ï~~ ï~~ ï~~ ï~~ ï~~ ï~~ ï~~"BISTO Y F ROME BY THOMAS ARNOLD, D. D., AiTE REGIUS PROFESSOR OF MODERN HISTORY IN THE UNIVERSITY OF OXFORD= HEAD MASTER OF RUGBY SCHOOL, AND MEMBER OF THE ARC~HEOLOGICAL SOCIETY OF HOME. THREE VOLUMES IN ONE. REPRINTED ENTIRE, FROM THlE LAST LONDON EDITION. NEW-YORK: D. APPLETON & COMPANY, 443 & 445 BROADWAY. 1868. ï~~ ï~~PREFACE. Ix attempting to write the History of Rome, I am not afraid of incur. ring the censure pronounced by Johnson upon Blackwell,* that he had chosen a subject long since exhausted; of which all men knew already as much as any one could tell them. Much more do I dread the reproach of having ventured, with most insufficient means, upon a work of the greatest difficulty; and thus by possibility deterring others from accomplishing a task which has never yet been fulfilled, and which they might fulfil more worthily. The great advances made within the last thirty years in historical knowledge have this most hopeful symptom, that they have taught us to appreciate the amount of our actual ignorance. As we have better understood what history ought to be, we are become ashamed of that scanty information which might once have passed for learning; and our discovery of the questions which need to be solved has so outrun our powers of solving them, that we stand humiliated rather than encouraged, and almost inclined to envy the condition of our fathers, whose maps, so to speak, appeared to them complete and satisfactory, because they never suspected the existence of a world beyond their range. Still, although the time will, I trust, arrive, when points now altogether obscure will receive their full illustration, and when this work must be superseded by a more perfect history, yet it may be possible in the mean while to render some service, if I shall be able to do any justice to my subject up to the extent of our present knowledge. And we, who are now in the vigor of life, possess at least one advantage which our children may not share equally. We have lived in a period rich in historical lessons beyond all former example; we have witnessed one of the great seasons of movement in the life of mankind, in which the arts of peace and war, political parties and principles, philosophy and religion, in all their manifold forms and influences, have been developed with extraordinary force and freedom. Our own experience has thus thrown a bright light upon the remoter past: much which our fathers could not fully understand, from being accustomed only to * In Ms review of Blackwell's Memoirs of the Court of Augustus.--.Works, Vol. II. Svo. 1806. ï~~vi PREFACE. quieter times, and which again, from the same cause, may become obscure to our children, is to us perfectly familiar. This is an advantage common to all the present generation in every part of Europe; but it is not claiming too much to say, that the growth of the Roman commonwealth, the true character of its parties, the causes and tendency of its revolutions, and the spirit of its people and its laws, ought to be understood by none so well as by those who have grown up under the laws, who have been engaged in the parties, who are themselves citizens of our kingly commonwealth of England. Long before Niebuhr's death I had formed the design of writing the History of Rome; not, it may well be believed, with the foolish notion of rivalling so great a man, but because it appeared to me that his work was not likely to become generally popular in England, and that its discoveries and remarkable wisdom might best be made known to English readers by putting them into a form more adapted to our common taste. It should be remembered, that only the two first volumes of Niebuhr's History were published in his lifetime; and although careful readers might have anticipated his powers of narration even from these, yet they were actually, by the necessity of the case, more full of dissertations than of narrative; and for that reason it seemed desirable to remould them for the English public, by assuming as proved many of those results which Niebuhr himself had been obliged to demonstrate step by step. But when Niebuhr died, and there was now no hope of seeing his great work completed in a manner worthy of its beginning, I was more desirous than ever of executing my original plan, of presenting in a more popular form what he had lived to finish, and of continuing it afterwards with such advantages as I had derived from a long study and an intense admiration of his example and model. It is my hope, then, if God spares my life * and health, to carry on this history to the revival of the western empire, in the year 800 of the Christian era, by the coronation of Charlemagne at Rome. This point appears to me its natural termination. We shall then have passed through the chaos which followed the destruction of the old western empire, and shall have seen its several elements, combined with others which in that great convulsion had been mixed with them, organized again into their new form. That new form exhibited a marked and recognized division between the so-called secular and spiritual powers, and thereby has maintained in Christian Europe the unhappy distinction which necessarily prevailed in the heathen empire between the church and the state; a distinction now so deeply seated in our laws, our language, and our very notions, that nothing less than a miraculous interposition of God's providence seems capable, within any definite * Dr. Arnold died June 12th, 1842. He had completed the present volume, with the exception of adding a running commentary to the last part of it. ï~~PREFACE. vii time, of eradicating it. The Greek empire, in its latter years, retained so little of the Roman character, and had so little influence upon what was truly the Roman world, that it seems needless, for the sake of a mere name, to protract the story for six hundred and fifty years fur ther, merely to bring it down to the conquest of Constantinople by the Turks. For the whole of the period, from the origin down to the capture of Rome by the Gauls, in the middle of the fourth century before the Christian era, I have enjoyed Niebuhr's guidance; I have everywhere availed myself of his materials as well as of his conclusions. No acknowledgment can be too ample for the benefits which I have derived from him: yet I have not followed him blindly, nor compiled my work from his. It seemed to be a worthier tribute to his greatness, to endeavor to follow his example; to imitate, so far as I could, his manner of inquiry; to observe and pursue his hints; to try to practise his master-art of doubting rightly and believing rightly; and, as no man is infallible, to venture sometimes even to differ from his conclusions, if a compliance with his own principles of judgment seemed to require it. But I can truly say, that I never differ from him without a full consciousness of the probability that further inquiry might prove him to be right. The form and style in which I have given the legends and stories of the first three centuries of Rome may require some explanation. I wished to give these legends at once with the best effect, and at the same time with a perpetual mark, not to be mistaken by the most careless reader, that they were legends and not history. There seemed a reason, therefore, for adopting a more antiquated style, which, otherwise, of course would be justly liable to the charge of affectation. It might seem ludicrous to speak of impartiality in writing the history of remote times, did not those times really bear a nearer resemblance to our own than many imagine; or did not 1Mitford's example sufficiently prove that the spirit of modern party may affect our view of ancient history. But many persons do not clearly see what should be the true impartiality of an historian. If there be no truths in moral and political science, little good can be derived from the study of either: if there be truths, it must be desirable that they should be discovered and embraced. Skepticism must ever be a misfortune or a defect: a misfortune, if there be no means of arriving at truth; a defect, if while there exist such means we are unable or unwilling to use them. Believing that political science has its truths no less than moral, I cannot regard them with indifference, I cannot but wish them to be seen and embraced by others. On the other hand, it must not be forgotten that these truths have been much disputed; that they have not, like moral truths, received ï~~vii PREFACE. that universal assent of good men which makes us shrink from submitting them to question. And, again, in human affairs, the contest has never been between pure truth and pure error. Neither, then, may we assume political conclusions as absolutely certain; nor are political truths ever wholly identical with the professions or practice of any party or individual. If, for the sake of recommending any principle, we disguise the errors or the crimes with which it has been in practice accompanied, and which, in the weakness of human nature, may perhaps be naturally connected with our reception of it, then we are guilty of most blamable partiality. And so it is no less, if, for the sake of decrying an erroneous principle, we depreciate the wisdom, and the good and noble feelings with which error also is frequently, and in some instances naturally, joined. This were to make our sense of political truth to overpower our sense of moral truth; a double error, inasmuch as it is at once the less certain, and, to those who enjoy a Christian's hope, by far the less worthy. While, then, I cannot think that political science contains no truths, or that it is a matter of indifference whether they are believed or no, I have endeavored also to remember, that be they ever so certain, there are other truths no less sure; and that one truth must never be sacrificed to another. I have tried to be strictly impartial in my judgments of men and parties, without being indifferent to those principles which were involved more or less purely in their defeat or triumph. I have desired neither to be so possessed with the mixed character of all things human, as to doubt the existence of abstract truth; nor so to dote on any abstract truth, as to think that its presence in the human mind is incompatible with any evil, its absence incompatible with any good. In the first part of my History, I have followed the common chronology without scruple; not as true, but as the most convenient. Where the facts themselves are so uncertain, it must be a vain labor to try to fix their dates minutely. But when we arrive at a period of greater certainty as to the facts, then it will be proper to examine, as far as possible, into the chronology. Those readers who are acquainted with Niebuhr, or with the history written by Mr. Maldon, for the Society for the Diffusion of Useful Knowledge, may be surprised to find so little said upon the antiquities of the different nations of Italy. The omission, however, was made deliberately: partly, because the subject does not appear to me to belong essentially to the early history of Rome, and still more, because the researches now carried on with so much spirit in Italy, hold out the hope that we may obtain, ere long, some more satisfactory knowledge than is at present attainable. Pelasgian inscriptions, written in a character clearly distinguishable from the Etruscan, have been discovered very recently, as I am informed, at Agylla or Caere. And the ï~~PREFACE. 1z study and comparison of the several Indo-Germanic languages is making such progress, that if any fortunate discovery comes in to aid it, we may hope to see the mystery of the Etruscan inscriptions at length unravelled. I was not sorry, therefore, to defer any detailed inquiry into the antiquities of the Italian nations, in the expectation that I might be able hereafter to enter upon the subject to greater advantage. Amongst the manifold accomplishments of Niebuhr's mind, not the least extraordinary was his philological knowledge. His acquaintance with the manuscripts of the Greek and Roman writers was extensive and profound; his acuteness in detecting a corrupt reading, and his sagacity in correcting it, were worthy of the critical ability of Bentley. On no point have I been more humbled with a sense of my own inferiority, as feeling that my own professional pursuits ought, in this respect, to have placed me more nearly on a level with him. But it is far otherwise. I have had but little acquaintance with manuscripts, nor have I the means of consulting them extensively; and the common editions of the Latin writers in particular, do not intimate how much of their present text is grounded upon conjecture. I have seen references made to Festus, which, on examination, have been found to rest on no other authority than Scaliger's conjectural piecing of the fragments of the original text. But, besides this, we often need a knowledge of the general character of a manuscript or manuscripts, in order to judge whether any remarkable variations in names or dates are really to be ascribed to the author's having followed a different version of the story, or whether they are mere blunders of the copyist. For instance, the names of the consuls, as given at the beginning of each year in the present text of Diodorus, are in many instances so corrupt;,that one is tempted to doubt how far some apparent differences in his Fasti from those followed by Livy, are really his own or his copyist's. There are some works which I have not been able to consult; and there are points connected with the topography of Rome and its neighborhood, on which no existing work gives a satisfactory explanation. On these points I have been accustomed to consult my valued friend Bunsen, Niebuhr's successor in his official situation as Prussian minister at Rome, and his worthy successor no less in the profoundness of his antiquarian, and philological, and historical knowledge. There has lately appeared in the second volume of Niebuhr's life and letters, a letter written by him to a young student, containing various directions and suggestions with respect to his philological studies. Amongst other things, he says, "I utterly disapprove of the common practice of adopting references, after verifying them, without naming the source whence they are taken; and, tedious as the double reference is, I never allow myself to dispense with it. When I cite a passage simply, I have found it out myself. He who does otherwise, ï~~PREFACE. assumes the appearance of more extensive reading than belongs tc him." The perfect uprightness of Niebuhr's practice in this point is well worthy of him, and is deserving of all imitation. But I should find it difficult in all cases to say whether I had first noticed a passage myself, or had been led to it by a quotation in another writer. I have availed myself continually of Niebuhr's references, and of those made by Freinsheim in his supplement of Livy; but it has happened, also, that passages referred to by them had been taken by myself directly from the original source, without recollecting, or, indeed, without knowing, that they had been quoted previously by others. Niebuhr's reading was so vast, and his memory so retentive, that he may be presumed never to have overlooked any thing which could illustrate his subject: it is probable, therefore, that every quotation made in this volume may be found previously made by iNiebuhr, unless it happen to relate to a matter which he has not written on. But yet, some quotations were made by me with so little consciousness of their existing in Niebuhr, that in one instance I searched his volume to see whether he had noticed a passage, because I did not remember to have observed any quotation of it by him, and yet I felt sure, as proved to be the case, that he had not overlooked it. I have only, therefore, to state that many passages have been quoted by me from Pliny, Valerius Maximus, Frontinus, and other writers, for the knowledge, or at least for the recollection of which, I was indebted either to Niebuhr or to Freinsheim, or to some other modern writer. And yet I can truly say, that not a single paragraph has been written on a mereverifying of the references made by preceding writers, but that my own reading and comparison of the ancient authorities has been always the foundation of it. This is not said as laying claim to any remarkable degree of diligence or of learning, but simply to establish my right to call this history an original work, and not a mere compilation from Niebuhr or from others who have gone over the ground previously. But I shall be believed by all who are acquainted with Niebuhr's third volume, when I say that the composition of this period in mine has been throughout a most irksome labor; inasmuch as I was but doing, with manifest inferiority in every point, what Niebuhr had done in all points admirably. In the first part, although all the substance of it and much more, was to be found in Niebuhr, yet in its form I might hope to have some advantage, as putting his matter into a more popular shape. But his third volume is no less eloquent than wise; and is as superior in the power of its narrative as in the profoundness of its researches. And yet, this portion of the history was to be written as a necessary part of my own work. I was obliged, therefore, to go ï~~PREFACE. xi through with it as well as I could, feeling most keenly all the while the infinite difference between Niebuhr's history and mine. It may be thought by some that this volume is written at too great length. But I am convinced, by a tolerably large experience, that most readers find it almost impossible to impress on their memory a mere abridgment of history: the number of names and events crowded into a small space is overwhelming to them, and the absence of details in the narrative makes it impossible to communicate to it much of interest; neither characters nor events can be developed with that particularity which is the best help to the memory, because it attracts and engages us, and impresses images on the mind as well as facts. At the same time I am well aware of the great difficulty of giving liveliness to a narrative which necessarily gets all its facts at second-hand. Ai d a writer who has never been engaged in any public transactions, either of peace or war, must feel this especially. One who is himself a statesman and orator, may relate the political contests even of remote ages with something of the spirit of a contemporary; for his own experience realizes to him, in great measure, the scenes and the characters which he is describing. And, in like manner, a soldier or a seaman can enter fully into the great deeds of ancient warfare; for, although in outward form ancient battles and sieges may differ from those of modern times, yet the genius of the general and the courage of the soldier, the call for so many of the highest qualities of our nature which constitutes the enduring moral interest of war, are common alike to all times, and he who has fought under Wellington has been in spirit an eye-witness of the campaigns of Hannibal. But a writer whose whole experience has been confined to private life and to peace, has no link to connect him with the actors and great deeds of ancient history, except the feelings of our common humanity. He cannot realize civil contests or battles with the vividness of a statesman and a soldier; he can but enter into them as a man; and his general knowledge of human nature, his love of great and good actions, his sympathy with virtue, his abhorrence of vice, can alone assist him in making himself, as it were, a witness of what he attempts to describe. But these even by themselves will do much; and if an historian feels as a man and as a citizen, there is hope that, however humble his experience, he may inspire his readers with something of his own interest in the events of his history: he may hope, at least, that a full detail of these events, however feebly represented, will be worth far more than a mere brief summary of them, made the text for a long comment of his own. RTJGBY, May 28th, 1840. ï~~ ï~~CONTENTS. CHAPTER I. FAGS Early Legends of Rome.............................................................. 1 CHAPTER II. The early History of Rome............................................................ 8 CHAPTER III. Of the city of Rome, its territory, and its scenery...................................... 