By the artifices of Jugurtha accordingly, or by the remissness of those who were opposed to him, the war was protracted for another year, and the Con- sul, as the time of election drew near, was recalled, C. XI.] 47 OF THE ROMAN REPUBLIC. as usual, to preside in the choice of his successor. At his arrival the city was in great agitation. The cry of corruption, which had been raised against many of the Nobles, on account of their supposed correspondence with Jugurtha, gave an advantage to the popular party, and they determined to im- prove it, by raising prosecutions to the ruin of per- sons, either odious to the people, or obnoxious to the Equestrian order, who then had the power of ju- dicature in their hands *. Three inquisitors were accordingly named by special commission to take cognisance of all complaints of corruption that should be brought before them; and this commis- sion was instantly employed to harass the Nobility, and to revenge the blood which had been shed in the late popular tumults. Lucius Calpurnius Piso, Bes- tia, C. Cato, Spurius Albinus, and L. Opimius, all of consular dignity, fell a sacrifice on this occasion to the popular resentment. The Tribune Mamilius, upon whose motion this tribunal had been erected, with his associates, apprehending that, upon the ex- piration of their trust, the heat of the prosecutions might abate, moved the people that they might be continued in their office; and, upon finding them- selves opposed by the influence of the Senate and the ordinary magistrates, they suspended, by virtue of their tribunitian prerogative, the election of Con- suls, and for a whole year kept the republic in a state of absolute anarchy. * Cicero de Claris Oratoribus. Sallust. in Bell. Jugurth. 48 [C. XI. THE PROGRESS AND TERMINATION In this interval, Aulus Albinus, who had been left by his brother, the late Consul, in the command of the army in Africa, determined to improve the occa- sion by some memorable action. He left his quar- ters in the winter, and marched far into the country, hoping that by force or surprise he might possess himself of the Numidian treasures and military stores. Jugurtha encouraged him in this design, affected fear, retired with precipitation wherever the Ro- mans presented themselves; and to increase the presumption of their general, sent frequent messages to implore his pity. He at the same time endeavoured to open a cor- respondence with Thracians and other irregulars, by whom the Roman army was attended. Some of these he corrupted; and, when he had drawn his enemy into a difficult situation, and prepared his plan for execution, he suddenly advanced in the night; and the avenues to the Roman station being occupied, as he expected, by the Thracians and Li- gurians whom he had corrupted, and by whom he was suffered to pass, he surprised the legions in their camp, and drove them from thence in great confu- sion to a neighbouring height, where they enjoyed, during the night, some respite from the attacks of the enemy; but without any resource for subsis- tence, or hopes of recovering their baggage. In the morning Jugurtha desired to confer with the Prætor; and representing how much the Ro- mans, deprived of their provision and equipage, were then in his power, made a merit of offering them quarter, on condition that they would con- C. XI.] 49 OF THE ROMAN REPUBLIC. clude a treaty of peace, and in ten days evacuate his kingdom. These terms were accordingly accepted; but the capitulation, when known at Rome, gave occasion to much indignation and clamour. It was voted by the Senate not to be binding, and the Consul Albi- nus, in order to repair the loss of the public, and to restore the credit of his own family, made hasty le- vies, with which he proposed to renew the war in Numidia. But not having the consent of the Tri- bunes to this measure, he was obliged to leave his forces behind him in Italy, and joined the army in person without being able to bring any reinforce- ment. He found it in no condition to face the ene- my, and was contented to remain inactive until a successor should be named in the province. Resentment of the disgraces incurred in Numidia, U. C. 644. Q. Cæcilius Metellus Numidicus, M. Junius Silanus. and fear of invasion from the Cimbri, who, having traversed Spain and Gaul, were still on their march, appear to have calmed for a little time the animosity of domestic fac- tions at Rome. The consular elections were suffer- ed to proceed and the choice of the people falling on Quintus Cæcilius Metellus and M. Junius Sila- nus, the first was appointed to the command of the army in Numidia, the second to observe the motions of the Cimbri on the frontiers of Gaul, and to turn them aside, if possible, from the territory of Rome. About this time those wandering nations had sent a formal message to the Romans, desiring to have it VOL. II, D 50 [c. XI. THE PROGRESS AND TERMINATION understood on what lands they might settle*, or ra- ther, over what lands they might pass, in migration with their families and herds. No return being made to this application by the Senate, they conti- nued to wander, and opening their passage by force, overcame in battle the Consul Silanus, and, proba- bly without intending to retain any conquest, pass- ed on their way wherever the aspect of the country tempted their choice. Metellus proceeded to Africa with a considerable reinforcement; and, having spent some time in-re- storing the discipline of the army which had been greatly neglected, and in training his new levies to the duties and hardships of the service, he directed his march to the enemy's country, and in his way had frequent messages from the king of Numidia, with professions of submission and of a pacific dis- position: So much, that when the Roman army en- tered on the territory of this prince, they found the country every where prepared to receive them in a friendly manner; the people in tranquillity, the gates of every city left open, and the markets ready to supply them with necessaries. These appearances, with the known character of Jugurtha, creating distrust, only excited the vigi- lance of Metellus. They even provoked him to re- tort on the Numidian his own insidious arts. He accordingly tampered with Bomilcar and the other messengers of Jugurtha to betray their master, and promised them great rewards if they would deliver Florus, lib. iii. Liv. lib. lxv. C. XI.] 51 OF THE ROMAN REPUBLIC. this offender into the hands of the Romans either living or dead. Jugurtha, not considering that his own character for falsehood must have destroyed the credit of all his own professions, even if he should at any time think proper to make them sincere, and trusting to the effect of his submissive messages in rendering the enemy secure, made a disposition to profit by any errors they should commit, and hoped to cir- cumvent and destroy them on their march. For this purpose he waited for them on the descents of a high mountain, over which they were to pass in their way to the Muthul, a river which helped to form the situation of which he was to avail himself. He accordingly lay concealed by its banks until the enemy actually fell into the snare he had laid for them. And although the effect was not answerable to his hopes, he maintained, during the greater part of a day, with the advantage of ground and of num- bers, a contest with troops who possessed, against his irregulars, a great superiority of order, discipline, and courage; but not having found the Romans, as he expected, in any degree off their guard, he was, in the event of that day's action, obliged to depart with a few horse to a remote or interior part of his kingdom. This victory obtained over Jugurtha, appeared to be an end of the war. His army was dispersed, and he was left with a few horsemen, who attended his person, to find a place of retreat, or to choose a new station at which to re-assemble his forces, if he meant to continue the war. D 2 52 [C. XI. THE PROGRESS AND TERMINATION The Numidians were inured to action. The fre- quent wars of that continent, the wild and unsettled state of their own country, made the use of horses and of arms familiar to them: but so void was the nation of military policy, and its people so unaccus- tomed to any permanent order, that it was scarcely possible for the king to fight two battles with the same army. If victorious, they withdrew with their plunder; if defeated, they supposed all military ob- ligations at an end; and in either case, after an ac- tion, every one fled where he expected to be soonest in safety, or most at liberty to avail himself of the spoil he had gained. Metellus, after the late engagement, finding no enemy in the field, was for some time uncertain to what part of the kingdom Jugurtha had directed his flight. But having intelligence that he was in a new situation assembling an army, and likely to form one still more numerous than any he had yet brought into the field, tired of pursuing an enemy on whom defeats had so little effect, he turned away to the richer and more cultivated parts of the kingdom. Here the plunder of the country might better repay his labour, and the king, if he ventured to defend his own territory, might more sensibly feel his de- feats. Jugurtha perceiving this intention of the Ro- man general, drew the forces he had assembled to- wards the same quarter, and soon appeared in his rear. While Metellus was endeavouring to force the city of Zama, Jugurtha assaulted his camp, and, though repulsed from thence, took a post, by which C. XI.] 53 OF THE ROMAN REPUBLIC. he made the situation of the Romans between the town on one side, and the Numidian army on the other, so uneasy, as to oblige them to raise the siege. This the Numidian prince thought a proper op- portunity to gain some credit to his pacific profes- sions. He made an offer accordingly to surrender at discretion, and actually delivered up great part of his arms and military stores; but this purpose, if ever sincere, he soon retracted, and again had recourse to arms. U. C. 645. Servius Sulpicius Galba, Q. The victory which had been obtained in Africa flattered the vanity of the Roman people, and procured to Metellus, in the quality of Proconsul, a continuation of his former command. The troops he had posted in Vacca being cut off by the inhabitants, he Hortensius Nepos, Marcus Aurelius Scaurus. made hasty marches in the night, surprised the place, and, without having allowed the authors of that outrage more than two days to enjoy the fruits of their perfidy, amply revenged the wrong they had done to the Roman garrison. But the success of Metellus did not hasten the ruin of Jugurtha so much as his own misconduct, in the jealous and sanguinary measures which he now took to suppress plots and conspiracies either real or supposed to be formed against his life by persons the most in his confidence. Bomilcar, still carrying in his mind the offers which had been made to him by Metellus, and will- ing to have some merit with the Romans, into whose hands he and all the subjects of Jugurtha were like- ly soon to fall, formed a design against his master, 54 [C. XI. THE PROGRESS AND TERMINATION the Numi- They were and drew Nabdalsa, a principal officer in dian armies, to take part in the plot. discovered in time to prevent the execution of their design, but they made Jugurtha from thenceforward consider the camp of his own army as a place of danger to himself, rendered him distrustful, timorous, and unquiet; frequently changing his company and his quarters, his guards and his bed. Under these apprehensions, by which his mind was considerably disordered and weakened, he endeavoured, by con- tinual and rapid motions, to make it uncertain where he should be found; and he experienced at last, that private assassination and breach of faith, although they appear to abridge the toils of ambition, are not expedient even in war; that they render human life itself, for the advantages of which war is undertaken, no longer eligible or worthy of being preserved. Weary of his anxious state, he ventured once more to face Metellus in the field, and being again defeat- ed, fled to Thala, where he had left his children and the most valuable part of his treasure. This city too, finding Metellus had followed him, he was obliged to abandon, and, with his children and his remain- ing effects, fled from Numidia, first to the country of the Getuli, barbarous nations that lived among the mountains of Atlas south of Numidia, and whom he endeavoured to arm in his cause. From thence he fled to Bocchus king of Mauritania, whose daughter he had married; and having persuaded this prince to consider his quarrel with the Romans as the com- mon cause of all monarchies, who were likely in suc- cession to become the prey of this arrogant and in- C. XI.] 55 OF THE ROMAN REPUBLIC. satiable power, he prevailed on the king of Mauri- tania to assemble an army, and to attempt the re- lief of Numidia. Jugurtha, in conjunction with his new ally, di- rected his march to Cirta, and the Roman general perceiving his intention, took post to cover that place. But while he was endeavouring, by threats or persuasions, to detach the king of Mauritania from Jugurtha, he received information from Rome, that he himself was superseded in the command of the army; and from thenceforward, under pretence of messages and negotiations that were passing be- tween the parties, protracted the war, and possibly inclined to leave it with all its difficulties entire to his successor. His dismission was the more galling to himself, that it was obtained in favour of Caius Marius, who, having served under him in this war, had with great difficulty, and not without some ex- pression of scorn on the part of his general, obtained leave to depart for Rome, where he meant to stand for the Consulship. He accordingly appeared in the capacity of candidate for this honour, and by vaunt- ing, instead of concealing, the obscurity of his birth by inveighing against the whole order of Nobility, their dress, their city manners, their Greek learning, their family images, the stress they laid on the virtue of their ancestors to compensate the want of it in themselves, but more especially by arraigning the dilatory conduct of Metellus, and by promising a speedy issue to the war, if it should be intrusted to himself, a promise, to which the force and ability he had shewn in all the stations he had hitherto fill- 1 56 [C. XI. THE PROGRESS AND TERMINATION ed, procured him much credit; he so far won upon the people, that, in opposition to the interest of the Nobles, and to the influence of all the leading men of the Senate, he prevailed in the election. His promotion was in a particular manner offensive to Metellus, whose reputation he had attacked, and to whom, by an express order of the people, in con- tempt of a different arrangement made by the Senate, he was now to succeed. U. C. 646. L. Cassius Longinus, C. Marius. Upon the nomination of Marius, the party who had opposed his preferment did not at- tempt to withhold the reinforcements which he asked for the service in which he was to command. They even hoped to increase his difficulties, by suffering him to augment the mi- litary establishment of his province. The wealthier or more respectable class of the people alone were yet admitted into the legions; and being averse to such distant services, were likely to conceive a dis- like to the persons by whom they were dragged from home. Marius, therefore, in making his levies, his opponents supposed, might lose some part of the popular favour which he now enjoyed, and be- come less formidable to his rivals in the state. But this crafty and daring adventurer, by slighting the laws which excluded the necessitous citizens from serving in the legions, found in this class of the people a numerous and willing recruit. They crowded to his standard, and filled up his army with- out delay, and even without offence to those of a better condition, who were pleased with the relief they obtained from this part of their public burdens. c. x1.] 57 OF THE ROMAN REPublic. This circumstance is quoted as a remarkable and dangerous innovation in the Roman State, and is frequently mentioned among the steps which hasten- ed its ruin. The example, no doubt, with its conse- quences, may instruct nations to distinguish the mi- litary operations required at a distance, from the more important object of preservation and home-de- fence; so that in declining the distant service, the more respectable orders of the people may not think it necessary to abandon themselves to depredation at home. In the first ages of Rome, the citizens in political convention were styled the Army of their Country, and such in every age is the army in whose hands the freedom of nations is secure. From the date of these levies at Rome, the sword began to pass from the hands of those who were interested in the preservation of the republic, into the hands of others who were willing to make it a prey. The cir- .cumstances of the times were such, indeed, as to give warning of the change. The service of a legionary soldier abroad, was become too severe for those of the people who could live at their ease, and it now opened to the necessitous a principal road to profit as well as honour. Marius, to facilitate his levies, was willing to gratify both; and thus gave beginning to the formation of armies who were ready to fight for or against the laws of their country, and who, in the sequel, substituted battles in the streets of Rome, for the bloodless contests which, in the early ages of Rome, had arisen from the divisions of party. The new Consul, unrivalled in the favour of the people, obtained whatever he required; and, being 1 58 THE PROGRESS AND TERMINATION [c. XI. completely provided for the service to which he was destined, embarked for Africa, and, with a great re- inforcement, in a few days arrived at Utica. Upon his arrival, the operations of the war were resumed, and carried into the wealthiest provinces of Numi- dia, where he encouraged his army with the hopes of spoil. The new levies, though composed of persons hitherto untrained, and even excluded from the mi- litary service, were formed by the example of the legions already in the field, and who were now well apprised of their own superiority to the African ar- mies. Bocchus and Jugurtha, upon the approach of this enemy, thought proper to separate, and took different routes into places of safety in the more dif ficult and inaccessible parts of the country. This separation was made at the suggestion of Ju- gurtha, who alleged, that, upon their appearing to despair, and to discontinue all offensive operations, the Roman general would become more secure, and more open to surprise. But Marius, without aba- ting his vigilance, pressed where the enemy gave way, overran the country, and took possession of the towns they had left. To rival the glory which Metellus had gained in the reduction of Thala, he ventured on a like enterprise, in the face of similar difficulties, by attacking Thapsa, a place surround- ed with desarts, and in the midst of a land destitute of water, and of every resource for an army. Ha- ving succeeded in this design, he ventured, in his return, to attack another fortress, in which, the place being supposed impregnable, the royal treasures were lodged. This stronghold was placed on a 1 C. XI.] 59 OF THE ROMAN REPUBLIC. rock, which was every where, except at one path that was fortified with ramparts and towers, faced with steep and inaccessible cliffs. The garrison permitted the first approaches of the Romans with perfect security, and even derision. After some fruitless attacks, Marius, under some imputation of folly in having made the attempt, was about to de- sist from the enterprise, when a Ligurian, who had been used to pick snails on the cliffs over which this fortress was situated, found himself, in search of his prey, and by the growing facility of the ascent, led to a height from which he began to have hopes of reaching the summit. He accordingly surmounted all the difficulties in his way; and the garrison be- ing then intent on the opposite side of the fortress to which the attack was directed, he returned unob- served. This intelligence he carried to Marius, and undertook to be the guide of a detachment of chosen men, with an unusual number of trumpets and in- struments of alarm, who were ordered to follow his directions. Marius himself, to divert the attention of the besieged, and, on receiving a signal agreed upon from within, to be ready to make a vigorous and decisive assault, advanced to the walls. The Ligurian proceeded, though with much difficulty, to fulfil the expectations he had given. The soldiers who followed him were obliged to untie their san- dals and their helmets, to sling their shields and their swords, and, at difficult parts of the rock, could not be persuaded to advance until their guide had re- peatedly passed and repassed in their sight, or had found stumps and points of the stone at which they 60 [C. XI. THE PROGRESS AND TERMINATION could fasten ropes to aid their ascent. The summit was to be gained at last by climbing a tree, which, being rooted in a clift of the rock, grew up to the edge of the precipice. By the trunk of this tree the whole party passed, and, being as high as its branches could carry them, landed at last on the summit. They instantly sounded their trumpets, and gave a sudden alarm. The besieged, who had been drawn to an opposite part of the walls to resist the enemy who there menaced an attack, were astonished with this sound in their rear, and soon after, greatly ter- rified with the confused flight from behind them of women, children, and men unarmed, and being at the same time vigorously pressed at their gates, were no longer able to resist, suffered the Romans to force their way at this entrance, and in the end to become masters of the fort. While Marius was engaged in the siege of this place, he was joined by the Quæstor Sylla, who had been left in Italy to bring up the cavalry, which were not ready to embark at the departure of the Consul. This young man was a Patrician, but of a family which had not, for some generations, borne any of the higher offices of state. He himself par- took in the learning which then spread into Italy, from a communication with the Greeks, and had passed the early part of his life in town-dissipation or in literary studies, of which the last, though coming into fashion at this time at Rome, was con- sidered as a species of corruption almost equal to the first. He was yet a novice in war, but having an enterprising genius, soon became an object of re- C. XI.] 61 OF THE ROMAN REPUBLIC. spect to the soldiers, and of jealousy to his general, with whom he now laid the foundation of a quarrel still more fatal to the commonwealth than that which had subsisted between the present and preceding commander in this service. The king of Numidia, stung by the sense of what he had already lost, and expecting no advantage from any further delays, determined, in conjunction with his ally, to make a vigorous effort, and to oblige Marius, who was then moving towards his winter- quarters, yet to hazard a battle for the preservation of what he had acquired in the preceding campaign. The king of Mauritania, upon the late events of the war, had been inclined to return to his neutrality, or to enter on a separate treaty with the Romans; but being promised a third part of the kingdom of Numidia, in case the enemy were expelled from thence, or if the war should be otherwise brought to a happy conclusion, he once more advanced with his army, and joined Jugurtha. The prosperous state of the Romans, undisturbed for some time by any opposition from an enemy in the field, inspired them with some degree of negli- gence or security, by which they were exposed to surprise. Near the close of a careless march, and about an hour before the setting of the sun, they found themselves entering among scattered parties, who, without any settled order, increased in their numbers, occupied the fields through which the Ro- mans were to pass, and seemed to intend, by assail- ing them on every side, to begin the night with a scene of confusion, of which they might afterwards 62 [C. XI. THE PROGRESS AND TERMINATION more effectually avail themselves in the dark. In an action begun under these disadvantages, Jugurtha flattered himself, that the Roman army might be entirely defeated, or, in a country with which they were not acquainted, and in circumstances for which they were not at all prepared, being unable to effect a retreat, be obliged to surrender at discretion. The king, with his usual intrepidity and conduct, profited by every circumstance which presented it- self in his favour. He brought the troops of which his army was composed, whether Getulians or Nu- midians, horse or foot, to harass the enemy in their different ways of fighting, and wherever they could most easily make their attacks. Where a party was repulsed, he took care to replace it; and sometimes affected to remit his ardour, or to flee with every appearance of panic, in order to tempt the Romans to break from their ranks. Marius, notwithstanding, with great dexterity and presence of mind, main- tained the form of his march; and, before night, got possession of some heights on which he could rest with safety. He himself, with the infantry, chose that which had the steepest ascent, and order- ed Sylla, with the cavalry, to take his post on a smaller and more accessible eminence below. That his position might not be known to the enemy, he prohibited the lighting of fires, and the usual sounding of trumpets at the different watches of the night. The Numidians had halted on the plain where night overtook them, and were observed, at break of day, reposing in great security, and with- out any seeming apprehension of danger from an C. XI.] 63 OF THE ROMAN REPUBLIC. enemy, who was supposed to be flying, and who, on the preceding day, had, with some difficulty, es- caped from their hands. In this situation, Marius resolved to attack them, and gave orders, which were passed through the ranks, that, at a general sound of the trumpets, every man should stand to his arms, and with a great shout, and beating on his shield, make an impetuous assault on the enemy. The design, accordingly, succeeded. The Numi- dians, who on former occasions had often affected to flee, were driven into an actual rout. Great num- bers fell in the flight, and many ensigns and tro- phies were taken. After this victory, Marius, with his usual precau- tions, and though it might be supposed that the enemy were dispersed, without remitting his vigi- lance, directed his march to the towns on the coast, where he intended to fix his quarters for the winter. Jugurtha, well apprized of his route, proposed again to surprise him before he should reach the end of his journey; and, for this purpose, avoided giving him any premature or unnecessary cause of alarm. He deferred his attack until the Roman army was arrived in the neighbourhood of Cirta, supposed to be the end of their labours, and near to which it was probable they would think themselves secure from any further attempts of their enemy. In the execu- tion of this design, he, with the greatest ability, con- ducted his troops to the place of action, and there too made every effort of conduct and resolution. But the match being unequal, he was obliged to give up the contest; and, with his sword and his ar- 61 [C. XI. THE PROGRESS AND TERMINATION mour all bathed in blood, and almost alone, is said to have left a field, in which, for the first time, he had taken no precautions for re-assembling an army, and on which his Numidians were accordingly rout- ed, in appearance, to rally no more. U. C. 647. Seranus, Quintus Servilius Catico. Upon these repeated defeats, Bocchus despaired of the fortunes of Jugurtha, and sent a de- C. Attilius putation to Marius, requesting a confer- ence with himself, or with some of his of ficers. He obtained an interview with Sylla and Manlius; but, upon their arrival, had taken no fixed resolution, and was still kept in suspense, by the persuasion of those of his court who favoured the interest of Jugurtha. Marius, being continued in his command, resumed the ope- rations of the war, and was about to attack the only place which yet remained in the hands of the ene- my; when the king of Mauritania, alarmed by this circumstance, took his resolution to sue for peace. He sent a deputation of five chosen persons, first to the quarters of Marius, and, with this general's per- mission, ordered them to proceed from thence to Rome. These deputies being admitted into the Se- nate, made offers of friendship in the name of their master; but were informed, in return, that he must give proofs of his friendly disposition to the Romans, before they could rely on his professions, or listen to any terms of peace. When this answer was re- ported to Bocchus, he was not at a loss to under- stand that the Romans wished him to deliver up the king of Numidia into their hands; and seems to have conceived the design of purchasing peace, even on 2 C. XI.] 65 OF THE ROMAN REPUBLIC. these terms. Sylla being already personally known to him, he made choice of this officer, as the person with whom he would treat, and desired he might be sent to his quarters. The Roman Quæstor accord- ingly set out with a small party. On the way he was met by Volux, the son of the king of Maurita- nia, with a thousand horse: him he considered as of doubtful intention, whether destined to act as a friend or an enemy; but coming with professions of friendship from the king his father, and with or- ders to escort the Roman Quæstor, they proceeded together. On the second day after this junction, Volux came in haste to the quarters of Sylla, and informed him, that the advanced party had discover- ed Jugurtha posted on their route, with numbers through which they might not be able to force their way, and earnestly pressed the Roman officer to en- deavour his own escape in the night. Sylla could no longer disguise his suspicions, and, sensible that he had imprudently, without hostage or other security, ventured too far on the faith of an African prince, proudly refused to alter his march; desired that the Mauritanian prince, if he thought proper, should depart; but informing him, at the same time, that the Roman people would know how to avenge so public an insult, and would not fail to punish the perfidy of the King his father. Volux, in return, made strong protestations of innocence; and as the Roman Quæstor could not be prevailed on to save himself by flight, this prince insisted to remain, and to share in his danger. They accord- ingly kept on their way, passed in the view of Ju- VOL. II. E 66 [c. xr. C. THE PROGRESS AND TERMINATION gurtha with his party, who, though disposed to offer violence to the Romans, had yet some measures to preserve with the king of Mauritania, whose son was in company; and thus while, contrary to his usual character, he remained undecided, the prey escaped him, or got out of his reach. Jugurtha sent persons of confidence immediately to counteract the negotiations of Sylla at the court of Bocchus; and each of these parties solicited the king of Mauritania to betray the other. The Nu- midians endeavoured to persuade him, that, with such an hostage as Sylla in his hands, he might still expect some honourable terms from the Romans; and Sylla, on the other part, represented, that, as the king of Mauritania had offended the Romans, by abetting the crimes of Jugurtha, he must now expiate his guilt by delivering him over to justice. It was the inclination of this prince to favour his Numidian ally; but it was his interest, as well as his intention, to gain the Romans. While he was still in suspense, he gave equal encouragement to both parties; and, without being finally determined what he should do, appointed the Roman Quæstor and the King of Numidia to meet him without any escort, or number of men in arms on either side, reserving, for himself, to the last moment, the power of deter- mining against the one or the other. By the time, however, that the parties were met, he had taken his resolution, had placed a body of his own troops in ambush, and, before any conference took place, gave a signal, which his men understood to be for seizing Jugurtha. The Numidians, who attended their C. XI.] 67 OF THE ROMAN REPUBLIC. king, were slain; he himself was put in chains, and delivered up to the Roman Quæstor. Sylla, with the exultation of a successful hunter, received this lion in his toils; and, though he lived to perform much greater actions, still appears to have valued himself most on the event of this transaction. He boasted so much of his prize, that he became, from that moment, an object of jealousy to Marius, and was considered as a person advancing too fast in the same career of renown *. It was understood among the Romans, that the commander-in-chief, upon any service, in any division or province of the empire, enjoyed the triumph for victories gained, even in his own absence, by his lieutenants, or by those who served under his command; and Marius probably thought that Sylla took more to himself than was due upon this occasion. The desire of being the person who put the finishing hand to any matter of great public concern, however accomplished, was not peculiar to these officers. It was an effect of the Roman policy in making the rewards of, dis- tinction depend so much on events, without re- gard to the means which were employed to produce them: A circumstance, from which the citizens of this republic were as desirous of having the reputa- tion of successful adventures affixed to their names, as courtiers in modern Europe are desirous of titles, or covet badges of honour and marks of their sove- reign's favour. The war being thus at an end, Marius appointed * Plutarch, in Mario et in Sylla. E 2 68 [C. XI. THE PROGRESS AND TERMINATION a thanksgiving; and, while he was offering the cus- tomary sacrifices, the news arrived from Rome that the people had dispensed with the law in his favour, and again had elected him Consul for the following year. This choice was determined by the great a- larm which the Romans had taken on the approach of the barbarous nations, who, like a meteor, had, for some years, traversed the regions of Europe, and, with uncertain direction, were said to destroy where- ever they moved. The Romans had repeatedly stood in their way, and had provoked a resentment, which these barbarians were supposed, in haste, to wreak upon Italy. They were at first heard of under the name only of Cimbri; but were now known to con- sist of many nations, under the appellations of Am- brones, Teutones, Tectosagi, and others; and had gained accessions of force by the junction of the Ti- gurini, and other Gaulish nations, who, either by choice or compulsion, were made a part in this mighty host, whose movements the Romans consi- dered as now chiefly directed against themselves. Rufus, Cn. Mallius. Besides the armies commanded by the Consuls Car- U. C. 648. bo and Silanus, which had fallen victims to P. Rutilius this barbarous enemy, other considerable bodies, under Scaurus and Cassius, had pe- rished by their hands; and other misfortunes from the same quarter were coming apace. At the time that Marius had finished the war with Jugurtha, Quintus Servius Cæpio, having the former year com- manded in Gaul, where he destroyed or pillaged the city of Tolosa, and made a great booty, consisting, according to Justin, of one hundred thousand pounds C. XI.] 69 OF THE ROMAN Republic. weight of gold, and one million five hundred thousand pounds weight of silver, was now, in his turn, to meet with this torrent of wandering nations; the Consul Mallius or Manilius had orders to join him; and all the troops they could assemble were but too few to withstand such an enemy. These generals united their forces on the Rhône, but without a proper dis- position to act in concert; they were accordingly de- feated in battle; eighty thousand Romans, amongst whom were the two sons of the Consul Manilius, were killed in the action; forty thousand attendants of the army were massacred in cold blood. Both camps were taken. After this victory, the lords of the Cimbri, being assembled in council, called before them Aurelius Scaurus, formerly a Roman Consul, lately second in command over one of their vanquished armies, and now a prisoner. They questioned him with respect to the forces in Italy, and the route to be taken across the Alps: To these questions he made an- swer, That it would be in vain for them to invade that country that the Romans, on their own terri- tory, were invincible. And, in return to these words, it is said, that a barbarian struck the prison- er with his dagger to the heart. It is further said of this barbarous council, that they came to a reso- lution to spare no prisoners, to destroy the spoils of the slain, to cast all the treasures of gold and silver into the nearest river, to destroy all horses with their saddles and furniture, and to save no booty whatever. It must be confessed, that in this, their resolutions were guided by a policy well accommodated to the 70 [C. XI. THE PROGRESS AND TERMINATION manner of life they had chosen. Wealthy posses- sions frequently disqualify even settled nations for the toils of war, but to hordes in continual migra- tion, the accommodations of luxury and sloth would be certain impediments, and the means of ruin *. These accounts of impending enemies, and of the disasters which befell the Roman armies which ven- tured to encounter them, were received at Rome with amazement and terror. The citizens changed their dress, and assumed the military habit. Ruti- lius, the Consul, who had remained in the adminis- tration of affairs in Italy, had instructions from the Senate to array every person that was fit to bear arms. No one who had attained the military age. was exempted. It is mentioned, that the son of the Consul himself was turned into the ranks of a legion. There was little time to train such levies; and the usual way was thought insufficient. The fencing- masters, employed to train gladiators for the public shews, were brought forth, and distributed to instruct the citizens in the use of their weapons t. But the expedient, on which the people chiefly relied for de- liverance from the dangers which threatened them, was the repeated nomination of Marius to command against this terrible enemy, This officer, upon hearing of his re-election, set out for Italy, and, with his legions and their captives, made his entrance at Rome in triumph; a spectacle, of which Jugurtha, in chains, with his unfortunate children, were the principal figures. When the pro- cession was over, the captive king was led to a dun- * Orosius, lib. v, c. 16. Eutrop. lib. v. Valer. Max. lib. ii, c. 5, C. XI.] 71 OF THE ROMAN REPUBLIC. geon, under orders for his immediate execution. As he was about to be stripped of his ornaments and robes, the executioner, in haste to pluck the pen- dants from his ears, tore away the flesh, and thrust him naked into a circular aperture into which he descended with a smile, saying, “What a cold bath "is here!" He pined about six days under ground, and expired. A king and an able commander would, in such a situation, have been an object of pity, if we did not recollect that he was the murderer of Ad- herbal and Hiempsal, the innocent children of his benefactor; and if we did not receive some consola- tion from being told, that his own children, who were likewise innocent, were exempted from the lot of their father, and honourably entertained in Italy. Marius, in his triumph, is said to have brought into the treasury three thousand and seven pounds, or thirty thousand and seventy ounces of gold, and fifty-seven thousand seven hundred and fifty ounces. of silver; and in money, two hundred and eighty- seven thousand denarii*. He entered the Senate, contrary to custom, in his triumphal robes, proba- bly to insult the nobles, who used to despise him as a person of obscure extraction, born in a country town, and of a mean family; but finding that this was considered as an act of petulance, and generally condemned, he withdrew and changed his dress. The kingdom of Numidia was dismembered; part was put into the possession of Bocchus as a reward for his late services; and part reserved for the survi ving heirs of Massinissa. * About L. 10,000. 72 [C. XI. THE PROGRESS AND TERMINATION U. C. 649. Consuls, C. Marius 2do, C. Flavius Fimbria As the law respecting the Consulate now stood, no one could be elected in absence, nor re- elected into this office till after an inter- val of ten years. Both clauses were dis- pensed with in favour of Marius, under pretence of continuing him at the head of the army; but as he might still have remained in his station, and have rendered the same services to the State in the quality of Proconsul, his re-election may be ascribed to his own ambition, and to his jealousy of other rising men in the State. Being reputed head of the popular party, his personal elevation was an object of zeal to the Tribunes of the people, and was intended to mortify those who affected the distinc- tions of ancient family. Contrary to the usual form, and without casting lots for the assignation of his province, he was preferred to his colleague in the appointment to command in Gaul. Having his choice of all the armies at that time in Italy, he took the new levies, lately assembled and disciplin- ed by Rutilius, in preference to the veterans, who had served in Africa under Metellus and himself. It is probable that he was determined in this choice, more by his desire to gratify the veterans, who wish- ed to be discharged, in order to enjoy the fruits of their labours, than by the consideration of any sup- posed superiority in the discipline to which the new levies had been trained *. Upon the arrival of Marius in the province, it ap- peared, that the alarm taken for the safety of Italy * Frontinus de Stragemat. lib. iv, c. 6. C. XI.] 73 OF THE ROMAN REPublic. was somewhat premature. The Barbarians in their battles only meant to maintain the reputation of their valour, or to keep open the tract of their migrations. They had found the lands from about the higher parts of the Danube and the Rhine, through Gaul and across the Pyrenees into Spain and to the Ocean, convenient for their purpose, and sufficiently exten- sive. They had not yet meditated any war with the Romans, or other nation in particular; but did not decline any contest where they met with resistance. At present they continued their migrations to the westward, without attempting to cross the Alps, or seeming to have knowledge of nations who inhabited the peninsula of Italy within those mountains. We have nothing recorded in history concerning the movements of these wandering hordes, during the two subsequent years, except what is related of their adventure with Fulvius, a Roman Prætor, probably in Spain, who, in return for hostilities committed in his province, having made a feint to draw the atten- tion of their warriors elsewhere, surprised and sacked their camp. Under the apprehension, however, of their return towards Gaul and Italy, Marius conti- nued to be elected Consul, and was repeatedly na- med to the command of the army that was destined to oppose them. His party at Rome had, at this time, besides the exigency which justified their choice of such a leader, many other advantages against their antagonists, and maintained the usual contest of en- vy in the lower people against the pride of nobility with great animosity and zeal. 74 THE PROGRESS AND TERMINATION [c. XII. CHAP. XII. Review of the circumstances which revived the popular party at Rome. Further accounts of laws and regulations under the administration of this party.-State of the empire.-Fourth consulate of Marius.-Continued migrations of the barbarous nations.—Defeated by Marius at Aquæ Sextia.