12 CHAPTER IV. Stories of the later Kings............................................................. 15 CHAPTER V. The History of the later Kings of Rome, and of the greatness of the Monarchy........... 19 CHAPTER VI. Miscellaneous notices of the state of the Romans under their Kings...................... 82 CHAPTER VII. The Story of the Banishing of King Tarquinius and his House, and of their attempts to get themselves brought back again................................................... 89 CHAPTER VIII. Rome after the end of the Monarchy-the Dictatorship-the Tribunes of the Commons... 47 CHAPTER IX. Spurius Cassius-the League with the Latins and Hernicans-the Agrarian Law-A.U.c. 261-269......................................................................... 57 CHAPTER X. Ascendency of the Aristocracy-the Fabii and their Seven Consulships-the Publilian Law-A.o. 269-283.............................................................. 62 CHAPTER XI. Wars with the Equians and Volscians-Legends connected with these Wars-Stories of Coriolanus, and of Cincinnatus................................................... 68 CHAPTER XII. Wars with the Etruscans-Veii--Legend of the slaughter of the Fabii at the river Cremera........................................................................ 79 CHAPTER XIII. Internal History-the Terentilian Law-Appointment of the ten High Commissioners to frame a Code of written Laws.--A.u.c. 284-303..................................83 ï~~xiv CONTENTS. CHAPTER XIV. WAGS The first Decemvirs, and the Laws of the Twelve Tables............................... 96 CHAPTER XV. The second Decemvirate-Story of Virginia-Revolution of 805........................ 114 CHAPTER XVI. Internal History-Constitution of the Year 306-Valerian Laws, and Trials of the Decemvirs-Reaction in favor of the Patricians-Canuleian Law-Constitution of 812 -Counter-Revolution......................................................... 121 CHAPTER XVII. Internal History from 812 to 850-the Censorship, and the limitation of it by Mamercus Emilius-Sp. Malius and C. Ahala--the Questorship laid open to tbe Commons-Six Tribunes of the Soldiers appointed, and pay issued to the Soldiers................ 182 CHAPTER XVIII. Wars of the Romans from 800 to 363-the Equians and Volscians-the Etruscans-Siege and Capture of Veii........................................................143 CHAPTER XIX. Internal History from 850 to 864--Plebeian Military Tribunes-Banishment of Camillus... 156 CHAPTER XX. State of foreign Nations at the period of the Gaulish invasion-Italy, Sardinia, Corsica... 161 CHAPTER XXI. Dionysius the Elder, Tyrant of Syracuse.............................................. 168 CHAPTER XXII. Carthage-Barbarians of Western Europe-East of Europe-Greece-Macedonia-Illyria.. 182 CHAPTER XXIII. Miscellaneous-Physical History......................................................190 CHAPTER XXIV. The Gauls invade Central Italy-Battle of the Alia-Burning of Rome-Ransom of the Capitol and of the City--Retreat of the Gauls...................................... 197 CHAPTER XXV. History, foreign and domestic, from the year 865 to 878-Rome after the retreat of the Gauls-its weakness, and the great misery of the Commons-Popularity and death of M. Manlius-Wars with the neighboring Nations................................. 210 CHAPTER XXVI. The Licinian Laws.-878-384........................................................ 222 CHAPTER XXVII. General History, domestic and foreign, from the admission of the Commons to the Consulship to the beginning of the first Samnite War-Evasion of the Licinian Laws-Wars with the Gauls, Tarquiniensians, and Volscians.---A.U.o. 889-412, Livy: 884-407, Niebuhr......................................................................... 284 CHAPTER XXVIII. T'he first Samnite War-Sedition of the year 408-Genucian Laws.-A.u.o. 407-409, Niebuhr: 410-412, Fasti Capit.: 412-414, Livy........................ 247 ï~~CONTENTS. xv CHAPTER XXIX. PAGB The great Latin War-Battle under Mount Vesuvius-The Publilian Laws-Final settlement of Latium.-A.ux.c. 415-417: 410-412, Niebuhr............................. 260 CHAPTER XXX. General History to the beginning of the second Samnite War-Privernum-Palhepolis.A.U.c. 418-428: 413-423, Niebuhr................................................ 275 CHAPTER XXXI. Second Samnite War-L. Papirius Cursor-Affair of the Forks or Pass of Caudium-Battle of Lautuhe-Q. Fabius, and the war with Etruria.-A.u.c. 428-450: 423-444, Niebuhr............................................................................ 284 CHAPTER XXXII. Internal History from 428 to 454-Abolition of Personal Slavery for Debt-Dictatorship of C. Maenius-Censorship of Appius Claudius--Censorship of Q. Fabius and P. Decius -the Ogulnian Law............................................................. 812 CHAPTER XXXIII. Foreign History from 460 to 464 (443 to 456, Niebuhr)-Conquest of the. quians-Third Samnite War-Coalition of the Etruscans, Samnites, and Gauls-Great battle of Sentinum, and death of P. Decius-Final victory of Q. Fabius over the Samnites-C. Pontius is led in triumph, and put to death in cold blood.......................... 828 CHAPTER XXXIV. Internal History from the passing of the Ogulnian Law to the landing of Pyrrhus in Italy -Secession to the Janiculum--Dietatorship of Q. Hortensius-Hortensian and Menian Laws-From A.v.c. 454 to 474................................................ 350 CHAPTER XXXV. State of the East-Kingdoms of Alexander's Successors-Sicily-Greece-Kingdom of Epirus, and early fortunes of Pyrrhus.............................................3 862 CHAPTER XXXVI. Rome and the Roman People at the beginning of the War with the Tarentines and with Pyrrhus........................................................................ 880 CHAPTER XXXVII. Foreign History from 464 to 479--Wars with the Etruscans, Gauls, and TarentinesFourth Samnite war-Pyrrhus, king of Epirus, in Italy--Battles of Heraclea, Asculum, and Beneventum................................................................. 887 CHAPTER XXXVIII. General History from the departure of Pyrrhus from Italy to the beginning of the first Punic War-Final submission of Samnium-Conquest of Tarentum-Picentian and Volsinian Wars-Rome acquires the sovereignty of all Italy-Detached events and anecdotes relating to this Period-479 to 489, A.v.O. 275 to 265, A.c................... 408 CHAPTER XXXIX. Constitution and power of Carthage.................................................. 418 CHAPTER XL. First Punic War-the Romans invade Sicily-Submission of Hiero-the Romans create a Navy-Naval victories of Myl e and Ecnomus-Expedition of M. Regulus to Africa; his successes, his arrogance in victpry, his defeat and captivity-War in Sicily-Siege of Lilybsum and naval actions connected with it-Hamilear Barea at Eircte and Eryx -Naval battle of the.Egates--Peace concluded.-A.u.c. 490 to 513--A.c. 264 to 241.... 424 ï~~"CONTENTS. CHAPTER XLI. PAGI State of Italy after the Roman conquest-Political relations of the inhabitants, and different tenures of land-Latin Colonies............................................. 448 CHAPTER XLII. General History from the first to the second Punic War-Illyrian War-Great Gaulish invasion-Muster of the forces of all Italy-Defeat of the Gauls-Roman invasions of Cisalpine Gaul-M. Marcellus and C. Flaminius.-A.u.c. 518 to 535-A.c. 241 to 219.... 456 CHAPTER XLIII. Second Punic War-Hannibal-March of Hannibal from Spain to Italy-Passage of the Alps-Battles of the Trebia, and of Thrasymenus-Q. Fabius Maximus Dictator-Battle of Canne-A.u.c. 535 to 538.................................................... 470 CHAPTER XLIV, Progress of the war in Italy after the battle of Cannae-Revolt of Capua, and of the people of Southern Italy, to Hannibal-Great exertions of the Romans-Surprise of Tarentum -Siege of Capua-Hannibal marches on Rome-Reduction and punishment of Capua -A.v.c. 538 to 543................................................... 500 CHAPTER XLV. Progress of the war in Spain, Sicily, and Greece-Operations of the Scipios in SpainTheir defeat and death-Macedon and Greece-Revolutions of Syracuse-Marcellus in Sicily-Siege of Syracuse-Archimedes-Sack of Syracuse, and reduction of SicilyMutmnes, the Numidian, in Sicily-A.u.c. 538 to 548............................... 512 CHAPTER XLVI. State of Italy-Distress of the people-Twelve colonies refuse to support the warEighteen colonies offer all their resources to the Romans-Events of the war-Death of Marcellus-Fabius recovers Tarentum-March of Hasdrubal into Italy-He reaches the coast of the Adriatic-Great March of C. Nero from Apulia to oppose him-Battle of the Metaurus, and death of Hasdrubal-A.u.c. 543 to A.u.c. 547................... 564 CHAPTER XLVII. P. Cornelius Scipio-His operations in Spain-Siege and capture of New Carthage-Battle of Bmcula-the Carthaginians evacuate the Spanish peninsula-Scipio returns to Rome, and is elected Consul-A.u.c. 543 to A.U.c. 548...................................... 586 SUPPLEMENT........................................................................... 608 TABLE of CONSULS and MILITARY TRIBUNES from the beginning of the Commonwealth to the taking of Rome by the Gauls................................................. 618 ADDENDA......................................................................... 649 APPENDI............................................................................665 ï~~HISTORY OF ROME. CHAPTER I. EARLY LEGENDS OF ROME. "The old songs of every people, which bear the impress of their character and of which the beauties, whether few or many, must be genuine, because they arise only from feeling, have always been valued by men of masculine and comprehensive taste."-Sm J. MAcKINTOSH, Hilst. of England, vol. I. p. 86. THE LEGEND OF JENEAS. WHEN the fatal horse was going to be brought within the walls of Troy,' and when Laocoon had been devoured by the two serpents sent by the How.Anes wont over sea from Troy te the gods to punish him because he had tried to save his country land of the Latin. against the will of Fate, then Eneas and his father Anchises, with their wives,2 and many who followed their fortune, fled from the coming of the evil day. But they remembered to carry their gods with them,3 who were to receive their worship in a happier land. They were guided in their flight from the city4 by the god Hermes, and he built for them a ship to carry them over the sea. When they put to sea, the star of Venus,' the mother of Eneas, stood over their heads, and it shone by day as well as by night, till they came to the shores of the land of the west. But when they landed, the star vanished and was seen no more; and by this sign,.Eneas knew that he was come to that country, wherein fate had appointed him to dwell. The Trojans, when they had brought their gods on shore, began to sacrifice.' But the victim, a milk-white sow just ready to farrow, broke from of tho Sig which he the priest and his ministers, and fled away..AEneas followed her; wheore hehood bu for an oracle had told him, that a four-footed beast should guide.ioity. him to the spot where he was to build his city. So the sow went forwards till she came to a certain hill, about two miles and a half from the shore where they had purposed to sacrifice, and there she laid down and farrowed, and her litter was of thirty young ones. But when.Eneas saw that the place was sandy and barren,' he doubted what he should do. Just at this time he heard a voice Arctinus, 'Iito 7rprcc, quoted by Proclus, 4 Tabula Iliensis and Nievius, quoted by SerChrestomathia, p. 483. See Fynes Clinton, vius,.En. I. 170. Edit. Lion. 1826. Fasti Hellen. Vol. I. p. 356. 5 Varro de Rebus divinis, II. quoted by SerSNa'vius, Fragm. Bell. Pun. I. 15-20. vius, 'En. I. 381. $ See the Tabula Iliensis, taken from Stesi- 6 Dionysius, I. 56. chorus. [Annali dell' Instituto di Corrispond. 7 Q. Fabius, apud Servium, Virg. En. I Archeolog. 1829, p. 232.] v. 3. 1 ï~~2 HISTORY OF ROME. [CUAP. which said,-" The thirty young of the sow are thirty years; when thirty years are passed, thy children shall remove to a better land; meantime do thou obey the gods, and build thy city in the place where they bid thee to build." So the Trojans built their city on the spot where the sow had farrowed. Now the land belonged to a people who were the children of the soil, and their Of his wars with ho king was called Latinus. He received the strangers kindly, and people of the country. granted to them seven hundred jugera of land,9 seven jugera to each man, for that was a man's portion. But soon the children of the soil and the strangers quarrelled; and the strangers plundered the lands round about them;10 and king Latinus called upon Turnus, the king of the Rutulians of Ardea, to help him against them. The quarrel became a war; and the strangers took the city of king Latinus, and Latinus was killed; and.Eneas took his daughter Lavinia and married her, and became king over the children of the soil; and they and the strangers became one people, and they were called by one name, Latins. But Turnus called to his aid Mezentius, king of the Etruscans of Caere.11 There How he disappeared in was then another battle on the banks of the river Numicius, and woe r.s ie.and Turnus was killed, and.Eneas plunged into the river and was was worshipped as aplne god. seen no more. However, his son Ascanius declared that he was not dead, but that the gods had taken him to be one of themselves;19 and his people built an altar to him on the banks of the Numicius, and worshipped him by the name of Jupiter Indiges, which means, "the God who was of that very land."" THE LEGEND OF ASCANIUS. The war went on between Mezentius and Ascanius, the son of Aneas; and How Acasnius sloew Mezentius pressed hard upon the Latins, till at last Ascanius met iezet usoa built him man to man, and slew him14 in single fight. At that time the city of Alba Lonct Ascanius was very young, and there were only the first soft hairs of youth upon his cheeks; so he was called Iulus, or "the soft-haired," because, when he was only a youth, he had vanquished and slain his enemy, who was a grown man. At length the thirty years came to an end, which were foreshown by the litter of thirty young ones of the white sow. Ascanius then removed with his people to a high mountain, which looks over all the land on every side, and one side of it runs steep down into a lake: there he hewed out a place for his city on the side of the mountain, above the lake; and as the city was long and narrow, owing to the steepness of the hill, he called it Alba Longa, which is, the "White Long City;" and he called it white, because of the sign of the white sow.1 THE LEGEND OF ROMULUS. Numitor'6 was the eldest son of Procas, king of Alba Longa, and he had a HoSw Romulus and younger brother called Amulius. When Procas died, Amulius Remus were born, and suckled by awshewf seized by force on the kingdom, and left to Numitor only his share and fed by a woodpeeker. of his father's private inheritance. After this he caused Numitor's only son to be slain, and made his daughter Silvia become one of the virgins who watched the ever-burning fire of the goddess Vesta. But the god Mamers, who is called also Mars, beheld the virgin and loved her, and it was found that she was going to become the mother of children. Then Amulius ordered that the children, when born, should be thrown into the river. It hap8 Aborigines."-Cato, Origines, apud Ser- 11 Cato, apud Servium, An. I. 267. vium, En. I. v. 6. 12 Servius, 4n. IV. 620. n. XII. 794. Cato, apud Servium, AEn. XI. v. 316.-But ' Livy, I. 2. it should be observed that the MSS. of Servius 1 Cato, apud Servium, en. I. 267. give the number of jugera variously. 15 Servius, En. I. v. 270. t Cato, apud Servium, AEn. I. 267, et An. IV. 1B Livy, I. 8. Dionysius, I. 76, et seqq. Plu620 tarch, in Romulo ï~~CHAP. I,] EARLY LEGENDS. pened that the river at that time had flooded the country; when, therefore, the two children in their basket were thrown into the river, the waters carried them as far as the foot of the Palatine Hill, and there the basket was upset, near the roots of a wild fig-tree, and the children thrown out upon the land. At this moment there came a she-wolf down to the water to drink, and when she saw the children, she carried them to her cave hard by, and gave them to suck; and whilst they were there, a woodpecker came backwards and forwards to the cave, and brought them food.'7 At last one Faustulus, the king's herdsman, saw the wolf suckling the children; and when he went up, the wolf left them and fled;18 so he took them home to his wife Larentia, and they were bred up along with her own sons on the Palatine Hill; and they were called Romulus and Remus.'9 When Romulus and Remus grew up, the herdsmen of the Palatine Hill chanced to have a quarrel with the herdsmen of Numitor, who stalled their ow i t wasf ound out cattle on the hill Aventinus. Numitor's herdsmen laid an ambush, who theoy were. and Remus fell into it, and was taken and carried off to Alba. But when the young man was brought before Numitor, he was struck with his noble air and bearing, and asked him who he was. And when Remus told him of his birth, and how he had been saved from death, together with his brother, Numitor marvelled, and thought whether this might not be his own daughter's child. In the mean while, Faustulus and Romulus hastened to Alba to deliver Remus; and by the help of the young men of the Palatine Hill, who had been used to follow him and his brother, Romulus took the city, and Amulius was killed; and Numitor was made king, and owned Romulus and Remus to be born of his own blood. The two brothers did not wish to live at Alba, but loved rather the hill on the banks of the Tiber, where they had been brought up. So they said, Ho they disoputed that they would build a city there; and they inquired of the gods namo to the city, 00( of the sign of the vulby augury, to know which of them should give his name to the tures. city. They watched the heavens from morning till evening, and from evening till morning;20 and as the sun was rising, Remus saw six vultures.21 This was told to Romulus; but as they were telling him, behold there appeared to him twelve vultures. Then it was disputed again, which had seen the truest sign of the god's favor: but the most part gave their voices for Romulus. So he began to build his city on the Palatine Hill. This made Remus very angry; and when he saw the ditch and the rampart which were drawn round the space where the city was to be, he scornfully leapt over them,' saying, "Shall such defences as these keep your city?" As he did this, Celer, who had the charge of the building, struck Remus with the-spade which he held in his hand, and slew him; and they buried him on the hill Remuria, by the banks of the Tiber, on the spot where he had wished to build his city. But Romulus found that his people were too few in numbers; so he set apart a place of refuge,23 to which any man might flee, and be safe from How Romulus opened a place of refuge, and his pursuers. So many fled thither from the countries round how his people carried off the women of the about; those who had shed blood, and fled from the vengeance neighboring people. of the avenger of blood; those who were driven out from their own homes by their enemies, and even men of low degree who had run away from their lords. Thus the city became full of people; but yet they wanted wives, and the nations round about would not give them their daughters in marriage. So Romulus gave out that he was going to keep a great festival, and there were to be sports and games to draw a multitude together.4 The neighbors came to see the show, with their wives and their daughters: there came the people of - Ovid, Fasti, III. 54. Servius, WEn. I. v. 273. 21 Livy, I. 7. SEnnius, Annal. I. 78. " Ovid, Fasti, IV. 842. SGellius, Noct. Attic. VI. e. 7, quoted from 23 The famous Asylum. See Livy, I. 8.?tessurius Sabinus. 24 Livy, I. 9. SEnnius, Annal. I. v. 106, 107. ï~~HISTORY OF ROME. [CHA.. C emnina, and of Crustumerium, and of Antemna, and a great multitude of the Sabines. But while they were looking at the games, the people of Romulus rushed out upon them, and carried off the women to be their wives. Upon this the people of Cmnina first made war upon the people of Romw. How for this cause theo lus:5 but they were beaten, and Romulus with his own hand Sabine andmote rason slew their king Acron. Next the people of Crustumerium, and of thoe fair Tarpoisa. of Antemna, tried their fortune, but Romulus conquered both of them. Last of all came the Sabines with a great army, under Titus Tatius, their king. There is a hill near to the Tiber, which was divided from the Palatine Hill by a low and swampy valley; and on this hill Romulus made a fortress, to keep off the enemy from his city. But when the fair Tarpeia, the daughter of the chief who had charge of the fortress, saw the Sabines draw near, and marked their bracelets and their collars of gold, she longed after these ornaments, and promised to betray the hill into their hands if they would give her those bright things which they wore upon their arms." So she opened a gate, and let in the Sabines; and they, as they came in, threw upon her their bright shields which they bore on their arms, and crushed her to death. Thus the Sabines got the How the god a us fortress which was on the hill Saturnius; and they and the Rosaced use city from the sabi. f temanrs joined battle in the valley between the hill and the city of Romulus." The Sabines began to get the better, and came up close to one of the gates of the city. The people of Romulus shut the gate, but it opened of its own accord; once and again they shut it, and once and again it opened. But as the Sabines were rushing in, behold, there burst forth from the Temple of Janus, which was near the gate, a mighty stream of water, and it swept away the Sabines, and saved the city. For this it was ordered that the Temple of Janus should stand ever open in time of war, that the god might be ever ready, as on this day, to go out and give his aid to the people of Romulus. After this they fought again in the valley; and the people of Romulus were How the womn who beginning to flee, when Romulus prayed to Jove, the stayer of had been carried off ade peace ethen flight, that he might stay the people;2 and so their flight was their fathers and theirA n n o th f g t husbands; and how the stayed, and they turned again to the battle. And now the fight Rtomans and the Saiaoes livo a togoth er. was fiercer than ever: when, on a sudden, the Sabine women who had been carried off ran down from the hill Palatinus, and ran in between their husbands and their fathers, and prayed them to lay aside their quarrel.t9 So they made peace with one another, and the two people became as one: the Sabines with their king dwelt on the hill Saturnius, which is also called Capitolium, and on the hill Quirinalis; and the people of Romulus with their king dwelt on the hill Palatinus. But the kings with their counsellors met in the valley between Saturnius and Palatinus, to consult about their common matters; and the place where they met was called Comitium, which means "the place of meeting." Soon after this, Tatius was slain by the people of Laurentum, because some of his kinsmen had wronged them, and he would not do them justice.3t So Romulus reigned by himself over both nations; and his own people were called the Romans, for Roma was the name of the city on the hill Palatinus; and the Sabines were called Quirites, for the name of their city on the hills Saturnius and Quirinalis was Quirium.3 2 Livy, I. 10. Annal. XII. 24. Yet Macrobius relates ths 2 Livy, I. 11. wonder as having happened at one of the gates " Macrobius, Saturnalia, 1. 9. Macrobius of the Roman city, when the Romans were at places the scene of this wonder at a gate war with Tatius; and it seemed needless to "' which stood at the foot of the hill Vimmina- destroy the consistency of the whole story by lis." It would be difficult to reconcile this the unseasonable introduction of a topographi. story with the other accounts of the limits of cal difficulty. the two cities of Romulus and Tatius: and cer- 25 Livy, I. 12. tainly a gate at the foot of the Viminal could 20 Livy, I. 13. not have existed in the walls of the city of 3o Livy, I. 14. Romulus, according to the historical account of 31 Perhaps I hardly ought to have embodied their direction and extent, as given by Tacitus, Niebuhr's conjecture in the legend, for certain ï~~CHAP. I.] EARLY LEGENDS. The people were divided into three tribes;32 the Ramnenses, and the Titienses, and the Luceres: the Ramnenses were called from Romulus, How Romulus ordered and the Titienses from Tatius; and the Luceres were called from his people. Lucumo, an Etruscan chief, who had come to help Romulus in his war with the Sabines, and dwelt on the hill called Caelius. In each tribe there were ten curiae, each of one hundred men;33 so all the men of the three tribes were three thousand, and these fought on foot, and were called a legion. There were also three hundred horsemen, and these were called Celerians, because their chief was that Celer who had slain Remus. There was besides a council of two hundred men, which was called a senate, that is, a council of elders. Romulus was a just king, and gentle to his people: if any were guilty of crimes, he did not put them to death, but made them pay a fine How h vanished sadof sheep or of oxen?4 In his wars he was very successful, and arn, in~e eld of enriched his people with the spoils of their enemies. At last, af- shipped as a god. ter he had reigned nearly forty years, it chanced that one day he called his people together in the field of Mars, near the Goats' Pool'35 when, all on a sudden, there arose a dreadful storm, and all was as dark as night; and the rain, and thunder and lightning, were so terrible, that all the people fled from the field, and ran to their several homes. At last the storm was over, and they came back to the field of Mars, but Romulus was nowhere to be found; for Mars, his father, had carried him up to heaven in his chariot.76 The people knew not at first what was become of him; but when it was night, as one Proculus Julius was coming from Alba to the city, Romulus appeared to him in more than mortal beauty, and grown to more than mortal stature, and said to him, " Go, and tell my people that they weep not for me any more; but bid them to be brave and warlike, and so shall they make my city the greatest in the earth." Then the people knew that Romulus was become a god; so they built a temple to him, and offered sacrifice to him, and worshipped him evermore by the name of the god Quirinus. THE LEGEND OF NUMA POMPILIUS. When Romulus was taken from the earth, there was no one found to reign in his place." The Senators would choose no king, but they divided Hew for owhole year the Romans had themselves into tens; and every ten was to have the power of no ing. king for five days, one after the other. So a year passed away, and the people murmured, and said, that there must be a king chosen. Now the Romans and the Sabines each wished that the king should be one of them; but at last it was agreed that the king should be a Sabine, How Numa Pompiliu but that the Romans should choose him.Y So they chose Numa was e ose king. Pompilius; for all men said that he was a just man, and wise, and holy. Some said that he had learnt his wisdom from Pythagoras, the faous philosopher of the Greeks;9 but others would not believe that Of his wise and pious he owed it to any foreign teacher. Before he would consent or.nans;adof the y g favor shown him by the to be king, he consulted the gods by augury, to know whether it nymph Egeria. was their pleasure that he should reign.40 And as he feared the gods at first, so did he even to the last. He appointed many to minister in sacred things,4d such as the Pontifices, who were to see that all things relating to the gods were duly observed by all; and the Augurs, who taught men the pleasure of the gods concerning things to come; and the Flamens, who ministered in the temples; ly no encient writer now extant speaks of the 5 Livy, I. 16. town "Quirium." Yet it seems so probable a 86. Quirinus conjecture, and gives so much consistency to Martis equis Acheronta fugit." the story, that I have ventured to adopt it. borat. III. Carm. 3.? Livy, I. 13. Varro de Lin. Lat. Â~ 55. Ed. 1 Livy, I. 17. siller. Servius, tEn. V. 560..3 Dionysius, II. 58. 1 Paternus, quoted by Lydus, de Magistra- " Livy, I. 18. Dionysius, [. 59. tibus, c. 9. 4 Livy, I. 18. 1 Cicero de Republica, II. 9. 4 Livy, I. 19. ï~~HISTORY OF ROME. [Ch A. I and the virgins of VE;sta, who tended the ever-burning fire; and the Salii, who honored the god of arms with solemn songs and dances through the city on certain days, and who kept the sacred shield which fell down from heaven. And in all that he did, he knew that he should please the gods; for he did every thing by the direction of the nymph Egeria, who honored him so much that she took him to be her husband, and taught him in her sacred grove, by the spring that welled out from the rock, all that he was to do towards the gods and towards men.42 By her counsel he snared the gods Picus and Faunus in the grove on the hill Aventinus, and made them tell him how he might learn from Jupiter the knowledge of his will, and might get him to declare it either by lightning or by the flight of birds.43 And when men doubted whether Egeria had really given him her counsel,. she gave him a sign by which he might prove it to them. He called many of the Romans to supper, and set before them a homely meal in earthen dishes;44 and then on a sudden he said, that now Egeria was come to visit him; and straightway the dishes and the cups became of gold or precious stones, and the couches were covered with rare and costly coverings, and the meats and drinks were abundant and most delicious. But though Numa took so much care for the service of the gods, yet he forbade all costly sacrifices;45 neither did he suffer blood to be shed on the altars, nor any images of the gods to be made.46 But he taught the people to offer in sacrifice nothing but the fruits of the earth, meal and cakes of flour, and roasted corn. For he loved husbandry, and he wished his people to live every man on his Of his goodness towards own inheritance in peace and in happiness. So the lands which Streno..waro, Romulus had won in war, he divided out amongst the people, and his reign. gave a certain portion to every man.41 He then ordered landmarks to be set on every portion;48 and Terminus, the god of landmarks, had them in his keeping, and he who moved a landmark was accursed. The craftsmen of the city,49 who had no land, were divided according to their callings; and there were made of them nine companies. So all was peaceful and prosperous throughout the reign of king Numa; the gates of the temple of Janus were never opened, for the Romans had no wars and no enemies; and Numa built a temple to Faith, and appointed a solemn worship for her;50 that men might learn not to lie or to deceive, but to speak and act in honesty. And when he had lived to the age of fourscore years, he died at last by a gentle decay, and he was buried under the hill Janiculum, on the other side of the Tiber; and the books of his sacred laws and ordinances were buried near him in a separate tomb.5' THE LEGEND OF TULLUS HOSTILIUS. When Numa was dead, the Senators again for a while shared the kingly power How Tu isHostliu amongst themselves. But they soon chose for their king Tullus was chosenking. Hostilius, whose father's father had come from Medullia, a city of the Latins, to Rome, and had fought with Romulus against the Sabines.5' Tullus loved the poor, and he divided the lands which came to him, as king, amongst those who had no land. He also bade those who had no houses to settle themselves on the hill Caelius, and there he dwelt himself in the midst of them. Tullus was a warlike king, and he soon was called to prove his valor; for the Of his war wi th theo countrymen of the Alban border and of the Roman border plunAbas between tiho Horai drd n wsby(1nn-i5 lbat e nd oi dered one another.53 Now Alba was governed by Caius Cuilius, and te Curiaii. who was the dictator; and Cluilius sent to Rome to complain of 4 Livy, I. 19, 20. Ovid, Fasti, III. 276. 4 Cicero de Rep. II. 14. 4 Ovid, Fasti, III. 289, et seqq. Plutarch, 4 Dionysius, II. 74. Plutarch, Numa, 16. Numa, 15. 4 Plutarch, Numa, 17. " Plutarch, Numa, 15. Dionysius, II. 60. 5 Livy, I. 21.' * Cicero de Repub. II. 14. 5 Plutarch, Numa, 22. 0 Plutarch, Numa, 8. Varro, apud Augus- 2 Dionysius, III. 1. tin. Civit. Del, IV. 81., " Livy, I. 22, et seqq. ï~~CHAP. I.] EARLY LEGENDS. the wrongs done to his people, and Tullus sent to Alba for the same purpose. So there was a war between the two nations, and Cluilius led his people against Rome, and lay encamped within five miles of the city, and there he died. Mettius Fufetius was then chosen dictator in his room; and as the Albans still lay in their camp, Tullus passed them by, and marched into the land of Alba. But when Mettius came after him, then, instead of giving battle, the two leaders agreed that a few in either army should fight in behalf of the rest, and that the event of this combat should decide the quarrel. So three twin brothers were chosen out of the Roman army, called the Horatii, and three twin brothers out of the Alban army, called the Curiatii. The combat took place in the sight of both armies; and after a time all the Curiatii were wounded, and two of the Horatii were slain. Then the last Horatius pretended to fly, and the Curiatii each, as they were able, followed after him. But when Horatius saw that they were a great way off from one another, he turned suddenly and slew the first of them; and the second in like manner, and then he easily overcame and slew the third. So the victory remained to the Romans. Then the Romans went home to Rome in triumph,4 and Horatius went at the head of the army, bearing his triple spoils. But as they were How Horatis sleow his drawing near to the Capenian gate, his sister came out to meet u " t.fssed uponhim him. Now she had been betrothed in marriage to one of the for theoo deed. Curiatii, and his cloak, which she had wrought with her own hands, was borne on the shoulders of her brother; and she knew it, and cried out, and wept for him whom she had loved. At the sight of her tears Horatius was so wroth that he drew his sword, and stabbed his sister to the heart; and he said, "So perish the Roman maiden who shall weep for her country's enemy." But men said that it was a dreadful deed, and they dragged him before the two judges who judged when blood had been shed. For thus said the law, "The two men shall give judgment on the shedder of blood. If he shall appeal from their judgment, let the appeal be tried. If their judgment be confirmed, cover his head. Hang him with a halter on the accursed tree; Scourge him either within the sacred limit of the city or without." So they gave judgment on Horatius, and were going to give him over to be put to death. But he appealed, and the appeal was tried before all the Romans, and they would not condemn him because he had conquered for them their enemies, and because his father spoke for him, and said, that he judged the maiden to have been lawfully slain. Yet as blood had been shed, which required to be atoned for, the Romans gave a certain sum of money to offer sacrifices to atone for the pollution of blood. These sacrifices were duly performed ever afterwards by the members of the house of the Horatii. The Albans were now become bound to obey the Romans;5i and Tullus called upon them to aid in a war against the people of Veii and Fidene. of the feafu rpunish But in the battle the Alban leader, Mettius Fufetius stood aloof, met of MeottiusFfe. > tius, and of the destrue. and gave no true aid to the Romans. So, when the Romans had ti on of Alba. won the battle, Tullus called the Albans together as if he were going to make a speech to them; and they came to hear him, as was the custom, without their arms; and the Roman soldiers gathered round them, and they could neither fight nor escape. Then Tullus took Mettius and bound him between two chariots, and drove the chariots different ways, and tore him asunder. After this he sent his people to Alba, and they destroyed the city, and made all the Albans come and live at Rome; there they had the hill Celius for their dwelling-place, and became one people with the Romans. After this, Tullus made war upon the Sabines, and gained a victory over * Livy, I. 26. 1 Livy, 1. 27, et seqq. ï~~8 HISTORY OF ROME. Lcur 1l. How king Tuius, hayv- them.'" But now, whether it were that Tullus had neglected the Sfi eed~ebyghtng worship of the gods whilst he had been so busy in his wars, the signs of the wrath of heaven became manifest. A plague broke out among the people, and Tullus himself was at last stricken with a lingering disease. Then he bethought him of good and holy Numa, and how, in his time, the gods had been so gracious to Rome, and had made known their will by signs whenever Numa inquired of them. So Tullus also tried to inquire of Jupiter, but the god was angry, and would not be inquired of, for Tullus did not consult him rightly; so he sent his lightnings, and Tullus and all his house were burnt to ashes. This made the Romans know that they wanted a king who would follow the example of Numa; so they chose his daughter's son, Ancus Marcius, to reign over them in the room of Tullus. THE STORY OF ANCUS MARCIUS. Ancient story does not tell much of Ancus Marcius. He published the reliOf tohe good reign of gious ceremonies which Numa had commanded, and had them AncusMarciu. written out upon whited boards, and hung up round the forum, that all might know and observe them.7 He had a war with the Latins and conquered them, and brought the people to Rome, and gave them the hill Aventinus to dwell on.56 He divided the lands of the conquered Latins amongst all the Romans;59 and he gave up the forests near the sea which he had taken from the Latins, to be the public property of the Romans. He founded the colony at Ostia, by the mouth of the Tiber.