—By Ma- rius and Catulus in Italy. THE Senate had, for some time after the suppres- sion of the troubles which were raised by Fulvius. and the younger Gracchus, retained its authority, and restrained the Tribunes of the people within ordinary bounds; but by the miscarriages of the war in Numidia, and the suspicions which arose against them, on the subject of their transactions with Jugurtha, they again lost their advantage. It is difficult to ascertain the real grounds of these sus- picions. Sallust seems to admit them in their utmost extent, and represents the whole order of nobility as mercenary traders, disposed to sell what the repu- blic intrusted to their honour. That the presents of Jugurtha were sometimes accepted, and had their effect, is not to be doubted; but that the aristocra- cy of Rome, during its temporary ascendant, was so much corrupted, as the relation of this historian implies, is scarcely to be credited. Such a measure c. XII.] 75 OF THE ROMAN REPUBLIC. of corruption must have rendered the State a prey to every rival that was in condition to mislead its councils, and is not consistent with that superiority which the Romans then generally possessed in their negotiations, as well as in their wars. The charge itself savours too much of that envy with which the lower class of the people at all times interpret the conduct of their superiors, and which at the time when Sallust wrote his history, was greatly counte- nanced by the partisans of Cæsar, in order to vilify and traduce the Senate. We cannot, however, op- pose mere conjecture to the positive testimony of Sallust, corroborated by some suspicious circumstan- ces in the transactions of the times. Among these we may recollect the patronage which Jugurtha met with at Rome, contrary to the general sense of the people, and the uncommon presumption of guilt implied in the degradation of so many members as were about the same time, by the authority of the Censors, Q. Cæcilius Metellus and Cn. Domitius Ahenobarbus *, expelled from the Senate. Whatever may have been the real occasion of the cry then subsisting against the Nobles, we have seen that the popular party, availing themselves of it, and giving it all manner of countenance, found means to recover great part of the power they had formerly lost. The Tribunes, having obtained the establishment of a special commission for the trial of those who had received any bribes from Jugurtha, *It is already mentioned, that thirty-two Senators were struck off the rolls by these magistrates, Epitom. Liv. lib. 62. 76 [c. XII. THE PROGRESS AND TERMINATION the people mistook their own act in constituting a court of inquiry, as sufficient to evince the reality of the crime. The prosecutions which continued to be carried on for two years, upon this supposition, served more than the subject of any former dispute to exasperate and to alienate the minds of men from each other, and from the public. Questions were more of a private than of a public nature, and occu- pied the worst of the human passions, envy, malice, and revenge. One party learned to cherish false- hood, subornation, and perjury; the other lived in continual and degrading fear of having such engines employed against themselves. The people, in their zeal to attack the Nobility under any pretence, made no distinction between errors and crimes; and, contrary to the noble spirit of their ancestors, treated misfortune, incapacity, and treachery with equal rigour. One Tribune had extended the use of the secret ballot in giving judgment on certain offences or misdemeanors *; another, upon this occasion, took away all distinc- tions, or introduced the same cover of secrecy in the trial of capital crimes † insomuch, that a judge draughted from among the parties then at variance, could, without being accountable, indulge his ma- lice or partial favour, so as to affect the life as well as the honour of a fellow citizen ‡, to whom he bore any spite. : 1 * Lex Cassia Tabellaria. + Lex Calia Tabellaria. Cicer. de Legibus, lib. iii, C. XII.] 77 OF THE ROMAN REPUBLIC. Laws were made to promote the interest, as well as to gratify the animosity, of the lower people. By the Agrarian law of Gracchus, no one could possess above a certain measure in land; but in order to render the surplus of property to be surrendered immediately useful to the people, it was permitted, by an amendment of the law made during the low state of the aristocratical party, that persons holding more than the legal measure might retain their pos- session, but subject to a rent to be collected for the benefit of the poorer citizens; and thus it was pro- vided, that without discontinuing the practice of faction, or removing into what was considered as a species of exile in the country, the favourites of the party should be accommodated, and reap the fruits of sedition and idleness, while they continued to pur- sue the same course of life in the city It was proposed, by the Consul Servilius Cæpio, that the Senate, whose members were per- U. C. 647. Lex Servi- lia de Ju- diciis. * sonally so much exposed to prosecutions, should have their share likewise in com- posing the courts of justice, a privilege of which, by the edict of Gracchus, they had been deprived t. In whatever degree this proposal was adopted, it was again expressly rejected upon the motion of Servi- lius Glaucia. And Cæpio soon after experienced, in his own person, the animosity of the popular fac- tion: Being tried for miscarriage in his battle with the Cimbri, he was condemned by the judges, and afterwards, by a separate act obtained by Cassius, *Appian. de Bell. Civ. lib. i. + Valer. Max. lib. v, c. 9. 78 [c. XII. THE PROGRESS AND TERMINATION one of the Tribunes, declared, in consequence of that sentence, disqualified to hold a place in the Se- nate * Besides the transactions already mentioned, the following particulars, overlooked in the hurry of re- cording military operations and events, may serve still further to characterize the times. M. Junius Silanus was tried for misconduct against the enemy; M. Emilius Scaurus, first on the roll of the Senate, was brought to trial for contempt of religion; but both acquitted. The ardour for these prosecutions and popular regulations, continued without abate- ment, until the second Consulate of Marius, when M. Marcius Philippus, one of the Tribunes, moved to revive the law of Tiberius Gracchus respecting the division of estates in land, which, from this circum- stance, should appear had never been executed; and, in his speech to support this motion, affirmed, that there were not then two thousand families in Rome possessed of any property in land whatever †. This motion, however, was withdrawn. Among the crimes which the populace were now so eager to punish, fortunately that of peculation or extortion in the provinces was one. To facilitate complaints on this subject, not only persons having an immediate interest in the case, but all to whom any money or effects injuriously taken might have otherwise come by inheritance, were entitled to pro- secute for this offence: and any alien, who convict- • Asconius Pædianus in Corneliana Ciceronis. + Cicero de Officiis, lib. ii. c. XII.] 79 OF THE ROMAN REPUBLIC. ed a Roman citizen of this crime, so as to have him struck off the rolls of the people, was entitled him- self to be enrolled instead of the citizen displaced Domitius, one of the Tribunes, attacked the ari- stocratical constitution even of the priesthood, and endeavoured to transfer the right of election to va- cant places from the order itself to the people; but superstition, which often continues to influence the bulk of mankind after reason has failed, here stood in his way. The custom was against him; and in such matters, religion and custom are the same. The people, therefore, it was confessed by the mo- Lex Domi- tia de Sa- cerdotiis. ver of this reform, could not without pro- fanation pretend to elect a priest; but a certain part of the people might judge of the candidates, and instruct the college itself in the choice to be made t. The same artifice, or verbal evasion, had been already admitted in the form of electing the Pontifex Maximus, presented to the or- der, not by the people at large, but by seventeen of the Tribes who were drawn by lot t. During this period, a charge of depravity, worse than that which was brought against those who were employed in the State, might with equal justice be directed against those who were loudest in raising the cry of corruption; for liberty on the part of the populace, was conceived to imply a freedom from every restraint, and to justify licence and contempt of the laws. The gratuitous aids which were given Cicero in Balbiana. + Asconius in Corneliana Ciceronis. + Cicero de Lege Agraria, 80 [c. XII. THE PROGRESS AND TERMINATION to the people, enabled them to subsist in idleness and sloth; the wealth that was passing to Rome in the hands of traders, contractors, and farmers of the revenue, was spent in profusion. That which was acquired by officers in one station of command in the provinces, was lavished in public shows, in the baiting of wild beasts and fights of gladiators, to gain the people in the canvass for further preferments: And from all these circumstances we may conclude, that if there be reason to regret or detest the abuses incident to monarchy, and the luxury of courts, there is surely no less in the brutal taste and disso- lute manners incident to a populace, acknowledged in democracy the sovereign or supreme disposer of preferments and honours. The severities which were practised in certain cases, the sumptuary laws which were provided to restrain dissipation, were but feeble aids to stop up the source of so much disorder. It is mentioned, as an instance of severity which the times required, that some Vestals were questioned for a breach of that sacred obligation to chastity, under which they were held up as a pattern of manners to the sex at Rome; that three of them were condemned, and, together with so many Roman knights, the supposed partners in their guilt, suffered extreme punishment; but no two things are more consistent than supersti- tion and vice. A temple was on this occasion erect- ed to the goddess Venus, under what may to us ap- pear a new title, that of the Reformer *; prayers * Venus Verticordia. C. XII.] 81 OF THE ROMAN REPublic. were to be offered up in this temple, that it might please the goddess of Love to guard the chastity of Roman women * And from this we may appre- hend, that the devotions paid to this deity were in some instances of a purer kind than we are apt to imagine. The term luxury is somewhat ambiguous; it is put for sensuality or excess in what relates to the uses or gratifications of animal nature; and for the effect of vanity, in what relates to the decorations of rank and fortune. The luxury of the Romans, in the present age, was probably of the former kind, and sumptuary laws were provided, not to restrain vanity, but to govern the appetites for mere debauch. About the time that Jugurtha was at Rome, the sumptuary law of Fannius received an addition, by which Roman citizens were not only restricted in their ordinary expense, but the legal quantities and species of food were distinctly prescribed. The whole expense of the table was restricted to thirty asses† a-day, and the meat to be served up, to three or four pounds, dried or salted. There was no restriction in the use of herbs or vegetables of any sort ‡. Ac- cording to A. Gellius, the law permitted, on certain days, an expense of an hundred asses; on wedding- days, two hundred. It is remarkable, that this law continued to have its effect on the tables of Roman citizens after Cicero was a man . The Epicures of * Orosius, lib. v, c. 15. Jul. Obsequens. Ovid. Fast. lib. v. + About two shillings. Macrobius Satur. lib. ii, c. 17. Epist. ad Familiar. lib. vii, ad Gallum. VOL. II. F 82 [c. XII. THE PROGRESS AND TERMINATION his time were obliged to make up, in the cookery of their vegetable diet, what was defective in that spe- cies of food. About the time of the commencement of the Nu- midian war, the people, according to the Census, amounted to four hundred and three thousand four hundred and thirty-six citizens, fit to carry arms. At this time it was that the Censors, Quintus Cæci- lius Metellus, and Cn. Domitius Ahenobarbus, as already mentioned, expelled thirty-two members from the Senate. While the Romans were intent on the war which subsisted in Africa, they were not exempted from like trouble in other parts of their empire. In Spain particularly, hostilities at intervals were still renew- ed. There, in trying to quell a revolt of the na- tives, a Roman Prætor was killed; in another en- counter, the forces employed against the natives were cut off; and a fresh army was transported from Italy, to secure the Roman possessions. Hostilities were likewise continued on the fron- tier of Macedonia, by the Scordisci, Triballi, and other Thracian nations; and the Proconsul Rufus, by his victories in this quarter, obtained a triumph. During this period, in the Consulship of Attilius Serranus, and Q. Servilius Cæpio, the year after the first Consulship of Marius, were born two illustrious citizens, M. Tullius Cicero, and Cneius Pompeius Strabo, afterwards distinguished by the appellation of Pompey the Great. And with the mention of these names we are now to open the scene in which persons, on whom the fate of the Roman empire c. XII.] 83 OF THE ROMAN REPUBLIC. was to depend, made their several entries into life, or into public business, and in which they began to pass through an infancy or a youth of danger, to an old age of extreme trouble, which closed with the subversion of that constitution of government under which they were born. Caius Ma- rius 3tio. us Orestes. Marius having, without any memorable event, U. C. 650. passed the year of his second Consulship, on the frontier of Narbonne Gaul, was, by L. Aureli- the people, still under the same apprehen- sion of the Cimbric invasion, re-elected, and destined to remain in his station. This year, likewise, the Barbarians turned aside from the Ro- man province, and left the republic at leisure to contend with enemies of less consideration, who ap- peared in a different quarter. Athenio, a slave in Sicily, having murdered his master, and broken open the prisons or walled inclosures in which slaves were commonly confined at work, assembled a num- ber together, and being himself clothed in a purple robe, with a crown and sceptre, affected a species of royalty, while he invited all the slaves of the island to assume their freedom under his protection. He acquired strength sufficient to cope with Servilius Casca, the Roman Prætor, and actually forced him in his camp. He likewise defeated the succeeding Prætor, Licinius Lucullus * ; and was, in the third year of his insurrection, with great difficulty, redu- ced by the Consul Aquilius. This revolt was at its height in this year of the third Consulship of Ma- Florus, lib. iii, c. 19. F 2 84 [c. XII. THE PROGRESS AND TERMINATION rius, and the rebels being surrounded in their strong- holds, and obliged to surrender for want of provi- sions, it was quelled in the second year after this Consulship*. The whole is mentioned now, that it may not recur hereafter to interrupt the series of matters more important. About the same time the Romans had been obliged to equip a naval armament under Marcus Antonius, known by the appellation of the Orator, against the Cilician pirates, who had lately infested the seas. All that we know of this service is, in general, that it was performed with ability and success t. From Macedonia, Calpurnius Piso reported, that the victory he had gained over the Thracians had enabled him to penetrate to the mountains of Rho- dope and Caucasus. Such was the state of the empire when Caius Ma- rius arrived from his province in Gaul, to preside at a new election of Consuls. He was himself again, by the voice of the people, called upon to resume his trust; but he affected, with an appearance of modesty, to decline the honour. His partisans were apprised of the part he was to act, and were accord- ingly prepared, by their importunities, to force him into an office which he certainly did not mean to decline. Among these, Apuleius Saturninus, at this time himself candidate for the office of Tribune, charged Marius with treachery to his country in pro- posing to desert the republic in times of so much * Florus, lib. iv, c. 19. + Ibid. lib. iii, c. 6. Cicero de Orator. lib. i. C. XII.] 85 OF THE ROMAN REPUBLIC. danger; and with his reproaches seemed to prevail so far as to render this favourite of the people pas- sive to the will of his fellow-citizens, who wished to reinstate him in his former command. U. C. 651. Caius Ma- rius 4to, L. Lutatius Catulus. * In this fourth Consulate, the courage and military skill of Marius came to be actually exert- ed in his province. The barbarous na- tions, after their return from Spain, began to appear in separate bodies, each forming a numerous and formidable army. In one division the Cimbri and Tectosages had passed through the whole length of Gaul to the Rhine; from thence proceeded by the Danube to Noricum or Austria, and, by the passes of Carinthia, or by the valley of Trent, might have an easy access to Italy. The Consul Lutatius Catulus was stationed on the Athe- sis, near the descent † of the Alps, to observe the motions of this body. In another division, the Ambrones and the Teu- tones, between the Garonne and the Rhône, hung on the frontier of the Roman province, and gave out, that they meant, by another route of the moun- tains, to join their allies who were expected on the Po. Upon the approach of this formidable enemy in the division to which he was opposed, Marius took post on the Rhône at the confluence of this river with the Isere, and fortified his camp in the most effectual manner. The Barbarians, reproaching him with cowardice for having taken these precautions, Plutarch. in Mario. † Now the Adigé. 86 [c. XII. THE PROGRESS AND TERMINATION sent, agreeably to their own notions of war, a formal challenge to meet them in battle; and having had for answer, That the Romans did not consult their enemies to know when it was proper to fight, they were confirmed in their usual contempt, ventured to leave the Roman army behind, and proceeded in separate divisions to look out for a passage into Italy. Marius followed; with rapid marches, over- took them in their progress, and even dispersed over the country, without precaution or order; some of them near to the Roman colony of Sextius*, and far removed from each other. Having found them under such disadvantage, and in such condition as exposed them to slaughter, with scarcely any means of resistance, he put the greater part to the sword. Thus, one part of the hordes, who had for years been so formidable to the Romans, were now en- tirely cut off. Ninety thousand prisoners, with Teu- tobochus, one of their kings, were taken, and two hundred thousand were said to be slain in the field†; accounts which, with some others relating to this war, we may suspect to be exaggerated. • The news of this victory arriving at Rome, while it was known that a second swarm of the same hive, not less formidable than the first, still hung on the approaches to Italy, it was not to be doubted that the command and office of Consul would still be continued to Marius. The populace, incited by Now Aix, in Provence. + Plutarch, in Mario. Orosius, lib. v, c. 16. Florus, lib. iii, c. 3. Vel- lcius. Eutropius. C. XII.] 87 OF THE ROMAN REPUBLIC. some of the factious Tribunes, joined, with the other usual marks of their attachment to this fa- vourite leader, that of disrespect and insolence to those who were supposed to be his opponents and rivals. Of these, Metellus Numidicus, whom he had supplanted in the command of the army against Jugurtha, was the chief. This respectable citizen, being now in the office of Censor, one Equitius, an impostor of obscure or slavish extraction, offered himself to be enrolled as a citizen, under the popu- lar designation and name of Caius Gracchus, the son of Tiberius. The Censor, doubting his title, called upon Sempronia, the sister of Gracchus, to testify what she knew of this pretended relation; and, upon her giving evidence against him, rejected his claim. But the populace, ill-disposed to Metel- lus, on account of his supposed disagreement with Marius, took this opportunity to insult the Censor in the discharge of his office; attacked his house, and obliged him to take refuge in the Capitol. Even there the Tribune Saturninus would have laid violent hands on his person, if he had not been protected by a body of the Roman Knights, who had assembled in arms to defend him. This tumult was suppressed, but not without bloodshed. While the popular faction was indulging in these U. C. 653. Caius Ma rius 5to, M. Aquilius. marks of dislike to Metellus, they proceed- ed to bestow the honours which they in- tended for Marius, and chose him for a fifth time Consul, in conjunction with M. Aquilius. His late splendid successes against one division of the wandering Barbarians justified this choice, and point- 88 THE PROGRESS AND TERMINATION [C. XII. i ed him out as the fittest person to combat the other, which was still expected from the banks of the Da- nube, to attempt the invasion of Italy. Catulus, the late colleague of Marius, commanding the troops that were stationed on the Athesis, to cover the access to Italy from what is now called the Tyrol and the val- ley of Trent, was destined to act in subordination to the Consul, who had given orders to hasten the passage of his victorious army from the other extre- mity of the Alps and the Rhône. Catulus had taken post near Verona, thrown a bridge over the Athesis, and, in order to command the passage of that river, had fortified stations on both its banks. While he was in this posture, and before the junction of Marius, the enemy arrived in his neighbourhood. The amazing works which they performed might serve to confirm the report of their numbers. They obstructed with mounds of timber and earth the channel of the Athesis, so as to force it to change its course; and by this means, instead of themselves passing the river, they threw it be- hind them in their march. They continued to float such quantities of wood towards the bridge which Catulus had constructed, that the stream being ob- structed, the bridge itself, unable to sustain such a pressure, with all the timber which was accumula- ted before it, was entirely carried off. The troops of Rome, on seeing such proofs of the numbers and strength of their enemy, were seized with a panic. Many deserted their colours, some fled even to the city itself, without halting. The Proconsul, to hide his disgrace, thought proper to order a retreat; and C. XII.] 89 OF THE ROMAN REPublic. by this order, seeming to authorise what he could not prevent, endeavoured to save in part the credit of his army. The level country on the Po was in this manner laid open to the incursions of the Barbarians. The inhabitants of Italy were greatly alarmed: and the Roman people passed an act of attainder against all those who had abandoned their colours. Marius, who had been at Rome while he expected the arri- val of his army from Gaul, suspended the triumph which had been decreed to himself by the Senate, now went to receive the legions on their approach, and hastened to rally and to reinforce the army of Catulus. Upon their junction, those who had lately fled from the plains of Verona recovered their courage, and the generals determined, without loss of time, to hazard a battle. It is said that the Barbarians of this division were still ignorant of the disaster which had befallen their confederates on the other side of the Alps, and had sent the Roman army a defiance or a challenge to fight; but that, being informed of their loss when they were about to engage, they made their attack with less than their usual ferocity or confidence. Catulus received them in front. Marius made a movement to assail them in flank; but as the field was darkened by the clouds of dust which every where rose from the plain, he missed his way, or could not fall in with the enemy till af- ter they had been repulsed by Catulus, and were al- ready put to flight. The route, as usual, was ex- tremely bloody; an hundred and fifty thousand were 90 [c. XII. THE PROGRESS AND TERMINATION said to be slain; sixty thousand submitted to be ta- ken. The remainder of this mighty host, even the women and children, perished by their own hands; and in this manner, a race of barbarous nations, who had migrated through Europe, perhaps for ages be- fore they encountered with the Romans, now appear to have been entirely cut off*. On receiving the news of this victory at Rome, the city resounded with joy, and the people, in every sa- crifice they offered up, addressed themselves to Ma- rius as to a god. He had been constantly attended in this war by Sylla, who, though already an object of his jealousy, still chose to neglect the preferments of the city, and to serve in the camp. In the victory, now to be celebrated, Marius was no more than partner with Catulus, and, impatient as he will soon appear of any competition for power, did justice to his colleague in this particular, admitting him equal- ly to partake in the triumph which ensued. In this procession there were not any carriages loaded with gold, silver, or precious spoils of any sort; but, in- stead of them, the shattered armour and broken swords of a ferocious enemy; the surer marks of an honour justly won, and of a more important service performed. These were transported in waggon- loads, and piled up in the Capitol. * Plutarch. in Mario et Sylla. Orosius. lib. v, c. 16. Florus, lib. iii, c. 3, Velleius. Eutrop. Appian. in Celtica. 1 ' J c. XIII.] OF THE ROMAN REPUBLIC. 91 CHAP. XIII. Character and immoderate ambition of Marius.-Death of Nonius.-Re-election of the Tribune Saturninus.-His sedi- tions and seizing the Capitol.-Death of Saturninus.—Re- verse in the state of parties.-Recall of Metellus.-Violent death of the Tribune Furius.-Birth of Caius Julius Cæsar. -Lex Cæcilia Didia.-Blank in the Roman history.—Syl- la offers himself candidate for the office of Prætor.—Edict of the Censors against the Latin rhetoricians.-Bullion in the Roman treasury.-Present of a group in golden figures from the king of Mauritania.—Acts of Livius Drusus.- Revolt of the Italian allies.-Policy of the Romans in yield- ing to the necessity of their affairs.—The laws of Plautius. UPON the extinction of the wandering nations which had now for some time molested the empire, there was no foreign enemy to endanger the peace of Italy. The wars in Thrace and in Spain had no effect be- yond the provinces in which they subsisted. The insurrection of the slaves in Sicily, by the good con- duct of Aquilius the Consul, to whom that service had been committed, was near being quelled. Marius, being now returned to the city, might have quitted the paths of ambition with uncommon distinction and honour. An ordinary Consulate, af- ter his having been so often called upon, in times of extreme danger, as the person most likely to save 92 [c. XIII. THE PROGRESS AND TERMINATION his country, could make no addition to his glory. His being set aside in times of security and leisure, on the contrary, must have been the most honourable and flattering comment that could have been made on his former elections. But there is reason to believe, that immoderate thirst of power, and extreme animosity to his rivals, not genuine elevation of mind, were the characteris- tics of Marius. His ambition had hitherto passed for an aversion to aristocratical usurpations. But his affected and furious contempt of family distinc- tions, too often the offspring of sensibility to the want of such honours, by clashing with the establish- ed subordination of ranks in his country, became a source of disaffection to the State itself. He formed views upon the Consulate yet a sixth time ; and in- stead of the moderation, or the satiety of honours with which he formerly pretended to be actuated, when he hoped to be pressed into office, he now openly employed all his influence, even his money, to procure a re-election; and in the event prevailed, together with Valerius Flaccus. He had warmly espoused the interest of this candidate against Me- tellus, from animosity to the competitor, whose great authority, placed in opposition to himself, he dread- ed, more than from any regard or predilec- tion for Flaccus. And now being chosen, in order the more to strengthen himself in the exercise of his power, he entered into concert with the Tribune Apuleius Saturninus, and, it is probable, agreed to support this factious dema- gogue in his pretensions to remain in office for ano- U. C. 653. Caius Ma- rius 6to, L. Val. Flaccus. 1 c. XIII.] 93 OF THE ROMAN REPUBLIC. ther year; a precedent which had taken place only in the most factious times of the republic,' and which was in itself more dangerous than any other re-elec- tion whatever. The person of the Tribune being sacred, his will was absolute; there was no check to his power besides the fear of being called to account at the expiration of his term; and if this fear were removed by the perpetuity of office, it was a power yet more formidable than that of the Dictator, and to be restrained only by the divisions which might arise among those who were joined together in the exercise of it. The faction now formed by Marius and the Tri- bune Saturninus, with their adherents, was farther strengthened by the accession of the Prætor Glau- cia. This person, while in office, and as he sat in judgment, had received an affront from Saturninus, in having his chair of state broken down for presum- ing to occupy any part in the attention of the peo- ple while an assembly called by the Tribune was He nevertheless chose to overlook this insult, in order to be admitted a partner in the considera- tion and power which was likely to devolve on these popular leaders. met. Upon the approach of the tribunitian elections, the Senate and Nobles exerted themselves to pre- vent the re-election of Saturninus; and nine of the new candidates were, without any question, declared to be duly elected in preference to him. The tenth place too was actually filled by the election of No- nius Sufenas, whom the aristocracy had supported with all its influence. But the party of Apuleius, 94 [c. XIII. THE PROGRESS AND TERMINATION enraged at their disappointment, had recourse to violence, forced Nonius, though already vested with the sacred character of Tribune, to take refuge in a work-shop, from whence he was dragged by some of the late soldiery attached to Marius, and slain. The assembly broke up with the cry of murder, and every sober person, though reputed of the popular party, retired from the scene under the strongest impres- sions of affliction and terror. Marius had reason to apprehend some violent re- solution from the Senate, and was in no haste to as- semble that body. Meantime his associate Glaucia, in the night, at the head of a party armed with dag- gers, took possession of the Capitol and place of as- sembly, and, at an early hour in the morning, pre- tending to observe all the forms of election, announ- ced Apuleius again Tribune, in the place that was va- cated by the murder of Nonius. This furious dema- gogue was accordingly reinstated in the sacred cha- racter, which, though recently violated by himself, was still revered by the bulk of the people. He was continually attended by a new set of men who infested the streets, freemen of desperate fortune, whom Marius, contrary to the established forms of the constitution, had admitted into the legions. These were grown fierce and insolent, as partners in the victories of their general, and were now made to ex- pect that, in case the popular party should prevail, they themselves were to have comfortable settle- ments, and estates in land. Under the dread of so many assassins, who consi- dered the Nobles as enemies to their cause, Marius c. XIII.] 95 OF THE ROMAN REPUBLIC. with his faction was become master of the common- wealth. The better sort of the people was deterred from frequenting the public assemblies, and no one had courage to propose, that any inquiry should be made into the death of the Tribune Nonius, in whose person the sacred law had been again set at nought *. Apuleius hastened to gratify his party by moving Lex Agra- popular acts. One to seize, in name of the public, those lands beyond the Po, which had lately been overrun and desolated by the barbarous nations, and to distribute them in lots to the poorer citizens †. ria. S Another, by which it was enacted, that in the province of Africa a hundred jugera a man should be distributed to the veterans : that new settle- ments should be made in Greece, Macedonia, and Sicily; and that the money taken from the temple at Tolosa § should be employed in the purchase of lands for a like purpose: that wherever these colo- nies should be planted, Marius should have a power to inscribe, at each of the settlements, the names Lex Fru- of any three aliens into the list of citizen || : That the price, hitherto paid at the public granaries, should be discontinued, and that corn should be distributed gratis to the people. mentaria. Upon the intention to obtain the last of those laws being known, Q. Servilius Cæpio, one of the Quæs- Appian. de Bell. Civil. lib. i. lib. ix, c. 7. Orosius, lib. v, c. 57. † Appian. de Bell. Civil, lib. i. $ Now Thoulouse. Plutarch in Mario, lib. lxix. Valer. Max. Florus, lib. iii, c. 16. Aut. de Viris Illustribus in Saturnino. Aut. de Viris Illustribus in Saturnino. 96 the progress AND TERMINATION [C. XIII. tors, represented, that if such a law should pass, there would be an end to industry, good order and government in the city; and that the treasury of Rome would not be sufficient to defray the expense. He exhorted the Senate to employ every measure.to defeat this ruinous project. And this body accord- ingly made a resolution, that whoever attempted to obtain the law in question should be deemed an ene- my to his country. But Apuleius was not to be re- strained by the terrors of this resolution. He pro- ceeded to propose the law in the usual form, and had planted the rails and balloting urns for the peo- ple to give their votes, when Cæpio, with a body of his attendants, had the courage to attack the Tri- bune, broke down the steps, and overset the ballot- ing urns; an action for which he was afterwards im- peached upon an accusation of treason, but by which, for the present, he disappointed the designs of the faction * Apuleius, to extend the power of the popular as- semblies, and to remove every obstruction from his own designs, brought forward a number of new re- gulations. One to confirm a former statute, by which the acts of the Tribes were declared to have the force of laws. Another, declaring it to be trea- son for any person to interrupt a Tribune in putting a question to the people. A third, obliging the Se- nate to confirm every act of the Tribes within five days after such act had passed, and requiring every Senator, under pain of a fine, and of being struck Aut. Rhetoricorum ad Herennium. 4 1 c. XIII.] 97 OF THE ROMAN REPUBLIC. off the rolls, to take an oath to abide by these reĝu- lations. While these motions were under debate, some one of the party who opposed them, in order to stop the career of this factious Tribune, observed that it thundered; a circumstance which, upon the ordinary maxims of the Roman Augurs, was suffi- cient to suspend any business in which the people were engaged, and to break up their assembly. "If you be not silent," said Apuleius to the person who observed that it thundered, "you will also find "that it hails." The assembly accordingly, without being deterred by this interposition of the auspices, passed acts to the several purposes now mentioned. The power of the Senate was thus entirely suppress- ed, their part of the legislature being reduced to a mere form, and even this form they were not at liber- ty to withhold. Marius called them together, and proposed that they should consider what resolution they were to take with respect to a change of so much importance, and particularly with respect to the oath which was to be exacted from the Senators, binding or obliging themselves to abide by the re- gulations now made. The old warrior is said, on this occasion, to have practised an artifice by which he imposed on many of those who were present, and which afterwards furnished him with a pretence for removing his enemy Metellus from the councils of state. He declared himself with great warmth a- gainst taking the oath, and by his example led other Senators to express their dislike. Metellus, in par- ticular, assured the assembly, that it was his own re- solution never to come under any such engagement. VOL. II. G 98 [c. XIII. THE PROGRESS AND TERMINATION While the Senators relied on the concurrence of Marius in refusing the oath, the time appointed for administering it nearly approached; and this Con- sul, after the third day was far spent, assembled the Senate, set forth the dangerous state of the common- wealth; at the same time expressed his own fears of the disturbances that might arise if the Senate re- fused to gratify the people in this matter, and, while multitudes were assembled in the streets to know the issue of their councils, he required that the oath should be administered. He himself took it, to the astonishment of the Senate, and to the joy of the po- pulace, who, being assembled by Apuleius, sounded applause through the streets. Metellus alone, of all who were present, refused to comply, and withstood all the entreaties of his friends, who represented the danger with which he was threatened. If it were "always safe to do right," he said, "who would ever "do wrong? But good men are distinguished, by choo- "sing to do right even when it is least for their safety " to do so." 66 On the following day the Tribune Saturninus en- tered the Senate, and, not being stopped by the ne- gative of any of his own colleagues, the only power that could restrain him, dragged Metellus from his place, and proffered an act of attainder and banish- ment against him, for having refused the oath which was enjoined by the people. Many of the most re- spectable citizens offered their aid to defend this il- lustrious Senator by force, but he himself declined being the subject of any civil commotion, and went into exile. c. XIII.] 99 OF THE ROMAN REPUBLIC. While the act, which afterwards passed for his banishment, was preparing, he was heard to say, "If "the times should mend, I shall recover my station; "if not, it is good to be absent from hence." He fixed his abode at Smyrna, conducted his retirement with great dignity during his exile, and probably felt as he ought, that any censure inflicted by men of a vile or profligate character, whatever title they assumed, whether of Nobles or People, or of the State itself, was an honour. In these transactions elapsed the second year, in which Apuleius filled the office of Tribune; and, being favoured by a supineness of the opposite party contracted in a seeming despair of the republic, he prevailed yet a third time in being vested with this formidable power. To court the favour of the peo- ple, he affected to credit what was alleged concern- ing the birth of Equitius; and, under the name of Caius Gracchus, son of Tiberius, had this impostor associated with himself in the office of Tribune. The name of Gracchus, in this situation, awakened the memory of former hopes and of former resentments. The popular party had destined Glaucia for the Con- sulate, and appear to have left Marius out of their councils. This will perhaps account for the conduct with which he concluded his administration in the present year. At the election which followed, the interest of the Nobles was exerted for Marcus Antonius and C. Memmius. The first was declared Consul, and the second was likely to prevail over Glaucia; when, in the midst of the crowds that were assembled to vote, a sudden tumult arose; Memmius was beset G 2 100 [c. XIII. THE PROGRESS AND TERMINATION and murdered; and the greater part of the people, alarmed at so strange an outrage, were seized with a panic, and fled. In the night, it being known that Glaucia, Satur- ninus, and the Quæstor Saufeius, were together in secret conference, all the citizens who yet retained any regard for the commonwealth assembled, in dread of what so desperate a faction might at- tempt. All the voices were united against Saturni- nus, the supposed author of so many disorders and murders. It was proposed, without delay, to seize his person, either living or dead; but being put upon his guard, by the appearance of a storm so likely to break on his head, he thought proper, with the other leaders of his party and their retainers in arms, to seize the Capitol, there to secure themselves, and to overawe the assembly of the people. It was no longer to be doubted that the republic was in a state of war. Marius, who had fomented these troubles from aversion to the Nobles, would have remained undetermined what part he should act. But the Se- nate being met, gave the usual charge to himself and his colleague to avert the danger with which the republic was threatened; and both these officers, however much they were disposed to favour the se- dition, being in this manner armed with the sword of the commonwealth, were obliged to employ it in support of the public authority. The Senators, the Knights, and all the citizens of rank, repaired in arms to their standard. Antonius, Consul elected for the following year, in order to prevent the entry of disorderly persons from the country to join the C. XIII.] 101 OF THE ROMAN REPUBLIC. faction, was stationed in the suburbs with an armed force*. The Capitol was invested in form, and ap- pears to have held out some days; at the end of which, in order to oblige the rebels to surrender, the pipes that supplied them with water were cut off t. This had the intended effect. They submitted on such terms as were proposed to them; and Marius being inclined to favour, had them only confined to the hall of the Senate till farther orders. In the mean time, a great party of citizens, who were in arms for the defence of their families, impatient of delay, and thinking it dangerous to spare such daring of fenders, beset them instantly in their place of con- finement, and put the whole to the sword ‡. It was reported, though afterwards questioned up- on a solemn occasion |, that Caius Rabirius, a Sena- tor of distinction, having cut off the head of Apu- leius, according to the manners of the times, carried it as a trophy, and had it presented for some days at all the entertainments which were given on this oc- casion, or at which he himself was a guest. This was the fourth tribunitian sedition raised to a dangerous height, and quelled by the vigour and resolution of the Senate. Marius, who had been ob- * Cicero pro C. Rabirio. "Et si Caius Marius quod fistulas quibus aqua sup- petabatur Jovis optimi maximi templis ac sedibus præcidi imperarat.' + Plutarch. in Caio Mario; 185 yag oxetɣs axexofev. Plut. in Mario. Appian. de Bell. Civil. lib. i. Oros. lib. v, c. 17. Flor. lib. iii. Aut. de Viris Illust. Cicero in Sextiana in Catal. lib. i. Philip. lib. viii, et pro Caio Rabirio. At the trial of Rabirius, when, some years afterwards, he was accused of having killed Saturninus. 102 [c. XIII. THE PROGRESS AND TERMINATION liged to act as the instrument of government on this occasion, saw his projects baffled, and his credit greatly impaired. Plutarch relates, that he soon af ter withdrew from the city for some time, on pre- tence of a desire to visit the province of Asia, where his active spirit became busy in forming the project of new wars, for the conduct of which he was much better qualified than for the administration of affairs in peace. U. C. 652. nius, A. A Upon the suppression of this dangerous sedition, the commonwealth was restored to a state which, compared to the late mixture of civil contention and military execution, may have deserved the name of public order. One office of Consul was M. Anto- still vacant; and the election proceeding Posthumius without disturbance, Posthumius Albinus. Albinus. was joined to Antonius. Most of the other elections had also been favourable to the Nobles ; and the majority even of the Tribunes of the people, recovered from the late disorders, were inclined to respect the Senate and the Aristocracy, as principal supports of the commonwealth. The first effect of this happy disposition was a motion to recall Metellus from banishment. In this measure, two of the Tribunes, Q. Pompeius Rufus and L. Porcius Cato concurred. But Marius ha- ving opposed it with all his influence, and Publius Furius, another of the Tribunes, having interposed his negative, it could not at that time be carried in- to execution. Soon after, however, the same mo- tion being renewed by the Tribune Callidius, and Furius having repeated his negative, Metellus, son C. XIII.] OF THE ROMAN REPUBLIC. 103 of the exile, in presence of the people, threw himself upon the ground, and embracing the Tribune's knees, beseeched him not to withstand the recall of his father. The young man, from this action, after- wards acquired the surname of Pius; and the Tri- bune, insolently spurning this suppliant, as he lay on the ground, served his cause by that act of in- dignity perhaps more effectually than he could have done by lending a favourable ear to his request. The people, ever governed by their present passions, were moved with tenderness and with indignation. They proceeded, without regard to the negative of Furius, under emotions of sympathy for the son, to recall the exiled father. The messenger of the re- public sent to announce this act of the people to Metellus, found him at Tralles in Lydia, among the spectators at a public show. When the letters were delivered to him, he continued to the end of the en- tertainment without breaking the seals; by this mark of indifference, treating the favour of a disor- derly populace with as much contempt as he had shown to their censure. The Senate, in consequence of the distaste which all reasonable men had taken to the violence of the opposite party, having got the ascendant at Rome, were gratified, not only with the test of superiority they had gained in the recall of Metellus, but in the downfall also of some of the tribunes, who had been active in the late disorders. Publius Furius, now become an object of general detestation, fell a sacri- fice to the law of Apuleius, which declared it treason to interrupt a Tribune in putting a question to the 104 THE PROGRESS AND TERMINATION [C. XIII. 11 people. Being accused by Canuleius, one of his col- leagues of violating this law, he was by the populace, who are ever carried by the torrent, and prompt for execution, prevented from making his defence; and, though a Tribune in office, was put to death. De- cianus, another of these officers, in supporting the charge against Furius, happened to speak with re- gret of the death of Saturninus, a crime for which he incurred a prosecution, and was banished *. So strong was the tide of popularity now opposite to its late direction, and so fatal as precedents, even to their own cause, frequently are the rules by which violent men think to obtain discretionary power to themselves. The murder of Nonius was a prece- dent to justify the execution of Apuleius, and both were followed by that of Furius. The law which had for its object the support of Apuleius in any measure of disorder or licence, was now employed to support his enemies against himself and his fac- tion. Amidst these triumphs of the aristocratical party, Sextus Titius, one of the Tribunes, still had the cou- rage to move a revival of the Agrarian law of Grac- chus. The proposal was acceptable in the assembly of the people t: And the edict was accordingly passed. But it was observed, that while the people were met on this business, two ravens were fighting in the air above the place of assembly, and the Col- lege of Augurs, on pretence of this unfavourable Val. Max. lib. viii, c. 1. + Julius Obsequens. c. XIII.] 105 OF THE ROMAN REPUBLIC. omen, annulled the decree *. Titius, the author of it, was soon after condemned for having in his house the statue of Saturninus t. The Consul Aquilius returned from Sicily; and having had an ovation or procession on foot for the reduction of the Sicilian slaves, was on the following year brought to trial for extortion in his province. He called no exculpatory evidence, nor deigned to court the favour of his judges. But when about to receive sentence, M. Antonius, who had pleaded his cause, tore open the vest of his client, and displayed to the court and the audience the scars which he bore in his breast, and which were the marks of wounds received in the service of his country. Up- on this spectacle, a sudden emotion of pity or re- spect decided against the former conviction of the court, and unfixed the resolution which, a few mo- ments before, they had taken to condemn the ac- cused. Among the events which distinguished the Con- sulate of M. Antonius and A. Posthumius Albinus, may be reckoned the birth of Caius Julius Cæsar, for whose ambition the seeds of tribunitian disorder now sown were preparing a plentiful harvest. This birth, it is said, was ushered in with many presa- ges and tokens of future greatness. If, indeed, we were to believe, that nature in this manner gives in- timation of impending events, we should not be sur- prised that her most ominous signs were employed * Cicero de Legibus, lib. ii. † Ibid. pro C. Rabirio. Ibid. de Orator. lib. ii, c. 28. 106 THE PROGRESS AND TERMINATION [C. XIII. to mark the birth of a personage who was destined to change the whole face of the political world, and to lay Rome herself, with all the nations she had conquered, prostrate under the dominion of caprice and force,—a state of degradation which, by its na- tural effects, served to turn back into the lowest ebb of ignorance and meanness the tide of mental attain- ment which had flowed for some ages in an opposite direction. U. C. 655. Q. Cæcili- us Metellus Nepo, T. Didius. Antonius and Albinus were succeeded in office by Q. Cæcilius Metellus and Titus Didius. The war still continued in Spain, and the conduct of it fell to the lot of Didius. Upon his arrival in the province, Dolabel- la, the Proprætor, set out on his return to Rome, and, for his victories in Spain, obtained a triumph. Metellus remained in the administration of affairs in Italy. lia Didia. The legislation of the present year is distinguish- Lex Cæci- ed by an act in which both Consuls con- curred, and which is therefore marked in the title with their joint names. The Roman peo- ple had frequently experienced the defect of their forms in the manner of enacting laws. Factious Tribunes had it in their power to carry motions by surprise, to include in the same law a variety of re- gulations, and by obliging the people to pass or re- ject the whole in one vote, frequently obtained, un- der the favour of some popular clause, acts of a very dangerous tendency. To prevent this abuse, it was now enacted, upon the joint motion of the Consuls Cæcilius and Didius, that every proposed law should c. XIII.] 107 OF THE ROMAN REPUBLIC. be made public three market days before it could receive the assent of the people: that all its diffe- rent clauses should be separately voted: and that it should be lawful for the people to select a part, if they were not inclined to adopt the whole *. This law had a salutary tendency; and, though far from sufficient to prevent a return of the late evils, it served for a time to obstruct the course of tribunitian violence: but while the source was open, any mere temporary obstruction could only tend to increase the force with which it occasion- ally burst over every impediment of law or good order that was placed in its way. And the ineffi- cacy of measures taken upon the suppression of the late dangerous sedition to eradicate the evil, shews the extreme difficulty with which men are led, in most cases, to make any great or just refor- mation. It is somewhat singular, that about this time, in the midst of so much animosity of the people to the Senate and Nobles, this superior and probably more opulent class of the citizens were the patrons of au- sterity, and contended for sumptuary laws, while the popular Tribunes contended for license and the abo- lition of former restraints. "What is your liberty," said the Tribune Duronius to the people, (while he moved for a repeal of the sumptuary law of Fan- nius)," if you may not enjoy what is your own; if you must be directed by rule and measure; ; if you must be stinted in your pleasures ?-Let us <6 Cic. Philip. v. Pro domo sua. Epist. ad Atticum. lib. ii. 108 THE PROGRESS AND TERMINATION [C. XIII. 1 "shake off, I pray you, these musty remains of an- "tiquity, and make free to profit by what we and "our fathers have gained *." Cn. Corne- For the petulance of these expressions, this Tri- U. C. 656. bune was, by the judgment of the Censors, lius Lentu. on the following year, expelled from the lus, P. Li- Senate; and he took his revenge by prose- cuting the Censor Antonius for bribery in canvassing for the very office he now held. cinius Cras- sus. Cn. Cornelius Lentulus and Publius Licinius Cras- sus being raised to the Consulate, the latter was ap- pointed to relieve Didius in Spain, and the other to succeed Metellus in Italy. There is, during some years, a considerable deficiency in the materials from which our accounts are collected; little more is re- corded than the succession of Consuls, with the number of years that elapsed, and a few particu- lars that ill supply the interval of what passed in the city, or in the series of important affairs abroad. So far as these particulars, however, can be referred to their respective dates, it will be proper, while we endeavour to mark the lapse of time, to record them in the order in which they are supposed to have hap- pened. In the present year are dated two remarkable acts of the Senate; one to prohibit re- U. C. 656. course to magic, another to abolish the practice of human sacrifices t: the first proceeding, perhaps, from credulity in the authors of the law; the other implying some remains of a gross and in- * Val. Max. lib. ii, c. 9. + Plin. lib. xxx, c. 1. C. XIII.] 109 OF THE ROMAN REPUBLIC. human superstition, which was still entertained by the people, though rejected by the government *. In the following Consulate the kingdom of Cy- rené was bequeathed to the Romans by Ptolemy Appion, the late king. But, as this people profess- ed themselves to be the general patrons of liberty, where this blessing was not forfeited by some act of ingratitude or perfidy in their allies, they did not avail themselves of this legacy, leaving the subjects of Cyrené to retain for some time the independence of their nation, with a species of popular govern- ment; and in this condition they were allowed to act the part of a separate state, until, under a gene- ral arrangement respecting all the dependencies of the Roman empire, the territories of Cyrené, among the rest, were reduced to the form of a province. The following Consuls gave its name and its date to an act of the people, nearly of the same tenor with some of those which were for- Q. Mucius merly passed for the exclusion of aliens. The inhabitants of Italy still continued de Civibus the practice of repairing in great numbers to Rome, if not in expectation of obtain- ing in a body the prerogative of citizens, at least in hopes of intruding themselves individually, as many of them separately did, into some of the Tribes, by which persons of this extraction came by degrees, from voting at elections, to be themselves elected into the higher offices of state. U. C. 658. L. Licini- us Crassus, Scævola. Lex Lici- nia Mucia regendis. Times of faction were extremely favourable to * Dion. Cassius, lib. xlii, p. 226. 110 THE PROGRESS AND TERMINATION [c. XIII. + op- this intrusion of strangers. Different leaders con- nived at the enrolment of those who were likely to favour their respective parties. And the factious Tribunes, however little they may have favoured the general claim of the allies to be admitted as Ro- mans, fondly espoused their cause, as matter of position to the Senate, and as likely to open a more spacious field for their own operations; as they ex- pected to raise the storm of popular animosity and tumult with the more ease, in proportion as the numbers of the people increased. By the act of Licinius and Mucius, nevertheless, a scrutiny was set on foot, and all who, without a just title, ven- tured to exercise any privilege of Roman citizens, were remitted to their several boroughs*. In this consulate is likewise dated the trial of Servilius Cæpio, for his supposed misconduct about ten years before in his command of the army against the Cimbri. He had exasperated the popular fac- tion by opposing the act of Saturninus for the gra- tuitous distribution of corn, and his enemies were now encouraged to raise this prosecution against him. The people gave sentence of condemnation, and violently drove from the place of assembly two of the Tribunes who ventured to interpose their negative in his favour. Authors, according to Va- lerius Maximus, have differed in their accounts of the sequel; some affirming that Cæpio, being put to death in prison, his body was dragged through the streets as that of a traitor, and cast into the river; * Ascon. in Orat. pro Cornelio Majest. rea c. XIII.] 111 OF THE ROMAN REPUBLIC. others, that he was, by the favour of Antistius, one of the Tribunes, rescued, or enabled to make his es- cape *. C. Norbanus, who was said to be author of the riot, which occasioned the condemnation of Cæpio, and the supposed cruel execution of that citizen, was, on the following year, brought to trial himself for mal-administration and sedition in office; but, by his own popularity, and the address of the orator Antonius, who pleaded his cause, was acquitted t. The war in Spain still continued; and the Ro- mans, having gained considerable victories, sent ten commissioners, to endeavour, in concert with Cras- sus and Didius, to make such arrangements as might tend to the future peace of those provinces; but in vain: hostilities were again renewed in the following year. L. Cornelius Sylla, who had been Quæstor in the year of Rome six hundred and forty-six, now, after an interval of about fourteen years, and without having been Edile, U. C. 660. C. Val. Flaccus, M. Hier- rennius. stood candidate for the office of Prætor. Whether his neglect of political honours, during this period, proceeded from idleness, or from want of ambition, is uncertain. His character will justify either construction, being equally susceptible of dis- sipation and of the disdain of ordinary distinctions. The people, however, refused to gratify him in his desire of passing on to the office of Prætor without being Edile; as they were resolved to be gratified * Val. Max. lib. iv, c. 7. ↑ Cicero de Orator. lib. ii. 112 [c. XIII. THE PROGRESS AND TERMINATION with the magnificent shows of wild beasts, which his supposed correspondence with the king of Mauritania enabled him to furnish. But to remove this objec- tion to his preferment, he gave out, that as Prætor he should exhibit the same shows which were ex- pected from him as Edile; and having, in the fol- lowing year, persisted in his suit, he was according- ly elected, and fulfilled the expectations of the peo- ple; insomuch, that he is said to have let loose in the Circus one hundred maned or male lions, and to have exhibited the method of baiting or fighting them by Mauritanian huntsmen *. Such was the price which candidates for preferment at Rome were obliged to pay for the suffrage of the people. In this variable scene, where so many particular men excelled in genius and magnanimity, while measures of state were affected by the caprice of a disorderly multitude, P. Rutilius, late Quæstor in Asia, exhibited a spectacle more than sufficient to counterbalance the lions of Sylla; and, if it were permitted in any case whatever to treat our country with disdain, furnished an instance to be applauded of the just contempt with which the undeserved re- sentments of corrupt and malicious men may be slighted. Having reformed many abuses of the equestrian tax-gatherers in the province which he governed, he was himself brought before the tribu- nal of an equestrian jury, to be tried for the crime he had restrained in others. In this situation he declined the aid of any friend, told the judges he * Plin. lib. viii, c. 16. c. XIII.] 113 OF THE ROMAN REPUBLIC. would make no defence; but stated the particulars by which he had offended his prosecutors, left the court to decide, and, being condemned, retired to Smyrna, where he ever after lived in great tranquil- lity, and could not be prevailed on, even by Sylla in the height of his power, to return to Rome *. Great as the state and republic of Rome was be- come, unmerited disgrace was certainly a just object of contempt or indifference, to the worthy person on whom it was inflicted. The Proconsuls, Didius and Crassus, were per- mitted to triumph for victories obtained in Spain, but had not been able to establish the peace of that country. The conduct of the war which broke out afresh in one of the provinces was committed to Va- lerius Flaccus, and that of the other to Perperna, one of the Consuls. Flaccus, near the town of Belgida, obtained a great victory, in which were slain about twenty thousand of the enemy; but he could not prevail on the canton to submit. Such of the people as were inclined to capitulate, having met to delibe- rate on terms, were beset by their fellow-citizens, and the house in which they were assembled being set on fire, they perished in the flames. The war having been likewise renewed with the Thracians on the frontiers of Macedonia, U. C. 661. C. Claudius Geminius, who commanded there in the Pulcher, M. Perperna. quality of Proprætor, was defeated, and the province overrun by the enemy. * Val. Max. lib. vi, c. 17. Liv. lib. lxx. Orosius, lib. v, c. 17. Cic. de Orator. et in Bruto. Pædianus in Divinationem. Velleius, lib. ii. VOL. II. H 114 [c. XIII. THE PROGRESS AND TERMINATION The Prætor Sylla, at the expiration of his office, was sent into Asia with a commission to restore Ariarathes to the kingdom of Cappadocia, which had been seized by Mithridates, and to restore Py- lamenes to that of Paphlagonia, from which he had been expelled by Nicomedes king of Bithynia. The Prætor having successfully executed both these com- missions, continued his journey to the Euphrates, where he had a conference, and concluded a treaty with an ambassador from Ariarathes king of the Par- thians *. From an edict of the Censors, Cn. Domitius Ahe- nobarbus and C. Licinius Crassus, condemning the schools of Latin rhetoric †, it appears that the Ro- mans, during this period, still received with reluc- tance the refinements which were gradually taking place in the literary as well as in the other arts. "Whereas information," said the Censors in their edict, "has been lodged before us, that schools "are kept by certain persons under the title of La- "tin rhetoricians, to which the youth of this city "resort, and at which they pass entire days in fri- volity and sloth; and whereas our ancestors have "determined what their children should learn, and "what exercises they ought to frequent: these in- "novations on the customs and manners of our "forefathers being, in our opinion, offensive and "wrong, we publish these presents, that both mas- * Plutarch. in Sylla. Appian. in Mithridatico. Justin. lib. xxxiii. Stra- bo, lib. xii. + Cicer. de Orator. lib. iii, c. 24. C. XIII.] 115 OF THE ROMAN REPUBLIC. "ters and scholars, given to these illicit practices, may be duly apprised of our displeasure *." 66 Ci- cero being now fourteen years of age, and employed in acquiring that eloquence for which he became so famous, was probably involved in this censure, as frequenting the schools, which, by this formal edict of the magistrate, were condemned. Lucius Mar- pus, Sextus Julius Cæ- sar. In the Consulate of Marcius Philippus and Sext. U. C. 662. Julius Cæsar, according to Pliny, there cius Philip were in the Roman treasury sixteen hun- dred and twenty-eight thousand eight hun- dred and twenty-nine pondo † of gold ‡, or between sixty and seventy or eighty millions Ster- ling. In the same year a present sent from the king of Mauritania had nearly produced a civil war in the commonwealth, or at least inflamed the pas- sions from which that calamity soon after arose. Bocchus, in order to remind the Romans of the me- rit he had acquired by delivering Jugurtha into their hands, had caused this scene to be represented in a groupe of images of gold, containing his own figure, that of Jugurtha, and that of Sylla, to whom the unhappy prince was delivered up. Marius, under whose auspices this transaction had passed, being provoked at having no place in the groupe by which it was represented, attempted to pull down the ima- ges after they had been erected in the place of their destination in the Capitol. Sylla was equally soli citous to have them remain; and the contest was * A. Gellius, lib. xv, c. 11. + The Roman pondo of ten ounces. Plin. Harduen, lib. xxxiii, c. 3. H 2 116 [c. XIII. THE PROGRESS AND TERMINATION likely to end in violence, if matters of greater mo- ment had not arisen to occupy the ardent and vehe- ment spirit of these rivals. Lex de Ju- ture. The expectations of all parties at Rome, and throughout Italy, were now raised by the projects of Livius Drusus, an active Tribune, who, in order to distinguish himself, brought forward many sub- jects of the greatest concern to the public. He act- ed at first in concert with the leading men of the Senate, and was supported by them in order to ob- tain some amendment in the law as it then stood re- specting the courts of justice. The Equestrian or- der had acquired exclusive possession of the judica- The Senators wished to recover at diciis. least a share in that prerogative; and Dru- sus, in order to gratify them, moved for an act of which the tendency was, to restore the Senators to their place in forming the courts of justice; and to prevent opposition from the Equestrian order, he proposed, at once, to enrol three hundred knights into the Senate; and that the Senators, who appear at this time to have amounted to no more than three hundred, might not withstand this increase of their numbers, he left to each the nomination of one of the new members; proposing, that from the six hundred so constituted, the list of judges should be taken *. Many of the knights were reconciled to this arrangement, by the hopes of becoming Sena- tors; but the order, in general, seem to have consi- * Appian. de Bell. Civ. lib. i. Aut. de Viris Illustribus, c. 66. Cicero pro Clientio. c. XIII.] 117 OF THE ROMAN REPUBLIC. dered it as a snare laid to deprive them of their con- sequence in the government of their country; and individuals refused to accept of a place in the Se- nate, at the hazard of so great and so sudden a change in the constitution of the state, and in the condition of an order from which they derived their consequence *. This Tribune likewise proposed an act to debase Lex Num- the silver coin, by mixing an eighth of alloy. maria. But the part of his project which gave the greatest alarm, was that which related to the indi- gent citizens of Rome, and to the inhabitants of Italy in general. With a view to gratify the poorer citizens he pro- Lex de Co- posed, that all the new settlements, pro- loniis. jected by the law of Caius Gracchus, should now be carried into execution. The Consul Marcus Perperna, having ventured to oppose this proposal, was, by order of the Tribune, taken into custody; and so roughly treated in the execution of this order, that, while he struggled to disengage himself, the blood was made to spring from his nostrils. "It is "no more than the pickle of the turtle-fish t," said the Tribune; a species of delicacy, in which, it seems, among other luxuries of the table, this Consul was supposed frequently to indulge himself. Appian. de Bell. Civ. lib. i. Aut. de Viris Illustribus, c. 66. Cicero pro Clientio. + "Ex turdis maria." Aut. de Viris Illustribus, in L. Drus. Val. Max. lib. ix, c. 4. Florus. 118 THE PROGRESS AND TERMINATION [c. XIII. For the allies of Italy, Livius Drusus proposed to obtain the favourite object on which they had been so long intent, their admission. Lex de Ci- vitate Sociis danda. 4 on the rolls of Roman citizens. In all his other proposals, he had the concurrence of some party in the commonwealth, and by persuasion, or force, had obtained his purpose; but in this he struck at the personal consideration of every citizen, and was opposed by the general voice of the people. This Tribune used to boast, that he would exhaust every fund from which any order of men could be gratified, and leave to those who came after him nothing to give but the air and the earth *. The citizens, however, in general, were become tired of his favours, and the people of Italy were ill disposed to requit the merit of a project, which, though in their favour, he had not been able to execute. Soon after the motion which Drusus made for this great and alarming innovation, he was suddenly taken ill in the public assembly, and Papirius Carbo, another of the Tribunes, made a short speech on the occasion, which, among a people prone to supersti- tion, and ready to execute whatever they conceived to be awarded by the gods, probably hastened the fate of his falling colleague: "O Marcus Drusus !" he said, "the father I call, not this degenerate son; "thou who usedst to say, The commonwealth is sa- "cred, whoever violates it is sure to be punished. "The temerity of the son may soon evince the wis- "dom of the father." A great shout arose in the * Florus, lib. iii, c. 17. c. XIII.] 119 OF THE ROMAN REPUBLIC. assembly, and Drusus, being attended to his own house by a numerous multitude, received in the crowd a secret wound of which he died t. All his laws were soon after repealed, as having passed un- der unfavourable auspices. But the inhabitants of Italy were not to be appeased under their late dis- appointment, and discontents were breaking out in every part of the country, which threatened to end in some great convulsion. In this state of public alarm, some prosecutions were raised by the Tribunes, calculated merely to gratify their own private resentments, and tending at the same time to excite extreme animosities. Q. Varius Hybrida obtained a decree of the people, directing, that inquiry should be made by whose fault the allies had been made to expect the freedom of the city. In consequence of an inquest set on foot for this purpose, L. Calpurnius Bestia, late Consul, and M. Aurelius Orator, and other eminent men, were condemned ‡. Mummius Achaicus was banished to Delos. Emilius Scaurus, who had long maintained his dignity as Princeps, or first on the roll of the Se- nate, was cited on this occasion before the people as a person involved in the same guilt. Quintus Varius, the Tribune who accused him, being a na- tive of Spain, Scaurus was acquitted upon the follow- ing short defence: "Q. Varius, from the banks of "the Sucro, in Spain, says, That M. Emilius Scau- rus, first in the roll of the Senate, has encouraged << * Cicero in Bruto, p. 63. + Velleius, lib. ii, c. 13, 14. Appian. Florus, lib. iii, c. 17. ‡ Appian. Val. Max. lib. viii, c. 4. Cicero in Bruto. 120 [c. XIII. THE PROGRESS AND TERMINATION your subjects to revolt; Varius maintains the "charge; Scaurus denies it; there is no other evi- dence in this matter; choose whom you will be- "lieve *." The year following, Varius himself was tried, and condemned in terms of his own act; and while these prosecutions suspended all other civil affairs, and even interrupted the measures required for the safe- ty of the public, the inhabitants of Italy were form- ing dangerous combinations, and were ready to break out in actual rebellion. They were exasperated with having their suit not only refused, but in having the abettors of it at Rome considered as criminals. They deputed commissioners to meet at a convenient place, to concert their measures, and were speedily advancing to the effect of some violent resolutions. The Romans took their first suspicion of a danger- ous design in agitation among their allies, from ob- serving that they were exchanging hostages among themselves. The Proconsul Servilius, who command- ed in the Picenum, having intelligence of such pro- ceedings from Asculum, repaired thither, in order, by his presence, to prevent any commotion; but his coming, in reality, hastened the revolt. His remon- strances and his threats made the inhabitants sensi- ble that their designs were known, and that the exe- cution of them could no longer be in safety delayed. They accordingly took arms, and put to the sword the Proconsul Servilius himself, with his lieutenant, * Cicero pro M. Scauro filio. Aut. de Viris Illustribus, c. 72. Quinti- Jian, lib. v, c. 12. Val. Max. lib. iii, c. 7. c. XIII.] 121 OF THE ROMAN REPUBLIC. and all the Roman citizens who happened to be in the place. The alarm immediately spread through- out all the towns that were concerned in the plot; and, as upon a signal agreed, the Marsi, Peligni, Ves- tini, Marcini, Picentes, Ferentanæ, Hirpini, Pom- peiani, Venusini, Apuli, Lucani, and Samnites, took arms, and in this menacing posture sent a joint de- putation to Rome, to demand a participation in the privilege of citizens; of which they had, by their ser- vices, contributed so largely to increase the value. In answer to this demand they were told by the Senate, That they must discontinue their assemblies, and renounce their pretensions; otherwise, that they must not presume to send any other message to Rome. U. C. 366. L. Julius Cæsar, P. Rutilius Lupus. War being thus declared, both parties prepared for the contest. The allies pitched upon Corfinium for the capital of what they de- nominated the Italian Republic: they in- stituted a Senate of five hundred members; elected two Consuls, with other civil and military officers of state, to replace the political government at Rome, from which they now withdrew their alle- giance. They mustered in separate bodies, and un- der different leaders, one hundred thousand men in arms *. The Romans now found themselves in an instant brought back to the condition in which they had been about three hundred years before; reduced to a few miles of territory round their walls, and be- set with enemies more united, and more numerous * Diodorus, lib. xxxvii, Eclog, 1. 122 [c. XIII. THE PROGRESS AND TERMINATION than ever had assailed them at once on the same ground. But their city was likewise enlarged, their numbers increased, and every individual excellently formed to occupy his place in the state, either as a warrior or a citizen. All of them assumed, upon this occasion, the sagum or military dress; and be- ing joined by such of the Latins as remained in their allegiance, and by such of their colonies, from dif ferent parts of Italy, as continued to be faithful, to- gether with some mercenaries from Gaul and Nu- midia, they assembled a force equal to that of their revolted subjects. The Consuls were placed at the head of the two principal armies; Lucius Julius Cæsar, in the coun- try of the Samnites *, and Rutilius, in that of the Marsit. They had under their command the most celebrated and experienced officers of the republic; but little more is preserved to furnish an account of the war besides the names of the Roman comman- ders, and those of the persons opposed to them. Rutilius was attended by Pompeius Strabo, the fa- ther of him who afterwards bore the title of Pompey the Great; Cæpio, Perperna, Messala, and Caius Marius, of whom the last had already so often been Consul. Lucius Cæsar had, in the army which he commanded, Lentulus, Didius, Crassus, and Mar- cellus. They were opposed by T. Afranius, P. Ventidius, Marcus Egnatius, Q. Pompedius, C. Pa- pius, M. Lamponius, C. Judacilius, Hircus, Assinius, Now part of the kingdom of Naples. + Contiguous part of the Ecclesiastical State. c. XIII.] OF THE ROMAN REPUBLIC. 123 The and Vetius Cato, at the head of the allies. forces were similar in discipline and in arms. The Romans were likely to be inferior in numbers and in resources, but had the advantage in reputation, authority, and in the fame of their leaders, employ- ed in the highest stations, and inured to command. But so well had the allies taken their measures, and with so much animosity did they enter into a quar- rel which they had been meditating for some years, that the Romans appeared at first unequal to the contest, and were surprised and overcome in sundry encounters. The detail of these operations is imperfectly re- corded, and does not furnish the materials of a re- lation either interesting or instructive. We must therefore content ourselves with little more than a list of actions and events, together with the general result. One of the Consuls, Lucius Cæsar, in the first operation of the war, was defeated by Vetius Cato near Esernia, and had two thousand men killed in the field. The town of Esernia was immediately in- vested, and some Roman officers of distinction were obliged to make their escape in the disguise of slaves. Two Roman cohorts were cut off at Vena- frum, and that colony fell into the hands of the ene- my. The other Consul, Rutilius, was likewise de- feated by the Marsi, and fell in the field, with eight thousand men of his army. His colleague was call- ed to the city to preside at the election of a succes- sor; but being necessarily detained with the army, the office continued vacant for the remainder of the 124 The progress AND TERMINATION [C. XIII. M campaign, while the army acted under the direction of the late Consuls, Marius and Cæpio. The corpse of Rutilius, and of other persons of rank, being brought to the city in order to have the honours of a public funeral, seemed to spread such a gloom, as to suggest a resolution in the Senate, which is probably wise on all such occasions, that for the future the dead should be buried where they fell. In the mean time, Lucius Cæsar obtained a vic- tory in the country of the Samnites; and the Se- nate, in order to compose the minds of the people, which in this war were agitated to an uncommon de- gree, as if this victory had suppressed the revolt, re- solved, that the sagum, or military dress, should be laid aside *. The usual time of the Consular elections being come, Cn. Pompeius Strabo and Porcius Cato were named. The first gained a U. C. 664. Cn. Pomp. Strabo, L. Porcius Cato, complete victory over the Marsi; and not- withstanding an obstinate defence, reduced the city of Asculum, where the first hostilities took place, and where the Romans had suffered the great- est outrage. The principal inhabitants of the place were put to death; the remainder were sold for slaves. The other Consul, Cato, was killed in an at- tack upon the entrenchments of the Marsi; and al- though Marius and Sylla, in different quarters, had turned the fortune of the war against the allies, yet the event still continued to be extremely doubtful. • Liv. lib. lxxiv. Appian. Orosius, lib. v, c. 18. Florus, lib. iii, c. 18. Velleius. Eutropius. c. XIII.] 125 OF THE ROMAN REPUBLIC. The Umbrians, Etruscans, and inhabitants of other districts of Italy, who had hitherto hesitated in the choice of their party, took courage from the perseverance and success of their neighbours, and openly joined the revolt. The more distant parts of the empire were soon likely to receive the con- tagion they were already, by the obstruction they met with in carrying supplies of provisions or reve- nue, severed from the capital, and they were likely to withdraw, on the first opportunity, the allegiance which they were supposed to owe as conquered pro- vinces. Mithridates, the king of Pontus, did not neglect the occasion that was offered to him, in this distrac- tion of affairs in Italy; he put all his forces in mo- tion, expelled Nicomedes from Bithynia, and Ario- barzanes from Cappadocia, and thus himself became master of the greater part of Lesser Asia. In this extremity it appeared necessary at Rome to compose the disorders of Italy, and no longer to withstand the request of the allies; but the Senate had the address to make the intended concessions seem to be an act of munificence and generosity, not of weakness or fear. The Latins, who had continued in their allegiance, were, in consideration of their fidelity, admitted to all the privileges of Roman citizens. The Umbri and Tuscans, who either had not yet declared, or who had appeared the least active in the quarrel, were next comprehended; and some other inhabi- tants of Italy, observing, that they were likely to ob- tain by favour what they endeavoured at so great a 126 THE PROGRESS AND TERMINATION [C. XIII. risk to extort by force, grew remiss in the war, or withdrew from the league, that they might appear to be forward in the general return to peace. The Marsi, Samnites, and Lucanians, who had been the principal authors of the revolt, or who had acted with most animosity in the conduct of it, con- tinued for some time to be excluded from the privi lege to which they aspired, and which the Romans would not be forced to bestow. But the civil war which soon after broke out among the citizens them- selves, terminated either in the extirpation of those obstinate aliens, and in the settlement of Roman co- lonies in their stead, or gave them an opportunity, under favour of the party they espoused, of gaining admittance to the freedom of Rome: so that, in a few years, all the inhabitants of Italy, from the Ru- bicon to the Straits of Messina, were inscribed on the rolls of the people, and a constitution of state, which had been already overcharged by the numbers who partook of the sovereignty, was now altogether overwhelmed; or if this change alone were not suf ficient to destroy it, was not likely long to remain without some notable or fatal reverse. Assemblies of the people, already sufficiently tumultuary, being now considered as the collective body of all the Ita- lians, were become altogether impracticable, or for the most part could be no more than partial tumults, which, for particular purposes, assumed this title, in the streets of Rome, or the contiguous fields; inso- much, that when we read of the authority of the Se- nate being set aside by an order of the people, we may venture to conceive all government suspended c. XIII.] 127 OF THE ROMAN REPUBLIC. at the suit of the party or faction who had the popu- lace of the town at their call, rather than any regu- lar transaction of state. Licinius Crassus and L. Julius Cæsar were chosen Censors, in order to make up the new rolls of the people. This, it is likely, was found to be a diffi- cult and tedious work. It became necessary to scru- tinize the rolls of every separate borough, in order to know who were entitled to be added to the list of Roman citizens; and this difficulty was further in- creased in consequence of a law devised about this time by Papirius Carbo, in which it was enacted, that not only the natives and ancient denizens of Italy, but all who should, for the future, obtain the freedom of any Italian borough, if they had a resi- dence in Italy, and lodged their claim to the Prætor sixty days, should, by that act, become citizens of Rome*; so that the prerogative of the Roman peo- ple continued to be in the gift of every separate cor- poration, as well as in that of the state itself. The number of the aliens admitted on the rolls, at this muster, is not recorded; but it was probably equal to that of the ancient citizens, and might have instantly formed a very powerful and dangerous fac- tion in the state, if effectual measures had not been taken to diminish or guard against the effect of their influence. For this For this purpose, the new citizens were not mixed promiscuously with the mass of the peo- ple, but confined to eight particular Tribes t; and of consequence, could influence only eight votes in * Cicero pro Archia Poeta. + Velleius Paterculus, lib. ii, c. 20. 128 THE PROGRESS AND TERMINATION [c. XIII. thirty-five*; and the ancient citizens were still pos- sessed of a great majority. But this artifice did not long escape the attention of those who were aggrie- ved by it, and became, in the sequel, subject of far- ther dispute. Meantime, while the Romans were meditating, or actually making, this important change in the state of their commonwealth, they found leisure for mat- ters of less moment, in which they endeavoured to provide for the peace of the city, and the admini- stration of justice. Lex Plotia de Judiciis. Plautius, one of the Tribunes, obtained a new law for the selection of judges, by which it was enacted, that each Tribe should annually set apart fifteen citizens, without any distinction of rank; and that, from the whole so named, the judges in all trials that occurred within the year should be taken t. This law appeared to be equitable, as it gave, with great propriety, to all the different classes of men in the commonwealth, an equal right to be named of the juries: and to every party con- cerned an equal chance of being tried by his peers. The same Tribune likewise obtained a law for the preservation of the public peace, by which it was declared capital to be seen in any place of public resort, with a weapon or instrument of death to occupy any place of strength in the Lex Plotia de Vi. • Historians mention this particular, as if eight new Tribes were added to the former thirty-five; but the continual allusion of Roman writers to the number thirty-five, will not allow us to suppose any augmentation. Cicero de lege Agraria 2da, c. 8. Pædianus in Cornelianam Ciceronis. 1 c. XIII.] 129 OF THE ROMAN REPUBLIC. city; to offer violence to the house of any person; to disturb any private company; to interrupt any meeting of the Senate, assembly of the people, or court of justice. To these clauses Catulus subjoined another, in which he comprehended persons sur rounding the Senate with an armed force, or offering violence to any magistrate *. • Cicero pro Cælio, et de Auruspicum Responso. VOL. II. I 130 THE PROGRESS AND TERMINATION [c. XIV. CHAP. XIV. Triumph of Pompeius Strabo.-Progress of Sylla.—War with the king of Pontus.-Rise of that kingdom.-Appointment of Sylla to command.-Policy of the Tribune Sulpicius.- Sylla's commission recalled in favour of Marius.-His march from Campania to Rome.-Expels Marius and his faction from the city. His operations in Greece.-Siege of Athens. -Battle of Charonea.Of Orchomenos.Transactions at Rome.-Policy of Cinna.-Marius recalled.-Cinna flies, and is deprived.-Recovers the possession of Rome.-Treaty of Sylla with Mithridates.—He passes into Italy.—Is op- posed by numerous armies. Various events of the war in Italy.-Sylla prevails.-His proscription, or massacre.— Named Dictator.