Â~ He built a fortress on the hill Janiculum, and joined the hill to the city by a wooden bridge over the river.' He secured the city in the low grounds between the hills by a great dyke, which was called the dyke of the Quirites.6' And he built a prison under the hill Saturnius, towards the forum, because, as the people grew in numbers, offenders against the laws became more numerous also.6" At last king Ancus died, after a reign of three-and-twenty years.64 CHAPTER IIL THE EARLY HISTORY OF ROME. 'Ec r6v clplpiveOv re str pcov rotatra v rt s vop wv dttrra ~~~&6Aov, o sA paprdvot KaL a oJre ws rotrra b6v4Ka t rep? abrwv, 7Fri r p 6iov KoQpvrcpa,,AAov,rtcrl ov, ore g )oyoypdbot vviOcrav Fri Tr rporaywy6repov rid &cpodcct 1 4XiOwrepov, tvra ve f 'vicra scai rd roAAd fbr xpdvov abrwv dtr&rrg rir r? pvOwicer xvevciuK6ra, efvpijv&at i ysld~evoc.icr Tv exaveardrov acnsdwv, (t f is raXWrativat1 aroXpWvrws.-THUCYDIDES, I. 21. I HAVE given the stories of the early kings and founders of Rome, in their swn proper form; not wishing any one to mistake them for real history, but thinking them far too famous and too striking to be omitted. But what is the real history, in the place of which we have so long admired the tales of Romulus and Numa? This is a question which cannot be satisfactorily answered: I shall 5 Livy, I. 81. o8 Livy, I. 83. 7 Livy, I. 32. Dionysius, III. 86. 62 Livy, I. 33. SCicero de Repub. II. 18. Livy, I. 33. 63 Livy, I. 833. ' Cicero de Repub. II. 18. 64 Cicero de Repub. II. 18. Livy says, "twen. ' Cicero, ib. Livy, I. 833. Dionys. III. 44. ty-four years." I. 85. ï~~CHA. II.] EARLY HISTORY. content myself here with giving the few points that seem sufficiently established; referring those who desire to go deeply into the whole question, to that immortal work of Niebuhr, which has left other writers nothing else to do, except either to copy or to abridge it. The first question in the history of every people is, What was their race and language? the next, What was the earliest form of their society, their social and political organization? Let us see how far we can answer these questions with respect to Rome,. The language of the Romans was not called Roman, but Latin. Politically, Rome and Latium were clearly distinguished, but their language Languoage of the no. appears to have been the same. This language is different from an.. the Etruscan, and from the Oscan; the Romans, therefore, are so far marked out as distinct from the great nations of central Italy, whether Etruscans, Umbrians, Sabines, or Samnites. On the other hand, the connection of the Latin language with the Greek is manifest. Many common words, which no nation ever derives Partly connectoed with from the literature of another, are the same in Greek and Latin; that of reece. the declensions of the nouns and verbs are, to a great degree, similar. Tt is probable that the Latins belonged to that great race which, in very early times, overspread both Greece and Italy, under the various names of Pelasgians, Tyrsenians, and Siculians. It may be believed, that the Hellenians were anciently a people of this same race, but that some peculiar circumstances gave to them a distinct and superior character, and raised them so far above their brethren, that in after ages they disclaimed all connection with them.' But in the Latin language there is another element besides that which it has in common with the Greek. This element belongs to the languages Partly with that of the of central Italy, and may be called Oscan. Further, Niebuhr has Ocans. remarked, that whilst the terms relating to agriculture and domestic life are mostly derived from the Greek part of the language, those relating to arms and war are mostly Oscan.' It seems, then, not only that the Latins were a mixed people, partly Pelasgian and partly Oscan; but also that they arose out of a conquest of the Pelasgians by the Oscans: so that the latter were the ruling class of the united nation; the former were its subjects. The Latin language, then, may afford us a clue to the origin of the Latin people, and so far to that of the Romans. But it does not explain Differencesbetween the Romans and the other the difference between the Romans and Latins, to which the pecu- Latina. liar fates of the Roman people owe their origin. We must inquire, then, what the Romans were, which the other Latins were not; and as language cannot aid us here, we must have recourse to other assistance, to geography and national a The Pelasgians, in the opinion of Herodotus, were a barbarian race, and spoke a barbarian language.-I. 57, 58. This merely means that they did not speak Greek. No one doubts the connection between Greek and Latin; yet Plautus, speaking of one of his own comedies, the story of which was borrowed from Philemon, says, "Philemo scripsit, Plautus vertit barbar."Trinummus, Prolog. v. 19. That is, " translated into Latin." The discovery of.ffinities in languages, when they are not so close a. to constitute merely a difference of dialect, belongs only to philologers. Who, till very lately, suspected that Sanskrit and English nad any connection with each other? a He instances, on the one hand, Domus, Ager, Aratrum, Vinum, Oleum Lac, Bos, Sus, Ovis; while on the other hand, Duellum, Ensis, Hasta, Sagitta, &e., are quite different from the corresponding Greek terms. See Niebuhr, Reom. Gesch. Vol. I. p. 82. Ed. 1827. The word " scutunm" was, in the first edition of this work, introduced inadvertently into the list of Latin military terms, unconnected with Greek; as it is evidently of the same family with ucroc: but yet there are so many words of the same family in the other languages of the Indo-Germanic stock, that the connection belongs rather to the general resemblance subsisting between all those languages, than to the closer likeness which may subsist between any two of them towards one another. And this more distant relationship exists, I doubt noty between the Oscan and even the Etruscan languages, and the other branches of the IndoGermanic family; and so far Greek, as well as Sanskrit, Persian, or German, may be rightly used as an instrument to enable us to decipher the Etruscan inscriptions. Lanzi's fault consisted in assuming too close a resemblance between Greek and Etruscan; in supposing that they were sisters, rather than distant cousins. ï~~10 HISTORY OF ROME. [OHr. 1 traditions. And thus, at the same time, we shall arrive at an answer to the second question in Roman history, What was the earliest form of civil society at Rome? If we look at the map, we shall see that Rome lies at the farthest extremity Distinct geographical of Latium, divided from Etruria only by the Tiber, and having the position of Rome. Sabines close on the north, between the Tiber and the Anio. No other Latin town, so far as we know, was built on the Tiber; some were clustered on and round the Alban hills, others lined the coast of the Mediterranean. but from all these Rome, by its position, stood aloof. Tradition reports that as Rome was thus apart from the rest of the Latin Intermixture of Sabineo cities, and so near a neighbor to the Etruscans and Sabines, so its and Etruscan institution.and people, population was in part formed out of one of these nations, and many of its rites and institutions borrowed from the other. Tradition describes the very first founders of the city as the shepherds and herdsmen of the banks of the Tiber, and tells how their numbers were presently swelled by strangers and outcasts from all the countries round about. It speaks of a threefold division of the Roman people, in the very earliest age of its history; the tribes of the Ramnenses, Titienses, and Luceres. It distinctly acknowledges the Titienses to have been Sabines; and in some of its guesses at the origin of the Luceres, it connects their name with that of the Etruscan Lucumones,4 and thus supposes them to have been composed of Etruscans. We know that for all points of detail, and for keeping a correct account of time, tradition is worthless. It is very possible that all Etruscan rites and usages came in with the Tarquinii, and were falsely carried back to an earlier period. But the mixture of the Sabines with the original people of the Palatine Hill cannot be doubted; and the stories of the asylum, and of the violence done to the Sabine women, seem to show that the first settlers of the Palatine were a mixed race, in which other blood was largely mingled with that of the Latins. We may conceive of this earlier people of Mamers, as of the Mamertini of a more historical period: that they were a band of resolute adventurers from various parts, practised in arms, and little scrupulous how they used them. Thus the origin of the highest Roman nobility may have greatly resembled that larger band of adventurers who followed the standard of William the Norman, and were the founders of the nobility of England. The people or citizens of Rome were divided into the three tribes of the RamDivision of the Roman nenses, Titienses, and Luceres,5 to whatever races we may suppose people into three triNs. them to belong, or at whatever time and under whatever circumstances they may have become united. Each of these tribes was divided into ten smaller bodies called curie; so that the whole people consisted of thirty curim: these same divisions were in war represented by the thirty centuries which made up the legion, just as the three tribes were represented by the three centuries of horsemen; but that the soldiers of each century were exactly a hundred, is apparently as unfounded a conclusion, as it would be if we were to argue in the same way as to the military force of one of our English hundreds. I have said that each tribe was divided into ten curie; it would be more corI had forgotten what may be the single b These in Livy's first book are called merely exception of Ficana, which, according to Fes- " Centurite equitum," ch. 13. But in the tentltus, stood on the road to Ostia, at the eleventh book, ch. 6, they appear as " Antique tribus." milestone from Rome: that is, according to Sir Both expressions come to the same thing, for W. Gell and others at the spot now called the three centuries of horsemen, as appears Tenuta di Dragoncella. But Westphal places by the story of Tarquinius Priscus and the Ficana at Traphusa, which is at some distance augur, Attus Navius, were supposed to repfrom the Tiber; so that, according to him, the resent the three tribes, and their number was statement in the textwould be absolutelycorrect. fixed upon that principle: just as the thirty 4 So Junius Gracchanus, as quoted by Varro, centuries of foot soldiers represented the thirty de L. L., V. sec. 55; and so also Cicero, de Re. curie. publics, II. 8. ï~~OHA. II.] EARLY HISTORY. 1I rect to say, that the union of ten curim formed the tribe. For the Tribes made op of cu state grew out of the junction of certain original elements; and rise; curi e of houses. these were neither the tribes, nor even the curim, but the gentes or houses which made up the curiae. The first element of the whole system was the gens or house, a union of several families who were bound together by the joint performance of certain religious rites. Actually, where a system of houses has existed within historical memory, the several families who composed a house were not necessarily related to one another; they were not really cousins more or less distant, nall descended from a common ancestor. But there is no reason to doubt that in the original idea of a house, the bond of union between its several families was truly sameness of blood: such was likely to be the earliest acknowledged tie; although afterwards, as names are apt to outlive their meanings, an artificial bond may have succeeded to the natural one; and a house, instead of consisting of families of real relations, was made up sometimes of families of strangers, whom it was proposed to bind together by a fictitious tie, in the hope that law, and custom, and religion, might together rival the force of nature. Thus the state being made up of families, and every family consisting from the earliest times of members and dependents, the original inhabitants The houses and their of Rome belonged all to one of two classes: they were either clioents. members of a family; and if so, members of a house, of a curia, of a tribe, and so, lastly, of the state: or they were dependents on a family; and, if so, their relation went no further than the immediate aggregate of families, that is, the house: with the curia, with the tribe, and with the state, they had no connection. These members of families were the original citizens of Rome; these dependents on families were the original clients. The idea of clientship is that of a wholly private relation; the clients were something to their respective patrons, but to the state they were hcommonsors. nothing. But wherever states composed in this manner, of aTh....ob. body of houses with their clients, had been long established, there grew up amidst or close beside them, created in most instances by conquest, a population of a very distinct kind. Strangers might come to live in the land, or more commonly the inhabitants of a neighboring district might be conquered, and united with their conquerors as a subject people. Now this population had no connection with the houses separately, but only with a state composed of those houses: this was wholly a political, not a domestic relation; it united personal and private liberty with political subjection. This inferior population possessed property, regulated their own municipal as well as domestic affairs, and as free men fought in the armies of what was now their common country. But, strictly, they were not its citizens; they could not intermarry with the houses, they could not belong to the state, for they belonged to no house, and therefore to no curia, and no tribe; consequently they had no share in the state's government, nor in the state's property. What the state conquered in war became the property of the state, and therefore they had no claim to it; with the state demesne, with whatever, in short, belonged to the state in its aggregate capacity, these, as being its neighbors merely, and not its members, had no concern. Such an inferior population, free personally, but subject politically, not slaves, yet not citizens, were the original Plebs, the commons of Rome. The mass of the Roman commons were conquered Latins.6 These, besides receiving grants of a portion of their former lands, to be held by Theirsettlement on the them as Roman citizens, had also the hill Aventinus assigned as Aventine Hill. a residence to those of them who removed to Rome. The Aventine was without the walls, although so near to them: thus the commons were, even in the nature of their abode, like the Pfalburger of the middle ages,-men not admitted to live within the city, but enjoying its protection against foreign enemies. See Niebuhr's chapter "Die Gemeinde und die plebeischen Tribus." ï~~12 HISTORY OF ROME. [CHAP. 111 It will be understood at once, that whatever is said of the people in these mb.ers of the houses early times, refers only to the full citizens, that is, to the memwere the only citizens. bers of the houses. The assembly of the people was the assembly of the curiae; that is, the great council of the members of the houses; while the senate, consisting of two hundred senators, chosen in equal numbers from the two higher tribes of the Ramnenses and Titienses, was their smaller or ordinary council. The' power of the king was as varied and ill-defined as in the feudal monarchTi eo king's power over ies of the middle ages. Over the commons he was absolute; the citizens, and over the comnens. but over the real people, that is, over the houses, his power was absolute only in war, ana without the city. Within the walls every citizen was allowed to appeal from the king, or his judges, to the sentence of his peers; that is, to the great council of the curiae. The king had his demesne lands,' and in war would receive his portion of the conquered land, as well as of the spoil of movables. CHAPTER III. OF THE CITY OF ROME, ITS TERRITORY, AND ITS SCENERY. " Muros, arcemque procul, ac rara domorum Tecta vident. Hoc nemus, hunc, inquit, frondoso vertice collem, Quis Deus incertum est, habitat Deus." VIRGIL, En. VIII. Ir it is hard to carry back our ideas of Rome from its actual state to the Early state of the city period of its highest splendor, it is yet harder to go back in o Rome. fancy to a time still more distant, a time earlier than the beginning of its authentic history, before man's art had completely rescued the very soil of the future city from the dominion of nature. Here also it is vain to attempt accuracy in the details, or to be certain that the several features in* our description all existed at the same period. It is enough if we can image to ourselves some likeness of the original state of Rome, before the undertaking of those great works which are ascribed to the later kings. The Pomcerium of the original city on the Palatine, as described by Tacitus,' Te original Pome.- included not only the hill itself, but some portion of the ground rium. immediately below it; it did not, however, reach as far as any of the other hills. The valley between the Palatine and the Aventine, afterwards the site of the Circus Maximus, was in the earliest times covered with water; ' Cicero de RepublicA, V. 3. timius Severus, at the Janus Quadrifons" (this 1 Tacitus, Annal. XII. 24.