-His policy,-resignation,—and death. THE Social war, though far from being successful on the part of the Romans, concluded with a tri- umphal procession; and the Senate, though actually obliged to yield the point for which they contended, thought proper, under pretence of advantages gained on some particular occasions, to erect a trophy. They singled out Pompeius Strabo for the pageant in this ceremony; either because he had reduced Asculum where the rebellion first broke out, or because a vic- tory obtained by him had most immediately preced- ed the peace. But the most remarkable circumstance in this procession was, its being, in show, a triumph of the old citizens over the new, but in reality a tri- c. XIV.] 131 OF THE ROMAN REPUBLIC. umph of the latter. Ventidius Bassus, being a pri- soner in the war, and led as such in the present tri- umph, was now, though in the form of a captive, in fact introduced to share in the prerogatives of a Ro- man; he was, in the sequel, promoted to all the ho- nours of the state; and, in the quality of a victo- rious general, came to lead a procession of the same kind with that in which he himself had made his first entry at Rome as a captive Sylla, by his conduct and his successes wherever he had borne a separate command in this war, gave proof of that superior genius by which he now be- gan to be distinguished. By his magnanimity on all occasions, by his great courage in danger, by his imperious exactions from the enemy, and by his la- vish profusion to his own troops, he obtained, in a very high degree, the confidence and attachment of soldiers; and yet in this, it is probable, that he acted merely from temper, and not from design, or with any view to the consequence. With so careless and so bold a hand did this man already hold the reins of military discipline, that Albinus, an officer of high rank, and next in command to himself, being killed by the soldiers in a mutiny, he treated this outrage as a trifle, saying, when the matter was reported to him, That the troops would atone for it when they met with the enemy †. With Pomp. Ru- great merits recently displayed, he repair- ed to the city, laid claim to the Consulate, U. C. 665. L. Corn. Sylla, Q. fus, Coss. * Val. lib. vi, c. 9: Gellius, lib. xv, c. 4. Plin. lib. vii, c. 43. Dio Cassius, 43, finc. + Plutarch. in Sylla. I 2 132 [c. XIV. THE PROGRESS AND TERMINATION and was accordingly chosen, in conjunction with Quintus Pompeius Rufus. It was thought necessary still to keep a proper force under arms in Italy, until the public tranquil- lity should be fully established. The The army, which had acted under Cneius Pompeius Strabo, Consul of the preceding year, was destined for this service; and Quintus Rufus was appointed to the command of it. The war with Mithridates, king of Pontus, how- ever, was the principal object of attention; and this province, together with the army then lying in Cam- pania, fell to the lot of Sylla. The monarchy of Pontus had sprung from the ruins of the Macedonian establishments in Asia; and, upon their entire suppression, was become one of the most considerable kingdoms of the East. Mithridates had inherited from his ancestors a great extent of territory, reaching in length, accord- ing to the representation of his ambassador quoted by Appian, twenty thousand stadia, above two thou- sand miles. He himself had joined to it the king- dom of Colchis, and other provinces on the coasts of the Euxine sea. His military establishment a- mounted to three hundred thousand foot, and forty thousand horse, besides auxiliaries from Thrace, and from that part of Scythia which lies on the Mootis and the Tanais, countries over which he had acqui- red an ascendant approaching to sovereignty. He had pretensions likewise on the kingdoms of Bithy- nia and Cappadocia, which he had hitherto relin- quished from deference to the Romans; or of which c. XIV.] 133 OF THE ROMAN REPUBLIC. he had postponed the effect until he should be pre- pared to cope with this formidable power. All his pretensions, indeed, like those of other monarchies or states of any denomination, were likely to extend with his force, and to receive no limitation but from the defect of his power. And such were his resour- ces, and his personal character, that if he had en- countered on the side of Europe with an enemy less able than the Romans were to withstand his progress, it is probable that in his hands the empire of Pontus might have vied with that of the greatest conquerors recorded in history. About the time that the social war broke out in Italy, Cassius Longinus, Manius Acquilius, and C. Oppius, were, in different characters, stationed in the province of Asia, and had taken under their protection every power in the country that was like- ly to oppose the king of Pontus in his progress to empire. Nicomedes, who had been recently restored to the crown of Bithynia, made hostile incursions under the encouragement of his Roman allies, even into the kingdom of Pontus itself. And the king, having made fruitless complaints on this subject to the Ro- man governors in Asia, and thinking that the dis- tracted state of Italy furnished him with a favour- able opportunity to slight their resentment, he sent his son Ariarathes into Cappadocia with a force to expel Ariobarzanes, though an ally of the Romans, and to possess that kingdom. He took the field himself, and sent powerful armies, under his gene- rals, against Nicomedes, and his Italian confederates, 134 [c. XIV. THE PROGRESS AND TERMINATION who, on their part, had assembled all the force of their province and of their allies, to the amount of an hundred and twenty thousand men, in different bodies, to defend their own frontier, or to annoy their enemy. Mithridates fell separately upon the different par- ties which were thus forming against him; and ha- ving defeated Nicomedes, and afterwards Manius, obliged the Roman officers, with their ally, to re- tire; Cassius to Apamea, Manius towards Rhodes, and Nicomedes to Pergamus. His fleet, likewise, consisting of three hundred galleys, opened the passage of the Hellespont, took all the ships which the Romans had stationed in those straits; and he himself soon after in person traversed Phrygia and the Lesser Asia, to the sea of Cilicia and Greece, In all the cities of the Lesser Asia, where the peo- ple, as usual, upon a change of masters, now open- ly declared their detestation of the Roman domi- nion, he was received with open gates. He got pos- session of the person of Oppius, by means of the inhabitants of Laodicea, where this general had taken refuge with a body of mercenaries. These were allowed to disband; but Oppius himself was conducted as a prisoner to the head-quarters of Mi- thridates, and, in mockery of his state as a Roman governor, was made to pass through the cities in his way, with his fasces or ensigns of magistracy carried before him. Manius Acquilius likewise fell into the hands of the enemy, was treated with similar scorn, and with a barbarity which nothing but the most criminal c. XIV.] 135 OF THE ROMAN REPUBLIC, abuse of the power he lately possessed could have deserved or provoked. Being carried round the ci- ties of Asia mounted on an ass, he was obliged at every place to declare, that his own avarice had been the cause of the war; and he was at last put to death by the pouring of melted gold into his throat. While Mithridates thus overwhelmed his enemies, and was endeavouring to complete his conquest of Asia by the reduction of Rhôdes, he ordered his ge- neral Archelaus to penetrate by the way of Thrace and Macedonia into Greece. Such was the alarming state of the war, when the Romans having scarcely appeased the troubles in Italy, appointed L. Cornelius Sylla, with six legions that lay in Campania, to embark for Greece, in order, if possible, to stem the torrent which no ordinary bars were likely to withstand. But before Sylla or his colleague could depart for their provinces, disorders arose in the city, which, however secure from the approach of foreign ene- mies, brought armies to battle in the streets, and covered the pavements of Rome with the slain. Publius Sulpicius, Tribune of the People, with a singular boldness and profligacy, ventured to tamper with the dangerous humours which were but ill sup- pressed in the event of the late troubles; and, unre- strained by the sad experience of civil wars and do- mestic tumults, lighted the torch anew, and kindled the former animosity of the popular and senatorian parties. The severe measures hitherto taken by the Senate and Magistrates against the authors of sedi 136 [c. XIV. THE PROGRESS AND TERMINATION tion, had, in some instances, been effectual to snatch the republic out of the hands of lawless men, and to suspend for a while the ruin which threatened the commonwealth; but the examples so given, instead of deterring others from a repetition of the same crimes, appear only to have admonished the factious leaders to take more effectual precautions, and to make the necessary provision of armed force before they embarked in designs against the state. They accordingly improved and refined by degrees on the measures which they successively took against the Senate; and when the Tribune Sulpicius began to act, the arrangements he made were equal to a sys- tem of formal war. This Tribune, according to Plutarch, had three thousand gladiators in his pay, and, in despite of the law of Plautius, had ever at his beck a numerous company of retainers armed with daggers and other offensive weapons; these he call- ed his Anti-senate; and kept in readiness to be em- ployed in attempts, which he was at no pains to dis- guise, against the authority of the Senate itself. He moved the people to recall from exile all those who had withdrawn from the city on occasion of the for- mer disorders, and to admit the new citizens, and enfranchised slaves, to be enrolled promiscuously in all the Tribes, without regard to the late wise li- mitation of the Senate's decree, by which they were restricted to a few. By the change which he now proposed, the citizens of least consideration might come to have a majority, or irresistible sway in the public deliberations. The Tribunes would become masters in every question, and fill up the rolls of C. XIV.] OF The roman republic. 137 the people in the manner that most suited their in- terest. This presumptuous man himself undertook to pro- cure the freedom of the city for every person who applied to him, and boldly received premiums in the streets for this prostitution of the privileges and powers of his own constituents. The more respectable citizens, and even the magis- trates, in vain withstood these abuses. They were overpowered by force, and frequently driven from the place of assembly. In this extremity, they had recourse to superstition, and by multiplying holy- days, endeavoured to stop or to disconcert their an- tagonists. But Sulpicius, with his party, laid vio- lent hands on the Consuls, in order to force them to recall these appointments. Young Pompey, the son of the present Consul, and son-in-law to Sylla, was killed in the fray. Sylla himself, though withdrawn from the tumult, feeling that he was in the power of this desperate faction, and being impatient to get into a situation in which he could more effectually counteract their fury, chose for the present to com- ply with their demands *. In the midst of these violences, the city being under an actual usurpation or tyranny, Sylla repair- ed to the army in Campania, with a resolution to pursue the object of his destination to Asia, and to leave the tribunitian storms at Rome to spend their force. But soon after his departure, it appear- ed that Marius was no stranger to the councils of * Plutarch, in Mario, p. 526, edit. Lond, 4to. 138 [c. XIV. THE PROGRESS AND TERMINATION Sulpicius; and that he hoped, by means of this Tri- bune, to gratify an ambition which outlived the vi- gour of his faculties, and the strength of his body. His first object was to mortify his rival Sylla, in re- voking, by a decree of the people, the appointment of the Senate, and to supersede him in the com- mand of the army against Mithridates. A decree to this purpose was accordingly with ease obtained by Sulpicius, in one of those partial conventions, which took upon them to represent the people of Italy in the streets of Rome; and Marius, now appointed general of the army in Campania, that was destined for the Asiatic war, sent the pro- per officers to notify his appointment to Sylla, and to receive from him, in behalf of his successor, the charge of the army, and the delivery of the stores. Sylla had the address to make the troops apprehend that this change was equally prejudicial to them as to himself; that Marius had his favourite legions whom he would naturally employ; and that the same act of violence, by which he had supplanted the general, would bring other officers and other men to reap the fruits of this lucrative service in Asia. This persuasion, as well as the attachment which the army already bore to their general, pro- duced its effect *. The officers who were charged to make known the appointment of Marius, on declaring their com- mission, found that violence could take place in the camp as well as in the city. Their orders were re- Appian. de Bell. Civil. lib. i. c. XIV.] 139 OF THE ROMAN REPUblic. ceived with scorn. A tumult arose among the sol- diers; and citizens vested with a public character, formally commissioned to communicate an order of the Roman people, and in the exercise of their duty, were slain in the camp. In return to this outrage, some relations and friends. of Sylla were murdered at Rome, and such retalia- tions were not soon likely to end on either side *. Faction is generally blind, and does not see the use that may be made of its own violent precedents a- gainst itself. Although Sylla is said to have hesita- ted, yet he was not a person likely to shrink from the contest, in which his private enemies, and those of the state, had engaged him. Stung with rage, and probably thinking that force would be justified in snatching the republic out of such violent hands, he proposed to the army that they should march to Rome. The proposal was received with joy; and the army, without any of the scruples, or any de- gree of that hesitation which in adopting this mea- sure is ascribed to their commander, followed where he thought proper to lead them. On this new and dangerous appearance of things, not only Marius and Sulpicius, with the persons most obnoxious on account of the insults offered to Sylla and to other respectable citizens, were sei- zed with consternation; but even the Senate and the Nobles, seeing questions of state likely to be deci- ded by military force, were justly alarmed. A faction, it is true, had assumed the authority of * Plutarch. in Mario, edit, Lond. p. 526. 140 [c. XIV. THE PROGRESS AND TERMINATION the Roman people, to violate the laws, and to over- awe the state; but armies, it was thought, are dan- gerous tools in the quarrels of party; and no good intention on the part of their leaders, no magnani- mity or moderation in the execution of their plans, can compensate the ruinous tendency of a prece- dent which brings force to be employed as an ordi- nary resource in political contests. Even the pre- sent state of the republic did not appear so despe- rate as to justify such a measure. The Senate accordingly sent a deputation to Sylla, with entreaties, and with commands, that he would not advance to the city. This deputation was received by him within a few miles of the gates. He heard the remonstrance that was made to him with patience, and seemed to be moved: gave or- ders, in the hearing of the deputies, that the army should halt; sent the proper officers to mark out a camp, and suffered the commissioners to return to their employers, full of the persuasion that he was to comply with their request. But in this he only meant to deceive his antagonists; and having lulled them into a state of security, he sent a detachment close on the heels of the deputies of the Senate, with orders to seize the nearest gate, while he him- self, with the whole army, speedily followed to sup- port them. The gate was accordingly seized. The people, in tumult, endeavoured to recover it; Marius se- cured the Capitol, summoned every person, whether freeman or slave, to repair to his standard; and mul- titudes assembled, as in a military station, to form c. XIV.] 141 of the rOMAN REPUBLIC. on the parade. Sylla, in the mean time, at the head of his army, rushed through the gate, of which his vanguard, though pressed by multitudes by whom they were attacked, were still in possession. He was greatly annoyed from the battlements and win- dows as he passed, and might have been repulsed by the more numerous army of Roman citizens in the streets, if he had not commanded the city to be set on fire, in order to profit by the confusion into which the people were likely to be thrown in avoid- ing or in extinguishing the flames. By this expe- dient he drove Marius from all the stations he had occupied, and obliged his adherents to disperse. While the army was distributed in different quar- ters of a city, deformed with recent marks of blood- shed and fire, their general assembled the Senate, and called on them to consider the present state of affairs. Among the measures he suggested on this occasion, was a law by which Marius, with his son, and twelve of his faction, who had secreted them- selves, were declared enemies of their country. This sentence was accompanied with a public in- junction to seize or to kill them wherever they could be found. The reasons upon which this act of at- tainder was granted, were, that they had violated the laws, and seduced the slaves to desert from their masters, and to take arms against the republic *. Appian. de Bell. Civil. lib. i, p. 587. The names mentioned in this act of attainder or outlawry, were Sulpicius, Marius, father and son, P. Cethegus, Junius Brutus, Cneius and Pub. Granii, Albinovanus, Marcus Suetonius. 142 THE PROGRESS AND TERMINATION [c. XIV. While the officers of justice were employed in execution of this decree, and many others were busy in search of their private enemies, thus laid at their mercy, the Tribune Sulpicius, having fled to the marshes on the coast near Laurentum, was dragged from thence and slain. His head, severed from the body, as that of a traitor, who had surpass- ed every leader of faction in the outrages done to the laws and the government of his country, was ex- posed on one of the rostra; an example afterwards frequently imitated, and which, though it could not enhance the evils of the times, became an additional expression of the animosity and rancour of parties against each other *. The Marius, upon his expulsion from Rome, retired to his own villa at Salonium; and being unprovided for a longer flight, sent his son to the farm of one Mutius, a friend in the neighbourhood, to procure what might be necessary for a voyage by sea. young man was discovered at this place, and nar- rowly escaped in a waggon loaded with straw, which, the better to deceive his pursuers, he had ordered to take the road to Rome. The father fled to Ostia, and there embarked on board a vessel which was provided for him by Numerius, who had been one of his partisans in the preceding disorders. Having put to sea, he was forced by stress of weather to Circeii, there landed in want of every necessary, and made himself known to some herdsmen, of * Velleius Paterculus, lib. ii, c; 19. c. XIV.] 143 OF THE ROMAN REPUBLIC. whom he implored relief. Being informed of the parties that were abroad in pursuit of him, he con- cealed himself for the night in a neighbouring wood. Afterwards, continuing his flight by the coast, and on his way to the town of Minturnæ, he was alarm- ed at the sight of some horsemen who seemed to be in search; made for the shore, and with much diffi- culty, got on board of a boat which was passing. The persons with whom he thus took refuge resisted the threats and importunities of the pursuers to have him delivered up to them, or thrown into the sea; but having rowed him to a supposed place of safety at the mouth of the Liris, they put him on shore, and left him to his fate. Here he first took refuge in a cottage, afterwards under a hollow bank of the river, and, last of all, on hearing the tread of the horsemen, who still pursued him, he plunged him- self to the chin in a marsh; but, though concealed by the reeds and the depth of the water, he was dis- covered and dragged from thence all covered with mud. He was carried to Minturnæ, and doomed by the magistrates of the place to suffer in execution of the sentence which had been denounced against himself and his partisans at Rome. He was, how- ever, by some connivance, allowed to escape from hence, again put to sea, and, at the island Ænaria, joined some associates of his flight. Being after- wards obliged to land in Sicily for a supply of wa- ter, and being known, he narrowly escaped with the loss of some of the crew that navigated his vessel. From thence he arrived on the coast of Africa, but, being forbid the province by the Prætor Sextilius, 144 [c. xv. THE PROGRESS AND TERMINATION continued to shift his abode among the islands or places of retirement on the coast *. This adventurer was in his seventieth year, when, by means of popular tumults, he made this attempt to overturn the Roman republic, and when he strove to obtain the command of an army in the busiest and most arduous service which the Roman empire had then to offer. Being forced, by his miscarriage in this attempt, into the state of an outlaw, he still amused the world with adventures and escapes, which historians record with the embellishments of a picturesque and even romantic description. A Gaulish or German soldier, who was employed at Minturnæ to put him to death, it is said, overawed by his aspect, recoiled from the task; and the peo- ple of the place, as if moved by this miracle of the terrified soldier, concurred in aiding his escape †. The presence of such an exile on the ground where Carthage had stood, was supposed to increase the majesty and the melancholy of the scene. "Go," he said to the lictor who brought him the orders of the Prætor to depart, " tell him that you have seen "Marius sitting on the ruins of Carthage +." The Senate, thus restored to its authority, and, by the suppression of the late sedition, masters of the city, took the proper measures to prevent, for the future, such violations of order from being in- troduced under pretence of popular government. They resolved that no question of legislation should • Plutarch. in Mario, edit. Lond. p. 534. + Velleius Pater. lib. ii, c. 19. Plutarch. in Mario. c. XIV.] 145 OF THE ROMAN REPUBLIC. ; and be agitated in the assembly of the Tribes* Sylla, before he left the city, thought proper to dis- patch the election of Consuls for the following year, but did not employ the power, which he now pos- sessed, to make the choice fall on persons who were both of the senatorian party. Together with Octa- vius, who had the authority of the Senate at heart, he suffered Cinna, though of the opposite faction, to be vested with the powers of Consul, and only exacted a promise from him not to disturb the pub- lic tranquillity; nor, in his absence, to attempt any thing derogatory of his own honour †. Having in this manner restored the city to an ap- pearance of peace, Sylla set out with his army for its destination in Greece. Quintus Rufus, the other Consul of the preceding year, at the same time re- paired to his province in the country of the Marsi, where, as has been mentioned, he was to succeed Cn. Strabo in the command of some legions; but being less agreeable to these troops than his prede- cessor had been, the soldiers mutinied upon his ar- rival and put him to death. Cn. Strabo, though sus- pected of having connived with them in this horrid transaction, was permitted to profit by it in keeping his station. So quick was the succession of crimes which distressed the republic, that one disorder es- caped with impunity, under the more atrocious ef fects of another which followed. * Appian. de Bell. Civ. lib. i. + L. Florus, lib. iii, c. 21. Appian. de Bell. Civil. lib. i. VOL. II. K 146 [c. XIV. THE PROGRESS AND TERMINATION U. C. 666. L. Corn. Cinna, Cn. Octavius, Coss. When Sylla was about to depart from the city, Virgilius, one of the Tribunes, moved an impeachment against him for the illegal steps he had lately taken. But the state of the war with Mithridates was urgent, and Sylla took the benefit of the law of Memmius, by which persons named to command had a privi- lege when going on service to decline answering any charge which should be brought against them, to impede their departure. The king of Pontus, notwithstanding he had been disappointed in his attempt upon Rhôdes, was be- come master of the Lesser Asia, had fixed his resi- dence at Pergamus, and employed his officers, with numerous fleets and armies, to continue his opera- tions in different quarters, making rapid acquisitions at once on the side of the Scythian and Thracian Bosphorus in Macedonia and in Greece. His ge- neral, Archelaus, had reduced most of the Greek islands, and was hastening to make himself master of the continent also. Delos had revolted, and had thrown off the yoke of Athens, at the time that it fell into the hands of this general. The king pro- posed to make use of it as a decoy to bring the A- thenians themselves under his power. For this pur- pose, pretending veneration for the god to whom this island was sacred, he expressed a desire to re- store it, with the treasure he had seized there, to its former condition; and sent Aristion, a native of A- thens, but now an officer in his own service, with an escort of two thousand men, to deliver this trea- sure into the hands of the Athenians. Aristion be- C. XIV.] 147 of the rOMAN REPUBLIC. ing, under this pretence, received into the Pyræus, took possession of the place, and continued to hold it, with the city of Athens itself, for Mithridates, who, by means of the reinforcements sent into At- tica, soon after enabled him to overrun Bœotia, A- chaia, and Laconia. This To these alarming encroachments on the Roman territory, and to the personal injuries done to such of their generals as had fallen into his hands, Mi- thridates had joined a barbarous outrage, which roused, in the highest degree, the resentment of the Roman people. He had sent orders to all his com- manders in every town and station in Asia, on a day fixed, to begin a massacre of the Roman citizens that were any where settled in that country, and to publish a reward for the slaves of any Roman who should succeed in destroying their master. order was executed with marks of insult, in which the vile instruments of cruelty, for the most part, are apt to exceed their instructions. It is particu- larly mentioned, that at Ephesus, Pergamus, and other cities of Asia, entire families, without distinc- tion of sex or age, infants with their parents, taking refuge in the temples, and embracing the altars, were dragged from thence and murdered. But the number of persons who perished in this massacre, if ever known, is no where mentioned *. The resentment which was natural on this occa- sion, together with the real danger that threatened the empire, fully justified the contempt with which Appian. de Bell. Mithrid. p. 585, 586. K 2 148 [c. XIV. THE PROGRESS AND TERMINATION Sylla treated the impeachment of Virgilius, and the celerity with which he left the city of Rome. Ha- ving transported to Dyrrachium an army of six le- gions, he took the route of Thessaly and Ætolia; and having raised in these countries contributions for the pay and subsistence of his army, he received the submission of the Boeotians, who had lately been obliged to declare for Mithridates, and advanced to Athens, where Aristion in the city, and Archelaus in the Pyræus, were prepared to make a vigorous resistance. Mithridates, who was master of the sea, collected together all the troops which he had dis- tributed in the islands, and ordered a great rein- forcement from Asia to form an army on the side of Boeotia for the relief of Athens. Sylla, to prevent the enemy, hastened the siege of this place. He first made an attempt to force his way into the Pyræus by scaling the walls; but be- ing repulsed, had recourse to the ordinary means of attack. He erected towers, and raising them to the height of the battlements, got upon the same level with the besieged, and plied his missiles from thence. He shook the walls with battering engines, or undermined them with galleries, and made places of arms for his men near to where he expected to open a breach. But the defence of the place was vigorous and obstinate, and so well conducted, that he was obliged, after many fruitless efforts, to turn the siege into a blockade, or to await the effects of famine, by which the city began already to be press- ed, and by which it was in a little time brought to the last extremity. Those who were confined in the C. XIV.] 149 OF THE ROMAN REPUBLIC. place, had consumed all the herbage, and killed all the animals that were to be found within the circuit of the walls; they were reduced to feed on the im- plements of leather, or other materials that could be turned into sustenance, and came at last to prey upon the carcases of the dead. The garrison was greatly diminished in numbers; and of those who remained, the greater part was dispirited and weak : but Aristion, on account of the treacherous manner in which he had seized the place, expecting for him- self no quarter from the Roman general, still with- stood the desire of his troops to capitulate; when Sylla, knowing the weak state to which the besieged were reduced, made a vigorous effort, stormed and forced the walls with great slaughter. Aristion, who had retired into the Acropolis, was soon afterwards taken and slain. Archelaus, likewise greatly distressed in the Py- ræus, found means to escape by water, and leaving the post he abandoned to be occupied by Sylla, who razed its fortifications to the ground, he hastened to join the army that was forming by order of his master on the side of Thessaly. The army of Mithridates advanced into Boeotia. Every part of it was sumptuously provided with all that was necessary for subsistence or parade. There was a numerous cavalry richly caparisoned; an in- fantry of every description, variously armed, some to use missile weapons, others to engage in close fight; a large train of armed chariots, which, being winged with scythes, threatened to sweep the plains. The whole army amounted to about an hundred and 150 [c. XIV. THE PROGRESS AND TERMINATION twenty thousand men. But their master, with all his ability, it appears, in the manner of barbarous nations, relied on the numbers of his host, to the neglect of its order, or the proper conduct of its strength. Sylla was to oppose this multitude with no more than thirty thousand men. On this inferior enemy, Archelaus continually pressed with all his forces, and endeavoured to bring on a general action, which Sylla cautiously avoided waiting for an opportunity that might deprive the enemy of the advantage he had in the superiority of his numbers. The armies being both in Boeotia, Ar- chelaus inadvertently took post near Chæronea, on the ascent of a steep hill that was formed into natu- ral terraces by ledges of rocks, and which terminated at last in a peak or narrow summit. On the face of this hill he had crowded his infantry, his cavalry, and his chariots, and trusted that, although the ground was unfavourable to the operations of such an army, it was still inaccessible, and they could not be attacked. While the Asiatic general, therefore, believed himself secure in this position, the Roman conti- nued to observe him from the post he had fortified at a little distance; and was told by some natives of the country, that the hill which Archelaus had oc- cupied might be ascended in his rear, and that a body of men might be conducted safely and unob- served to the summit. Upon this information Sylla formed his plan to engage the enemy, sent a power- ful detachment with proper guides to seize on the heights above their encampment, while he himself c. XIV.] 151 OF THE ROMAN REPUBLIC. advanced with his main body in front of their sta- tion, and by this means diverted their attention from what was passing on the opposite quarter, while he himself was prepared to profit by any confusion which might be occasioned by an alarm from thence. A The unexpected appearance of an enemy in the rear, produced the alarm that was intended in the Asiatic camp. The impetuous descent they were ordered to make from the hill, drove all in confusion before them. The rear fell down on the front. great uproar and tumult arose in every part. In this critical moment, Sylla, with the main body, be- gan his attack in front, and soon broke into the midst of enemies, who were altogether unprepared to receive him; or who being crowded in a narrow space, and mixed with little distinction of separate bodies, of officers or men, and, under the disadvan- tage of their ground, could neither resist nor retire. In the centre, numbers were trod under foot by those who pressed upon them from every side, and perished by violence or suffocation; or, while they endeavour- ed to open a way to escape, employed their swords against one another. Of an hundred and twenty thousand men, scarcely ten thousand could be as- sembled at Chalcis in Euboea, the place to which Archelaus directed his flight. Of the Romans, at the end of the action, only fifteen men were missing, and of these two returned on the following day *. Archelaus, even after this rout of his army, being still master at sea, drew supplies from Asia and from *For this particular, Plutarch quotes the Memoirs of Sylla himself. 152 [c. XIV. THE PROGRESS AND TERMINATION the neighbouring islands; and, being secure in his retreat in Euboea, made frequent descents on the neighbouring coasts. While Sylla endeavoured to cover the lands of Boeotia and Attica from these in- cursions, Mithridates made great efforts to replace his army in that country; and in a little time had transported thither eighty thousand fresh troops un- der Dorilaus, to whom Archelaus joined himself with those he had saved from the late disaster. The new army of Mithridates, consisting chiefly of caval- ry, was greatly favoured by the nature of the ground in Boeotia, which was flat, and abounding in forage. Sylla, though inclined to keep the heights on which he was least exposed to the enemy's cavalry, was, in order to cover the country from which he drew his subsistence, obliged to descend to the plains in the neighbourhood of Orchomenos. There he took post among the marshes, and endeavoured to fortify himself with ditches against the enemy's horse. While his works were yet unfinished, being attacked by the Asiatic cavalry, not only the labourers, but the troops that were placed under arms to cover the workmen, were seized with a panic, and fled. Sylla, having for some time in vain endeavoured to rally them, laid hold of an ensign, and rushed in despair on the enemy. "To me," he said, "it is glorious ❝ to fall in this place; but for you, if you are asked "where you deserted your leader, you may say at "Orchomenos." Numbers who heard this reproach, returned to the charge with their general; and where- ever they presented themselves, stopped the career of the enemy, and put them to flight. The Roman c. XIV.] 153 OF THE ROMAN REPUBLIC. army at length recovered itself in every part of the field; and Sylla, remounting his horse, took the full advantage of the change of his fortune, pursued the enemy to their camp, and forced them to abandon it with great slaughter. After the loss of this second army, Mithridates appears to have despaired of his affairs in Greece: he suffered Sylla to enter into quiet possession of his winter quarters in Thessaly, and authorised Ar- chelaus to treat of peace. Both parties were equally inclined to a conference; the king of Pontus urged by his losses, and the Ro- man Proconsul by the state of affairs in Italy. There, though commanding in Greece by authority from the Roman Senate, Sylla had been degraded, and declared a public enemy, by a formal sentence or resolution of the people at Rome. An officer had been sent from Italy to supersede him; and a Ro- man army, independent of his orders, was actually employed in the province. Mithridates too, while he had sustained such losses in Greece, was pressed by the other army in Asia, under the command of Fimbria, who, with intentions equally hostile to Sylla as to Mithridates, advanced with a rapid pace, reduced several towns on the coast, and had lately made himself master of Pergamus, where the king himself had narrowly escaped falling into his hands. In these circumstances, a treaty was equally season- able to both. Sylla had been absent from Rome about two years, during which time, having no supplies from thence, he had supported the war by the contributions which 154 [c. xiv. THE PROGRESS AND TERMINATION he had raised in Greece, Ætolia, and Thessaly, and with the money he had coined from the plate and treasure of the Grecian temples*. The republic, in the mean time, had been in the possession of his personal enemies, and the authority of the Senate was, in a great measure, suppressed. For soon af- ter his departure from Rome, his antagonist Cinna, notwithstanding the engagements he had come un- der, revived the project of keeping the more respect- able citizens in subjection, under pretence of regu- lations enacted by the collective body of the people. The designation of a party now in power was the same with that which had distinguished the follow- ers of Tiberius and Caius Gracchus; but the object was changed, and that which was termed the popu- lar faction was itself differently composed. Former- ly this faction consisted of the populace of Rome and of the poorer citizens, opposed to the noble and the rich. The objects for which they at that time contended, were the distribution of corn, new set- tlements, or the division of lands. At present the parties consisted of the inhabitants of the country towns lately admitted, or still claiming to be admit- ted, on the rolls of the people on one side, and of the Senate and ancient citizens on the other. The ob- ject to which the former aspired, was a full and e- qual participation in all the powers that belonged to the Roman people. They were far from being sa- tisfied with the manner of their enrolment into a few particular Tribes, and laid claim to be admitted with- * Plutarch. in Sylla et Lucullo. c. XIV.] 155 of the Roman republic. ¿ out distinction among the ancient citizens, and like them to have consideration and power proportioned to their numbers. In this they were supported by Cinna, who made a motion in their favour in the as- sembly of the people, and at the same time propo- sed to recall Marius and the other exiles of that par- ty from their banishment. The Consul Octavius, with the majority of the Senate and ancient citizens, opposed their designs; but Cinna was likely to have a powerful support in the friends of the exiles, and in the new citizens, who flocked from every town in the country. On the day appointed for the dis- cussion of this question, his partisans, in great num- bers, took possession of the place of assembly, and were observed to be armed with daggers or short swords. Octavius was attended at his own house by a numerous company of the ancient citizens, who were armed in the same manner, and waited to take such measures as the necessity of the case might re- quire. Being told that the Tribunes who had for- bidden the question were violently attacked, and likely to be driven from the place; these adherents of the Senate came forth into the streets, and drove their antagonists, with some bloodshed, through the gates of the city. Cinna endeavouring to make head against his colleague, invited the slaves, under a pro- mise of liberty, to his standard. But finding it im- possible within a city, that was occupied by his op- ponents, to withstand their force, he withdrew to the country towns, and solicited supplies from thence. He passed through Tibur and Præneste to Nola, and openly implored the inhabitants to aid him against 156 THE PROGRESS AND TERMINATION [c. XIV. their common enemies. On this occasion he was attended by Sertorius, and by some other Senators who had embarked in the same ruinous faction. Their solicitations at any other time might, perhaps, have been fruitless; but now, to the misfortune of the re- public, a number of armies were still kept on foot in Italy, to finish the remains of the social war. Cn. Strabo commanded one army in Umbria, Metellus another on the confines of Lucania and Samnium, and Appius Claudius a third in Campania. These armies consisted chiefly of indigent citizens, become soldiers of fortune, very much at the disposal of the leaders in whose name they had been levied, to whom, as usual, they had sworn the military oath, and on whom they depended for the settlements and rewards which they were taught to expect at the end of their services. Such men were inclined to take part in the cause of any faction that was likely, by the expulsion and forfeiture of any one class of the citizens, to make way for preferments and fortunes to those who were employed to expel them. Cinna distrusted Pompey and Metellus; but ho- ping for a better reception from Appius Claudius, he repaired to the camp of this general, and had the address to gain the troops who were under his com- mand. Octavius Meantime the Senate, without entering into any particular discussion of the guilt which and Meru- Cinna had incurred in the late tumult at Rome, found that, by having deserted his station, he had actually divested himself of his of fice as Consul, and they obtained the election of la. c. XIV.] 157 of the ROMAN REPublic. L. Cornelius Merula, to supply the vacancy which his desertion had occasioned. Marius, being informed that one of the armies in Italy, with a Roman Consul at its head, was prepa- red to support him, made haste from his exile in A- frica: he landed in Tuscany, was joined by numbers, and on his approach to Rome had an offer of being vested with the ensigns of Proconsul. But intend- ing to move commiseration or pity, he declined eve- ry privilege of a Roman citizen, until the sentence of attainder or banishment, which had been pro- nounced against him, should be formally reversed. He accordingly presented himself to the people as he passed, in the manner practised by suppliants, with a mean habit, and in the ghastly figure to which he was reduced by the distress of his exile; but with a countenance, says his historian, which, being na- turally stern, now rather moved terror than pity He implored the protection of the country-towns, in whose cause he pretended to have suffered, and whose interests were now embarked on the same bottom with his own. He had many partisans a- mong those who had composed the legions which formerly served under his own orders, had reputa- tion and authority, and soon assembled a considera- ble force, with which, in concert with Cinna, Serto- rius and Carbo, he advanced towards Rome. These adventurers invested the city in three se- parate divisions. Cinna and Carbo lay before it : On the Appian way, Sertorius took post on the ri- *Plutarch, in Mario. 158 THE PROGRESS AND TERMINATION [c. XIV. } ver above, and Marius below it. The last, to pre- vent supplies from the sea, made himself master of the port of Ostia: Sertorius had sent a detachment to Ariminum, to prevent any relief from the side of Gaul. In this extremity the Senate applied to Metellus, requesting that he would make any possible accom- modation with such of the Italian allies as were still under arms, and hasten to the relief of the city. The delays which he made in the execution of these or- ders enabled Cinna and Marius to prevent him in gaining the allies, who at this time had it in their option to accept the privileges they claimed from either party; and, having chosen to join themselves with the popular faction, they threw their weight into that scale. Metellus, however, advanced into Latium; and, being joined by the Consul Octavius, took post on the Alban Hill. From thence they found that the troops, being inclined to favour their enemies, de- serted apace. The commander himself being left with a few attendants, despaired of the cause, and withdrew into Africa. Octavius found means to en- ter the city, and resumed his station. The army lately commanded by Pompeius Stra- bo was now deprived of its general, he having been killed by lightning in his camp. And the Senate was not inclined to repose any confidence in the men he had commanded. He himself had some time hesitated between the parties; and the troops, at his death, were still supposed undecided in their choice. With so uncertain a prospect of support, c. XIV.] OF THE ROMAN REPUBLIC. 159 the Senate thinking it more safe to capitulate with Cinna and Marius, than to remain exposed to the horrors of a storm; offered to reinstate Cinna in the office of Consul, and to restore Marius, with the other exiles, to their condition of Roman citizens ; only stipulating that they would spare the blood of their opponents, or proceed in their complaints a- gainst them according to the laws of the common- wealth. While this treaty was in dependence, Marius, af- fecting the modesty of a person whom the law, ac- cording to his late sentence of banishment, had dis- qualified to take any part in the state, observed a sullen and obstinate silence. Even when the terms were settled, and the gates were laid open to him- self and his followers, he refused to enter until the attainder under which he lay should be taken off, and until he were replaced in his condition as a citizen of Rome. The people were accordingly as- sembled to repeal their former decree. But Marius, in the character of a practised soldier, proposing to take his enemies by surprise, did not wait for the completion of the ceremony he himself had exacted. While the ballots were collecting, he entered the city with a band of armed men, whom he instantly employed in taking vengeance on those who had concurred in the late measures against him. Al- though the gates, by his orders, were secured, many of the Senators found means to withdraw. The house of Sylla was demolished; such as were repu- ted his friends were slain; his wife and his children narrowly escaped. Among the signals by which 100- THE PROGRESS AND TERMINATION [c. XIV. Marius directed the execution of particular persons, it was understood that if he did not return a salute which was offered him, this was to be considered as a warrant for immediate death. In compliance with these instructions, some citizens of note were laid dead at his feet. And as the meanest retainers of his party had their resentments as well as himself, and took this opportunity to indulge their passions, the city resembled a place that was taken by storm, and every quarter resounded with the cries of rage or of terror; a horrid scene, which continued with- out intermission during five days and five nights. The Consul Octavius was murdered in his robes of office, and in presence of his lictors; two Senators of the name of Cæsar, Caius and Lucius; two of the name of Crassus, the father and the son, attempt- ing to escape, but likely to be taken, fell by their own hands; Attilius Serranus, Publius Lentulus, C. Nu- mitorius, and M. Bæbius, being murdered by persons who bore them a particular hatred, the bodies were fastened on a hook, and dragged by a rope through the streets; Marcus Antonius, one of the first Ro- man Senators who had betaken himself entirely or chiefly to the practice of a pleader at the bar and in the Senate, from which he is known by the name of the Qrator, being discovered in a place of conceal- ment, was killed by assassins sent for the purpose. The heads of the others were exposed on the ros- tra; that of Antonius was placed on the table of Marius, to whom the sight, from peculiar motives of envy or resentment, was singularly gratifying. Ca- tulus, once the colleague of Marius himself in the 2 c. XIV.] 161 OF THE ROMAN REPUBLIC. Consulate, and partner in his last and most decisive victory over the Cimbri, without question one of the most respectable Senators of the age, being in- cluded in the warrant for general execution, had numbers to solicit for his life; but Marius, exaspe- rated the more by this appearance of popular regard in his favour, made a short answer, He must die. And this victim, choosing to avoid by a voluntary death the insults likely to be offered to his person, having shut himself up in a close chamber, with a brasier of burning charcoal, perished by suffocation. Merula, the Flamen Dialis, or Priest of Jupiter, whose name, without his own knowledge, had been inscribed Consul upon the degradation of Cinna, now likewise willing to maintain to the last the dig- nity of his station, opened his own arteries at the shrine of his god, sprinkling the idol with his blood. As he felt the approach of death, he tore from his head the apex or crest of the order, which he bore, and with which, by the maxims of his religion, he could not part while in life, but with which on his head it would have been impious, and ominous of evil, to have died. In observing this ceremony, he called upon those who were present to witness the exactness with which he performed his duty. The horrors of this massacre are to be imputed chiefly, if not entirely to the fury of Marius, acting from the original asperity of his own mind, stung with animosity to every distinction of birth, educa- tion, or manners, which marked the superior order of citizens, and now wrought up by recent disap- pointments of ambition, and by his sufferings in ex- VOL. II. L 162 [c. XIV. THE PROGRESS AND TERMINATION ile, into a detestation and rancour, which nothing short of such a scene could assuage. In most other places, indeed, instruments would have been want- ing for the execution of such a work: But at Rome were found in sufficient numbers, fugitive slaves, eager to avenge their own sufferings, in the blood of their masters; parties in private quarrels; thieves, expecting plunder in the murder of the wealthy; a populace, such as every where is capable of the wild- est disorder, when assembled in occasional tumults, but here peculiarly nursed in scenes of licence, with pretensions to political importance, and even to so- vereignty, detesting the superior orders of the state, by whom they felt themselves restrained; indigent, but looking for relief, not to their own industry or honest arts, but to gratuities, obtained by corruption or public profusion. In their very entertainments or sports, whether fights of gladiators, or baiting of wild beasts, trained to a ruthless insensibility and in- difference to blood: Such men, having the example and authority of a leader, whom they had long consi- dered as the champion of their cause, and having the several objects of their fury at mercy, burst out into a scene of wild devastation, attended with murders, rapes, and every species of outrage, which could arise from the suspension of government in a state, where the disorderly were found in such numbers, and the most powerful restraints were necessary. Cinna himself, though equally bent with his as- sociate on measures to recover his power, and to restore his party, but having fewer resentments to gratify, was shocked with these enormities, and in- c. XIV.] 163 OF THE ROMAN REPUBLIC. terposed his authority to restrain them. The man- dates of office being insufficient for this purpose, he had recourse to military force, and driving all who were found in the perpetration of such crimes into places inclosed, or into the recess of squares or nar- row streets, had them in great numbers, without in- quiry or distinction, put to the sword. Some degree of respite or calm being obtained by these means, it was proposed to resume the appear- ance of regular government, as far as the times could allow. The Consulate of Cinna was accordingly restored; and Marius, though without any form of election, associated in the office. In such a season of terror, there could not be any risk to the party in recurring to the ordinary suffrage of the people; but an election was deemed unnecessary, and the ensigns of office were assumed without it. Marius, though now preceded in form by the Lictors, could not return to the habits of a legal magistrate. The objects of his resentment were still sacrificed to his fury, without any trial, and un- der his own inspection. But, in the midst of cries which were occasioned by these executions, the name of Sylla, and the fame of his victories in Greece, gave continual presage of a retribution, no way likely to fall short of the provocation which was now given in the subversion of public order at Rome. And although the principal author of these wrongs was not destined to abide the future consequences in his own person, the immediate effect to him was sufficiently awful. Even the obdurate soul of Ma- rius, unable to endure such a load of guilt and re- L 2 164 THE PROGRESS AND TERMINATION [C. XIV. morse, passed from the agitation of fury to that of terror and nocturnal fears, which gave evident signs or indications of a disordered mind. Some one, he imagined, continually sounded in his ears the words of a poet, Horrid is the dying lion's den; and these words being applied to himself, seemed to announce his approaching dissolution. He took to the use of wine in excess, contracted a pleurisy, and died on the seventh day of his illness, in the seventeenth day of his last or seventh consulate, and in the seven- tieth year of his age; leaving the tools he had em- ployed in subverting the government of his country to pay the forfeit of his crimes. Livy, it appears *, from the remaining epitome of this part of his work, had made it a question, whe- ther this celebrated personage had been most useful to his country as a soldier, or pernicious as a citizen. It has happened unfortunately for his fame, that he closed the scene of life with examples of the lat- ter kind. In what degree he retained his genius or abilities cannot be known. His insatiable thirst of power, like avarice in the case of the superannuated miser, seemed to grow with age. His hatred of the Nobles, contracted in the obscurity of his early life, remained with him after he himself had laid the am- plest foundations of nobility in his own family. And he died in an attempt to extinguish all just or regu- lar government, in the blood of those who were most eminently qualified or disposed to sustain it. Livy, Epitome, lib. viii. rio. Florus, lib. iii, c. 21. Fragmentis. Appian. de Bell. Civil. lib. i. Plutarch. in Ma- Velleius Pater. lib. ii, c. 19, &c. Dio. Cass. in c. XIV.] 165 OF THE ROMAN REPUBLIC. Upon the death of Marius, the government re- mained in the hands of Cinna. While many of the Senators, and other citizens obnoxious to the pre- vailing party, had taken refuge with Sylla; this ge- neral himself was declared a public enemy; his ef fects were seized; his children, with their mother, having narrowly escaped the pursuit of his enemies, were fled to the father in Greece. In these circum- stances he made not any change in his conduct of the war, nor made any concessions to the enemy against whom he was employed. He talked fami- liarly every day of his intention to suppress the dis- orders at Rome, and to avenge the blood of his friends, but not till he had forced Mithridates to make reparation for the wrongs he had done to the Romans and to their allies in Asia. Alarmed by the report of such threats, Cinna took measures to strengthen his own party; assumed, upon the death of Marius, Valerius Flaccus as his colleague in the office of Consul; and, having as- signed him the command in Asia, with two additional legions, trusted, that with this force he might obtain possession of the province, and furnish to Sylla suffi- cient occupation beyond the limits of Italy. But Flaccus, upon his arrival in Thessaly, was de- serted by part of the army he was destined to em- ploy; and passing through Macedonia in his route to Asia with the remainder, a dispute arose between himself and his lieutenant Fimbria, which ended in the murder of the Consul, and in the succession of Fimbria to the command. So little deference or respect did soldiers of fortune pay, in the disorder 166 [c. XIV. THE PROGRESS AND TERMINATION of those unhappy times, even to the heads of a party they professed to serve. Fimbria, with the troops he had seduced to his standard, after he had assassinated their general, made a rapid progress in Asia, and hastened, as has been observed, the resolution to which Mithridates was come, of applying for peace. To this stately but crafty prince, urged by the necessity of his own affairs, the conjuncture appeared to be favourable, when so much distraction took place in the councils of Rome. He had experienced the abilities of Sylla; he knew his eager desire to be gone for Italy, and to be revenged of his enemies; and he expected to gain him by proffering assistance in the war he was about to wage with the opposite party at Rome. Upon a message from Archelaus, Sylla readily agreed to an interview in the island of Delos; and here being told, in the name of Mithridates, that he should have money, troops, and shipping to make a descent upon Italy, provided he would enter into a confederacy with the king of Pontus, or join him in a war with the Romans, by whom he himself was now proscribed, Sylla, in his turn, proposed to Ar- chelaus to desert Mithridates, to deliver up the fleet and army which was under his command, and to re- ly for protection and reward on the faith of the Ro- mans. They will speedily seat you, he said, on the throne of Pontus. Archelaus having rejected this proposal with horror, " And you," says Sylla, "the "slave, or (if you prefer that title) the friend of a "barbarous tyrant, will not betray your trust, and "yet, to me, have the presumption to propose an C. XIV.] 167 OF THE ROMAN REPUBLIC. "act of perfidy. The fields of Chæronea and Or- "chomenos should have made you better acquaint- "ed with the character of a Roman." Upon this reply Archelaus saw the necessity of purchasing the treaty he was instructed to obtain, and accordingly made the following concessions: That the fleet of Pontus, consisting of seventy gal- leys, should be delivered up to the Romans. That the garrisons should be withdrawn from all places which had been seized in the course of this war. That the Roman province in Asia, together with Paphlagonia, Bithynia, and Cappadocia, should be evacuated, and the frontier of Pontus, for the future, be the boundary of Mithridates's territory. That the Romans should receive two thousand ta- lents *, to reimburse their expense in the war. That prisoners should be restored, and all desert- ers delivered up. While these articles were sent to Mithridates for his ratification, Sylla in no degree relaxed the mea- sures he had taken to secure and to facilitate the passage of his army into Asia. He sent Lucullus t round every station on the coast to procure an as- semblage of shipping; and he himself, after having made some incursions into Thrace, to gratify his ar- my with the spoil of nations who had often plunder- ed the Roman province, continued his route to the Hellespont; but on his way he was met by the mes- sengers of Mithridates, who informed him that their * About L.386,000. + Vide Plutarch, in Lucullo. 168 [c. XIV. THE PROGRESS AND TERMINATION master agreed to all the articles proposed, except to that which related to the cession of Paphlagonia; and at the same time made a merit of the preference he had given to Sylla in this treaty, as he might have obtained more favourable terms from Fimbria. "That is a traitor," said Sylla, "whom I shall speedily punish for his crimes. As for your mas- "ter, I shall know, upon my descent in Asia, whe- "ther he chooses to have peace or war.” 66 Being arrived at the Hellespont, he was joined by Lucullus with a number of vessels, which enabled him to pass the strait. Here he was met by another message from Mithridates, desiring a personal inter- view; which was accordingly held in the presence of both armies, and at which the king of Pontus, af- ter some expostulations, agreed to all the conditions already mentioned. In this he probably acted from policy, as well as from the necessity he felt in the present state of his affairs. He still hoped, that in consequence of this treaty, he might turn the arms of Sylla against the Romans, and trusted that the peace he obtained for himself in Asia was to be the beginning of a war in Italy, more likely to distress. his enemies than any efforts he himself could make against them. With this reasonable prospect he re- tired into his own kingdom of Pontus; and there, strengthening himself by alliances and the acquisi- tion of territory on the northern coasts of the Euxine, he prepared to take advantage of future emergen- cies, and to profit by the state of confusion into which the affairs of the Romans were likely to fall. c. XIV.] 169 OF THE ROMAN REPUBLIC. Sylla having brought the Mithridatic war to an issue so honourable for himself, and having every where gratified his army with the spoils of their enemies, being possessed of a considerable sum of money and a numerous fleet, and being secure of the attachment of the legions, who had experienced his liberality, and rested their hopes in future on the success of his enterprise, prepared to take vengeance on his enemies, and those of the republic in Italy. He proceeded, however, with great deliberation and caution; and, as if the state at Rome were in per- fect tranquillity, staid to reduce the army of Fim- bria, to resettle the Roman province, and to effect the restoration of the allies, Nicomedes and Ario- barzanes, to their respective kingdoms of Cappado- cia and Bithynia. Fimbria being required by Sylla to resign a com- mand which he had illegally usurped, retorted the charge of usurpation, and treated Sylla himself as an outlaw but upon the approach of this general, be- ing deserted by his army, he fled to Pergamus, and there had an end put to his life by the hands of a slave, of whom he exacted this service. To punish the province of Asia for its defection to Mithridates, Sylla obliged the inhabitants to pay down a sum equal to five years' ordinary tax. He sent Curio to replace on their thrones the kings of Cappadocia and Bithynia, who had persevered in their alliance with Rome, and sent an account of these particulars to the Senate, without taking any notice of the edict by which he himself had been stripped of his com- 170 THE PROGRESS AND TERMINATION [C. XIV. 息 ​mand, and declared an enemy *. Before he set sail, however, for Italy, he thought proper to transmit a memorial, setting forth his services and his wrongs, as well as the injury done to many Senators who had taken refuge in his camp, and concluding with me- naces of justice against his own enemies and those of the republic, but assuring the citizens in general of protection and security. This paper, being read in the Senate, appeared to alarm many of the mem- bers: even those who had least to fear from the threats it contained, wished for expedients to recon- cile the parties, and to avert the evils which the re- public must suffer from their repeated contentions. A soothing answer was accordingly sent to the me- morial of Sylla, and earnest entreaties were made to Cinna, that he would suspend his levies until a reply could be obtained from his antagonist. But Cinna, U. C. 669. in contempt of these pacific intentions, took measures to sustain the war; divided the fasces with Cn. Papirius Carbo, whom, without any form of election, he assumed for his colleague in the Consulate; and, in the par- tition of provinces, retained for himself the admi- nistration in Italy, while he assigned to Carbo the command in the neighbouring Gaul. These titular magistrates, with all the adherents of their faction, betook themselves in haste to the forming of troops, and securing the fidelity of the towns within the se- veral divisions which they had received in charge. L. Corne- lius Cinna 4to, Cn. Papirius Carbo. * Appian. in Bell. Mithridat. Plutarch. in Syll. c. XIV.] 171 OF THE ROMAN REPUBLIC. Carbo exacted hostages for their good behaviour from all the towns in his district; but as he had not any regular authority from the Senate for this mea- sure, he found himself unable to give it effect. To Te Castricius, the chief magistrate of Placentia, a per- son of great age, who refused to comply with his or- ders, "Have not I your life in my power ?" he said. "And have not I," said the other," already had "life enough* ?" Cinna, however, having mustered a considerable force, and intending to make head against Sylla in Thessaly, through which he was expected to pass in his way to Italy, was about to transport his army thi- ther; when the troops being averse to embark, he himself, endeavouring to force them, was killed in a mutiny. A general disorder and anarchy pervaded the party. The election of a successor to Cinna was twice interrupted by supposed unfavourable presa- ges, and Carbo remained sole Consul. 66 At this time an answer was received from Sylla to the proposals made by the Senate towards a recon- ciliation of parties. In this, he declared, "That " he never could return into friendship with persons guilty of so many and such enormous crimes. If "the Roman people, however, were pleased to grant an indemnity, he would not interpose, but "should venture to affirm, that such of the citizens as chose, in the present disorders, to take refuge "in his camp, would find themselves safer than in "that of his enemy's." He had embarked his ar- << * Val. Max. lib. vi, c. 2. 172 THE PROGRESS AND TERMINATION 1 [c. XIV. my at Ephesus, and in three days reached the Py- ræus, the port of Athens. Here he was taken ill of the gout, and was advised to use the hot baths at Adipsus; at which he accordingly passed some time, and with singular force of mind, as if divested of all public or private distress, amused himself, in his usual way, with persons of humour, and ordinary company. His fleet, in the meantime, consisting of twelve hundred ships, coasted round the Peloponne- sus, and took on board the army which had march- ed by Thessaly to Dyrrachium. Being apprehensive that some part of the legions, upon landing in Italy, and with so near a prospect of returning to their homes, might desert, or, trusting to their conse- quence in a civil war, might become disorderly and distress the inhabitants, he exacted a special oath, by which every man bound himself, upon his arrival in Italy, to abide by his colours, and to observe the strictest order in his march through the country. The troops, wishing to remove all the remains of a distrust which had suggested this precaution, not only took the oath, but made voluntary offer of a contribution towards the support of the war; and Sylla, without accepting the aid which was proffered to him, set sail with the additional confidence which this proof of attachment in the army inspired. He had, according to Appian, five Roman legions, with six thousand Italian horse, and considerable le- vies from Macedonia and Greece, amounting, in all, to about sixty thousand men. With this force he landed in Italy, in the face of many different ar- c. XIV.] 173 OF THE ROMAN REPUBLIC. mies, each of them equal or superior in number to his own. U. C. 670. L. Corn. Scipio, C. Jun. Nor- banus. # Those now at the head of the commonwealth were supposed to have on foot, at different sta- tions, above two hundred thousand men. L. Cornelius Scipio and C. Junius Norba- nus, who were leaders of the party, be- ing in possession of the capital and of the place of election, were named for Consuls. Norbanus, as act- ing for the republic, commanded a great army in Apulia; Scipio, another on the confines of Campa- nia. Sertorius, young Marius, with Carbo, in the quality of Proconsul, and others, (as Plutarch quotes from the memoirs of Sylla,) to the number of fifteen commanders, had each of them armies, amounting in all to four hundred and fifty cohorts *; but of these different bodies none attempted to dispute the landing of Sylla, nor, for some days, to interrupt his march. He accordingly continued to advance as in a friendly country, and in the midst of profound peace. The inhabitants of Italy, considering the superior class of the people at Rome, in whose cause now Sylla appeared, as averse to the claim they had made of being promiscuously enrolled in the Tribes, were likely to oppose him, and to favour the faction which had for some time prevailed in the state. To allay their fears, or to prevent their ta- king an active part against himself, Sylla summon- ed the leading men of the country towns as he pass- ed, and gave them assurances that he would con- * About 225,000 men. 174 [c. XIV. THE PROGRESS AND TERMINATION firm the grants which had been made to them, if they did not forfeit these and every other title to favour, by abetting the faction which had subverted the government. On his march he was joined by Metellus Pius, who, as has been observed, after a fruitless attempt, in conjunction with the Consul Octavius, to cover Rome from the attack of the elder Marius and Cin- na, had withdrawn to Africa; and being forced from thence by Fabius, returned into Italy. This officer being in Liguria, where he still retained the ensigns of Proconsul, had some forces on foot, and was sustaining the hopes of his party, when so great a change was made in their favour as was produced by the arrival of an army from Greece. Sylla was likewise, about the same time, joined by Cneius Pompeius, son to the late Consul Pompeius Strabo, who, though too young for any formal com- mission, had assembled a considerable body of men, and already made himself of importance in the pre- sent struggle. Being now only about nineteen years of age, he was remarked for engaging man- ners, and a manly aspect, which procured him a ge- neral favour and an uncommon degree of respect *. This distinction being unsought for, was possibly felt by him as a birth-right, or gave him an early impression of that superiority to his fellow-citizens which he continued to bear through the whole of his life. He had served in those legions with which Cinna intended to have carried the war against Syl- *Plutarch, in Mario, c. XIV.] 175 OF THE ROMAN REPUBLIC. la into Asia or Greece; but, being averse to the party, had withdrawn when that army was about to embark, and disappearing suddenly, was supposed to have been murdered by the order of Cinna, a sus- picion, which, among other circumstances, incited his soldiers to the mutiny in which their general was killed. Sylla appears himself to have been won by the promising aspect of the young Pompey, and received him with distinguished marks of regard. Numbers of the Senate and Nobles, who had hi- therto remained exposed at Rome to the insults of their enemies, now repaired to the camp of Sylla. The Consul Norbanus, being joined by young Ma- rius, lay at Canusium. Sylla, while he was prepa- ring to attack them, sent an officer with overtures of peace; these they rejected with marks of contempt. This circumstance had an effect which Sylla per- haps foresaw or intended. It roused the indigna- tion of his army, and, in the action which followed, had some effect in obtaining a victory, in which six thousand** of the enemy were killed, with the loss of only seventy men to himself. Norbanus, after this defeat, retreated to Capua ; and, being covered by the walls of that place, wait- ed the arrival of Scipio, who intended to join him with the army under his command. Sylla marched to Tianum to prevent their junction; and, on the approach of Scipio, proposed to negotiate. The leaders, with a few attendants, met between the two armies, and were nearly agreed upon terms of } *Plutarch. in Syll. edit. Lond. p. 85. ! 176 THE PROGRESS AND TERMINATION [c. XIV. peace; but Scipio delayed his final consent until he should consult with Norbanus at Capua. Sertorius was accordingly dispatched to inform Norbanus of what had passed, and hostilities were to be suspend- ed until his return; but this messenger, probably a- verse to the treaty, broke the truce, by seizing a post at Suessa which had been occupied by Sylla; and the negotiation had no other effect than that of giving the troops of both armies, as well as their leaders, an opportunity of conferring together; a circumstance which, in civil wars, is always danger- ous to one or other of the parties. In this case the popularity of Sylla prevailed; and the soldiers of his army, boasting of the wealth which they had acqui- red under their general, infected their enemies, and seduced them to desert their leader. Scipio was left almost alone in his camp; but Sylla, receiving the troops who deserted to him, made no attempt to seize their commander, suffered him to escape, and, with the accession of strength he had acquired by the junction of this army, continued his march to- wards Rome. Norbanus at the same time evacuated Capua, and, by forced marches in a different route, arrived at the city before him. About this time, Sertorius, who, before the war broke out, had, in the distribution of provinces, been appointed Proprætor of Spain, despairing of affairs in Italy, in which probably he was not suffi- ciently consulted, repaired to his province, and de- termined to try what the skill of a Roman leader could effect at the head of the warlike natives of that country. I c. XIV.] 177 OF THE ROMAN REPUBLIC. The chiefs of the Marian party, who remained in Italy, made efforts to collect all the forces they could at Rome. Carbo, upon hearing that the ar- my of Scipio had been seduced to desert their lead- er, said, "We have to do with a lion and a fox, of "which the fox is probably the more dangerous enemy of the two." 66 Norbanus, soon after his arrival at Rome, procu- red an edict of the people, by which Metellus, and the others who had joined their forces with Sylla, were declared enemies to their country. About the same time a fire broke out in the Capitol, and the buildings were burnt to the ground. Various sus- picions were entertained of the cause; but as no party had any interest in this event, it was probably accidental, and served only to agitate the minds of the people, prone to superstition, and apt to find in every calamity alarming presages, as well as present distress. U. C. 671. C. Marius, Cn. Pap. Carbo. The remainder of the season was spent by both parties in collecting their forces from every quarter of Italy; and the term of the Consuls in office being nearly expired, Carbo procured his own nomination to succeed them, and inscri- bed the name of the young Marius, scarce- ly twenty years of age, as his colleague. This person is by some said to have been the nephew, by others the adopted son, of the late celebrated C. Marius, whose name had so long been terrible to the ene- mies, and at length not less so to the friends, of Rome. At this time the Senate consented to have the plate and ornaments of the temples coined for the VOL. II. M 178 [c. XIV. THE PROGRESS AND TERMINATION pay of the supposed consular armies. The majority of its members, however, notwithstanding this act of obsequiousness, were believed to favour the op- posite party, and not fit to be trusted in case the city were attacked. In consequence of this suspicion, the whole being assembled together by orders of the Prætors, Damasippus and Brutus, numbers were ta- ken aside and put to death; of those destined to die, Quintus Mucius Scævola, Pontifex Maximus, flying to the temple in which he was accustomed to dis- charge his sacred office, was killed in the porch. The military operations of the following spring began with an obstinate fight between two consider- able armies, one commanded by Metellus, the other by Carinas. The latter being defeated with great loss, Carbo hastened to the scene of action, in order to cover the remains of the vanquished party. In the mean time Sylla, being encamped at Setia, and having intelligence that the young Marius was advancing against him, put his army in motion to meet him, forced him back to Sacriportum, near to Præneste, where an action soon after ensued, in which Marius was defeated. The routed army having fled in disorder to Præ- neste, the first who arrived were received into the place; but as it was apprehended that the enemy al- so might enter in the tumult, the gates were shut, and many, being excluded, were slaughtered under the ramparts. Marius himself escaped, by means of a rope which was let down from the battlements, and by which he was enabled to scale the walls. In consequence of this victory, Sylla invested Præ- C. XIV.] OF THE ROMAN REPUBLIC. 179 neste; and as great numbers were thus suddenly cooped up in a town, which was not prepared to subsist them, he had an immediate prospect of seeing them reduced to the necessity of surrendering at dis- cretion. Committing the charge of a blockade for this purpose to Lucretius Offella, he himself, with part of the army, proceeded to Rome. Metellus, in a second action, had defeated the army of Carbo, and Pompey, another of the same party near Sena; and thus the forces of Sylla being victorious in every part of Italy, the city was prepared to receive their leader as soon as he should appear at the gates. Upon his approach the partisans of the opposite fac- tion withdrew, and left him master of the capital. Sylla having posted his army in the field of Mars, he himself entered the city, and calling an assembly of the people, delivered an harangue, in which he imputed the disorder of the times to the injustice and cruelty of a few factious men, who had overturn- ed the government, and sacrificed the best blood of the republic to their ambition and to their personal resentments. He exhorted the well-disposed to be of good courage, and assured them that they should soon have their freedom restored. In the mean time, he gratified his own army with the spoils of the op- posite party, declaring the effects of all those to be forfeited who had been accessary to the crimes late- ly committed against the State. After this first spe- cimen of his policy in the city, leaving a sufficient force to execute his orders, he hastened to Clusium, where Carbo, being joined by a considerable rein- forcement from Spain, was preparing to recover the M 2 180 THE PROGRESS AND TERMINATION [c. XIV. metropolis, or to relieve his colleague Marius, who was reduced to great distress in Præneste. The events which followed the arrival and opera- tions of Sylla in Tuscany were various, but for the most part unfavourable to Carbo, whose force, by desertion and the sword, was declining apace. The issue of the war seemed to depend on the fate of Præ- neste, and the whole force of the party was therefore directed to the relief of that place. The Lucanians and Samnites, who had espoused the cause of the late Caius Marius, and who, by his favour, had obtained the promiscuous enrolment to which they aspired, apprehending immediate ruin to themselves, in the suppression of a party by whom alone they had been favoured, determined to make one great effort for the relief of Præneste. They were joined in Latium by a large detach- ment sent by Carbo, under Carinas and Marcius, and made an attempt to force the lines of the besiegers at Præneste, and to open the blockade of that place. But having failed in this design, they turned, with desperation, on the city of Rome itself, which was but slightly guarded by a small detachment which had been left for that purpose. Sylla being inform- ed of their intention, with hasty marches returned to the city, and found the enemy already in posses- sion of the suburbs, and preparing to force the gates. It was about four in the afternoon when he arri- ved, after a long march. Some of his officers propo- sed, that the troops, being fatigued, should have a little time to repose themselves; and that, for this purpose, they should remain under cover of the walls c. XIV. 181 OF THE ROMAN REPUBLIC. until the following day. Sylla, however, proposing, rather by his unexpected presence, and by coming to action at an unusual hour, to surprise the enemy, gave orders for an immediate attack. The event for some time was doubtful; the wing that was led by himself was repulsed, or did not make the impression expected; but the other wing under Crassus had a better fortune, put the enemy to flight, and drove them to Antemnæ. The action, though thus various in the different parts of it, became, in the event, completely deci- sive. Eighty thousand of the Marian party were kill- ed in their flight, and eight thousand taken. Carbo, in despair of the cause, fled into Sicily. The troops who were blocked up in Præneste, having no long- er any hopes of relief, surrendered themselves, and the whole party was dispersed or cut off. The young Marius attempted to escape by the galleries of a mine, of which there were many under the place * ; and being prevented, killed himself. His head was carried to Sylla, and by his order exposed in the market-place. "That boy," he said, "should have "learnt to row before he attempted to steer!" The leader of the victorious party having now re- moved all impediments from his way, proceeded to retaliate on the authors of the late disorders with a force equal to the violence with which it had been provoked. About six or eight thousand of those who were supposed to have been the busiest instru- ments of the late usurpations and murders, being ta- * Vid. Strabo, lib. v, p. 239. 182 [c. XIV. THE PROGRESS AND TERMINATION ken prisoners in the war, or surprised in the city, were, by his direction, shut up in the circus, and in- stantly put to death. While this horrid scene was acting, he had assem- bled the Senate, at a little distance, in the temple of Bellona; and as many of the members then present had either favoured, or at least tamely submitted to the late usurpation, he made them a speech on the state of the republic, in which he reproached them as accessary to the late disorders, and admonished them, for the future, to respect the legal government and constitution of their country. In the midst of these admonitions, the cries of those who were slaugh- tered in the circus reaching their ears, the assembly was greatly alarmed, and many of the members start- ed from their seats. Sylla, with a countenance stern, but undisturbed, checked them as for an instance of levity. "Be composed," he said, "and attend to "the business for which you are called. What What you "hear are no more than the cries of a few wretches, "who are suffering the punishment due to their "crimes." From this interruption he resumed his subject, and continued speaking till the massacre of these unhappy victims was completed. In a harangue which he afterwards delivered to the people, he spoke of his own services to the re- public, and of the misdemeanour of others, in terms that struck all who heard him with terror. "The "republic,” he said, (if his opinion were followed), "should be purged; but whether it were so or no, "the injuries done to himself and his friends should "be punished." He accordingly ordered military + C. XIV.] 183 OF THE ROMAN REPUBLIC. i execution against every person who had been acces- sary to the late massacres and usurpations; and while the sword was yet reeking in his hands, passed great part of his time, as usual, in mirth and dissipation with men of humorous and singular characters. He deigned not even to inquire into the abuses that were committed in the execution of his general plan. Many of the disorders which took place in the for- mer massacre were accordingly renewed. The per- sons who were employed in it, frequently indulged their own private resentment and their avarice in the choice of victims. Among these, Cataline, then a young man, had joined the victorious party; and plunged, with a singular impetuosity, into the midst of a storm which now overwhelmed a part of the city. He is said, among other persons to whom he bore an aversion, or whose effects he intended to seize, to have murdered his own brother, with strange circumstances of cruelty and horror. While these dreadful murders, though mixed with examples of a just execution, were perpetrated, a young man, C. Metellus, had the courage to address himself to Sylla in the Senate, and desired he would make known the extent of his design, and how far these executions were to be carried?" We intercede "not," he said, "for the condemned; we only en- "treat that you would relieve out of this dreadful "state of uncertainty all those whom in reality you mean to spare." (C Sylla, without being offended at this freedom, pub- lished a list of those he had doomed to destruction, offering a reward of two talents for the head of each, 184 THE PROGRESS AND TERMINATION [C. XIV. and denouncing severe penalties against every per son who should harbour or conceal them. Hence arose the practice of publishing lists of the persons to be massacred, which, under the odious name of Proscription, was afterwards imitated with such fatal effects in the subsequent convulsions of the state. The present proscription, although it promised some security to all who were not comprehended in the fatal list, opened a scene, in some respects more dreadful than that which had been formerly acted in this massacre. By the promised reward, the hands of servants were hired against their masters, and even those of children against their parents. The mercenary of every denomination were encouraged, by a great premium, to commit what before only the executioners of public justice thought themselves entitled to perform; and there followed a scene, in which human nature had full scope to exert all the evil of which it is susceptible, treachery, ingratitude, distrust, malice, and revenge; and would have re- tained no claim to our esteem or commiseration, if its character had not been redeemed by contrary in- stances of fidelity, generosity, and courage, display- ed by those who, to preserve their friends and bene- factors, or even to preserve mere objects of pity, who took refuge under their protection, risked all the dangers with which the proscribed themselves were threatened. In consequence of these measures, about five thousand persons of consideration were put to death, among whom were reckoned forty Senators, and sixteen hundred of the Equestrian order. C. XIV.] 185 OF THE ROMAN REPUBLIC. "s " From these beginnings the Romans had reason to apprehend a tyranny more sanguinary perhaps than any that ever afflicted mankind. "If in the field you slay all who are found in arms against you," said Catulus * "and in the city you slay even the "unarmed; over whom do you propose to reign?" These reproaches were by Sylla received as jests; and the freedom and ease of his manners, as well as the professions he made of regard to the common- wealth, were imputed to insensibility, or to a bar- barous dissimulation, which rendered his character more odious, and the prospect of his future inten- tions more terrifying. In comparing the present with the late usurpation and massacre, men recollected, that Marius from his infancy had been of a severe and an inexorable temper; that his resentments were sanguinary, and even his frowns were deadly; but that his cruelties were the effect of real passions, and had the apology of not being perpetrated in cold blood; that every person on whom he looked with indifference was safe; and that even when he usurped the govern- ment of the state, as soon as his personal resent- ments were gratified, the sword in his hand became an innocent pageant, and the mere ensign or badge of his power. But that Sylla directed a massacre in the midst of composure and ease; that as a private man he had been affable and pleasant, even noted for humanity and candourt; that the change of his Probably the son of him who perished in the tyranny of Marius. Plutarch. in Sylla. 