-It is evident, by must not be confounded with the Arch of Sevthe minuteness of his description, that the con- erus on the Via Sacra, just under the capitol), secrated limits of the original city had been " and passed through the valley of the circus, carefully preserved by tradition; and this is so as to include the Ara Maxima, as far as the exactly one of the points on which, as we know Ara Consi, at the foot of the hill. It then proby our own experience with regard to parish ceeded from the Septizonium (just opposite boundaries, a tradition kept up by yearly cere- the church of S. Gregorio, at the foot of the monies may safely be trusted. The exact line Palatine), till it came under the baths of Traof this original Pomcerium is thus marked by jan (or Titus), which were the Curim Veteres. Bunsen in his description of Rome, Vol. I. From thence it passed on to the top of the p. 187: " It set out from the Forum Boarium, Velia, on which the Arch of Titus now stands the site of which is fixed by the Arch of Seop- and where Tacitus places the Sacellum Larium.' ï~~CHAP. III.] CITY OF ROME, ETC. 13 so also was the greater part of the valley between the Palatine and the Capitoline, the ground afterwards occupied by the Roman forum. But the city of the Palatine Hill grew in process of time, so as to become a city of seven hills. Not the seven famous hills of imperial or The original seven republican Rome, but seven spots more or less elevated, and all his. belonging to three only of the later seven hills, that is, to the Palatine, the Caelian, and the Esquiline. These first seven hills of Rome were known by the names of Palatium, Yelia, Cermalus, Celius, Fagutal, Oppius, and Cispius.2 Of this town the Aventine formed a suburb; and the dyke of the Quirites, ascribed in the story to Ancus Marcius, ran across the valley from the edge of the Aventine to that of the Caelian Hill near the Porta Capena.3 At this time Rome, though already a city on seven hills, was distinct from the Sabine city on the Capitoline, Quirinal, and Viminal Hills. The They did not include all the seven hills of the two cities, although united under one government, had still a sep- later city. arate existence; they were not completely blended into one till that second period in Roman history which we shall soon have to consider, the reigns of the later kings. The territory of the original Rome during its first period, the true Ager Romanus, could be gone round in a single day.4 It did not ex- e Ager Roman tend beyond the Tiber at all, nor probably beyond the Anio; and, The Aom. on the east and south, where it had most room to spread, its limit was between five and six miles from the city. This Ager Romanus was the exclusive property of the Roman people, that is, of the houses; it did not include the lands conquered from the Latins, and given back to them again when the Latins became the plebs or commons of Rome. According to the augurs,5 the Ager Romanus was a peculiar district in a religious sense; auspices could be taken within its bounds, which could be taken nowhere without them. And now what was Rome, and what was the country around it, which have both acquired an interest such as can cease only when earth Scene ry of the neighitself shall perish? The hills of Rome are such as we rarely borhoodofRnome. see in England, low in height, but with steep and rocky sides.' In early times the natural wood still remained in patches amidst the buildings, as at this day It followed nearly the line of the Via Sacra, as far as the eastern end of the Forum Romanum. But Tacitus does not mention it as going on to join the Forum Boarium, because in the earliest times this valley was either a lake or a swamp, and the Pomcerium could not descend below the edge of the Palatine Hill. Nibby, in his work on the walls of Rome, places the Curim Veteres on the Palatine, and the Sacellum Larium between the Arch of Titus and the Forum on the Via Nova. The position of the Curie Veteres is certainly doubtful. Niebuhr himself (Vol. I. p. 283. Note 735. Eng. Tr.) thinks that the Pomoerium can scarcely be carried so far as the foot of the Esquiline; and the authority for identifying the Cur e Veteres with the site of the Baths of-Titus or Trajan is not decisive; for it only appears that Biondo, writing in 1440, calls the. ruins of the Baths " Curia Vecchia," and says that in old legal instruments they were commonly so called. (Beschreibung Romns, Vol. III. part 2, p. 222.) Now considering the general use of the word Curia, and that the name is in the singular number, it by no means follows that Biondo's Curia Vetus must be the Curiae Veteres of Tacitus. 2 For the account of this old Septimontium, see Festus, under the word "Septimontio." Festus adds an eighth name, Suburra. Niebuhr conjectures that the inhabitants of the Pagus Sucusanus (which was the same district as the Suburra, and lay under the Esquiline and Vim inal Hills, near the church of S. Francesco di Paola, where a miserable sort of square is still called Piazza Suburra) may have joined in the festival of the inhabitants of these seven hills or heights, although they were not themselves "Montani" (see Varro de L. L., VI. 24. Ed. Muiller), to show that they belonged to the city of the Palatine, and not to the Sabine city of the Capitoline Hill. For the exact situations of the other seven spots, see Bunsen, description of Rome, Vol. I. p. 141. Velia was the ascent on the northeast side of the Palatine, where the Arch of Titus now stands. Cermalus, or Germalus, was on the northwest side of the Palatine, just above the Velabrum: Fagutal is thought to have been the ground near the Porta Esquilina, between the Arch of Gallienus and the Sette Sale. Oppius and Cispius were also parts of the Esquiline; the former is marked by the present church of S. Maria Maggiore, and the latter lay between that church and the baths of Diocletian. SSee Niebuhr, Vol. I. p. 403. Ed. 2d. and Bunsen. Beschreibung Roms, Vol. 1. p. 620. SSee Strabo, Lib. V. p. 253. Ed. Xyland, and compare Livy, I. 23. " Fossa Cluilia, ab Urbe hand plus quinque millia." And II. 39. Ad Fossas Cluilias V. ab Urbe M. P. castris positis, populatur inde.Agrum Bomanum. a See Varro de L. L., V. 33. Ed. Miller. SThe substance of this description, taken from my journals and recollections of my visit ï~~I4 HISTORY OF ROME. [CHAP. IIL it grows here and there on the green sides of the Monte Testacco. Across the Tiber the ground rises to a greater height than that of the Roman hills, but its summit is a level unbroken line, while the heights, which opposite to Rome itself rise immediately from the river, under the names of Janiculus and Vaticanus, then sweep away to some distance from it, and returned in their highest and boldest form at the Monte Mario, just above the Milvian bridge and the Flaminian road. Thus to the west the view is immediately bounded; but to the north and northeast the eye ranges over the low ground of the Campagna to the nearest line of the Apennines, which closes up, as with a gigantic wall, all the Sabine, Latin, and Volscian lowlands, while over it are still distinctly to be seen the high summits of the central Apennines, covered with snow, even at this day, for more than six months in the year. South and southwest lies the wide plain of the Campagna; its level line succeeded by the equally level line of the sea, which can only be distinguished from it by the brighter light reflected from its waters. Eastward, after ten miles of plain, the view is bounded by the Alban hills, a cluster of high, bold points rising out of the Campagna, like Arran from the sea, on the highest of which, at nearly the same height with the summit of Helvellyn,? stood the Temple of Jupiter Latiaris, the scene of the common worship of all the people of the Latin name. Immediately under this highest point lies the crater-like basin of the Alban lake; and on its nearer rim might be seen the trees of the grove of Ferentia, where the Latins held the great civil assemblies of their nation. Further to the north, on the edge of the Alban hills looking towards Rome, was the town and citadel of Tusculum; and beyond this, a lower summit, crowned with the walls and towers of Labicum, seems to connect the Alban hills with the line of the Apennines just at the spot where the citadel of Preneste, high upon the mountain side, marks the opening into the country of the Hernicans, and into the valleys of the streams that feed the Liris. Returning nearer to Rome, the lowland country of the Campagna is broken Character of the Cam- by long green swelling ridges, the ground rising and falling, as pagna. in the heath country of Surrey and Berkshire. The streams are dull and sluggish, but the hill sides above them constantly break away into little rocky cliffs, where on every ledge the wild fig now strikes out its branches, and tufts of broom are clustering, but which in old times formed the natural strength of the citadels of the numerous cities of Latium. Except in these narrow dells, the present aspect of the country is all bare and desolate, with no trees nor any human habitation. But anciently, in the time of the early kings of Rome, it was full of independent cities, and in its population and the careful cultivation of its little garden-like farms, must have resembled the most flourishing parts of Lombardy or the Netherlands. Such was Rome, and such its neighborhood; such also, as far as we can discover, was the earliest form of its society, and such the legends which fill up the place of its lost history. Even for the second period, on which we are now going to enter, we have no certain history; but a series of stories as beautiful as they are unreal, and a few isolated political institutions, which we cannot confidently connect with their causes or their authors. As before, then, I must first give the stories in their oldest and most genuine form; and then offer, in meagre contrast, all that can be collected or conjectured of the real history. to Rome in 1827, was inserted some time since 7 The height of Monte Cavo is variously given in the History of Rome published by the So- at 2938 or 2965 French feet. See Bunsen, ciety for the Diffusion of Useful Knowledge. Vol. I. p. 40. Helvellyn is reckoned at 8055 I am obliged to mention this, lest I might be English feet, by Col. Mudge; by Mr. Otley, in suspected of having borrowed from another his Guide to the Lakes, it is estimated at work without acknowledgment what was in 8070. fact furnished to that work by myself. ï~~CHAPTER IV. STORIES OF THE LATER KINGS.: Quis novus hie nostris successit sedibus hospes? Quem sese ore ferens, quam forti pectore et armis?" VIRGILn, En. IV. STORY OF L. TARQUINIUS PRISCUS. IN the days of Ancus Marcius there came to Rome from Tarquinii, a city of Etruria, a wealthy Etruscan and his wife.1 The father of this stranger was a Greek,' a citizen of Corinth, who left his native land because it Ofthehirth of Ttarqi-.. ius, and how he came was oppressed by a tyrant, and found a home at Tarquinii. to ome. There he married a noble Etruscan lady, and by her he had two sons. But his son found, that for his father's sake he was still looked upon as a stranger; so he left Tarquinii, and went with his wife Tanaquil to Rome, for there, it was said, strangers were held in more honor. Now as he came near to the gates of Rome, as he was sitting in his chariot with Tanaquil his wife, an eagle came and plucked the cap from his head, and bore it aloft into the air; and then flew down again and placed it upon his head, as it had been before. So Tanaquil was glad at this sight, and she told her husband, for she was skilled in augury, that this was a sign of the favor of the gods, and she bade him be of good cheer, for that he would surely rise to greatness. Now when the stranger came to Rome, they called him Lucius Tarquinius;3 and he was a brave man and wise in council; and his riches won of his favor with king the good word of the multitude; and he became known to the u.king. He served the king well in peace and war, so that Ancus held him in great honor, and when he died he named him by his will to be the guardian of his children. But Tarquinius was in great favor with the people, and when he desired to be king, they resolved to choose him rather than the son of Ancus. sice So he began to reign, and he did great works, both in war and Of his deeds in war peace. He made war on the Latins, and took from them a great spoil.4 Then he made war on the Sabines, and he conquered them in two battles, and took from them the town of Collatia, and gave it to Egerius, his brother's son, who had come with him from Tarquinii. Lastly, there was another war with the Latins, and Tarquinius went round to their cities, and took them one after another; for none dared to go out to meet him in open battle. These were his acts in war. He also did great works in peace;' for he made vast drains to carry off the water from between the Palatine and the Aventine, and from between the Palatine and the Capitoline Hills. And in the space Of his worksin peace between the Palatine and the Aventine, after he had drained it, he formed the Circus, or great race-course, for chariot and for horse races. Then in the space between the Palatine and the Capitoline he made a forum or market-place, and divided out the ground around it for shops or stalls, and made a covered walk round it. Next he set about building a wall of stone to go round the city; and o Livy, I. 34. 3 Cicero, Livy, and Dionysius, in locis eitatis. SLivy, ibid. Dionys. III. 46-48. Cicero de 4 Livy, I. 85-38. Xepublied, II. 19. 5 Livy, I. 38. 35. Dionysius, III. 67, 68. ï~~16 HISTORY OF ROME. [OHAP. IV he laid the foundations of a great temple on the Capitoline Hill, which was to be the temple of the gods of Rome. He also added a hundred new senators to the senate, and doubled the number of the horsemen in the centuries of the Ramnenses, Titienses, and Luceres, for he wanted to strengthen his force of horsemen; and when he had done so, his horse gained him great victories over his enemies. Now he first had it in his mind to make three new centuries of horsemen, and of the famous au r, to call them after his own name. But Attus Navius, who was Atus avius. greatly skilled ins augury, forbade him. Then the king mocked at his art, and said, "Come now, thou augur, tell me by thy auguries, whether the thing which I now have in my mind may be done or not." And Attus Navius asked counsel of the gods by augury, and he answered, "It may." Then the king said, "It was in my mind that thou shouldst cut in two this whetstone with this razor. Take them, and do it, and fulfil thy augury if thou canst." But Attus took the razor and the whetstone, and he cut, and cut the whetstone asunder. So the king obeyed his counsels, and made no new centuries; and in all things afterwards he consulted the gods by augury, and obeyed their bidding. Tarquinius reigned long and prospered greatly; and there was a young man How Trqao brought up in his household, of whose birth some told wonderful Sorviunu Tulliustobehi tales, and said that he was' the son of a god; but others said8 heir, and how he was murdereda by the sns that his mother was a slave, and his father was one of the king's of Ancos. clients. But he served the king well, and was in favor with the people, and the king promised him his daughter in marriage. The young man was called Servius Tullius. But when the sons of king Ancus saw that Servius was so loved by king Tarquinius, they resolved to slay the king, lest he should make this stranger his heir, and so they should lose the crown forever. So they9 set on two shepherds to do the deed, and these went to the king's palace, and pretended to be quarrelling with each other, and both called on the king to do them right. The king sent for them to hear their story; and while he was hearing one of them speak, the other struck him on the head with his hatchet, and then both of them fled. But Tanaquil, the king's wife, pretended that he was not dead, but only stunned by the blow; and she said that he had appointed Servius Tullius to rule in his name, till he should be well again. So Servius went forth in royal state, and judged causes amidst the people, and acted in all things as if he were king, till after a while it was known that the king was dead, and Servius was suffered to reign in his place. Then the sons of Ancus saw that there was no hope left for them; and they fled from Rome, and lived the rest of their days in a foreign land. THE STORY OF SERVIUS TULLIUS. "Long live the Commons' King, King James." LADY OF THE LAKE. Servius Tullius was a just and good king;10 he loved the commons, and he dioew king Servius en vided among them the lands which had been conquered in war, larged the city. and he made many wise and good laws, to maintain the cause of the poor, and to stop the oppression of the rich. He made war with the Etruscans," and conquered them. He added the Quirinal and the Viminal Hills2 to the city, and he brought many new citizens to live on the Esquiline; and there he lived himself amongst them. He also raised a great mound of earth to join the Esquiline and the Quirinal and the Viminal Hills together, and to cover them from the attacks of an enemy. e Livy, I. 86. Dionysius, III. 70, 71. Ci- Livy, I. 40. cero de Divinat. I. 17, Â~ s32. Dionysius, IV. 18-15. 40. 7 Dionysius, IV. 2. Ovid, Fasti, VI. 627. 21 Livy, I. 42. e Cicero de Repub. II. 21. 22 Livy, I. 43. ï~~OHA. IV.] STORIES OF THE LATER KINGS. 17 He built a temple'1 of Diana on the Aventine, where the Latins, and the Sabines, and the Romans, should offer their common sacrifices; and the Romans were the chief in rank amongst all who worshipped at the temple. He made a new order of things for the whole4 people; for he divided the people of the city into four tribes, and the people of the country into Of his good laws and six-and-twenty. Then he divided all the people into classes, accord- idpeople intoclassesa i th ing to the value of their possessions; and the classes he divided centuries. into centuries; and the centuries of the several classes furnished themselves with arms, each according to their rank and order: the centuries of the rich classes had good and full armor, the poorer centuries had but darts and slings. And when he had done all these works, he called all the people together in their centuries, and asked if they would have him for their king; and the people answered that he should be their king. But the nobles hated him, because he was so loved by the commons: for he had made a law that there should be no king after him, but two men chosen by the people to govern them year by year. Some even said that it was in his mind to give up his own kingly power, that so he might see with his own eyes the fruit of all the good laws that he had made, and might behold the people wealthy, and free, and happy. Now king Servius had no son,"5 but he had two daughters; and he gave them in marriage to the two sons of king Tarquinius. These daughters How he married his were of very unlike natures, and so were their husbands: for Aruns ~sofhe k~ tth Tarquinius was of a meek and gentle spirit, but his brother Lucius q"uinis was proud and full of evil; and the younger Tullia, who was the wife of Aruns, was more full of evil than his brother Lucius; and the elder Tullia, who was the wife of Lucius, was as good and gentle as his brother Aruns. So the evil could. not bear the good, but longed to be joined to the evil that was like itself; and. Lucius slew his wife secretly, and the younger Tullia slew her husband, and then they were married to one another, that they might work all the wickedness of their hearts, according to the will of fate. Then Lucius plotted with the nobles,'| who hated the good king; and he joined himself to the sworn brotherhoods of the young nobles, in which How Lucius Tarquin. they bound themselves to stand by each other in their deeds of on lotd dhiam to be violence and oppression. When all was ready, he waited for the murdereod. season of the harvest, when the commons,"7 who loved the king, were in the fields getting in their corn. Then he went suddenly to the forum with a band of armed men, and seated himself on the king's throne before the doors of the senate-house, where he was wont to judge the people. And they ran to the king, and told him that Lucius was sitting on his throne. Upon this the old man'8 went in haste to the forum, and when he saw Lucius he asked him wherefore he had dared to sit on the king's seat. And Lucius answered that it was his father's throne, and that he had more right in it than Servius. Then he seized the old man, and threw him down the steps of the senate-house to the ground; and he went into the senate-house, and called together the senators, as if he were already king. Servius meanwhile arose, and began to make his way home to his house; but when he was come near to the Esquiline Hill, some whom Lucius had sent after him overtook him and slew him, and left him in his blood in the middle of the way. Then the wicked Tullia9 mounted her chariot, and drove into the forum, nothing ashamed to go amidst the multitude of men, and she called How the wicked TulLucius out from the senate-house, and said to him, "Hail to thee, lidrovef~reh ariot > > over her father's dead king Tarquinius!" But Lucius bade her go home; and as she was body. going home, the body of her father was lying in the way. The driver of the chariot stopped short, and showed to Tullia where her father lay in his blood. But is Livy, I. 45. 'Â~ Livy, I. 46. Dionysius, IV. 80. 14 Dionysius, IV. 16--20. Livy, I. 48. Cicero a Dionysius, IV. 88. de Republica, II. 22.!8 Livy, I. 48. SLivy, I. 46. 'o Livy, I. 48. ï~~18 HISTORY OF ROME. [CH" IV she bade him drive on, for the furies of her wickedness were upon her, and the chariot rolled over the body; and she went to her home with her father's blood upon the wheels of her chariot. Thus Lucius Tarquinius and the wicked Tullia reigned in the place of the good king SerVius. THE STORY OF LUCIUS TARQUINIUS THE TYRANT. T6pavvoas-v6yad T KVta rdrrTLa, Kat f3araTc 7vvaLcac, Krethv rÂ~ A pTrovU.--HERODOTUS, III. 80. - Superbos Tarquini fasces.-HORACE, Carm. 1. 12. Lucius Tarquinius gained his power wickedly, and no less wickedly did he exOf king Tarquinius ercise it. He kept a guard2" of armed men about him, and he and his great power. ruled all things at his own will: many were they whom he spoiled of their goods, many were they whom he banished, and many also whom he slew. He despised the senate, and made no new senators in the place of those whom he slew, or who died in the course of nature, wishing that the senators might become fewer and fewer, till there should be none of them left. And he made friends of the chief men among the Latins, and gave his daughter in marriage to Octavius Mamilius of Tusculum; and he became very powerful amongst the Latins, insomuch that when Turnus Herdonius of Aricia had dared to speak against him in the great assembly of the Latins, Tarquinius accused him of plotting his death, and procured false witnesses to confirm his charge; so that the Latins judged him to be guilty, and ordered him to be drowned. After this they were so afraid of Tarquinius, that they made a league with him, and followed him in his wars wherever he chose to lead them. The Hernicans2' also joined this league, and so did Ecetra and Antium, cities of the Volscians. Then Tarquinius made war upon the rest of the Volscians, and he took" Suessa Of his buildings, sand Pometia, in the lowlands of the Volscians, and the tithe of the spoil how he prepared the.rndfor ie tern- as forty talents of silver. So he set himself to raise mighty works ie." in Rome; and he finished what his father had begun; the great drains to drain the low grounds of the city, and the temple on the Capitoline Hill. Now the ground on which he was going to build his temple, was taken up with many holy places of the gods of the Sabines, which had been founded in the days of king Tatius. But Tarquinius consulted the gods by augury whether he might not take away these holy places, to make room for his own new temple. The gods allowed him to take away all the rest, except only the holy places of the god of Youth,"3 and of Terminus the god of boundaries, which they would not suffer him to move. But the augurs said that this was a happy omen, for that it showed how the youth of the city should never pass away, nor its boundaries be moved by the conquests of an enemy. A human head was also found, as they were digging the foundations of the temple, and this too was a sign that the Capitoline Hill should be the head of all the earth. So Tarquinius built a mighty temple, and consecrated it to Jupiter,4 and to Juno, and to Minerva, the greatest of the gods of the Etruscans. At this time there came a strange woman5 to the king, and offered him nine Of the strange w oman books of the prophecies of the Sibyl for a certain price. When the who brought the books of the Sibyl to the king. king refused them, the woman went and burnt three of the books, and came back and offered the six at the same price which she had asked for the nine; but they mocked at her, and would not take the books. Then she went away, and burnt three more, and came back and asked still the same price for the remaining three. At this the king was astonished, and asked of the augurs what he should 2 Livy, I. 49-52. 23 Dionysius, III. 69 He tells the story of the 2 Dionysius, IV. 49. eider Tarquinius, Livy, I. 53, 55, 56. 24 Dionysius, IV 6t 25 Dionysius, t 62. A. dellius, I. 19. ï~~CHAP. V.] HISTORY OF THE LATER KINGS, ETC 19 do. They said that he had done wrong in refusing the gift of the gods, and bade him by all means to buy the books that were left. So he bought them; and the woman who sold them was seen no more from that day forwards. Then the books were put into a chest of stone, and were kept under ground in the Capitol, and two men26 were appointed to keep them, and were called the two men of the sacred books. Now Gabii7 would not submit to Tarquinius, like the other cities of the Latins; so he made war against it; and the war was long, and Tarquinius How Taquii.won knew not how to end it. So his son Sextus Tarquinius pretended ohery of hissonsextua. that his father hated him, and fled to Gabii: and the people of Gabii believed him and trusted him, till at last he betrayed them into his father's power. A treaty was then made with them, and he gave them the right of becoming citizens of Rome,28 and the Romans had the right of becoming citizens of Gabii, and there was a firm league between the two people. Thus Tarquinius was a great and mighty king; but he grievously oppressed the poor, and he took away all the good laws of king Servius, and let How he oppressed hi. people, and made them the rich oppress the poor, as they had done before the days of workikeslav them. Servius. He made the people labor at his great works: he made them build his temple, and dig and construct his drains; he laid such burdens9 on them, that many slew themselves for very misery; for in the days of Tarquinius the tyrant it was happier to die than to live. CHAPTER V. THE HISTORY OF THE LATER KINGS OF ROME, AND OF THE GREATNESS OF THE MONARCHY. 'Etr ldya A)Sev o f3aaoelda xdtio.-THUOYD. II. 97. 'Awroav ouc robs XAovc ore abroi 'Ao9rvatot repi r v 4evipV rvpdviwy &K tf3 sbj's XyV sOvresg -THuOYD. VI. 54. THE stories of the two Tarquinii and of Servius Tullius are so much more disappointing than those of the earlier kings, inasmuch as they seem at Theccounts even or the later kings are not first to wear a more historical character, and as they really contain historicalsl. much that is undoubtedly true; but yet, when examined, they are found not to be history, nor can any one attach what is real in them to any of the real persons by whom it was effected. The great drains or cloacm of Rome exist to this hour, to vouch for their own reality; yet of the Tarquinii, by whom they are said to have been made, nothing is certainly known. So also the constitution of the classes and centuries is as real as Magna Charta or the Bill of Rights; yet its pretended author is scarcely a more historical personage than King Arthur; we do not even know his name or race, whether he were Servius Tullius, or Mastarna,' a Latin or an Etruscan; the son of a slave reared in the palace of the Roman king, or a military adventurer who settled at Rome together with his compamnons in arms, and was received with honor for his valor. Still less can we trust 2 See Livy, III. 10, and VI. 37. Dionysius Etruseanhistories, quoted by the Emperor Claugives "Ten," which was the later number. Gel- dius in his speech upon admitting the Gauls to [ius gives " Fifteen." the Roman franchise. This speech was engraved 2 Livy, I. 53, 54, on a brass plate, and was dug up at Lyons about 2 Dionysius, IV. 58. two centuries since, and is now preserved in that 2- Cassius Hemhina, quoted by Servius, JEM. city, it was printed by Brotier at the end of XII. 603. his edition of Tacitus, and has been also pubThis is the name by which he was called in the lished in the collections of inscriptions. ï~~20 HISTORY OF ROME. [CHAP. V the pretended chronology of the common story. The three last reigns, according to Livy, occupied a space of 107 years; yet the king, who at the end of this period is expelled in mature but not in declining age, is the son of the king who ascends the throne a grown man in the vigor of life at the beginning of it: Servius marries the daughter of Tarquinius, a short time before he is made king, yet immediately after his accession he is the father of two grown-up daughters, whom he marries to the brothers of his own wife: the sons of Ancus Marcius wait patiently eight-and-thirty years, and then murder Tarquinius to obtain a throne which they had seen him so long quietly occupy. Still then we are, in a manner, upon enchanted ground; the unreal and the real are strangely mixed up together; but although some real elements exist, yet the general picture before us is a mere fantasy: single trees and buildings may be copied from nature, but their grouping is ideal, and they are placed in the midst of fairy palaces and fairy beings, whose originals this earth has never witnessed. The reigns of the later Roman kings contain three points which require to be Three points connect_ treated historically. 1st, The foreign dominion and greatness of reignsmust he te the monarchy. 2d, The change introduced in the religion of reinmutb trae historically. Rome. And 3d, The changes effected in the constitution, especially the famous system of the classes and centuries, usually ascribed to Servius Tullius. 1st. The dominion and greatness of the monarchy are attested by two suffiI. The greatness of cient witnesses; the great works completed at this period, and still ratok.o yewa 'j existing; and the famous treaty with Carthage, concluded under of ervius Tuius. the first consuls of the Commonwealth, and preserved to us by Polybius. Under the last kings the city of Rome reached the limits which it retained through the whole period of the Commonwealth, and the most flourishing times of the empire. What are called the walls of Servius Tullius continued to be the walls of Rome for nearly eight hundred years, down to the Emperor Aurelian. They enclosed all those well-known seven hills, whose fame has so utterly eclipsed the seven hills already described of the smaller and more ancient city. They followed'2 the outside edge of the Quirinal, Capitoline, Aventine, and Cwlian Hills, passing directly across the low grounds between the hills, and thus running parallel to the Tiber between the Capitoline and the Aventine, without going3 down to the very banks. From the outer or southern side of the Calian they passed round by the eastern side of the hill to the southern side of the Es'quiline; and here, upon some of the highest ground in Rome, was raised a great rampart or mound of earth with towers on the top of it, stretching across from the southern side of the Esquiline to the northern side of the Quirinal. For the Esquiline and Quirinal Hills, as well as the Viminal, which lies between them, are not isolated like the four others, but are like so many promontories running out parallel to one another from one common base,4 and the rampart passing along See the account of the walls of Servius in Bunsen's Rome, vol. i., p. 628 et seqq., with the accompanying map, plate I. in the volume of plates. 3 It is on this point that the German topographers of Rome differ from Nibby, and from all the common plans of ancient Rome, which make the walls go quite down to the river. Their reasons are, 1st, the description of the departure orthe 300 Fabii, who are made to leave the city by the Porta Carmentalis; but if the walls came close down to the river, they must have re-entered the city again to cross by the Pons Sublicius: and 2d, Varro's statement, that one end of the Circus Maximus abutted upon the city wall; and that the fish-market was just on the outside of the wall. The first argument seems to me valid; the second cannot be insisted on, because the text of Varro in both places is extremely doubtful. See Varro de L. L., V. 146. 153. Ed. Muiiller. 4 The back of a man's hand when slightly bent, and held with the fingers open, presents an exact image of this part of Rome. The fingers represent the Esquiline, Viminal, and Quirinal, and a line drawn across the hand just upon the knuckles would show the rampart of Servius Tullius. The ground on the outside of the rampart falls for some way like the surface of the hand down to the wrist, and the later wall of Aurelian passed over the wrist instead of over the knuckles, at the bottom of the slope instead of the top of it. This comparison was suggested to me merely by a view of the ground. It is a strong presumption in favor of its exactness, that the same resemblance struck Brocchi also. Speaking of the Pincian, Quirinal, Viminal, and Esquiline ï~~CHAP. V.] HISTORY OF THE LATER KINGS, ETC. 21 the highest part of this base formed an artificial boundary, where none was marked out by nature. The circuit of these walls is estimated at about seven Roman miles. The line of the mound or rampart may still be distinctly traced, and the course and extent of the walls can be sufficiently ascertained; but very few remains are left of the actual building. But the masonry with which the bank of the Tiber was built up, a work ascribed to the elder Tarquinius, and resembling the works of the Babylonian kings along the banks of the Euphrates, is still visible. So also are the massy substructions of the Capitoline temple, which were made in order to form a level surface for the building to stand on, upon one of the two summits of the Capitoline Hill. Above all, enough is still to be eleaaxima. seen of the great Cloaca or drain, to assure us that the accounts left us of it are not exaggerated. The foundations of this work were laid about forty feet under ground, its branches were carried under a great part of the city, and brought at last into one grand trunk which ran down into the Tiber exactly to the west of the Palatine Hill. It thus drained the waters of the low grounds on both sides of the Palatine; of the Velabrum, between the Palatine and the Aventine; and of the site of the forum between the Palatine and the Capitoline. The stone employed in the Cloaca is in itself a mark of the great antiquity of the work; it is5 not the peperino of Gabii and the Alban hills, which was the common building stone in the time of the Commonwealth; much less the travertino, or limestone of the neighborhood of Tibur, the material used in the great works of the early emperors; but it is the stone found in Rome itself, a mass of volcanic materials coarsely cemented together, which afterwards was supplanted by the finer quality of the peperino. Such a work as the Cloaca proves the greatness of the power which effected it, as well as the character of its government. It was wrought by taskwork, like the great works of Egypt; and stories were long current cf the misery and degradation which it brought upon the people during its progress. But this taskwork for these vast objects shows a strong and despotic government, which had at its command the whole resources of the people; and such a government could hardly have existed, unless it had been based upon some considerable extent of dominion. What the Cloaca seems to imply, we find conveyed in express terms in the treaty with Carthage.' As this treaty was concluded in the very rea warage. first year of the Commonwealth, the state of things to which itTaythC g. refers must clearly be that of the latest period of the monarchy. It appears then that the whole coast" of Latium was at this time subject to the Roman dominion: Ardea, Antium, Circeii, and Terracina,5 are expressly mentioned as the Hills, he adds; " Pr darns una sensibile imagine non saprei meglio par. narle che alle dita di una mano raffigurando la palma ii mentovato piano a cui tutte si attaccano." Suolo di Roma, p. 84. SIt is the "Tufa litoide" of Brocohi; one of the volcanic formations which is found in many places in Rome. Brocchi is positive that this is the stone employed in the Cloaca; and the masses of it, he adds, taken from the older walls of Servius, are still to be seen in the present walls not far from the Porta S. Lorenzo. Suolo di Roma, p. 112. s Polybius, III. 22. See Niebuhr, vol. I. p. 556, ed. 2d. 7 Niebuhr supposes that the coast eastward of Terracina was also included at this time under the name of Latium, because the treaty speaks of a part of Latium which was not subject to Rome, and because the name of Campania was notyet in existence. But if Polybius as translated his original correctly, the expression idv rcerv pe rwev vbreOoot would rather seem to provide for the case of a Latin city's revolting from Rome and becoming independent, and for an uncertain state of relations between Rome and Latium, such as may well be supposed to have followed the expulsion of.Tarquinius; a state in which the Romans could not know what Latin cities would remain faithful to the new government, and what would take part with the exiled king. On the other hand there is no authority for extending the limits of Latium beyond Terracina. The name Campania, it is true, did not exist so early, but Thucydides calls Cuma a city of Opicia, not of Latium; and the Volscians or Auruncans must have already occupied the country on the Liris, and between that river and Terracina, although their conquests of Terracina itself as well as of Antium took place some years later. For the annals speak of Cora and Pometia revolting to the Aurunci as early as the year 251, which shows that they must at that time have been powerful in the neighborhood of Latium; not to mention the alleged Volscian conquests of the last king Tarquinius in the lowlands even of Latium proper. A fourth name is added in the MSS. of Polybius, 'Apvriviv. The editors have gener ï~~22 HISTORY OF ROME. [CAP. V subject allies (~4xooes) of Rome. Of these, Circeii is said in the common story to have been a Roman colony founded by the last Tarquinius; but we read of it no less than of the others as independent, and making peace or war with Rome, during the Commonwealth down to a much later period. Now it is scarcely conceivable that the Romans could thus have been masters of the whole coast of Latium, without some corresponding dominion in the interior; and we may well believe that Rome was at this time the acknowledged head of the Latin cities, and exercised a power over them more resembling the sovereignty of Athens over her allies than the modern supremacy of Lacedaemon. On the right bank of the Tiber the Romans seem to have possessed nothing on the coast; but the stories of Etruscan conquests which we find in the common accounts of Servius Tullius, are so far justified by better testimony as to make it probable that in the direction of Veii the Roman dominion9 had reached beyond the Tiber, and that the territory thus gained from the Etruscans formed a very considerable part of the whole