186 [c. XIV. THE PROGRESS AND TERMINATION temper having commenced with his exaltation, there were no hopes that the issues of blood could be stop- ped while he was suffered to retain his power. His daring spirit, his address, his cunning, and his as- cendant over the minds of men, rendered the pro- spect of a deliverance, if not desperate, extremely remote. The republic seemed to be extinguished for ever; and if the rage for blood seemed to abate, after the first heats of execution were over, it appear- ed to be stayed only for want of victims, not from any principle of moderation, or sentiment of cle- mency. Such was the aspect of affairs, and the grounds of terror conceived even by those who were innocent of the late disorders; but to those who had reason to fear the resentment of the victor, the prospect was altogether desperate. Norbanus, having fled to Rhôdes, received at that place an account of the proscriptions, and, to avoid being delivered up, kill- ed himself. Carbo, being in Sicily, endeavoured to make his escape from thence, but was apprehended by Pompey, and killed. Thus all the ordinary of- fices of state were vacated by the desertion or death of those who had filled or usurped them. Sylla had hitherto acted as master, without any other title than that of the sword; and it was now thought necessary to supply the defect. He retired from the city, that the Senate might assemble with the more appearance of freedom. To name an In- terrex was the usual expedient for restoring the con- stitution; and for proceeding to elections in a legal form after the usual time had elapsed, or when by c. XIV.] 187 OF THE ROMAN REPUBLIC. any accident the ordinary succession to office had been interrupted. Valerius Flaccus was named. To him Sylla gave intimation, that, to resettle the commonwealth, a Dictator, for an indefinite term, should be appointed, and made offer of his own ser- vices for this purpose. These intimations were re- ceived as commands. And Flaccus, having assem- bled the people, moved for an act to vest Sylla with the title of Dictator, giving him a discretionary power over the persons, fortunes, and lives of all the citizens. No example of this kind had taken place for one hundred and twenty years preceding this date. In the former part of that period, the jealousy of the aristocracy, and in the latter part of it, the negative of the Tribunes, had always prevented a measure from which the parties severally apprehended some danger to themselves. It was now revived in the per- son of Sylla, with unusual solemnity, and ratified by an act of the people, in which they yielded up at once all their own claims to the sovereignty, and submitted to monarchy for an indefinite time. Sylla having named Valerius Flaccus for his lieutenant or commander of the horse, returned to the city, pre- senting a sight that was then unusual, a single per- son, preceded by four-and-twenty Lictors, armed with the axe and the rods; and the Dictator being likewise attended by a numerous military guard, it was not doubted that these ensigns of magistracy were to be employed, not for parade, but for serious execution, and were speedily to be stained with the blood of many citizens, whom the sword had spa- 188 [c. XIV. THE PROGRESS AND TERMINATION red. Unwilling to be troubled with ordinary affairs, and that the city, in all matters in which it was not necessary for himself to interpose, might still enjoy the benefit of its usual forms, he directed the peo- ple to assemble, and to fill up the customary lists of office. Lucretius Offella, the officer who had command- ed in the reduction of Præneste, presuming on his favour with the Dictator, and on his consequence with the army, offered himself for the Consulate. Being commanded by Sylla to desist, he still conti- nued his canvass, and while he solicited votes in the street, was, by order of the Dictator, put to death. A tumult immediately arose; the Centurion, who executed this order against Offella, was seized, and attended by a great concourse of people, was carried before the Dictator. Sylla heard the complaint with composure, told the multitude who crowded around him, that Offella had been slain by his or- ders, and that the Centurion must therefore be re- leased. He then dismissed them, with this homely but menacing apologue: "A countryman at his plough, feeling himself troubled with vermin, "once and again made a halt to pick them off his jacket; but being molested a third time, he threw "the jacket, with all its contents, into the fire. Be- "ware," he said, of the fire; provoke me not a "third time *.” Such was the tone of a govern- ment, which, from this example, was likely to be fa- 66 << • Appian. in Bell. Civil. lib. i. Plutarch, in Sylla, C. XIV.] 189 OF THE ROMAN REPUBLIC. tal to many who had concurred in establishing of it, as well as to those of the opposite party. U. C. 672. M. Tullius Decula, Cn. Corn. Dolabella, Sylla, soon after his elevation to the state of Dic- tator, proceeded to make his arrangements and to new-model the commonwealth. The army* appeared to have the first or pre- ferable claim to his attention. He accord- ingly proposed to reward them by a gift of all the lands which had been forfeited by the adherents of the opposite party. Spoletum, Interamna, Præ- neste, Fluentia, Nola, Sulmo, Volaterra, together with the countries of Samnium and Lucania, were depopulated to make way for the legions who had served under himself in the reduction of his enemies. In these new inhabitants of Italy, whose prosperity depended on his safety, he had a guard to his per- son, and a sure support to his power. By changing their condition from that of soldiers to landholders and peasants, he dispelled, at the same time, that dangerous cloud of military power, which he him- self or his antagonists had raised over the common- wealth, and provided for the permanency of any re- formations he was to introduce into the civil esta- blishment. The troops, from soldiers of fortune, became proprietors of land, and interested in the preservation of peace. In this manner, whatever may have been his intention in this arbitrary act of power, so cruel to the innocent sufferers, if there were any such, the measure had an immediate ten- dency to terminate the public confusion. Its future * It appears that Livy reckoned forty-seven legions. Epitom. lib. lxxxix. 190 [c. XIV. THE PROGRESS AND TERMINATION consequences, in pointing out to new armies, and to their ambitious leaders, a way to supplant their fel- low-citizens in their property, and to practise usur- pations more permanent than that of Sylla, were pro- bably not then foreseen. The next act of the Dictator appears more entire- ly calculated for the security of his own person. A body of ten thousand slaves, lately the property of persons involved in the ruin of the vanquished party, having their freedom and the right of citizens con- ferred on them, were enrolled promiscuously in all the Tribes; and as the enfranchised slave took the name of the person from whom he received his free- dom, these new citizens became an accession to the family of the Cornelii, and in every tumult were likely to be the sure partisans of Sylla, and the abet- tors of his power. They had received a freedom which was connected with the permanency of his government, and foresaw, that, if the leaders of the opposite party, in whose houses they had served, should be restored, they themselves must return in- to servitude; and they accordingly became an addi- tional security to the government which their patron was about to establish. So far the Dictator seemed to intend the security of his own person, and the stability of his govern- ment; but in all his subsequent institutions, there appears an intention to restore the constitution in its legislative and judicative departments, to provide a proper supply of officers for conducting the accu- mulated affairs of the commonwealth, to stop the source of former disorders, and to guard against the c. XIV.] 191 OF THE ROMAN REPUBLIC. growing depravity of the times, by extending and securing the execution of the laws. He began with filling up the rolls of the Senate which had been greatly reduced by the war, and by the sanguinary policy of the parties who had prevailed in their turns. He augmented the number of this body to five hundred; taking the new members from the Equestrian order, but leaving the choice of them to the people. Lex de ju- The legislative power of the Senate, and the judi- cative power of its members, were resto- diciis. red. The law that was provided for the last of these purposes consisted of different clauses. By the first clause it was enacted, that none but Se- nators, or those who were entitled to give their opinion in the Senate *, should be put upon any jury or list of the judges t. By the second it was provided, that, of the judges so placed on the roll, the parties should not be allowed to challenge or reject above three. By a third clause it was allowed, that judgment, in trials at law, should be given either by secret ballot, or openly, at the option of the defendant; and, by a separate regulation, that the nomination of officers to command in the provinces, with the title of Proconsul, should be committed to the Se- nate. During the late tribunitian usurpation, the whole legislative and executive power had, under pretence * All the officers of state, even before they were put upon the rolls, were entitled to speak in the Senate. + Tacit. Anual, lib. xi. Cic. pro Cliento. 192 [c. XIV. THE PROGRESS AND TERMINATION of vesting those prerogatives in the assembly of the Tribes, been seized by the Tribunes. But Sylla re- stored the ancient form of assembling the people by Centuries, and reduced the Tribunes to their defen- sive privilege of interposing by a negative against any act of oppression; and he deprived them of their pretended right to propose laws, or to harangue the people. He moreover subjoined, that none but Senators could be elected into the office of Tribune; and, to the end that no person of a factious ambi- tion might choose this station, he procured it to be enacted, that no one who had borne the office of Tribune could afterwards be promoted into any other rank of the magistracy. With respect to the offices of state, this new founder of the commonwealth revived the obsolete law which prohibited the re-election of any person into the Consulate, till after an interval of ten years; and enacted, that none could be elected Consul till after he had been Quæstor, Ædile, and Prætor. He augmented the number of Prætors from six to eight; that of Quæstors to twenty; and, to guard against the disorders which had recently afflicted the repub- lic, declared it to be treason for any Roman officer, without the authority of the Senate and people, to go beyond the limits of his own province, whether with or without an army, to make war, or to invade any foreign nation whatever. He repealed the law of Domitius relating to the election of priests, and restored to the college the entire choice of their own members. 2 07 C. XIV.] 193 OF THE ROMAN REPUBLIC. He made several additions to the penal code, by statutes against subornation, forgery, wilful fire, poisoning, rape, assault, extortion, and forcibly en- tering the house of a citizen; with a statute, decla- ring it criminal to be found in places of public re- sort with a deadly weapon of any kind. To all these he added a sumptuary law, of which the tenor is not precisely known; but it appears to have re- gulated the expense at ordinary meals and at fu- nerals, and to have likewise settled the price of visions. * pro- These laws were promulgated at certain inter- vals, and intermixed with the measures which were taken to restore the peace of the empire. In order to finish the remains of the civil war, Pompey had been sent into Sicily and Africa, and C. Annius Luscus into Spain. In this province, Sertorius had taken arms for the Marian faction; but being at- tacked by the forces of Sylla, and ill supported at first by the natives of Spain, he fled into Africa. From thence, hearing that the Lusitanians were dis- posed to take arms against the reigning party at Rome, he repassed the sea, put himself at their head, and in this situation was able, for some years, to find occupation for the arms of the republic, and for its most experienced commanders. Soon after the departure of Sylla from Asia, Mu- rena, whom he had left to command in that pro- vince, found a pretence to renew the war with Mi- thridates; and, having ventured to pass the Halys, VOL. II. * Gellius, lib. ii, c. 24. N 194 THE PROGRESS AND TERMINATION [c. XIV. was defeated by that prince, and afterwards arraign- ed as having infringed the late treaty of peace. This accusation was favourably received at Rome, the conduct of Murena censured, and first A. Gabinius, and afterwards Minucius Thermus, were sent to su- persede him in the province. Meantime Sylla, with all his disdain of personal distinction, exhibited a triumph on account of his victories in Asia and Greece. Processions were continued for two days. On the first, he deposited in the treasury fifteen thousand pondo of gold *, and an hundred and fifteen thousand pondo of sil- vert; on the second day, thirteen thousand pondo of gold ‡, and seven thousand pondo of silver ]]. There was nothing that had any reference to his victory in the civil war, except a numerous train of Senators, and other citizens of rank, who having re- sorted to his camp for protection, had been re- stored by him to their estates and their dignities, and now followed his chariot, calling him Father, and the deliverer of his country. U. C. 673. L. Corn. Sylla, Q. Cæcil. Me- tell. Pius. Upon the return of the election, Sylla was again chosen Consul, together with Q. Cæcilius Metellus. The latter was destined, at the expiration of his office, to command a- gainst Sertorius in Spain. Sylla himself still retained the dictatorial power, and was employ- ed in promulgating some of the acts of which the chief have been mentioned. *Reckoning the pondo at ten ounces, and L. 4 an ounce, this will make about L. 600,000. + About L. 287,500. About L. 520,000. About L. 140,000. Plin. lib. xxxiii, înitio. c. XIV.] 195 OF THE ROMAN REPUBLIC. Pompey having, in the preceding year, by the death of Carbo, and the dispersion of his party, finished the remains of the civil war in Sicily, was now ordered by the Senate to transport his army into Africa. There Domitius, a leader of the oppo- site faction, had erected his standard, assembled some remains of the vanquished party, and received all the fugitives who crowded for refuge to his camp. Pompey accordingly being to depart from Sicily, left the command of that island to Memmius, and embarked his army, consisting of six legions, in two divisions; of which one landed at Utica, the other in the bay of Carthage. Having soon after come to an engagement with Domitius, who had been join- ed by Jarbas, an African prince, he obtained a com- plete victory over their united forces, and pursuing his advantage, penetrated, without any resistance, into the kingdom of Numidia, which, though de- pendent on the Romans, had not yet been reduced to the form of a province. The war being ended in this quarter, Sylla thought proper to supersede Pompey in the province, and ordered him to disband his army, reserving only one legion, with which he was to wait for his successor. The troops were greatly incensed at this order; and thinking themselves equally entitled to settlements with the legions who were lately provided for in Italy, refused to lay down their arms. They earnest- ly entreated their general to embark for Rome, where they promised to make him master of the go- vernment. This young man, with a moderation which he continued to support in the height of his N 2 196 [c. XIV. THE PROGRESS AND TERMINATION ambition, withstood the temptation, and declared to the army, that, if they persisted in their purpose, he must certainly die by his own hands; that he would not do violence to the government of his country, nor be the object or pretence of a civil war. From this conduct we have reason to conclude, that if in reality he had encouraged the mutiny, it was only that he might thus have the honour of reclaiming the soldiers, and of rejecting their offer. The am- bition of this singular person, as will appear from many passages of his life, led him to aim at consi- deration more than power. While Pompey was endeavouring to bring the troops to their duty, a report was carried to Rome, that he had actually revolted, and was preparing with his army to make a descent upon Italy. 66 It 66 appears to be my fate," said Sylla, " in my old age "to fight with boys ;" and he was about to recall the veterans to his standard, when the truth was made known, and the part which Pompey had acted was properly represented. The merit of this young man on that occasion was the greater, that he him- self was unwilling to disband the army before they should return to Italy to attend a triumph, which he hoped to obtain; and that the resolution he took to comply with his orders, proceeded from respect to the Senate, and deference to the authority of the State. Sylla, won by the behaviour of Pompey on this oc- casion, was inclined to dispense with his former commands, and accordingly moved in the assembly C. XIV.] 197 OF THE ROMAN REPUBLIC. of the people, that the legions serving in Africa might return with their arms into Italy. This motion was opposed by C. Herennius, Tri- bune of the people, who ventured to employ the prerogative of his office, however impaired, against the power of the Dictator. But Sylla persisted; obtained a law to authorise Pompey to enter with his army into Italy; and when he drew near the ci- ty, went forth with a numerous body of the Senate to receive him. On this occasion, it is said, that, by calling him the Great Pompey, Sylla fixed a de- signation upon him, which, in the Roman way of distinguishing persons by casual additions, whether of contempt or respect, continued to furnish him with a title for life. The times were wretched when armies stated themselves in the commonwealth as the partisans of a leader, and when the leader, by not making war on his country, was supposed to have laid up a store of merit. Pompey, upon this occasion, laid claim to a tri- umph. Sylla at first opposed it, as being contrary to the rule and order of the commonwealth, which reserved this honour for persons who had attained to the rank either of Consul or Prætor; but he after- wards complied, being struck, it is said, with a mu- tinous saying of this aspiring young man, bidding him recollect, that there were more persons dispo- sed to worship the rising than the setting sun. In the triumph which Pompey accordingly ob- tained, he meant to have entered the city on a car- riage drawn by elephants; but these animals could not pass abreast through the gates. His donation 198 [c. XIV. THE PROGRESS AND TERMINATION to the troops falling short of their expectation, and they having murmured, and even threatened to mu- tiny, he said, the fear of losing his triumph should not affect him; that he would instantly disband the legions, rather than comply with their unreasonable demands. This check, given to the presumption of the army by an officer so young and so aspiring, gave a general satisfaction. P. Servilius, a Senator of advanced age, said, upon this occasion, "That "the young man had at last deserved his triumph " and his title." Pompey, by his vanity in demanding a triumph contrary to the established order of the common- wealth, had impaired the lustre of his former ac- tions. By this last act of magnanimity, in restrain- ing the insolence of the troops, he forfeited the af- fections of the army; and in both these circumstances together, gave a complete specimen and image of his whole life. With too much respect for the re- public to employ violent means for its ruin, he was possessed by a vanity and a jealousy of his own per- sonal consideration, which, in detail, perpetually led him to undermine its foundations. Upon the return of the elections, Sylla was again U. C. €74. P. Servi- lius, Ap. Claudius. destined for one of the Consuls; but he declined this piece of flattery, and directed the choice to fall on P. Servilius and Ap- pius Claudius. Soon after these magistrates en- tered on the discharge of their trust, the Dictator appeared, as usual, in the Forum, attended by twen- ty-four Lictors; but, instead of proceeding to any exercise of his power, made a formal resignation of c. XIV.] 199 OF THE ROMAN REPUBLIC. it, dismissed his Lictors, and, having declared to the people, that, if any one had matter of charge against him, he was ready to answer it, continued to walk in the streets in the character of a private man, and afterwards retired to his villa near Cumæ, where he exercised himself in hunting *, and other country amusements. This resignation, it must be confessed, throws a new light on the character of Sylla, and removes him far from the herd of common usurpers, who sa- crifice their fellow-creatures merely to their own lust of dominion. The sacrifices he made, shocking as they were to the feelings of humanity, now appear to have been offered at the shrine of public order, to provide, for the future, peace to his country. His ruling passion appears to have been disdain of what the vulgar admire, whether distinction or power. When tired of youthful pursuits, he sued for prefer- ment, but with so little animosity or jealousy of com- petition, that if he had not been hurried by extreme provocation into the violent course he pursued, it is probable that he never would have been heard of but upon the roll of Consuls, or the record of his triumphs, and would have disdained any encroach- ment on the right of his fellow-citizens, as much as he resented the encroachments which were made on his own. In his first attack of the city with a military force, his whole action showed, that he meant to rescue the republic from the usurpation of Marius, not to • Appian. Bell. Civil. lib. i. 200 [c. XIV. THE PROGRESS AND TERMINATION usurp the government for himself. At his return into Italy from the Mithridatic war, the state of par- ties already engaged in hostilities, and the violence done to the republic by those who pretended to go- vern it, will abundantly justify his having had re- course to arms. During the short period in which he retained his power of Dictator, without neglecting precautions for the security of his own person in the retirement he was meditating, he took the measures already mentioned, to tear up the roots of future disorder, and effect some reform in the state: but as the past had shown, what are the evils to which an overgrown and corrupted republic is exposed; so the correc- tions he attempted, although they served to prolong the struggles of virtuous men for the preservation of their country, yet were not sufficient to prevent its ruin. For some particulars of this description, which have not entered into the preceding narration, it may be observed, that he was among the few Ro- mans of his time who made any considerable ad- vance in literary studies; and that he wrote memoirs of his own life, continued to within a few days of his death, often quoted by Plutarch; that he never- theless appeared superior to the reputation of his own most splendid performances, and from simpli- city or disdain, mixed perhaps with superstition, not from affected modesty, attributed his success to good fortune or to the favour of the gods; so much, that c. XIV.] 201 OF THE ROMAN REPUBLIC. while he bestowed on Pompey the title of Great, he himself was content with that of the Fortunate *. With respect to such a personage, circumstances of a trivial nature become subjects of attention. His hair and eyes, it is said, were of a light colour, his complexion fair, and his countenance blotched. He was, by the most probable accounts, four years old at the time of the sedition of Tiberius Gracchus, and seventeen at the death of Caius, the younger brother of Tiberius; so that he might have percei- ved at this date the effect of tribunitian disorders, and taken the impressions from which he acted against them. He served the office of Quæstor un- der Marius in Africa at thirty-one; was Consul for the first time at forty-nine or fifty t; was Dictator at fifty-six; resigned when turned of fifty-eight; and died yet under sixty, in the year which follow- ed that of his resignation. There remained in the city, at his death, a nume- rous body of new citizens, who having been manu- mised by his order, bore his name: in the country a still more numerous body of veteran officers and soldiers, who held estates by his gift: numbers throughout the empire, who owed their safety to his protection, and who ascribed the existence of the commonwealth itself to the exertions of his great ability and courage; numbers who, although they were offended with the severe and bloody exercise of his power, yet admired the magnanimity of his re- signation. * Felix. Vel. Pater. lib. ii, c. 17. 202 [c. XIV. THE PROGRESS AND TERMINATION When he was no longer an object of flattery, his corpse was carried in procession through Italy at the public expense. The fasces, and every other ensign of honour, were restored to the dead. Above two thousand golden crowns were fabricated in haste, by order of the towns and provinces he had protected, or of the private persons he had pre- served, to testify their veneration for his memory. Roman matrons, whom it might be expected his cruelties would have affected with horror, lost every other sentiment in that of admiration, crowded to his funeral, and heaped the pile with perfumes *. His obsequies were performed in the Campus Mar- tius. The tomb was marked by his own directions with a characteristical inscription, to the following effect: "Here lies Sylla, who never was outdone in "good offices by his friend, nor in acts of hostility "by his enemy t." * Appian. de Bell. Civ. lib. i. Plutarch. in Sylla. + Plutarch. in Sylla, finç. c. xv.] 203 OF THE ROMAN REPUBLIC. CHAP. XV. State of the commonwealth and numbers of the people.-Cha- racters of persons who began to appear in the times of Syl- la.-Faction of Lepidus.-Sertorius harbours the Marian party in Spain.-Is attacked by Metellus and Pompey.- His death, and final suppression of the party.—First ap- pearance of C. Julius Cæsar.-Tribunes begin to trespass on the laws of Sylla.-Progress of the empire.-Preparations of Mithridates.-War with the Romans.-Irruption into Bithynia.-Siege of Cyzicus.-Raised.-Flight of Mithri- dates.—Lucullus carries the war into Pontus.-Route and dispersion of the army of Mithridates. His flight into Ar- menia.-Conduct of Lucullus in the province of Asia. THE public was so much occupied with the contest of Sylla and his antagonists, that little else is record- ed of the period in which it took place. Writers have not given us any distinct account of the con- dition of the city, or of the number of citizens. As the state was divided into two principal factions, the office of Censor was become too important for either party to intrust it with their opponents, or even in neutral hands. The leaders of every faction, in their turn, made up the rolls of the people, and disposed, at their pleasure, of the equestrian and senatorian dignities. At a survey of the city, which is mentioned by 204 [C. xv. the progress and TERMINATION Livy *, preceding the admission of the Italians, the number of citizens was three hundred and ninety- four thousand three hundred and thirty-six. At another survey, which followed soon after that event, they amounted, according to Eusebius, to four hun- dred and sixty-three thousand t; and it seems that the whole accession of citizens from the country made no more than sixty-eight thousand six hun- dred and sixty-four. The great slaughter of Romans and Italians, in which it is said that three hundred thousand men were killed, preceding the last of these musters, and the difficulty of making complete and accurate lists when the citizens were so much dis- persed, will account for the seemingly small increase of their numbers. In this period were born, and began to enter on the scene of public affairs, those persons whose con- duct was now to determine the fate of the Republic. Pompey had already distinguished himself, and stood high in the public esteem. He had been educated in the camp of his father, and, by accident, at a very early age, or before he had attained to any of the ordinary civil or political preferments, commanded an army. Cicero, being of the same age, began to be distinguished at the bar. He pleaded, in the se- cond consulate of Sylla, the cause of Roscius Ame- rinus, and having occasion to censure the actions of Chrysogonus and other favourites of the Dictator, by his freedom in that instance incurred no resent- ment from Sylla, and gained much honour to himself. * Liv. lib. lxiii. + Euseb. in Chronico. c. xv.] 205 OF THE ROMAN REPUBLIC. J Caius Cæsar, now connected with the family of Cinna, whose daughter he had married, and being nearly related to the elder Marius, who had married his aunt, narrowly escaped the sword of the prevail- ing party. Being commanded to separate from his wife, he retained her in defiance of this order, and for his contumacy was put in the list of the proscri- bed. He was saved, however, by the intercession of common friends, whose request in his favour Sylla granted, with that memorable saying, "Beware of "him there is many a Marius in the person of that young man :"-a circumstance which marked at once the penetration of Sylla, and the early appear- ances of an extraordinary character in Cæsar. 66 Marcus Porcius, afterwards named Cato of Utica, was about three years younger than Cæsar, and being early an orphan, was educated in the house of an uncle, Livius Drusus. While yet a child, listening to the conversation of the times, he learned that the pretensions of the Italian allies, then in agitation, were dangerous to the Roman state. Pompedius Silo, who managed the claim for the Italians, amu- sing himself with the young Cato, pressed him with caresses to intercede with his uncle in their behalf; and, finding that he was not to be won by flattery, next tried in vain to intimidate, by threatening to throw him from the window. "If this were a man," he said, "I believe we should obtain no such favour,' In the height of Sylla's military executions, when his portico was crowded with persons who brought the heads of the proscribed to be exchanged for the reward which had been published, Cato being car- " 206 [c. xv. THE PROGRESS AND TERMINATION ried by his tutor to pay his court, asked, "if no one "hated this man enough to kill him ?" Yes, "but 66 they fear him still more than they hate him." "Then give me a sword," said the boy, "and I will "kill him." Such were the early indications of cha- racters which afterwards became so conspicuous in the commonwealth. With the unprecedented degradation of the Tri- bune Octavius, and the subsequent murder of Tibe- rius Gracchus, began, among the parties at Rome, a scene of injuries and retaliations, with alternate periods of anarchy and violent usurpation, which must have speedily ended in the ruin of the com- monwealth, if the sword had not passed at last into hands which employed it for the restoration of pub- lic order, as well as for the avenging of private wrongs. It is indeed probable that none of the parties in these horrid scenes had a deliberate intention to sub- vert the government, but all of them treated the forms of the commonwealth with too little respect; and, to obtain some revenge of the wrongs which they themselves apprehended or endured, did not scruple in their turn to violate the laws of their country. But to those who wished to preserve the commonwealth, the experience of fifty years was now sufficient to show, that attempts to restore the laws by illegal me- thods, and to terminate animosities by retorted in- juries and provocations, were extremely vain. The excess of the evil had a tendency to exhaust its source, and parties began to nauseate the draught of which they had been made to drink so largely. There c. xv.] 207 OF THE ROMAN REPUBLIC. were, nevertheless, some dregs in the bottom of the cup, and the supplies of faction which were brought by the rising generation, were of a mixture more dan- gerous than those of the former age. The example of Sylla, who made himself lord of the commonwealth by means of a military force, and the security with which he held his usurpation during pleasure, had a more powerful effect in exciting the thirst of domi- nion, than the political uses which he made of his power, or his magnanimity in resigning it, had to re- strain or to correct the effects of that dangerous pre- cedent. Adventurers accordingly arose, who, with- out provocation, and equally indifferent to the inte- rests of party as they were to those of the republic, proceeded, with a cool and deliberate purpose, to gratify their own ambition and avarice, by subvert- ing the government of their country. U. C. 675. M. Æm. Lepidus, Q.Lut. Ca- tulus, Coss. While Sylla was yet alive, Æmilius Lepidus, a man of a profligate ambition, but of mean capa- city, supported by the remains of the popu- lar faction, stood for the Consulate, and was chosen, together with Q. Lutatius Ca- tulus, the son of him who, with Marius, triumphed for their joint victory over the Cimbri, and who af- terwards perished by the orders of that usurper. Pompey had openly joined the popular faction in support of Lepidus, and was told upon that occasion by Sylla, that he was stirring the embers of a fire which would in the end consume the republic. Af ter the death of Sylla, from a mark of disapprobation well known to the Romans, that of not being men- tioned in his will, it appeared that Pompey had lost. 208 THE PROGRESS AND TERMINATION [c. xv. his esteem. In opposition to Lepidus, however, and others, who wished to insult the memory of Sylla, this prudent young man was among the first in re- commending and performing the honours that were paid to his remains. Lepidus, upon his accession to the Consulate, moved for a recall of the proscribed exiles, a resti- tution of the forfeited lands, and a repeal of all the ordinances of the late Dictator. This motion was formally opposed by Catulus; and there ensued be- tween the two Consuls a debate which divided the city. But the party of the Senate prevailed to have the motion rejected. In the allotment of provinces, the Transalpine Gaul had fallen to Lepidus; and, upon his motion being rejected in the assembly of the people, al- though it had been some time the practice for Con- suls to remain at Rome during their continuance in office, he prepared to leave the city, in order to take possession of his province. This resolution, as it im- plied great impatience to be at the head of an army, gave some jealousy to the Senate, who dreaded the designs of a Consul desirous to join military power with his civil authority. They recollected the pro- gress of sedition which began with the Gracchi and Apuleius raising popular tumults, and ended with Marius and Sylla leading consular armies into the city, and fighting their battles in the streets. And in this point the decisive spirit of Sylla, although it may have snatched the commonwealth from the flames by which it began to be consumed, yet show- ed the way to its ruin in the means which he em- 1 c. xv.] 209 OF THE ROMAN REPUBLIC. ployed to preserve it. The Senators were willing that Lepidus should depart from the city; but they had the precaution to exact from him an oath, that he should not disturb the public peace. This oath, to avoid the appearance of any particular distrust of the person for whom it was projected, they likewise administered to his colleague t. Lepidus, notwithstanding his oath, being arrived in his province, made preparations for war; and, thinking that his faith was pledged only while he was Consul, determined to remain in Gaul at the head of his forces until his term in office expired. The Senate, in order to remove him from the army he had raised, appointed him to preside at the elec- tion of his successor. But he neglected the summons which was sent to him for this purpose; and the year of the present Consuls was by this means suffered to elapse before any election was made. The ordinary succession being thus interrupted, the Senate named Appius Claudius, as Interrex, to hold the elections, and at the same time deprived Lepidus of his command in Gaul. Upon this infor- mation he hastened to Italy with the troops he had already assembled, and greatly alarmed the republic. The Senate gave to Appius Claudius, and to Catulus, in the quality of Proconsul, the usual charge to watch over the safety of the state. These officers accord- ingly, without delay, collected a military force, while Lepidus advanced through Etruria, and published a manifesto, in which he invited all the friends of li- * Appian. de Bell. Civ. lib. i. VOL. II. + Ibid. 210 THE PROGRESS AND TERMINATION [c. xv. berty to join him, and made a formal demand of being re-invested with the consular power. In oppo- sition to this treasonable act of Lepidus, the Senate republished the law of Plautius, by which the Præ- tors were required, in the ordinary course of justice, to take cognisance of all attempts to levy war against the republic, and joined to it an additional clause or resolution of their own, obliging those magistrates to receive accusations of treason on holidays, as well as on ordinary days of business. Meantime Lepidus advanced to the very gates of Rome, seized the Janiculum and one of the bridges. But in his farther attempt to force the city, was met by Catulus, repulsed and routed. All his party dis- persed; he himself fled to Sardinia, and soon after died. His son, a young man, with part of the ar- my, retired to Alba, was there soon after taken, and suffered for a treason in which he had been engaged by his father. Marcus Brutus, the father of him who, in the con- tinuation of these troubles, afterwards fell at Philip- pi, having joined with Lepidus in this rash and pro- fligate attempt against the republic, was obliged at Mantua to surrender himself to Pompey, and, by his order, was put to death. But the most considerable part of the army of Lepidus penetrated, under the conduct of Perperna, into Spain, and joined Serto- rius, who was now become the refuge of one party in its distress, as Sylla had formerly been of the other. In this province accordingly, while peace began to be restored in Italy, a source of new trou- bles was opening for the state. The prevailing par- c. xv.] 211 OF THE ROMAN REPUBLIC. ty in the city was willing to grant an indemnity, and to suffer all prosecution, on account of the late of fences, to drop; the extreme to which Sylla had carried the severity of his executions, disposing the minds of men to the opposite course of indulgence and mercy. Before the arrival of Lepidus with his army in Italy, Mithridates had sent to obtain from the Se- nate a ratification of the treaty he had concluded with Sylla: but, upon a complaint from Ariobarza- nes, that the king of Pontus had not himself per- formed his part of that treaty by the complete resti- tution of Cappadocia, he was directed to give full satisfaction on this point before his negotiation at Rome could proceed. He accordingly complied; but by the time his ambassador had brought the re- port, the Romans were so much occupied by the war they had to maintain against Lepidus and his adherents, that they had no leisure for concerns so remote. This intelligence encouraged Mithri- dates to think of renewing the war. Sensible that he could not rely on a permanent peace with the Romans, he had already provided an army, not so considerable in respect to numbers as that which he had formerly employed against them, but more for- midable by the order and discipline he had endea- voured to introduce on the model of their own le- gion. He flattered himself, that the distraction un- der which the republic now laboured at home, would render it unable to resist his forces in Asia, and give him an opportunity to remove the only obstruction that remained to his own conquests. He avoided, 20 212 [c. xv. THE PROGRESS AND TERMINATION however, during the dependence of a negotiation, and without the pretext of a new provocation, to break out into open hostilities; but he encouraged his son-in-law, Tigranes, king of Armenia, to make war on the Roman allies in his neighbourhood, and thereby laid the foundation of a quarrel which he might either adopt or decline at pleasure. This prince, accordingly, being then building a city, un- der the name of Trigranocerta, for which he wanted inhabitants, made an incursion into the kingdom of Cappadocia, and is said to have carried off from thence three hundred thousand of the people to re- plenish his new settlement. Soon after this infraction of the peace, Mithri- dates, in order to have the co-operation of some of the parties into which the Roman state was divided, entered into a treaty with Sertorius, and wished, in concert with this adventurer, to execute the project of a march, by the route which was afterwards fre- quented by the barbarous nations in their successful attempts to invade and dismember the empire of Rome. From the shores of the Euxine it appeared easy to pass overland to the Adriatic, and once more to repeat the operations of Pyrrhus and of Hannibal, by making war on the Romans in their own country. Sertorius, who had erected the standard of the re- public in Spain, gave refuge to the Roman exiles from every quarter, and was now at the head of a formidable power, composed of Italians as well as natives of that country. By his birth and abilities he had pretensions to the highest preferments of the c. xv.] 213 OF THE ROMAN REPUBLIC. state, and had been early distinguished as a soldier, qualified either to plan or to execute. He was at- tached to Marius in the time of the Cimbric war, and became a party with this leader in his quarrel with Sylla. His animosity to the latter was increa- sed by the mutual opposition of their interests in the pursuit of civil preferments. At the beginning of the civil war, Sertorius took an active part, but shewed more respect to the constitution of his coun- try, and more mercy to those who were opposed to him, than either of his associates Marius or Cinna. When his faction was in possession of the govern- ment, he was appointed to command in Spain; and, after the ruin of its affairs in Italy, withdrew intọ that province. He was received as a Roman gover- nor; but, soon after, when his enemies had prevail- ed in Italy, was attacked on their part by Caius An- nius, who came with a proper force to dislodge him. He had established posts on the Pyrenees for the security of his province; but the officer to whom they were intrusted being assassinated, and the sta tions deserted, the enemy had free access on that side. Not in condition to maintain himself any longer in Spain, he embarked with what forces he could assemble at Carthagena, and continued for some years, with a small squadron of Cilician gal- leys, to subsist by the spoils of Africa and the con- tiguous coasts. In this state of his fortunes, Serto- rius formed a project to visit the Fortunate Islands, and if a settlement could be effected there, to bid farewell for ever to the Roman world, with all its factions, its divisions, and its troubles. But while 214 [c. xv. THE PROGRESS AND TERMINATION he was about to set sail in search of this famous re- treat in the ocean, he received an invitation from the unsubdued natives of Lusitania to become their leader. At their head his abilities soon made him conspicuous. He affected to consider his new par- tisans as the Senate and People of Rome, treating the establishment of Sylla in Italy as a mere usurpa- tion. He himself took the ensigns of a Roman of- ficer of state, selected three hundred of his follow- ers, to whom he gave the title of Senate, and, in all his transactions with foreign nations, assumed the name and style of the Roman Republic. In treating with Mithridates, he refused to cede the province of Asia, or to purchase the alliance of that prince by any concessions injurious to the Roman empire, of which he affected to consider himself and his Se- nate as the legal head. While Sertorius was acting this farce, the report of his formidable power, the late accession he had gained by the junction of some of the Marian forces under the command of Perperna, and his supposed preparations to make a descent upon Italy, gave an alarm at Rome. Metellus had been some time em- ployed against him in Spain; but being scarcely able to keep the field, the opposition he gave tended on- ly to augment the reputation of his enemy. The Consuls lately elected were judged unequal to this war, and the thoughts of all men were turned on Pompey, who, though yet in no public character, nor arrived at the legal age of state preferments, had the address on this, as on many other occasions, to make himself U. C. 676. D. Junius Brutus, Mam. E- milianus Livianus. c. xv.] 215 OF THE ROMAN REPUBLIC. be pointed at as the only person who could effec- tually serve the republic. He was accordingly, with the title of Proconsul, joined to Metellus in the conduct of the war in Spain *. It no doubt fa- cilitated the career of this young man's pretensions, that few men of distinguished abilities were now in the way to sustain the fortunes of the republic. Such persons, of whatever party, had, in their turns, been the first victims of the late violent massacres; and the party of Sylla, which was now the republic, when considered as a nursery of eminent men, had some disadvantage, perhaps, in the superiority of its leader, who was himself equal to all its affairs, and taught others to confide and obey, rather than to act for themselves. Pompey was not of an age to have suffered from this influence. He came into the party in its busiest time, and had been intrusted with separate commands. He had already obtained for himself a considerable measure of that artificial con- sideration, which, though it cannot be supported without abilities, often exceeds the degree of merit on which it is founded; and this consideration to the end of his life he continued to augment with much attention and many concerted intrigues. His genius, however, for war was real, and was now about to be exercised and improved in the contest with Sertorius, an excellent master, whose lessons were rough but instructive. * Claudius, in making this motion, alluding to the supposed insignificance of both Consuls, said, that Pompey should be sent not Proconsul, but " pro "Consulibus." 