territory of Rome. It is well known that the number of local tribes established by the later kings was thirty; whereas a few years after the beginning of the Commonwealth we find them reduced to twenty. Now, as even the common account of the war with Porsenna describes the Romans as giving up to the Veientians a portion of territory formerly conquered from them, it becomes a very probable conjecture that the Etruscans, soon after the expulsion of the kings, recovered all the country which the kings had taken from them; and that this was so considerable in extent, that by its loss the actual territory of the Roman people was reduced by one third from what it had been before. It may thus be considered certain that Rome under its last kings was the seat Probable connection of of a great monarchy, extending over the whole of Latium on the Rome with Etruria. one side, and possessing some considerable territory in Etruria on the other. But how this dominion was gained it is vain to inquire. There are accounts which represent all the three last kings of Rome, Servius Tullius no less than the two Tarquins, as of Etruscan origin. Without attempting to make out their history as individuals, it is probable that the later kings were either by birth or long intercourse closely connected with Etruria, inasmuch as at some early period of the Roman history the religion and usages of the Etruscans gave a deep and lasting coloring to those of Rome; and yet it could not have been at the very origin of the Roman people, as the Etruscan language has left no traces of itself in the Latin; whereas if the Romans had been in part of Etruscan origin, their language, no less than their institutions, would have contained some Etruscan ally adopted Ursini's correction, Aavpvrivev: Niebuhr proposes 'Apexcv&v, observing that Aricia was a much more importat place than Laurentum, and that Arician mercuant vessels are mentioned by Dionysius, VII. 6. Yet Laurentum appears as one of the thirty Latin states which concluded the treaty with Sp. Cass:s; and Larentum and Laurentum are but different forms of the same word, as appears in the name of the wife of Faustulus, who is called both Larentia and Laurentia. SMiiller in his very able work on the Etruscans believes rather that the later reigns of the Roman kings represent a period in which an Etruscan dynasty from Tarquinii ruled in Rome, and extended its power far over Latium; so that it was a dominion of Etruscans over Latins rather than the contrary. He considers this dominion to have been interrupted by the reign of Ser. Tullius, or Mastarna, an Etruscan chief from Volsinii, of a party wholly opposed to that of the rrinces or Lucumones of Tarquinii; and then to have been restored and exercised more tyranically than ever, in the time described by the Roman writers as the reign of Tarquiniu9 the tyrant. Finally, the expulsion of the Tar quinii he regards as the decline of the power of the city Tarquinii, and the restoration of the independence of the Latin states, Rome being one of this number, which had been hitherto in subjection to it.-Etrusker, Vol. I. p. 115, et seqq. I need not say that this is contrary to the opinion of Niebuhr, who believes the Tarquinii to have been Latins, and not Etruscans. But I should agree with Miller, in regarding the reigns of the two Tarquinii as a period during which an Etruscan dynasty ruled in Rome, introducing Etruscan rites, arts, and institutions. It is wholly another question whether these princes regarded Rome as their capital or Tarquinii; but the probability is, that they were kings of Rome, and they may very possibly have used the help of their Latin subjects even to make conquests for them in Etruria; just as the Norman kings of England soon found that England was more than Normandy, and Hemnry I. conquered Normandy from his brother, chiefly by the help of English men and money. And yet we retain the marks of the Norman conquest impressed on every part of our institutions down to this very hour. ï~~CHAP. V.] HISTORY OF THE LATER KINGS, ETC. 23 elements. The Etruscan influence, however introduced, produced some effects that were lasting, and others that were only temporary; it affected the religion of Rome down to the very final extinction of Paganism; and the state of the Roman magistrates," their lictors, their ivory chairs, and their triumphal robes, are all said to have been derived from Etruria. A temporary effect of Etruscan influence may perhaps be traced in the overthrow of the free constitution ascribed to Servius Tullius, in the degradation of the Roman commons under the last king, and in the endeavors of the patricians to keep them so degraded during all the first periods of the commonwealth. It is well known that the government in the cities of Etruria was an exclusive aristocracy, and that the commons, if in so wretched a condition they may be called by that honorable name, were like the mass of the people amongst the Sclavonic nations, the mere serfs or slaves of the nobility. This is a marked distinction between the Etruscans, and the Sabine and Latin nations of Italy; and, as in the constitution of Servius Tullius a Latin spirit is discernible, so the tyranny which, whether in the shape of a monarchy or an aristocracy, suspended that constitution for nearly two centuries, tended certainly to make Rome resemble the cities of Etruria, and may possibly be traced originally to that same revolution which expelled the Sabine gods from the capitol, and changed forever the simple religion of the infancy of Rome. II. It is a remarkable story" that towards the end of the sixth century of Rome, the religious books of Numa were accidentally brought to light 1. Changes inreliogio by the discovery of his tomb under the Janiculum. They were intreoaoduced in the time of read by A. Petillius, the Prartor Urbanus, and by him ordered tho laterkings. to be burned in the comitium, because their contents tended to overthrow the religious rites then observed in Rome. We cannot but connect with this story what is told of Tarquinius the elder, how he cleared away the holy places of the Sabine gods from the Capitoline Hill, to make room for his new temple; and the statement which Augustine quotes from Varro," and which is found also in Plutarch, that during the first hundred and seventy years after the foundation of the city, the Romans had no images of their gods. All these accounts represent a change effected in the Roman religion; and the term of 170 years, given by Varro and Plutarch, fixes this change to the reigns of the later kings. It is said" also, that Jupiter, Juno, and Minerva, the three deities to whom the Capitoline temple was dedicated, were the very powers whose worship, according to the Etruscan religion, was essential to every city; there could be no city without three gates duly consecrated, and three temples to these divinities. But here again we gain a glimpse of something real, but cannot make it out distinctly. Images of the gods belong rather to the religion of the Greeks than of the Etruscans; and the Greek mythology, as well as Grecian art, had been familiar in the southern Etruscan cities from a very early period, whether derived from the Tyrrhenians, or borrowed directly from Hellas or the Hellenic colonies. Grecian deities and Greek ceremonies may have been introduced, in part, along with such as were purely Etruscan. But the science of the Haruspices, and especially the attention to signs in the sky, to thunder and lightning, seems to have been conducted according to the Etruscan ritual; perhaps also from the same source came that belief in the punishment of the wicked after death, to which Polybius ascribes so strong a moral influence over the minds of the Romans, even in his own days. And Etruscan rites and ordinances must have been widely prevalent in the Roman commonwealth, when, as some writers asserted, the Roman nobility'4 were taught habitually the Etruscan language, and when " Livy, I. 8. Dionysius, III. 62. Etruse discipline aiunt, apud conditores 11 Livy, XL. 29. Etruscarum urbium non putatas justas orbes, 12 Varro, Fragments, p. 46. Edit. Dordrecht. in quibus non tres porte essent dedicate et 0lutarch, Numa, e. 8. votive, et tot temnipla, Jovis, Junonis, Minervee, 1s Servius, on Virgil, En. I. v. 422. Mira- 14 Livy, IX. 36. Habeo auctores, vulgo turn tur molem Eneas, &c. "Miratur" non sim- (in the middle of the fifth century of Rome), plicitur dictum volunt, quoniam prudentes Romanos pueros sicut nunc Gramcis ita Etruscis ï~~24 IIISTORY OF ROME. [CHuAP. V. the senate' provided by a special decree for the perpetual cultivation of the Etruscan discipline by young men of the highest nobility in Etruria; lest a science so important to the commonwealth should be corrupted by falling into the hands of low and mercenary persons. III. Nothing is more familiar to our ears than the name of the classes and centuries of Servius Tullius; nothing is more difficult, even after ill. Changes in the canotition introduced bythe the immortal labor of Niebuhr, than to answer all the questions ater kings. which naturally arise connected with this part of the Roman history. But first of all, in considering the changes effected in the Roman con stitution during the later period of the monarchy, we find another threefold divi sion of them presenting itself. We have, 1st, the enlargement of the older constitution, on the same principles, in the addition to the number of senators and of the centuries of the knights, commonly ascribed to Tarquinius Priscus. 2nd, we have the establishment of a new constitution on different principles, in the famous classes and centuries of Servius Tullius. And, 3rd, we have the overthrow, to speak generally, of this new constitution, and the return to the older state of things, modified by the great increase of the king's power, in the revolution effected by Tarquinius Superbus, and in his subsequent despotism. I. The old constitution was enlarged upon the same principles, in the increase Te alterations effecte of the number of senators, and of the centuries of the knights. by the elder Tarqanius. It has been already shown that the older constitution was an oligarchy, as far as the clients and commons were concerned; it is no less true, that it was democratical, as far as regarded the relations of the citizens, or members of the houses, to each other. Both these characters, with a slight modification, were preserved in the changes made by Tarquinius Priscus. He doubled," it is said, the actual number of senators, or rather of patrician houses; which involved a corresponding increase in the numbers of the senate; but the houses thus ennobled, to use a modern term, were distinguished from the old ones by the titles of the lesser houses; and their senators did not vote till after the senators of the greater houses. According to the same system the king proposed to double the number of the tribes, that is to divide his newly created houses into three tribes, to stand beside the three tribes of the old houses, the Ramnenses, Titienses, and Luceres. Now as the military divisions of the old commonwealths went along with the civil divisions, the tribes of the commonwealth were the centuries of the army; and if three new tribes were added, it involved also the addition of three new centuries of knights or horsemen; and it is in this form that the proposed change is represented in the common stories. But here it is said that the interest of the old citizens, taking the shape of a religious objection, was strong enough to force the king t. modify his project. No new tribes were created, and consequently no new centuries; ' but the new houses were enrolled in the three old centuries, so as to form a second division in each, and thus to hiteris erudiri solitos. Livy rather x 1eves that a knowledge of the Etruscan language was a peculiar accomplishment of the Fabius who went on the enterprise, namely, that of penetrating through the Ciminian Forest, and exploring Etruria. But the story of this enterprise comes evidently from the Fabian Family Memoirs, and its authenticity is most suspicious. Whereas the statement of the writers whom Livy refers to, is extremely unsuspicious and probable. 15 See the famous passage of Cicero, de Divinatione, 1. 41. Â~ 92. I agree with Miller that the " Principum flii" here spoken of arc Etruscans, and not Romans. The term "Principes" to express the Lucumones of Etruria is common enough: I doubt whether it is ever used to express the Roman patricians, or any class of men in Rome. "Principes civitatis" is used to express the most distinguisned individuals of the commonwealth, not an order; besides, the passage in the treatise de Legibus seems to decide the question, II. 9, Â~ 21, "Etrurieque principes disciplinam docento;" that is, " Let them instruct the government in their discipline, when any occasion arises for consulting them." Valerius Maximus, I. 1, Â~ 2, has I believe borrowed his story from Cicero, and misunderstood hi; meaning. 16 Duplicavit illum pristinum Patrum numerum: et antiques Patres " majorum gentium" appellavit, quos priores sententiam rogabat, a se adscitos, "minorum." Cicero, de Republica, II. 20. 17 Neque tum Tarquinius de equitumn centuriis quicdquam mutavit: numero alterum tantum adjecit.... "Posteriores" mode sub iisdem nominibus qui additi erant appellati sunt. Livy, I. 836. ï~~CHAP. V.] HISTORY OF THE LATER KINGS, ETO. 25 o.mtinue inferior in dignity to the old houses in every relation of the commonwealth. It may be fairly supposed, that these second centuries in the army were also second tribes and second curia in the civil divisions of the state; and that the members of the new houses voted after those of the old ones no less in the great council, the comitia of the curim, than in the smaller councils of the senate. The causes which led to this enlargement of the old constitution may be readily conceived. Whether Tarquinius was a Latin or an Etruscan, all the stories agree in representing him as a foreigner, who gained Theiobject. the throne by his wealth and personal reputation. The mere growth of the Roman state would, in the natural course of things, have multiplied new families, which had risen to wealth, and were in their former country of noble blood; but which were excluded from the curiae, that is, from the rights of citizenship at Rome; the time was come to open to them the doors of the commonwealth; and a foreign king, ambitious of adding to the strength of his kingdom, if it were but for the sake of his own greatness, was not likely to refuse or put off the opportunity. Beyond this we are involved in endless disputes and difficulties; who the Luceres were, and whether Tarquinius had any particular reasons for raising them to a level with the old tribes, we never can determine. That there were only four vestal virgins before,18 and that Tarquinius made them six, would certainly seem to show, that a third part of the state had hitherto been below the other two-thirds, at least in matters of religion; for it was always acknowledged that the six vestal virgins represented the three tribes of the Ramnenses, Titienses, and Luceres, two for each tribe. But in the additions made to the senate and to the centuries, the new citizens must have been more than a third of the old ones; and indeed here the story supposes that in military matters, at any rate, the Luceres were already on an equality with the Ramnenses and Titienses. It is enough, therefore, to say, that there had arisen at Rome so great a number of distinguished families, of whatever origin, or from whatever causes, that an extension of the rights of citizenship became natural and almost necessary: but as these were still only a small part of the whole population, the change went no further than to admit them into the aristocracy; leaving the character and privileges of the aristocracy itself, with regard to the mass of the population, precisely the same as they had been before. II. But a far greater change was effected soon afterwards; no less than the establishment of a new constitution, on totally different principles, constitution of Servius This constitution is no doubt historical, however uncertain may mTullin.. be the accounts which relate to its reputed author. "The good king Servius and his just laws," were the objects of the same fond regret amongst the Roman commons, when suffering under the tyranny of the aristocracy, as the laws of the good king Edward the Confessor amongst the English after the Norman conquest; and imagination magnified, perhaps, the merit of the one no less than of the other: yet the constitution of Servius was a great work, and well deserves to be examined and explained. Servius, like Tarquinius, is represented as a foreigner, and is said also, like him, to have ascended the throne to the exclusion of the sons of the late king. According to the account which Livy followed, he object in fo 'ingit. was acknowledged" by the senate, but not by the people; and this, which 18 See Dionysius, III. 67; and compare Livy, Populum de se ipse consuluit, jussusque regX. 6. nare, legem de imperio suo curiatam tulit." Da "9 Primus injussu Populi, voluntate Patrum Republica, II. 21. If indeed there existed a regnavit. Livy, I. 41. Dionysius, confusing genuine "Lex Regia curiata de imperio" of as usual the curim and the commons, and sup- the reign of Servius Tullius, then it must belong posing that the most aristocratical body in the to a later period of his reign, when having esstate must needs be the senate, represents him tablished his power by means of his new conas chosen by the people in their curia, but not stitution, the curim would have had no choice, confirmed by the senate. Cicero says, "Non but to acknowledge him; and this according to commisit se Patribus, sed, Tarquinio sepulto, Livy's narrative was the case; for he says that ï~~26 HISTORY OF ROME. seemed contradictory so long as the people, populus, and the commons, plebs, were confounded together, is in itself consistent and probable, when it is understood that the people, who would not acknowledge Servius, were the houses assembled in their great council of the curiae, and that these were likely to be far less manageable by the king whom they disliked, than the smaller council of their representatives assembled in the senate. Now supposing that the king, whoever he may have been, was unwelcome to what was then the people, that is, to the only body of men who enjoyed civil rights; it was absolutely necessary for him, unless he would maintain his power as a mere tyrant, through the help of a foreign paid guard, to create a new and different people out of the large mass of inhabitants of Rome who had no political existence, but who were free, and in many instances wealthy and of noble origin; who therefore, although now without rights, were in every respect well fitted to receive them. The principle of an aristocracy is equality within its own body, ascendency He establishes thirty over all the rest of the community. Opposed to this is the tribes for the commons. system, which, rejecting these extremes of equality and inequality, subjects no part of the community to another, but gives a portion of power to all; not an equal portion, however, but one graduated according to a certain standard, which standard has generally been property. Accordingly, this system has both to do away with distinctions, and