216 [c. xv. THE PROGRESS AND TERMINATION Pompey having made the levies destined for this service took his departure from Italy by a new route, and was the first Roman general who made his way into Spain by the Alps through Gaul and the Pyre- nees *. Soon after his arrival, a legion that covered the foragers of his army was intercepted and cut off by the enemy. Sertorius was engaged in the siege of Laura. Pompey advanced to relieve it. Serto- rius, upon his approach, took post on an eminence. Pompey prepared to attack him, and the besieged had hopes of immediate relief. But Sertorius had made his disposition in such a manner, that Pompey could not advance without exposing his own rear to a party that was placed to attack him. " I will "teach this pupil of Sylla," he said, "to look be- "hind as well as before him ;" and Pompey, see- ing his danger, chose to withdraw, leaving the town of Laura to fall into the enemy's hands, while he himself continued a spectator of the siege, and of the destruction of the place. After this unsuccess- ful beginning of the war, he was obliged to retire into Gaul for the winter †. U. C. 677. The following year, Cn. Octavius and C. Scribo- nius Curio being Consuls, Pompey still re- Cn. Octa- tained his command; and having repass- Scribonius ed the Pyrenees, directed his march to Sertorius lay on the Su- vius, C. Curio. join Metellus. • The communication with Spain had hitherto been carried on by sca; and in contradiction to this communication, Pompey was said to have taken Han- nibal's route. Plutarch. in Pompeio et Sertorio. Appian. Liv. Obsequens. Frontinus Stratagem. lib. ii, c. 5. c. xv.] 217 OF THE ROMAN REPUBLIC. cro *, and wished to engage one or other of these parties before their junction; and Pompey, on his part, being desirous to reap the glory of a separate victory, an action ensued, in which the wing on which Pompey fought was defeated by Sertorius; but the other wing had the victory over Perperna. As Sertorius was about to renew the action on the following day, he was prevented by the arrival of Metellus." If the old woman had not interposed," he said, "I should have whipt the boy, and sent "him back to his schools at Rome." This war continued about two years longer with various success, but without any memorable event, until it ended by the death of Sertorius, who, at the instigation of his associate Perperna, was betrayed and assassinated by a few of his own attendants. Perperna, having removed Sertorius by this base ac- tion, put himself at the head of both their adherents, and endeavoured to keep them united, at least until he should be able to purchase his peace at Rome. He was, however, deserted by numbers of those who had been attached to Sertorius, and at last surprised by Pompey, and slain. He had made offers to dis- close the secrets of the party, and to produce the correspondence which many of the principal citi- zens at Rome held with Sertorius, inviting him to return into Italy, and promising to join him with a considerable force. The letters which had passed in this correspondence were secured by Pompey, and, without being opened, were burned. So mas- * The Xucar, which falls into the bay of Valentia. 218 [c. xv. THE PROGRESS AND TERMINATION terly an act of prudence, in a person who was yet considered as a young man, has been deservedly ad- mired. It served to extinguish the remains of the Marian faction, and reconciled men, otherwise disaf- fected, to a situation in which they were now assured of impunity and even of concealment. While Pompey was thus gathering laurels in the field, C. Julius Cæsar, being about seven years younger, that is, twenty-three years of age, was re- turned from Asia; and, to make some trial of his parts, lodged a complaint against Dolabella, late Proconsul of Macedonia, for oppression and extor- tion in his province. Cotta and Hortensius appear- ing for the defendant, procured his acquittal. Ci- cero says, that he himself was then returned from a journey he had made into Asia, and was present at this trial. The following year Cæsar left Rome, with intention to pass some time under a celebrated master of rhetoric at Rhôdes. In his way he was taken by pirates, and remained their prisoner about forty days, until he found means to procure from Metellus a sum of fifty talents*, which was paid for his ransom. He had frequently warned the pirates, while yet in their hands, that he should punish their insolence; and at parting, he told them to expect the performance of his promise. Upon being set on shore, he assembled and armed some vessels on the coast, pursued his late captors, took and brought them into port. From thence he hastened to Ju- nius Silanus, the Proconsul of Bithynia, and applied * Near to L. 10,000. c. xv.] 219 OF THE ROMAN REPUBLIC. for an order to have them executed; but being re- fused by this officer, he made his way back with still greater dispatch, and, before any instructions could arrive to the contrary, had his prisoners nailed to the cross. Such lawless banditti had long infested the seas of Asia and of Greece, and furnished at times no inconsiderable employment to the arms of the republic. Servilius Vatia, who afterwards bore the title of Isauricus, had lately been employed against them; and, after clearing the seas, endea- voured likewise to destroy or to secure their sea- ports and strongholds on shore. They, nevertheless, recovered from this blow they had received from Isauricus, and continued to appear at intervals in new swarms, to the great interruption of commerce and of all the communications by sea, in the em- pire. Under the reformations of Sylla, which, by dis- arming the tribunitian power, in a great measure shut up the source of former disorders, the republic was now restored to some degree of tranquillity, and resumed its attention to the ordinary affairs of peace. The bridge on the Tiber, which had been erected of wood, was taken down and rebuilt with stone; bearing the name of Æmilius, one of the Quæstors under whose inspection the fabric had been reared; and as a public concern of still greater importance, it is mentioned, that a treatise on agriculture, the production of Mago a Carthaginian, and in the lan- guage of Carthage, was, by the express orders of the Senate, now translated into Latin. At the reduc- tion of Carthage, the Romans were yet governed 220 [c. XV. THE PROGRESS AND TERMINATION by husbandmen, and, amidst the literary spoils of that city, this book alone, consisting of twenty-eight rolls or volumes, was supposed to merit so much of the public attention as to be secured for the state. A number of persons skilled in the Punic language, together with Silanus, who had the principal charge of the business, were now employed in translating it *. The calm, however, which the republic enjoyed under this period of regular government and pacific pursuits, was not altogether undisturbed. In the Consulate of Cn. Octavius and C. Scribonius Curio, the Tribune Licinius made an attempt to recover the former powers of the office. He ventured, in presence of both the Consuls, to harangue the peo- ple, and exhorted them to reassume their ancient rights. As a circumstance which serves to mark the petulant boldness of these men, it is mentioned that the Consul Octavius, on this occasion, being ill, was muffled up, and covered with a dressing which brought flies in great numbers about him. The Consuls being placed together, Curio made a vehe- ment speech, at the close of which, the Tribune called out to Octavius, "You never can repay your colleague's service of this day; if he had not been 66 near you, while he spoke, and beat the air so much "with his gesticulations, the flies must by this time "have eaten you up t." The sequel is imperfectly known; but the dispute appears to have been car- ried to a great height, and to have ended in a tu- mult, in which the Tribune Licinius was killed. * Plin. lib. xviii, c. 5. Cicero de Claris Oratoribus, c. xv.] 221 OF THE ROMAN REPUBLIC. P Upon a review of Sylla's acts intended to restore the authority of the Senate, it may be questioned, whether that clause in the law relating to the Tri- bunes, by which all persons having accepted of this office were excluded from any further preferment in the state, may not have had an ill effect, and requi- red correction. It rendered the Tribunate an object only to the meanest of the Senators, who, upon their acceptance of it, ceasing to have any pretensions to the higher offices of state, were, by this means, de- prived of any interest in the government, and exas- perated of course against the higher dignities of the commonwealth, from which they were themselves U. C. 678. excluded. Aurelius Cotta, one of the L. Octa- vius, C. Aurelius Cotta. Consuls that succeeded Cn. Octavius and Curio, moved perhaps by this considera- tion, proposed to have that clause repeal- ed, and was warmly supported by the Tribune Opi- mius, who, contrary to the prohibition lately enact- ed, ventured to harangue the people; and for this offence, at the expiration of his office, was tried and condemned *. By the defects which the people began to appre- hend in their present institutions, or by the part which their demagogues began to take against the Aristocracy, the Roman state, after a very short re- spite, began to relapse into its former troubles, and was again to exhibit the curious spectacle of a nation divided against itself, broken and distracted in its councils at home, but victorious in all its operations * Cicero. 5tio, in Verram, et Pædianus, ibid. 222 THE PROGRESS AND TERMINATION P 1 [c. xv. abroad, and gaining continual accessions of empire, under the effect of convulsions which shook the commonwealth itself to its base; and, what is still less to be paralleled in the history of mankind, ex- hibiting the spectacle of a nation, which continued from the earliest ages to proceed in its affairs abroad with a success that may be imputed in a great mea- sure to its divisions at home. War, in the detail of its operations, if not even in the formation of its plans, is more likely to succeed under single men than under numerous councils. The Roman constitution, though far from an ar- rangement proper to preserve domestic peace and tranquillity, was an excellent nursery of statesmen and warriors. To individuals trained in this school, all foreign affairs were committed with little respon- sibility and less control. The ruling passion, even of the least virtuous citizens, during some ages, was the ambition of being considerable, and of rising to the highest dignities of the state at home. In the provinces they enjoyed the condition of monarchs; but they valued this condition only as it furnished them with the occasion of triumphs, and contributed to their importance at Rome. They were factious and turbulent in their competition for preferment and honours in the capital; but, in order the better to support that very contest at home, were faithful and inflexible in maintaining all the pretensions of the state abroad. Thus Sylla, though deprived of his command by an act of the opposite faction at Rome, and with many of his friends, who escaped from the bloody hands of their persecutors, con- c. xv.] 223 OF THE ROMAN REPUBLIC. demned and outlawed, still maintained the part of an officer of state, and prescribed to Mithridates, in the terms which might have been expected from a Roman Magistrate in the most undisturbed exer- cise of his trust. Sertorius, in the same manner, acting for the opposite faction, in some measure preserved a similar dignity of character, and on the proposals which were made to him by the same Prince, refused to make concessions unworthy of the Roman republic. Contrary to the fate of other na- tions, where the state is weak, while the conduct of individuals is regular; here the state was in vigour, while the conduct of individuals was in the highest degree irregular and wild. The reputation of the Romans, even in the in- tervals of war, procured them accessions of terri- tory without labour, and without expense. Thus, kingdoms were bequeathed to them by will; as that of Pergamus formerly by the testament of Attalus; that of Cyrene, at the bequest of Ptolemy Appion; and that of Bithynia, about this time, by the will of Nicomedes. To the same effect, princes and states, where they did not make any formal cession of their sovereignty, did somewhat equivalent, by submit- ting their rights to discussion at Rome, and by so- liciting from the Romans, grants of which the world now seemed to acknowledge the validity, by having recourse to them as the basis of tenures by which they were to hold their possessions. To the same effect also, the sons of the last Antiochus, king of Syria, having passed two years at Rome, waiting de- cisions of the Senate, and soliciting a grant of the 224 [c. xv. THE PROGRESS AND TERMINATION kingdom of Egypt, on which they formed their op- posite pretensions, thus stated themselves as subjects or dependents on the republic of Rome. In Asia, by these means, the Roman empire ad- vanced on the ruin of those who had formerly op- posed its progress. The Macedonian line, in the monarchy of Syria, was now broken off, or extinct. The monarchy itself was no more. For on the de- feat of Antiochus at Sipylus, followed by the defec- tion of provincial governors and tributary princes, who, no longer awed by the power of their former master, entered into a correspondence with the Ro- mans, and were by them acknowledged as sove- reigns, the empire of Syria, once so entire, was split and dismembered. In this manner also the states of Armenia, long subject to the Persians, and after- wards to the Macedonians, now became the seat of a new monarchy under Tigranes. And, to complete these revolutions of empire, the natives of the last district to which the name of Syria was affixed, weary of the degeneracy and weakness of their own court, of the irregularity of the succession to the throne of their own kingdom; weary of the frequent compe- titions which involved them in blood, invited Ti- granes the king of Armenia to wield a sceptre which the descendants of Seleucus were no longer in con- dition to hold. This prince, accordingly, extended his kingdom to both sides of the Euphrates, and held the remains of Assyria itself as one of its divisions *. In these circumstances, the Romans were left un- * Strabo, lib. xi, fine. ~ c. xv.] 225 OF THE ROMAN REPUBLIC. disturbed to re-establish their province in the Les- ser Asia: and under the auspices of Servilius, who, from his principal acquisition in those parts, had the name of Isauricus, were extending their limits on the side of Cilicia, and were hastening to the sove- reignty of that coast, when their progress was sud- denly checked by the re-appearance of an enemy, who had already given them much trouble in the eastern part of the empire. Mithridates, king of Pontus, who appears to have revived in his own breast the animosities of Pyrrhus and of Hannibal against the Romans, had never cea- sed, since the date of his last mortifying treaty with Sylla, to devise the means of renewing the war. Ha- ving attempted in vain to engage Sylla in a league with himself against the Romans, he made a similar attempt on Sertorius, to which we have already re- ferred. Affecting to consider this fugitive, with his little Senate, as head of the republic, he pressed for a cession of the Roman province in Asia in his own favour, and in return offered to assist the followers of Sertorius with all his forces in the recovery of Italy. In this negotiation, however, he found, as has been already remarked, that whoever assumed the character of a Roman officer of state, supported it with a like inflexible dignity. Sertorius refused to dismember the empire, but accepted of the prof fered aid from Mithridates, and agreed to supply him with officers of the Roman establishment to as- sist in the formation and discipline of his troops. The king of Pontus, now bent on correcting the error which is common in extensive and barbarous VOL. II. P i 226 THE PROGRESS AND TERMINATION [C. XV. monarchies, of relying entirely on numbers, with less attention to discipline or military skill, proposed to form a more regular army than that which he had assembled in the former war; and however little successful in his attempts, he endeavoured to rival his enemy in every particular of their discipline, in the choice and use of their weapons, and in the form of their legion. With troops beginning to make these reformations, and amounting to one hun- dred and twenty thousand foot, and sixteen thousand horse, he made an open declaration of war, and, without resistance, took possession of Cappadocia and Phrygia, beyond the bounds which the Romans had prescribed to his kingdom. As he was to act both by sea and by land, he began with customary oblations to Neptune and to Mars. To the first he made an offering of a splendid carriage, drawn by white horses, which he precipitated from a cliff, and sunk in the sea; to the other, he made a sacrifice, which, as described by the historian *, filled the ima- gination more than any of the rites usually practi- sed by ancient nations. The king, with his army, ascended the highest mountain on their route, form- ed on its summit a great pile of wood, of which he himself laid the first materials, and ordered the fa- bric to be raised in a pyramidical form to a great height. The top was loaded with offerings of ho- ney, milk, oil, wine, and perfumes. As soon as it was finished, the army around it began the solemni- ty with a feast, at the end of which the pile was set * Appian. c. xv.] 227 OF THE ROMAN REPUBLIC. } on fire, and in proportion as the heat increased, the host extended its circle, and came down from the mountain. The smoke and the flames continued to ascend for many days, and were seen, it is said, at the distance of a thousand stadia, or above an hun- dred miles *. After this solemnity was over, Mithridates endea- voured to animate and to unite in a common zeal for his cause the different nations which, in forming his army, had been collected from the most distant parts of the empire. For this purpose he enumera- ted the successes by which he himself had raised his kingdom to its present pitch of greatness, and repre- sented the numerous vices or defects of the enemy with whom he was now to contend, reciting their divisions at home, their oppression abroad, their ava- rice and their insatiable lust of dominion. The Romans were some time undetermined in the choice of a person to be employed against this formidable enemy. Pompey, being still in Spain, saw with regret a service of this importance likely to fall to the share of another; and he had his par- tisans at Rome who would have gladly put off the nomination of any general to this command, until he himself could arrive with his army to receive it. He had about this time, impatient of his absence from Rome, wrote a letter to the Senate, complain- ing, in petulant terms, of their neglect, and of the straits to which the troops under his command were reduced for want of pay and provisions, and threat- Appian, de Bell. Mithridat. P 2 228 [c. xv. THE PROGRESS AND TERMINATION ening, if not speedily supplied, to fall back upon Italy. The Consul Lucullus, apprehending what might be the consequence of Pompey's arrival with a military force, and wishing not to furnish him with any pretence for leaving his province, had the army in Spain completely supplied, and at the same time took proper measures to support his own pretensions to the command in Asia. From his rank as Consul in office, he had a natural claim to this station; and from his knowledge of the country, and of the war * with this very enemy, in which he had already borne some part under Sylla †, he was well entitled to plead his qualifications and his merits. When the provinces came to be distributed, the difficulties which presented themselves in Asia were thought to require the presence of both the Consuls. The kingdom of Bithynia, which had been lately be- queathed to the Romans, was in danger of being in- vaded before they could obtain a formal possession of this inheritance; at the same time that the ene- • Vide Cicer. in Lucullo, c. 1, et 2. + Plutarch. in Lucul. initio, edit. Lond. 4to, vol. iii, p. 137. Cicero is often quoted to prove, that Lucullus, at this time, was a mere no- vice in war, and owed the knowledge by which he came to be distinguished, to speculation and study, not to experience. It is observed by Lord Boling- broke, that Cicero, who, among his other pretensions to fame, aspired to that of a military commander, had an interest in having it believed that great offi- cers might be formed in this manner: But as he could not be ignorant that Lucullus had acted under Sylla, it is probable that he affected to consider the part which was assigned to him by Sylla as a mere civil employment. He is indeed mentioned as having charge of the coinage with which Sylla paid his army, and of the fleet with which he transported them into Asia; but it is not to be supposed that these were the only operations confided by Sylla to a lieu- tenant of so much ability. c. xv.] 229 OF THE ROMAN REPUBLIC. my, by whom they were threatened, was not likely to limit his operations to the attack of that country. Of the Consuls, Cotta was appointed to seize on the kingdom of Bithynia, and Lucullus, to lead the ar- my against Mithridates wherever else he should car- ry the war. Cotta set out immediately for his pro- vince. Lucullus, being detained in making the ne- cessary levies, followed some time afterwards; but before his arrival in Asia, Cotta had been obliged to evacuate Bithynia, and to take refuge in Chalcedo- nia. The king of Pontus, being superior both by sea and by land, had overrun the country in the neighbourhood of this place; and, having broke the chain which shut up the mouth of the harbour, en- tered and burnt some Roman galleys which were stationed there. Not thinking it advisable to attack the town of Chalcedonia, he turned his forces against Cyzicus, a port on the Propontis, and blocked up the place both by sea and by land; being well pro- vided with battering engines, and the other neces- saries of a siege, he had hopes of being soon able to reduce it by storm. The inhabitants, nevertheless, were prepared to resist, and were in expectation of being speedily relieved by the Romans. Such was the state of affairs when Lucullus arri- ved in Asia; and having joined his new levies to the legions which had served under Fimbria, and to the other troops already in the province, he assembled an army of about thirty thousand men, with which he advanced to re-establish Cotta in his province, and to relieve the town of Cyzicus. Mithridates being elated by his own successes, 230 THE FROGRESS AND TERMINATION [c. xv. and by the superiority of his numbers, did not suffi- ciently attend to the motions of Lucullus, suffered him to get possession of the heights in his rear, and to cut off his principal supplies of provisions and forage. Trusting, however, that his magazines would not be exhausted before he should have forced the town of Cyzicus to surrender, he continued the siege. But his engines not being well served, and the de- fence being obstinate, his army began to be distress- ed for want of provisions, and it became necessary to lessen his consumption. For this purpose he se- cretly detached some part of his cavalry, which be- ing intercepted by the Romans on their march, were cut off or dispersed; and the king, now seeing the remainder of his troops unable to subsist any longer in their present situation, embarked on board one of his galleys, ordered the army to force their way to Lampsacus, while he himself endeavoured to escape with his fleet. In this retreat, being harassed by Lucullus, the greater part of the late besiegers of Cyzicus perished in passing the Asopus and the Gran- nicus. The king himself, having put into Nicome- dia, and from thence continuing his voyage through the Bosphorus to the Euxine, was overtaken on that sea by a storm, and lost the greatest part of his ship- ping. His own galley being sunk, he himself nar- rowly escaped in a barge. The whole force with which the king of Pontus had invaded Bithynia, being thus dispelled like a cloud, Lucullus employed some time in reducing the towns into which any of the troops of Mithridates had been received; and having effectually destroyed c. xv.] 231 OF THE ROMAN REPUBLIC. the remains of the vanquished army, took his route by Bithynia and Galatia towards Pontus. At the entrance into this kingdom was situate the town of Amysus, a considerable fortress on the coast of the Euxine, into which had been thrown a sufficient force to retard the progress of an enemy. Mithri- dates, under favour of the delays obtained by the defence of this place, assembled a new army at Ca- bira, near the frontier of Armenia. Here he mus- tered about forty thousand foot, and a considerable body of horse, and was soliciting the Scythians, Ar- menians, and all the nations of that continent to his aid. Lucullus, in order to prevent, if possible, any fur- ther reinforcements to the enemy, committed the siege of Amysus to Murena, and advanced with his army into the plains of Cabira. On this ground the Roman horse received repeated checks from those of the enemy, and were kept in continual alarm, un- til their general, having time to observe the coun- try, avoided the plains on which the king of Pontus, by means of his cavalry, was greatly superior. In pursuit of this plan, though very much straitened for provisions, Lucullus kept his position on the heights, until the enemy could be attacked with ad- vantage. The skirmishes which happened between the foraging parties, brought into action consider- able numbers from the respective armies; and the troops of Mithridates, having been routed in one of these partial encounters, the king took a resolution to decamp in the night, and remove to a greater dis- tance from his enemy. As soon as it was dark, the 232 [c. xv. THE PROGRESS AND TERMINATION equipage and the attendants of the leading men in the camp to whom he had communicated this reso- lution began to withdraw; and the army, greatly alarmed with that appearance, was seized with a pa- nic, and could not be restrained from flight. Horse and foot, and bodies of every description, crowded in disorder into the outlets from the camp, and were trod under foot, or in great numbers perished by each other's hands. Mithridates himself, endea- vouring to stop and to undeceive them, was carried off as by the torrent, which could not be withstood. The noise of this tumult being heard to a great distance, and the occasion being known in the Ro- man camp, Lucullus advanced with his army to profit by the confusion into which the enemy were fallen, and by a vigorous attack, having put many to the sword, hastened their total rout and disper- sion. The king himself was, by one of his servants, with difficulty mounted on horseback, and must have been taken, if the pursuing party had not been amused in seizing some plunder, which he had ordered on purpose to be left in their way. A mule, loaded with some part of the royal treasure, turned the at- tention of his pursuers, while he himself made his escape. In his flight the king appeared to be most affect- ed with the fate of his women. The greatest num- ber of them were left at the palace of Pharnacea, a place that must soon fall into the hands of the ene- my. He therefore dispatched a faithful eunuch with orders to put them to death, leaving the choice of c. xv.] 283 OF THE ROMAN REPUBLIC. the manner to themselves. A few are particularly mentioned. Of two, who were his own sisters, Roxana and Statira, one died uttering execrations against her brother's cruelty, the other extolling, in that extremity of his own fortune, the generous care he took of their honour. Monimé, a Greek of Mi- letus, celebrated for her beauty, whom the king had long wooed in vain with proffers of great riches, and whom he won at last only by the participation of his crown, and the earnest of the nuptial rites, had ever lamented her fortune, which, instead of a royal husband and a palace, had given her a prison, and a barbarous keeper. Being now told that she must die, but that the manner of her death was left to her own choice, she unbound the royal fillet from her hair, and, using it as a bandage, endeavoured to strangle herself. It broke in the attempt: "Bau- "ble," she said, "it is not fit even for this!" then stretching out her neck to the eunuch, bid him ful- fil his master's purpose. Berenice of Chios, another Grecian beauty, had likewise been honoured with the nuptial crown, and, having been attended in her state of melancholy elevation by her mother, who, on this occasion, likewise resolved to partake of her daughter's fate; they chose to die by poison. The mother entreated that she might have the first draught; and died before her daughter. The re- mainder of the dose not being sufficient for the queen, she put herself likewise into the hands of the executioner, and was strangled. By these deaths, the barbarous jealousy of the king was gratified, and 234 [c. xv. THE PROGRESS AND TERMINATION the future triumph of the Roman general deprived of its principal ornaments. } Lucullus, after his victory, having no enemy in the field to oppose him, overran the country, and passed without interruption through most of the towns in the kingdom of Pontus. He found many palaces enriched with treasure, and adorned with barbarous magnificence; and, as might be expected under such a violent and distrustful government, every where places of confinement crowded with prisoners of state, whom the jealousy of the king had secured, and whom his supercilious neglect had suf- fered to remain in custody, even after his jealousy was allayed. Mithridates, from his late defeat, fled into Arme- nia, and claimed the protection of Tigranes, who being married to his daughter, had already favoured him in his designs against the Romans. This powerful prince, now become sovereign of Syria as well as Armenia, still continued his resi- dence in the last of these kingdoms, at Tigranocerta, a city he himself had built, stocked with inhabitants, and distinguished by his own name. On the arrival of Mithridates to sue for his protection, Tigranes de- clined to see him, but ordered him a princely recep- tion in one of the palaces. Lucullus continued his pursuit of this flying ene- my only to the frontier of Armenia, and from thence, sending Publius Clodius, who was his brother-in-law, to the court of Tigranes, with instructions to require that Mithridates should be delivered up as a lawful prey, he himself fell back into the kingdom of Pon- c. xv.] 235 OF THE ROMAN REPUBLIC. tus, and soon after reduced Amysus, together with Sinopé, and other places of strength, which were held by the troops of the king. The inhabitants of these places had been original- ly colonies from Greece, and having been subdued by the Persians, were, on the arrival of Alexander the Great, from respect to their origin, restored to their freedom. In imitation of this example, and agreeably to the profession which the Romans ever made of protecting the liberties of Greece, Lucullus once more declared those cities to be free. In his quality of Proconsul, having now sufficient leisure to attend to the general state of the Roman affairs that were committed to his government, he found the following particulars, from which we may collect the measure of abuse to which the conquer- ed provinces were exposed. The collectors of reve- nue, under pretext of levying the tax imposed by Sylla, had been guilty of the greatest oppressions. The inhabitants, in order to pay this tax, borrow- ed money of the Roman officers and merchants at exorbitant interest; and, when they no longer had any credit, their effects were distrained for payment, or themselves threatened with imprisonment and tortures: private persons were reduced to the ne- cessity of exposing their children to sale, and cor- porations of selling the pictures, images, and other ornaments of their temples, in order to satisfy these inhuman creditors. Willing to restrain, or to cor- rect these abuses, Lucullus ordained, that where the sum exacted for usury was equal to the capital, the debt should be cancelled; and in other cases, fixed 236 [c. xv. THE PROGRESS AND TERMINATION the interest at a moderate rate. These acts of be- neficence or justice to the provinces, were, by the farmers of the revenue, represented as acts of op- pression and cruelty to themselves, and were, among their connections, and the sharers of their profits at Rome, stated against Lucullus as subjects of com- plaint and reproach. c. XVI.] 237 OF THE ROMAN REPUBLIC. $ CHAP. XVI. Escape and revolt of the gladiators at Capua.-Spartacus. Action and defeat of Lentulus the Roman Consul.—And of Cassius the Prætor of Gaul.-Appointment of M. Crassus for this service.-Destruction of the gladiators.-Triumph of Metellus and Pompey.-Consulship of Pompey and Cras- sus.-Tribunes restored to their former powers.-Consulate of Metellus and Hortensius.-War in Crete.-Renewal of the war in Pontus and Armenia.-Defeat of Tigranes.- Negotiation with the king of Parthia.-Mutiny of the Ro- man army.-Complaints of piracies committed in the Roman seas. Commission proposed to Pompey. His conduct against the pirates.-His commission extended to Pontus.- Operations against Mithridates.-Defeat and flight of that prince.-Operations of Pompey in Syria.-Siege and reduc- tion of Jerusalem.-Death of Mithridates. U. C. 680. M. Teren. Varro, C. Cass. Va- rus. Soon after the war, of which we have thus stated the event, had commenced in Asia, Italy was thrown into great confusion by the accidental escape of a few gladiators from the place of their confinement at Capua. These were slaves trained up to furnish their masters with a spectacle, which, though cruel and barbarous, drew numerous crowds of beholders. It was at first introduced as a species of human sacrifice at fune- rals, and such victims were now kept by the wealthy 238 [c. xvI. THE PROGRESS AND TERMINATION in great numbers for the entertainment of the pub- lic, and even for private amusement. The hand- somest, the most active, and the boldest of the slaves or captives were selected for this purpose. They were sworn to decline no combat, and to shun no hardship, to which they were exposed by their mas- ters; they were of different denominations, and ac- customed to fight in different ways; but those from whom the whole received their designation, em- ployed the sword and buckler, or target; and they commonly fought naked, that the place and nature of the wounds they received might the more plainly appear. Even in this prostitution of valour, refinements of honour were introduced. There were certain gra- ces of attitude which the gladiator was not permit- ted to quit, even to avoid a wound. There was a manner which he studied to preserve in his fall, in his bleeding posture, and even in his death. He was applauded, or hissed, according as he succeeded or failed in any of these particulars. When, after a te- dious struggle, he was spent with labour and with the loss of blood, he still endeavoured to preserve the dignity of his character, dropt or resumed the sword at his master's pleasure, and looked round to the spectators for marks of their satisfaction and ap- plause *. Persons of every age, condition and sex, attended at these exhibitions; and when the pair who were engaged began to strain and to bleed, the spectators, * Cic. Tusculanarum, lib. ii, c. 17. c. XVI.] 239 OF THE ROMAN REPUBLIC. being divided in their inclinations, endeavoured to excite, by their cries and acclamations, the party they favoured; and when the contest was ended, called to the victor to strike, or to spare, according as the vanquished was supposed to have forfeited or to have deserved his life *. With spectacles of this sort, which must create so much disgust and horror in the recital, the Romans were more intoxicated than any populace in modern Europe now are with the baiting of bulls, or the running of horses, proba- bly because they were more deeply affected, and more intensely moved by the scene. Spartacus, a Thracian captive, who, on account of his strength and activity, had been destined for this barbarous profession, with about seventy or eighty of his companions, having escaped from their place of confinement, armed themselves with such weapons as accident presented to them, and retiring to some fastness on the ascents of Vesuvius, from thence harassed the country with robberies and mur- ders. "If we are to fight," said the leader of this desperate band," let us fight against our oppressors, "and in behalf of our own liberties, not to make "sport for this petulant and cruel race of men.” Multitudes of slaves from every quarter flocked to his standard. The Præfect of Capua turned out the inhabitants of his district against them, but was de- feated. This feeble and unsuccessful attempt to quell the insurrection, furnished the rebels with arms, and rai- sed their reputation and their courage. Their leader, * Cicero pro Sexto, c. 27. Tuscul. Quæst. Spartacus, lib. ii, c. 17. 240 [c. XVI. THE PROGRESS AND TERMINATION by his generosity in rejecting his own share of any booty he made by his conduct and his valour, ac- quired the authority of a legal commander; and, having named Crixus and Enomaus, two other gla- diators, for his subordinate officers, he formed the multitudes that resorted to him into regular bodies, employed a certain number to fabricate arms, and to procure the necessary accommodations of a camp, till at length he collected an army of seventy thousand men, with which he commanded the country to a great extent. He had already successively defeated the Prætors Clodius, Varinus, and Cossinius, who had been sent against him with considerable forces, so that it became necessary to order proper levies, and to give to the Consuls the charge of repressing this formidable enemy. Spartacus had too much prudence to think himself fit to contend with the force of the Roman State, which he perceived must soon be assembled against him. He contented himself, therefore, with a more rational scheme, of conducting his army by the ridge of the Appenines, till he should gain the Alps, from whence his followers, whether Gauls, Germans, or Thracians, might separate, each into the country of which he was a native, or from which he had been brought into the state of bondage, from which they now endeavoured to extricate themselves. U. C. 681. L. Gell. Poplicola, Cn. Corn. While he began his progress by the mountains, in order to execute this project, the Consuls, Gellius and Lentulus, had already taken the field against him. They at first sur- prised and cut off a considerable body un- Lent. Clo- dianus. 1 c. XVI.] OF THE ROMAN REPUBLIC. 241 der Crixus, who had fallen down from the heights in order to pillage the country. But Lentulus after- wards pressing hard upon Spartacus, who led the main body of the rebels, brought on an action, in which the consular army was defeated with consi- derable loss. Cassius too, the Prætor of Cisalpine Gaul, having advanced upon him with an army of ten thousand men, was repulsed with great slaugh- ter. In consequence of these advantages, Spartacus might no doubt have effected his retreat to the Alps; but his army being elated with victory, and consi- dering themselves as masters of Italy, were unwill- ing to abandon their conquest. He himself formed a new project of marching to Rome; and for this purpose destroyed all his superfluous baggage and cattle, put his captives to death, and refused to re- ceive any more of the slaves who were still in mul- titudes resorting to his standard. He probably ex- pected to elude or to pass the Roman armies with- out a battle, and to force the city of Rome itself by an unexpected assault. In this he was disappoint- ed by the Consuls, with whom he was obliged to fight in the Picenum; and, though victorious in the action, he lost hopes of surprising the city. But still thinking himself in condition to keep his ground in Italy, he only altered his route, and directed his march towards Lucania. The Romans greatly embarrassed, and thrown into some degree of consternation, by the unexpect- ed continuance of an insurrection which had given them much trouble, and which exposed their armies VOL. II. Q QFQ THE PROGRESS AND TERMINATION [C. XVI. to much danger, with little prospect of honour; not being courted, as usual, for the command in this service, they imposed, rather than conferred it on Marcus Crassus, then in the rank of Prætor, and considered as a person of consequence, more on ac- count of his wealth, than of his abilities; though in this service, after others had failed, he laid the foun- dation of a more favourable judgment. They at the same time sent orders to Pompey, who had finished the war in Spain, to hasten into Italy with his army; and to the Proconsul of Macedonia, to embark with what forces could be spared from his province. Crassus assembled no less than six legions, with which he joined the army which had been already so unsuccessful against the revolt. Of the troops who had miscarried, he is said to have executed, perhaps only decimated, four thousand, as an exam- ple to the new levies, and as a warning of the seve- rities they were to expect for any failure in the re- maining part of the service. Upon his arrival in Lucania he cut off ten thou- sand of the rebels, who were stationed at a distance from the main body of their army, and he endea- voured to shut up Spartacus in the peninsula of Bru- tium, or head of land which extends to the Straits of Messina. The gladiators desired to pass into Si- cily, where their fellow-sufferers, the slaves of that isl and, were not yet entirely subdued, and where great numbers at all times were prepared to revolt; but they were prevented by the want of shipping. Cras- sus at the same time undertook a work of great la- bour, that of intrenching the land from sea to sea c. XVI.] 243 OF THE ROMAN REPUBLIC. with a ditch fifteen feet wide, and as many deep, extending, according to Plutarch, three hundred stadia, or above thirty miles. Spartacus endeavour- ing to interrupt the execution of this work, was fre- quently repulsed; and his followers beginning to despond, entertained thoughts of surrender. But, in order to supply by despair what they lost in courage, he put them in mind that they fought not upon equal terms with their enemies; that they must either conquer or be treated as fugitive slaves; and, to enforce his admonitions, he ordered one of his captives to be nailed to the cross in sight of both This," he said to his own people, " is an example of what you are to suffer if you fall into "the enemy's hands." armies. 66 Whilst Crassus was busy completing his line of countervallation, Spartacus prepared to force it; and, having provided faggots and other materials for this purpose, filled up the ditch at a convenient place, and passed it in the night with the whole bo- dy of his followers. Directing his flight to Apulia, he was pursued and greatly harassed in his march. Accounts being received at once in the camp of Crassus and in that of Spartacus, that fresh troops were landed at Brundisium from Macedonia, and that Pompey was arrived in Italy, and on his march to join Crassus, both armies were equally disposed to hazard a battle; the gladiators, that they might not be attacked at once by so many enemies as were collecting against them; and the Romans under Crassus, that Pompey might not arrive to snatch out of their hands the glory of terminating the war. Q Q 244 THE PROGRESS AND TERMINATION [c. XVI. 66 Under the influence of these different motives, both leaders drew forth their armies; and when they were ready to engage, Spartacus, with the valour rather of a gladiator than of a general, alighting from his horse, and saying aloud, in the hearing of his fol- lowers, "If I conquer to-day, I shall be better "mounted; if not, I shall not have occasion for a horse," he plunged his sword into the body of the animal. With this earnest of a resolution to con- quer or to die, he advanced towards the enemy; di- recting the division in which he himself command- ed, to make their attack where he understood the Roman general was posted. He intended to decide the action by forcing the Romans in that quarter; but after much bloodshed, being mangled with wounds, and still almost alone in the midst of his enemies, he continued to fight till he was killed; and the victory of course declared for his enemy. About a thousand of the Romans were slain of the vanquished the greatest slaughter, as usual in an- cient battles, took place after the flight began. The dead were not numbered; about six thousand were taken, and, in the manner of executing the sentence of death on slaves, they were nailed to the cross in rows, that almost lined the way from Capua to Rome. Such as escaped from the field of battle, being a- bout five thousand, fell into the hands of Pompey, and furnished a pretence to his flatterers for ascri- bing to him the honour of terminating the war. : The mean quality of the enemy, however, in the present case, precluded even Crassus from the ho- nour of a triumph; he could have only an ovation c. XVI.] 245 OF THE ROMAN REPUBLIC. or military procession on foot. But instead of the myrtle wreath, usual on such occasions, he had cre- dit enough with the Senate to obtain the laurel crown*. Pompey too arrived at the same time in the city with new and uncommon pretensions, requiring a dispensation from the law and established forms of the commonwealth. The service he had conducted in Spain being of the nature of a civil war of Ro- man citizens against one another, or against subjects of the empire, with a Roman general at their head, did not give a regular claim to a triumph: The vic- tor himself was yet under the legal age, and had not passed through any of the previous steps of Quæstor, Edile and Prætor; yet on the present occasion he not only insisted on a triumph, but put in his claim likewise to an immediate nomination to the office of Consul. It now became extremely evident, that the esta- blished honours of the state, conferred in the usual way, were not adequate to the pretensions of this young man that he must have new and singular appointments, or those already known bestowed on him in some new and singular manner. His ene- mies observed, that he avoided every occasion of fair competition with his fellow-citizens; that he took a rank of importance to himself, which he did not submit to have examined; and that he ever as- pired to an eminence in which he might stand alone, or in the first place of public consideration and ho- → Aul. Gellius, lib. v. 246 [c. XVI. THE PROGRESS and TERMINATION nour. His partisans, on the contrary, stated the ex- traordinary favours bestowed on him, as the founda- tion of still farther distinctions *. In enumerating his services upon his return from Spain, they rec- koned up, according to Pliny, eight hundred and seventy-one towns, from the Pyrenees to the extre- mities of that country, which he had reduced; ob- served that he had surpassed the glory of all the offi- cers who had gone before him in that service; and, in consequence of these representations, though still in a private station, he was admitted to a triumph, or partook with Metellus in this honour. Pompey had hitherto, in all the late disputes, ta- ken part with the aristocracy; but not without sus- picion of aiming too high for republican government of any sort. While he supported the Senate, he af- fected a kind of distinction superior to those who composed it, and was not content with equality, even among the first ranks of his country. He ac- quiesced, nevertheless, in the mere show of impor- tance, and did not insist on prerogatives which might have engaged him in contests, and exposed his pretensions to too near an inspection. Upon his approach at the head of an army from Spain, the Se- nate was greatly alarmed; but he gave the most un- feigned assurances of his intention to disband his army as soon as they should have attended his tri- umph. The Senate accordingly gave way to this irregular pretension, and afterwards to the preten- sion, still more dangerous, which, without any of * Vid. Cicer. pro Lege Manilia. C. XVI.] 247 OF THE ROMAN REPUBLIC. U. C. 683. M. Licin. Crassus, Cn. Pomp. the previous conditions which the law required, he made to the Consulate. Crassus, who ha- ving been Prætor in the preceding year, now stood for the same office, entered in- Magnus. to a concert with Pompey, by which, not- withstanding their mutual jealousy of each other, they joined their interests, and were elected toge- ther. Under the administration of these officers, some important laws are said to have passed, although most of the particulars have escaped the notice of those from whom our accounts are taken. It ap- pears that Pompey now began to pay his court to the popular faction: and, though he professed to support the authority of the Senate, wished to have it in his power, on occasion, to take the sense of what was called the assembly of the people against them, or, in other words, to counteract them by means of the popular tumults which bore this name. The Tribunes, Quinctius and Palicanus, had for two years successively laboured to remove the bars which had, by the constitution of Sylla, been oppo- sed to the abuses of the tribunitian power. They had been strenuously resisted by Lucullus and others, who held the office of Consul, during the dependence of the questions which had arisen on that subject. By the favour of Pompey and Crassus, however, the Tribunes obtained a restitution of the privileges which their predecessors, in former times of the re- public, had so often abused; and, together with the security of their sacred and inviolable character, and their negative in all proceedings of the state, they 218 [c. XVI. THE PROGRESS AND TERMINATION were again permitted to propose laws, and to ha- rangue the people; a dangerous measure, by which Pompey at once rendered fruitless that reformation which was the only apology for the blood so lavish- ly shed, not only by Sylla, but likewise by himself. Caius Julius Cæsar, at the same time, having the rank of Legionary Tribune conferred upon him by the public choice, was extremely active in procu- ring those popular acts; a policy in which he was more consistent with himself than Pompey, and on- ly pursued the course of that party with which he had been associated in his earliest years *. Lex Aurc- lia Judici- aria. Under this Consulate, and probably with the en- couragement of Pompey, the law of Sylla, respect- ing the judicatures, was, upon the motion of the Prætor Aurelius Cotta, likewise repealed; and it was permitted to the Prætors to draught the judges in equal numbers from the Senate, the Knights, and a certain class of the people †, whose description is not clearly ascertain- ed. This was, perhaps, a just correction of Sylla's. partiality to the Nobles: and, if it had not been ac- companied by the former act, which restored to the Tribunes powers which they had so often abused, might have merited applause. In the mean time, corruption spread with a hasty pace; among the lower ranks, in contempt of go- vernment; among the higher, in covetousness and prodigality, with an ardour for lucrative appoint- ments, and the opportunity of extortion in the pro- * Suetonius in C. Jul. Cæsar, lib. i. † Tribuni Ærarii. c. XVI.] 249 OF THE ROMAN REPUBLIC. vinces. As the offices of state at Rome began to be coveted with a view to the employments abroad, to which they conducted, Pompey, in order to dis- play his own disinterestedness, with an oblique re- proof to the nobility who aspired to magistracy with such mercenary views, took a formal oath in enter- ing on his Consulate, that he would not, at the ex- piration of his office, accept of any government in the provinces. By this example of generosity in himself, and by the censure it implied of others, he obtained great credit with the people, and furnished his emissaries, who were ever busy in sounding his praise, with a pretence for enhancing his merit. It may, however, from his character and policy in other instances, be suspected, that he remained at Rome with intention to watch opportunities of raising his own consideration, and of obtaining, by the strength of his party, any extraordinary trust or commission of which the occasion should arise. This adventurer, in the administration of his Con- sulate, had procured the revival of the Censors' func- tions. These had been intermitted about sixteen years, during great part of which time the republic had been in a state of civil war; and the prevail- ing parties, in their turns, mutually had recourse to acts of banishment, confiscations, and military exe- cutions against each other. In such times, even af- ter the sword was sheathed, the power of Censor, in the first heat of party-resentment, could not be safely intrusted with any of the citizens; and the at- tempts which were now made to revive it, though in appearance successful, could not give it a perma- 250 [c. xvI. THE PROGRESS AND TERMINATION nent footing in the commonwealth. The public was arrived at a state in which men complain of evils, but cannot endure their remedies. L. Gellius Poplicola and Cn. Cornelius Lentulus, being intrusted, in the character of Censors, with the making up of the rolls of the people, mustered four hundred and fifty thousand citizens. They purged the Senate with great severity, having ex- punged sixty-four from the number, and among these C. Antonius, afterwards Consul, assigning as their reason, that he, having the command on the coasts of Asia and Greece, had pillaged the allies, and mortgaged and squandered his own estate. But what most distinguished this Censorship was an in- cident, for the sake of which, it is likely, the solem- nity of the Census had been now revived. It was customary on such occasions for the Knights to pass in review, each leading his horse before the Censors. They were questioned respecting their age, the number of their campaigns, and the persons under whose command they had served; and if they had been already on the military list the ten years prescribed by law, they received an exemption for the future, and were vested with the privileges which were annexed to this circumstance. At this part of the ceremony the people were surprised to see their Consul, Pompey the Great, descending into the mar- ket-place, leading his horse in quality of a simple Knight, but dressed in his Consular robes, and pre- ceded by the Lictors. Being questioned by the Cen- sors, whether he had served the stated number of years, he answered that he had, and all of them in ar- c. XVI.] 251 OF THE ROMAN REPUBLIC. mies commanded by himself. This farce was recei- ved with loud acclamations of the people; and the Censors having granted the customary exemption, rose from their seats, and, followed by a great mul- titude of the people, attended this Equestrian Con- sul to his own house *. It is observed that Crassus and Pompey, although they entered on office in concert, yet differed in the course of their administration on subjects which are not particularly mentioned. As Crassus was in pos- session of great wealth, he endeavoured, by his libe- ralities, to vie with the imposing state and popular arts of his colleague. In this view he gave a pub- lic entertainment at ten thousand tables, and distri- buted three months' provision of corn to the more indigent citizens. To account for his being able to court the people in so sumptuous a manner, it is said, that having inherited from his father a fortune of three hundred talents, or near sixty thousand pounds; he increased it, by purchasing at a low price the estates of those who were prescribed in the late troubles, and by letting for hire the labour of a nu- merous family of slaves, instructed in various arts and callings; and by these means was become so rich, that when, some time after this date, he was about to depart for Asia, and consecrated the tenth part of his estate to Hercules, he was found to pos- sess seven thousand one hundred talents, or about * Plutarch. in Pompeio. Pompey, it is probable, was still no more than a Knight, having a seat in the Senate as magistrate, without being yet placed on the rolls. 252 [c. XVI. THE PROGRESS AND TERMINATION one million three hundred and seventy thousand and three hundred pounds Sterling *. Pompey, at the expiration of his year in the Con- sulship, agreeably to the oath he had taken, remain- ed at Rome in a private station; but, still unchan- ged in his manner, maintained the reserve and state- liness of a person raised above the condition of a mere citizen, or even above that of the first Senators of consular rank. Other candidates for consideration and public honours endeavoured, by their talents and eloquence, to make themselves necessary to those who had affairs to solicit with the public, or even to make themselves feared by those who were obnoxious to the law. They laboured to distinguish themselves as able advocates or formidable accusers at the bar, and to strengthen their interest by procuring the support of those to whom their talents either were or might become of importance. Pompey, on the contrary, stating himself as an exception to common rules, avoided the courts of justice and other places of ordinary resort, did not commit his talents to the public judgment, nor present his person to the pub- lic view; took the respect that was paid to him as a right; seldom went abroad, and never without a nu- merous train of attendants t. He was formed for the state of a prince, and might have stolen into that high station even at Rome, if men, borne to equali- ty, could have suffered an elevation which no mea- *Plutarch. in Crasso. As the interest of money was prohibited at Rome under the denomination of usury being clandestine, was in fact unlimited, the annual return for such a capital must have been immense. S + Plutarch. in vit. Pomp. C. XVI.] 253 OF THE ROMAN REPUBLIC. sure of personal merit could at once have procured; or had been willing, when troubled with faction, to forego their own importance, in order to obtain peace and the comforts of a moderate government. The pretensions of Pompey, however, were extremely dis- agreeable to the Senate, and not otherwise accept- able, even to the people, than as they tended to mortify the pride of that order of men. U. C. 684. Q. Horten- sius, Q. Cæ- cil. Metel- lus Creticus. The Consulate of Crassus and Pompey was suc- ceeded by that of Q. Hortensius and Q. Cæcilius Metellus. In the distribution of provinces, Crete, with the command of an armament to be sent into that island, fell to the lot of Hortensius; but this citizen, having ac- quired his consideration by his eloquence in plead- ing the causes of his friends, and being accustomed to the bar, perhaps in a degree that interfered with the ordinary military character of a Roman officer of state, declined to accept of this government; lea- ving it, together with the command of the army that was to be employed in the reduction of the island, to his colleague Metellus, who afterwards received the appellation of Creticus, from the distinction he acquired in this service. The Cretans, and most of the other seafaring peo- ple on the confines of Asia and Europe, had in the late war taken an active part against the Romans. They had, by the influence of Mithridates, and by their own disposition to rapine and piracy, been led to prey upon the traders, and upon the carriers of revenue who were frequently passing to Rome from the provinces. The desire of sharing in the profits 254 THE PROGRESS AND TERMINATION [c. XVI. that were made by this species of war, had filled the sea with pirates and freebooters, against whom the Senate had employed a succession of officers with extensive commands, on the coasts both of Asia and Europe. Among others, M. Antonius had been sent on this service, and was accused of abusing his power, by oppressing the Sicilians, and the people of other maritime provinces, who were innocent of the crimes he was charged to repress. In a descent on the island of Crete he was defeated and killed *. and left the Romans engaged with the people of that isl- and in a war which was thought to require the pre- sence of one of the Consuls. And the lot, as has been observed, having fallen on Hortensius, was transferred to his colleague Metellus. U. C. 685. L. Cæc. Metellus, Q. Mar, Rex. > Such was the state of affairs, and such the destina- tion of the Roman officers, when Lucullus received from Tigranes a return to the de- mand which he made of having Mithrida- tes delivered up as his prisoner. This prince, at the arrival of Clodius, who bore the mes- sage, had made a progress to the coasts of Phoenicia, and to the farther extremities of his empire. To ve- rify the state and title which he assumed of King of Kings, he affected, when he mounted on horseback, to have four captive sovereigns to walk by his stir- rup, and obliged them, on other occasions, to per- form every office of menial duty and servile attend- ance on his person. Lucullus, instead of the style which was affected by this prince, had accosted him * Pædianus in Orat. in Verrem. c. XVI.] 255 OF THE ROMAN REPUBLIC. in his letter only with the simple title of king. His messenger, however, was admitted to an audience, and made his demand that Mithridates, a vanquish- ed enemy, whose territories were already in the pos- session of the Romans, should be delivered up to adorn the victor's triumph. This, if refused, said the bearer of the message, the Roman general would be entitled to extort by force, and would not fail, with a mighty army for that purpose, to pursue his fugitive wherever he was received and protected. The king of Armenia, unused even to a plain ad- dress, much less to insult and threats, heard this de- mand with real indignation; and though, with an appearance of temper, he made offer of the customa- ry presents and honours to the person who deliver- ed the message, he took his resolution against those from whom it came, and from having barely permit- ted Mithridates to take refuge in his kingdom, de- termined to espouse his cause. He gave for answer to Clodius, that he would not deliver up the unfor- tunate king, and that, if the Romans invaded his territories, he knew how to defend them. He soon afterwards admitted Mithridates into his presence, and determined to support him with the necessary force against his enemies. Upon receiving this answer from Tigranes, Lu- cullus resolved without delay to march into Arme- nia. He chose for this expedition two legions and a body of horse, on whom he prevailed, though with some difficulty, to enter on a new war at a time when they flattered themselves that their labours were ended, and that the rewards they expected 256 THE PROGRESS AND TERMINATION [C. XVI. were within their reach. With hasty marches he ar- rived on the Euphrates, and passed that river before the enemy were aware of his approach. Tigranes treated the first reports of his coming with contempt, and ordered the person who presumed to bring such accounts to be punished. But being assured, be- yond a possibility of doubt, that an enemy was ac- tually on his territories, he sent Metrodorus, one of his generals, at the head of a considerable force, with orders to take alive the person of Lucullus, whom he was desirous to see, but not to spare a man of the whole army besides. With these orders, the Armenian general set out on the road by which the Romans were known to advance, and hastened to meet them. Both armies, on the march, had intelligence of each other. Lu- cullus, upon the approach of the enemy, halted, be- gan to intrench, and, in order to gain time, detach- ed Sextilius, with about three thousand men, to ob- serve the Armenians, and, if possible, without risk- ing an action, to amuse them till his works were completed. But such was the incapacity and pre- sumption of the enemy, that Sextilius, being attack- ed by them, gained an entire victory with but a part of the Roman army; Metrodorus himself being kill- ed, his army was put to the rout with great slaugh- ter. After this victory, Lucullus, in order the more ef- fectually to alarm and to distract the Armenians, se- parated his army into three divisions. With one he intercepted and dispersed a body of Arabs, who were marching to join the king; with another he sur- 2 C. XVI.] 257 OF THE ROMAN REPUBLIC. prised Tigranes himself, in a disadvantageous situa- tion, and obliged him to fly with the loss of his at- tendants, equipage, and the baggage of his army. At the head of the third division he himself advan- ced to Tigranocerta, and invested that place. After these disasters, Tigranes made an effort to assemble the force of his kingdom; and bringing into the field all the troops of his allies, as well as his own, mustered an army of one hundred and fif- ty thousand heavy-armed foot, fifty-five thousand horse, and twenty thousand archers and slingers. He was advised by Mithridates not to risk a battle, but to lay waste the country from which the Ro- mans were supplied with provisions, and thereby ob- lige them to raise the siege of Tigranocerta, and re- pass the Euphrates, with the disadvantage of having an enemy still in force to hang on their rear. This counsel of Mithridates, founded in the experience he had so dearly bought, was ill suited to the pre- sumption of the king. He therefore advanced to- wards the Romans, impatient to relieve his capital, and the principal seat of his magnificence. Lucul- lus, trusting to the specimens he had already seen of the Armenian armies, ventured to divide his force, and without raising the siege, marched with one di- vision to meet this numerous enemy. In the action that followed, the Armenian horse being in the van, were defeated and driven back on the foot of their own army, threw them into confusion, and gave the Romans an easy victory, in which, with very incon- siderable loss to themselves, they made a great slaughter of the enemy. The king, himself, to avoid VOL. II. R * 258 THE PROGRESS AND TERMINATION [C. XVI. being known in his flight, unbound the royal diadem from his head, and left it to become a part in the spoils of the day. Mariæus, who commanded in Tigranocerta, hear- ing of his master's defeat, and fearing a revolt of the Greeks and other foreigners, who had been as- sembled by force in that settlement, ordered them to be searched and disarmed. This order they look- ed on as the prelude to a massacre, and crowding together defended themselves with the clubs and other weapons they could seize. They surrounded a party that was sent to disperse them, and having by that means got a supply of arms, they took pos- session of a tower which commanded one of the principal gates, and from thence invited the Romans to enter the place. Lucullus accordingly seized the opportunity, and became master of the city. The spoil was great; Tigranes having collected here, as at the principal seat of his vanity, the wealth and magnificence of his court. Mithridates, who had been present in the late ac- tion, met the king of Armenia in his flight; and, having endeavoured to re-establish his equipage and his retinue by a participation of his own, exhorted him not to despair, but to assemble his army anew, and to persist in the war. They agreed, at the same time, on an embassy to the king of Parthia, with of fers of reconciliation on the part of Tigranes, who, at this time, was at war with that prince, and of sa- tisfaction on the subjects in contest between them, provided the Parthians would join in the confedera- cy against the Romans. They endeavoured to per- C, XVI.] 259 OF THE ROMAN REPUBLIC. suade the king of Parthia, that he was by no means an unconcerned spectator in the present contest; that the quarrel which the Romans now had with the kings of Armenia and Pontus, was the same with that which they formerly had with Philip and with Antiochus, and which, if not prevented, they would soon have with Arsaces, and was no other than his being possessed of a rich territory, which tempted their ambition and avarice. Those repub- licans, they said, originally had not any possessions of their own, and were grown rich and great only by the spoils of their neighbours. From their strong- hold in Italy, they had extended their empire on the West to the coast of the ocean; and if not inter- rupted by the powerful monarchies which lay in their way, were hastening to reach a similar boun- dary on the East. The king of Parthia, they added, might expect to be invaded by these insatiable con- querors, and must now determine whether he would engage in a war joined with such powerful allies, of whom one by his experience, the other by his re- sources, might enable him to keep the danger at a distance from his own kingdom*, or wait until these powers being overthrown, and become an accession to the Roman force, he should have the contest to maintain in his own territory singly and unsupport- ed from abroad. To these representations Arsaces seemed to give a favourable ear, agreed to the pro- posed confederacy, on condition that Mesopotamia, which he had formerly claimed, was now delivered * Letter of Mithridates in the fragments of Sallust. R 2 260 THE PROGRESS AND TERMINATION [C. XVI. J up to him. At the same time he endeavoured to amuse Lucullus with offers of alliance against the king of Armenia. In this conjuncture, it probably was, that Lucul- lus, in the apprehension of being superseded and de- prived of the honour of terminating the war, made his report that the kingdom of Mithridates was now in his possession, and that the kingdom of Tigranes was also in his power; and therefore, that the Se- nate should, instead of a successor, send the usual commission to settle the form of the province, and to make a proper establishment to preserve the ter- ritories which he had already subdued. But after these representations were dispatched by Lucullus, it became apparent that the king of Parthia had de- ceived him with false professions, while he actually made great progress in a treaty with his enemies the kings of Armenia and Pontus, and meant to support them with all his force. In resentment of this act of treachery, or to prevent the effects of it, Lucullus proposed to carry the war into Parthia; and, for this purpose, ordered the legions that were stationed in Pontus to march without delay into Armenia. These troops, however, already tired of the ser- vice, and suspecting that they were intended for some distant and hazardous enterprise, broke out into open mutiny, aud refused to obey their officers. This example was soon afterwards followed by other parts of the army; and the general was obliged to confine his operations to the kingdom of Armenia. He endeavoured, by passing the mountains near to the sources of the Euphrates and the Tigris, to pe- Y C. XVI.] OF THE ROMAN REPUBLIC. 261 netrate as far as Artaxata, the capital of the king- dom. By this march he forced Tigranes once more to hazard a battle, and obtained a victory; but his own army, notwithstanding their success, were so much discouraged with the change of climate, which they experienced in ascending the mountains of Ar- menia, and with the early and severe approach of winter in those high lands, that they again mutinied, and obliged their general to change his plan of the war. He accordingly turned his march to the south- ward, fell down on Mesopotamia, and, after a short siege, made himself master of Nisibis, a rich city in that territory, where, with other captives, he took Guras, brother to the king, who commanded in the place. Here, however, the mutinous spirit still continu- ing to operate in the Roman army, it began to ap- pear, that the general, who had so often overcome the kings of Pontus and Armenia, was better quali fied to contend with an enemy, than to win or to preserve the good-will of his own troops. A report being spread that he was soon to be recalled, he, from that moment, lost the small remains of his authority; the legions deserted their colours, and treated with scorn or indifference all the attempts which he made to retain them. This mutiny began in that part of the army, which, having been transported into Asia with the Consul Valerius Flaccus at their head, had murdered this general, to put themselves under the command of Fimbria, and afterwards deserted their new leader to join with Sylla. Such crimes, under the late un- 262 the progress AND TERMINATION [C. XVI. happy divisions of the republic, either remained un- punished, or were stated as merits with the party in whose favour the crime was committed. These le- gions, however, were, by Sylla, who was not willing to employ such instruments, or to intrust his own fate, or that of the commonwealth, in such hands, left in Asia, under pretence of securing the province; and they accordingly made a considerable part in the armies successively commanded by Murena and by Lucullus. The disposition which they now exhi- bited, and that of the army in general, to disorder and mutiny, was greatly excited by the factious spirit of Publius Clodius, the relation of Lucullus, who, ha- ving himself taken offence at the general, gave this earnest of his future conduct in the state, by endea- vouring to stir up rebellion among the troops. "We, "who have already undergone so many hardships," he said," are still kept on foot to escort the camels "which carry the treasures of our general, and are "made to pursue, without end, a couple of barba- "rous fugitives over barren desarts and uncultivated s's wastes; while the soldiers of Pompey, after a few "campaigns in Spain, or in Italy, are enjoying the "fruits of their labour in comfortable settlements, "procured by the favour of their leader." Lucullus was so much aware of the decline of his authority, that he did not venture to hazard an affront by attempting to effect even a mere change of posi- tion. He hoped, that while he did not issue any or- ders of moment, the resolution of his army not to obey him might remain a secret to the enemy. This state of his affairs, however, soon became known to c. XVI.] OF THE ROMAN REPUBLIC. Mithridates, and encouraged him to hope he might be able to recover his kingdom. That he might not suffer the opportunity to escape him, he fell back into Pontus, with what troops he had then under his command, and, by his authority and influence over his own subjects, soon augmented his force, pene- trated among the scattered quarters of the Romans, who were left to occupy the country, and separately surprised or destroyed considerable bodies of their troops. Among these, he attacked and defeated Fabius, the officer who was intrusted with the ge neral command; and this king, though now turned of seventy, exposing his own person in the action, received a wound which stopped him in the pursuit of his victory, and by that means prevented its full effect. Lucullus, being informed of what had passed in Pontus, had influence enough with the army, now anxious for their own safety, to put them in motion towards that kingdom; but before his arrival, Mi- thridates had shut up Fabius in Cabira, and defeated Triarius with considerable slaughter. Here again the veteran monarch was wounded; and, to satisfy the troops that he was not dead, was raised up on a platform, where he remained in sight of the army while his wound was dressed. In this last defeat the Romans lost twenty-four legionary Tribunes, one hundred and fifty Centurions, and seven thousand men. It was not doubted, however, that Lucullus, on his arrival, if the men had been disposed to act un- der his command, would have been able soon to re- trieve his affairs; but he was at this time superseded; 264 [c. XVI. THE PROGRESS AND TERMINATION and it was known in the army, that Acilius Glabrio was set out from Rome on his way to succeed him. The legions, therefore, under pretence that Lucul lus was no longer their general, or that they them- selves, by a decree of the people, had received their dismission, refused to obey him; and numbers, in fact, began to disband, taking the route of Cappa- docia on their return to Italy. This was the state of affairs when the commission- ers, who, upon the report of Lucullus, had been sent by the Senate to settle the kingdom of Pontus in the form of a province, actually arrived. They found the Proconsul destitute of power in his own camp, and Mithridates, whom they believed to be vanquish- ed, again in possession of his kingdom, and joining to the experience of old age all the ardour and en- terprise of youth *. The Roman army in Asia, as a prelude to their present defection, had been taught to contrast the parsimony of Lucullus with the liberality and muni- ficence of Pompey, and from the comparison they made, were impatient to change their leader,-a dis- position, which, it is not doubted, Pompey, by his intrigues, and with the aid of his agents, greatly en- couraged. He could in reality ill brook the private station to which, by his late oath, in entering on the Consulate, he had bound himself. As he ever studied to support the public opinion of his own im- portance, he wished for occasions to derive some ad- vantage from that opinion; but nothing had occur- Appian. Bell. Mithridat. Plutarch, in Lucullo. Dio Cassius. C. xvI.] 265 OF THE ROMAN REPUBLIC. red for two years that was worthy of the high dis- tinction to which he aspired. The command in Asia he coveted the more, that it seemed to be secured to Lucullus by the splendour of his successes, and by the unanimous judgment of the Senate and No- bles, who knew his faithful attachment to their or- der, and his fidelity to the aristocratical part of the constitution. The difficulties in that service were over, and nothing but the glory of terminating the war remained. Pompey, either from envy to Lucul- lus, or from a design to open a way to this glory for himself, contributed to the appointment of Glabrio, and to the nomination of the Prætors, who were sent with separate commands into the provinces of Asia and Bithynia. If, upon the change he had thus pro- duced, the war should become unsuccessful, or lan- guish, he had hopes to be called for by the general voice of the people, as the only person fit to bring it to a happy conclusion. Meanwhile a project was started, which was to place him near to this scene of action, and, if judged expedient, was likely to fa- cilitate his farther removal, to the command of the army in Pontus. The pirates still continued to infest the seas, and were daily rising in their presumption, and increa- sing in their strength. They were receiving con- tinual accession of numbers from those, who, by the unsettled state of Asia, were forced to join them for subsistence. The impunity which they enjoyed during the distraction of councils at Rome, and the profits they made by their depredations, encouraged many who frequented the seas to engage in the same 266 THE PROGRESS AND TERMINATION [c. XVI. way of life. They had been chaced, and numbers of them taken, by M. Antonius the orator, by Servilius Isauricus, and last of all, by C. Antonius the father of him who, in the quality of Triumvir, is to become so conspicuous in the sequel of this history. But they had their retreats; and, upon the least remis- sion of vigilance in the Roman officers, they again multiplied apace, put to sea in formidable squadrons, and embarked such numbers of men, as not only en- abled them to scour the seas, but likewise to make descents on the coasts, to enter harbours, destroy shipping, and pillage the maritime towns. They even ventured to appear off the mouth of the Tiber, and to plunder the town of Ostia itself. All the coasts of the empire were open to their depreda- tions. Roman magistrates were made prisoners in passing to and from their provinces; and citizens of every denomination, when taken by them, were forced to pay ransom, kept in captivity, or put to death. The supply of provisions to Italy was inter- cepted, or rendered precarious and difficult, and the price in proportion enhanced. Every report on these subjects was exaggerated by the intrigues of Pompey, who perceived, in this occasion of public distress, the object of a new and extraordinary com- mission to himself. Frequent complaints having been made, and fre- quent deliberations held on this subject in the Se- nate, Gabinius, one of the Tribunes, at last propo- sed, that some officer of consular rank should be vested, during three years, with absolute powers, in order to put an effectual stop to these outrages, and C. XVI.] OF THE ROMAN REPUBlic. 267 to eradicate the cause of them, so as to secure for the future the inhabitants of the coast, as well as to protect the navigation of the seas. As Gabinius was known to be in concert with Pompey, the de- sign of the proposition was manifest; and it was re- ceived in the Senate with a general aversion. "For this," it was said, "has Pompey declined the or- "dinary turn of consular duty upon the expiration "of his office, that he might lie in wait for extraor "dinary and illegal appointments." Gabinius be- ing threatened with violence if he should persist in his motion, thought proper to withdraw from the as- sembly. A report was immediately spread in the city, that the person of the Tribune Gabinius had been actual- ly violated; multitudes assembled at the doors of the Senate-house, and great disorders were likely to follow: it was judged prudent for the Senate to ad- journ; and the members, dreading some insult from the populace, retired by separate ways to their own houses. Gabinius, without farther regard to the dissent of the Senate, prepared to carry his motion to the people; but the other nine Tribunes were in- clined to oppose him. Trebellius and Roscius, in particular, were engaged to put a stop by their ne- gative to any further proceedings on that business. Pompey, in the mean time, with a dissimulation which constituted part of his character, affected to disapprove the motion of Gabinius, and to decline the commission with which it was proposed to invest him. He had recourse to this affectation, not mere- ly as the fittest means on the present occasion to dis- arm the envy of the nobles, and to confirm the peo- 268 THE PROGRESS AND TERMINATION [C. XVI. ple in their choice; but still more as a manner of proceeding which suited his own disposition, being no less desirous to appear forced and courted into high situations, than solicited to gain and to hold them. He thus provoked the citizens of his own rank, no less by the shallow arts which he practised to impose on the public, than by the state which he assumed. He could scarcely expect to find a sup- port in the order of nobles, and least of all among those who were likely to become the personal rivals of his fortune in the commonwealth: and yet it is mentioned, that Julius Cæsar, now about two-and- thirty years of age, and old enough to distinguish his natural antagonists in the career of ambition, took part with the creatures of Pompey on this oc- casion. He was disposed to court the popular fac- tion, and to oppose the aristocracy; either of which principles may explain his conduct in this instance. He had himself already incurred the displeasure of the Senate, but more as a libertine than as a disturber of the state, in which he had not hitherto taken any material part. In common with the youth of his time, he disliked the Senators, on account of the re- maining austerity of their manners, no less than the inferior people disliked them on account of their aristocratical claims to authority and power. But whatever we may suppose to have been his motives, Cæsar, even before he seemed to have formed any ambitious designs of his own, was ever ready to abet those of any desperate adventurer who counteract- ed the Senate, or set the orders of government at nought; and seemed to be actuated by a species of instinct, which set him at variance with every form C. XVI.] 269 OF THE ROMAN REPUBLIC. of a civil or political nature, if it checked the li- cence of faction, or bore hard on disorderly citizens of any sort *. On the day in which the question respecting the motion of Gabinius was to be put to the people, Pompey appeared in the Comitium; and, if we may judge from the speech which is ascribed to him, employed a dissimulation and artifice somewhat too gross even for the audience to which it was ad- dressed. He took occasion to thank the people for the honours he had received; but complained, that, having already toiled so much in the public service, he still should be destined for new labours. "You "have forgotten," he said, "the dangers I encoun- 66 tered, and the fatigues I underwent, while yet "almost a boy, in the war with Cinna, in the wars "in Sicily and in Africa, and what I suffered in "" Spain, before I was honoured with any magis- tracy, or was of age to have a place in the Senate. "But I mean not to accuse you of ingratitude; on "the contrary, I have been fully repaid. Your no- "mination of me to conduct the war with Sertorius, "when every one else declined the danger, I consider "as a favour; and the extraordinary triumph you "bestowed in consequence of it, as a very great ho- 66 nour. But I must entreat you to consider, that "continued application and labour exhaust the powers of the mind as well as those of the body. "Trust not to my time of life alone, nor imagine "that I am still a young man, merely because my "number of years is short of what others have at- 66 * Zonaras, Ar. lib. x, c. 3. 270 [c. XVI. THE PROGRESS AND TERMINATION "tained. Reckon my services and the dangers to "which I have been exposed; they will exceed the "number of my years, and satisfy you, that I can- "not much longer endure the labours and cares "which are now proposed for me. But if this be "not granted me, I must beg of you to consider "what loads of envy such appointments are likely "to draw upon me, from men, whose displeasure, I "know, you neither do, nor ought to regard, al- though to me their envy might be fatal and I "confess, that, of all the difficulties and dangers of "war, I fear nothing so much as this. To live with "envious persons; to be called to account for mis- "carriage, if one fails in the public service; and "to be envied, if one succeeds; who would choose "to be employed on such conditions? For these, "and many other reasons, I pray you to leave me "at rest; leave me to the care of my family, and "of my private affairs. As for the present service, "I pray you to choose, among those who desire the "employment, some person more proper; among so many you cannot surely be at a loss. I am "not the only person that loves you, or that has "experience in military affairs. There are many, "whose names, to avoid the imputation of flattery, "I will not mention." 66 To this speech Gabinius replied; and, affecting to believe the sincerity of Pompey's declarations, ob- served, that it was agreeable to the character of this great man, neither to desire command, nor rashly to accept of what was pressed upon him. "They who "are best able to surmount difficulties," he said, c. XVI.] 271 OF THE ROMAN REPUBLIC. "are likewise least inclined to engage in them. But "it is your business, fellow-citizens, to consider not "what is agreeable to Pompey, but what is neces- CC