to create them; to do away, as it has generally happened, with distinctions of birth, and to create distinctions of property. Thus at Rome, in the first instance, the tribes or divisions of the people took a different form. The old three tribes of Ramnenses, Titienses, and Luceres, had been divisions of birth, real or supposed: each was made up of the houses of the curiae, and no man could belong to the tribe without first belonging to a curia, and to a house; nor could any stranger become a member of a house except by the rite of adoption, by which he was made as one of the same race, and therefore a lawful worshipper of the same gods. Each of these tribes had its portion of the Ager Romanus, the old territory of Rome. But now as many others had become Romans in the course of time, without belonging to either of these three tribes, that is, had come to live under the Roman kings, many in Rome itself, and had received grants of land from the kings beyond the limits of the old Ager Romanus, a new division was made including all these; and the whole city and territorytt of Rome, except the Capitol, were divided into thirty after the institution of the Comitia Centuriata, Servius " ausus est ferre ad populum, ' vellent juberentne se regnare? tantoque consensu quanto hand quisquam alius ante, rex est declaratus," I. 46. On the other hand Livy, or the annalist whom he followed, may have acdecd the circumstance " voluntate Patrum regnavit," because he could not conceive how Servius could have reigned without the consent of either senate or curie. But if we adopt the Etruscan story, and suppose that the king whom the Romans called Servius Tullius had gained his power in the first instance as the leader of an army, which after various adventures in Etruria had been driven out from thence, and had taken possession of the Cnlian Hill in Rome, it is very conceivable that he may have reigned at first independently of the consent of any part of the old Roman people, whether Senate or burghers; and that he may only have asked for that consent after his creation of a new Roman people, formed perhaps in part out of his own soldiers, when he would wish to reign according to all the old legal forms, and to be no longer king by the choice of a part of his subjects only, but with the approbation of all. o20 Every reader who is acquainted with the subject knows the difficulties which beset the whole question respecting the original number of the tribes. On the whole I agree with Niebuhr in preferring the statement of Fabius, preserved by Dionysius, IV. 15, that the country tribes in the Servian constitution were six and twenty. But the great difficulty relates to three points; the Capitol, the Aventine, and the Ager Romanus. The four city tribes or regions, for tribe as a local division is synonymous with region, included neither the Capitol, nor the Aventine. This we know from that curious account preserved by Varro of the situation of the twenty-four Argean chapels in these regions; a passage which has been considered and corrected both by Miller and Bunsen, and may be now read in an intelligible form either in Miller's edition of Varro, I. Â~ 45-54; or in Bunsen's and Platner's Beschreibung Roms, Vol. I. pp. 688-702. But there is this farther perplexity, that the chapels of the Argei are said by Varro to have been distributed through twenty-seven parts of the city; and yet the wooden figures called Argei, which were every year thrown by the Pontifices into the Tiber, ale by Varro himself, according to the MSS. said to have been twenty-four, and by Dionysius thirty. [Antiqq. Rom. I. 38.] Bunsen adopts this latter number, and supposes that the three celle of the Capitoline Temple, and the three of the old Capitol on the Quirinal, were ine"ded in the reckoning, ï~~COAr. V.] HISTORY OF THE LATER KINGS, ETC. 27 tribes, four for the city, and twenty-six for the country, containing all the Romans who were not members of the houses, and classing them according to the local situation of their property. These thirty tribes corresponded to the thirty curie of the houses; for the houses were used to assemble, not in a threefold division, according to their tribes, but divided into thirty, according to their curire: and the commons were to meet and settle all their own affairs in the assembly of their tribes, as the houses met and settled theirs in the assembly of their curiae. Thus then were two bodies existing alongside of each other, analogous to the house of lords and the house of commons of our own ancient The centuries, a milita constitution, two estates distinct from and independent of eachdiot incuae both other, but with no means as yet provided for converting them commons. into states-general or a parliament. Nor could they have acted together as jointly legislating for the whole nation; for the curia still regarded themselves as forming exclusively the Roman people, and would not allow the commons, as such, to claim any part in the highest acts of national sovereignty. There was one relation, however, in which the people and the commons felt that they belonged to one common country, in which they were accustomed to act together, and in which therefore it was practicable to unite them into one great body. This was when they marched out to war against a foreign enemy; then, arrayed in the same army, and fighting under the same standard, in the same cause, the houses and the commons, if not equally citizens of Rome, felt that they were alike Romans. It has ever been the case, that the distinctions of peace' vanish amidst the dangers of war; arms and courage, and brotherhood in perils, confer of necessity power and dignity. Thus we hear of armies" on their return home from war stopping before they entered the city walls to try, in their military character, all offences or cases of misconduct which had occurred since they had taken the field: whereas when once they had entered the walls, civil relations were resumed, and all trials were conducted according to other forms, and before other judges. This will explain the peculiar constitution of the comitia of centuries, which was a device for uniting the people and the commons into a national and sovereign assembly in their capacity of soldiers, without shocking those prejudices which as yet placed a barrier between them as soon as they returned to the relations of peace. But in order to do this with effect, and to secure in this great assembly a This appears to me unsatisfactory, but I can offer nothing better. However, the exclusion of the Capitol from the four city tribes is consistent enough; for the Capitol as the citadel of Rome, and the seat of the three protecting gods of the city, was reserved exclusively for the patricians, or old citizens, and no plebeian might dwell on it: whereas in the other parts of the city both orders dwelt promiscuously, till the famous Icili an law appropriated the Aventine to the plebeians alone, as the Capitol was appropriated to the patricians. It will be remembered that the Eupatridn at Athens were distinguished in the old state of things by the title of car' di'rv oioeres, and the orv in the earliest times would be the Acropolis of a later age. With regard to the Aventine, it must I conceive have been included in one of the country tribes; nor is this to be wondered at, as the Aventine was still considered properly as a suburb, although it was included within the walls. It is not to be supposed that the whole of the land in the country tribes was the property of the plebeians; much of it undoubtedly remained as domain land, and as such became "possessed," in the Roman sense of the term, by the patricians; as appears in the account of the state of the Aventine Hill, before the passing of the Lex-Icilia. But as such pos session or occupation was not property, the patricians might possess land in a tribe without becoming members of it. But if the Ager Romanus had formed a tribe, then we might be led to suppose that the patricians must have been members of this tribe, and so the tribes would cease to be an exclusively plebeian body, which Niebuhr, rightly, as I think, supposes them to have been in the outset. It is possible, however, that the whole territory, not excepting even the Ager Romanus, might locally have been included within the tribes, inasmuch as no district would be wholly without plebeian lands; and yet the patricians themselves, as belonging to a different political body, might have had nothing to do with the tribe politically: just as the estates of our peers are geographically included within some county, and yet no peer may be elected as knight of the shire, nor even vote at any election. 1 "For he to-day who sheds his blood with me Shall be my brother; be he ne'er so vile, This day shall gentle his condition." HENRY V. 22 This was the case at Argos. rbv Opdlv\o avaxwpdeavrei v rg Xapdp orep rasi ar orpa. reatds a rpty ad a xpivoeeo, pfa ro sv Thucyd. V. 60. ï~~28 HISTORY OF ROME. [camr. V Change in the organi a. preponderance to the commons, a change in the military organition of the army. zation and tactic of the army became indispensable. In all aristocracies in an early stage of society, the ruling order or class has fought on horseback3 or in chariots; their subjects or dependents have fought on foot. The cavalry service under these circumstances has been cultivated, that of the infantry neglected; the mounted noble has been well armed and carefully trained in warlike exercises, whilst his followers on foot have been ill armed and ill disciplined, and quite incapable of acting with equal effect. The first great step then towards raising the importance of the infantry, or, in other words, of the commons of the state, was to train them to resist cavalry, to form them into thick masses instead of a thin extended line, to arm them with the pike instead of the sword or the javelin. Thus the phalanx order of battle was one of the earliest improvements in the art of war; and at the time we are now speaking of, this order was in general use in Greece, and must have been well known, if only through the Greek colonies, in Italy also.24 Its introduction into the Roman army would be sure to make the infantry from henceforward more important than the cavalry; that is, it would enable the commons to assert a greater right in Rome than would be claimed by the houses, inasmuch as they could render better service. Again, the phalanx order of battle furnished a ready means for giving importance to a great number of the less wealthy commons, who could not supply themselves with complete armor; while, on the other hand, it suggested a natural distinction between them and their richer fellows, and thus established property as the standard of political power, the only one which can in the outset compete effectually with the more aristocratical standard of birth; although in a later stage of society it becomes itself aristocratical, unless it be duly tempered by the mixture of a third standard, education and intelligence. In a deep phalanx, the foremost ranks needed to be completely armed, but those in the rear could neither reach or be reached by the enemy, and only served to add weight to the charge of the whole body. These points being remembered, we may now proceed to the details of the great comitia of Servius. He found the houses, that is to say, the nobility or citizens of Rome, for I canDetails of the institution not too often remind the reader that in this early period of Roman of the entrag e. The a history these three terms were synonymous, divided into three cencenturies of knightsa turies of knights or horsemen, each of which, in consequence of the accession to its numbers made by the last king, contained within itself two centuries, a first and a second. The old citizens, anxious in all things to keep up the old form of the state, had then prevented what were really six centuries from being acknowledged as such in name; but the present change extended to the name as well as the reality; and the three double centuries of the Ramnenses, Titienses, and Luceres, became now5 the six votes (sex suffragia) of the new united assembly. To these, which contained all the members of the houses, there were now added twelve new centuries25 of knights, formed, as usual in the Greek states, from the richest members of the community, continuing, like the centuries below them, to belong to the thirty tribes of the commons. It remained to organize the foot soldiers of the state. Accordingly, all those The ceturies of infantry. of the commons whose property was sufficient to qualify them The ie clase.a. for serving even in the hindmost ranks of the phalanx, were 23 Homer's battles are a sufficient example of rotsa pxatota obx rinpxov, Str' v i rosrsitie this: it explains also the name of trar applied to evat rV taxOiv. the three hundred Spartans of the king's guard, 24 Again, if Ser. Tullius was an Etruscan, he and retained long after the reality had ceased, would have introduced the tactic of his own and the guard no longer consisted of cavalry country, in arming the Roman infantry with or chariots, but of infantry. See Thucydides, the long spear and shield: for these were the V. 72. See also Aristotle, Politics, IV. 13., weapons used by the Etruscans as well as by p if apxs (,rotrsta lyvro) -e rwv trrhov. rv the Greeks. See Diodorus Siculus, XXIII. 1, y p' ieXv inal rnvv rfepoxy Tv roL Lrrutv b rAe- Fragim. Mai. Mos dexv ivAv pt v yap avvrdfa fsw X parov -r bm<- 23 Festus in Sex Suffragia. ruixd, at' rspi rv roto6rov irnplat Kcal rd fst 1v 26 Livy, I. 43. Cicero de Rep; bl. II. 22. ï~~CHAP. V.] HISTORY OF THE LATER KINGS, ETC. 29 divided"7 into four classes. Of these, the first class contained all whose property amounted to or exceeded one hundred thousand pounds weight of copper. The soldiers of this class were required to provide themselves with the complete arms used in the front ranks of the phalanx; the greaves, the coat of mail, the helmet and the round shield, all of brass; the sword, and the peculiar weapon of the heavy-armed infantry, the long pike. And as these were to bear the brunt of every battle, and were the flower of the state's soldiers, so their weight in the great military assembly was to be in proportion; they formed eighty centuries; forty of younger men, between the ages of fifteen and forty-five years8 complete; and forty of elders, between forty-five and sixty: the first to serve in the field, the second to defend the city. The second class contained those whose property fell short of one hundred thousand pounds of copper, and exceeded or amounted to seventy-five thousand. They formed twenty centuries, ten of younger men, and ten of elders; and they were allowed to dispense with the coat of mail, and to bear the large oblong wooden shield called scutum, instead of the round brazen shield, clipeus, of the first ranks of the phalanx. The third class contained a like number of centuries, equally divided into those of the younger men and elders; its qualification was property between fifty thousand pounds of copper, and seventy-five thousand; and the soldiers of this class were allowed to lay aside the greaves as' well as the coat of mail. The fourth class, again, contained twenty centuries; the lowest point of its qualification was twenty-five thousand pounds of copper, and its soldiers were required to provide no defensive armor, but to go to battle merely with the pike and a javelin. These four classes composed the phalanx; but a fifth class, divided into thirty centuries, and consisting of those whose property was between twenty-five thousand pounds of copper, and twelve thousand five hundred, formed the regular light-armed infantry of the army, and were required to provide themselves with darts and slings. The poorest citizens,29 whose property fell short of twelve thousand five hundred pounds, were considered, in a manner, as supernumeraries in this The Accensi and Velati, division. Those who had more than one thousand five hundred and the Proletarii. pounds of copper, were still reckoned amongst the tax-payers, Assidui, and were formed into two centuries, called the Accensi and Velati. They followed the army, but without bearing arms, being only required to step into the places of those who fell; and, in the mean time, acting as orderlies to the centurions and decurions. Below these came one century of the Proletarii, whose property was between one thousand five hundred pounds and three hundred and seventy-five. These paid no taxes, and in ordinary times had no military duty; but on great emergencies arms were furnished them by the government, and they were called out as an extraordinary levy. One century more included all whose property was less than three hundred and seventy-five pounds, and who were called Capite Censi; and from these last no military service was at any time required, as we are told, till a late period of the republic. Three centuries of a different character from all the rest remain to be described, centuries defined, not by the amount of their property, but by The Fabri, cornicines, the nature of their occupation; those of carpenters and smiths, and Tubicines. Fabrorum; of htorn-blowers, Cornicines; and of trumpeters, Tubicines, or, as Cicero calls them, Liticines. The first of these was attached to the centuries of the first class, the other two to the fourth. The nature of their callings so connected them with the service of the army, that this peculiar distinction was granted to them. The position held in the comitia by the patricians' clients is involved in great ' See, for all this account of the census, Livy, buhr's quotations, if, indeed, any could suspect I. 43, and Dionysius, IV. 16-19. it; and having been fully satisfied with his 2 See Niebuhr, vol. I. p. 459. Ed. 2. results, I have thought it best to refer to his 29 See Niebuhr, p. 465, and the authorities work, rather than to the original writers, as the.ere quoted. I have gone over the ground combined view of the several facts belongs to myself, and have verified the accuracy of Nie- him, and not to them. ï~~30 HISTORY OF ROME. [CHAP. V obscurity. We know that they had votes, and probably they must have been enrolled in the classes according to the amount of their property, without reference to its nature: at the same time, Niebuhr thinks that they did not serve in the regular infantry along with the plebeians. It would seem from the story of the three hundred Fabii, and from the adventures related of Caius Marcius,3Â~ that the clients followed their lords to the field at their bidding, and formed a sort of feudal force quite distinct from the national army of the commons, like the retainers of the nobles in the middle ages, as distinguished from the free burghers of the cities. Such is the account transmitted to us of the constitution of the comitia of centuries. As their whole organization was military, so they were accustomed to meet31 without the city, in the Field of Mars; they were called together, not by lictors, like the comitia of the curire, but by the blast of the horn; and their very name was, "the Army of the City," "Exercitus Urbanus.""2 It is quite plain that this constitution tended to give the chief power in the state The ctitutin..to the body of the commons, and especially to the richer class on destroyed, and among them, who fought in the first ranks of the phalanx. For.ver entirelyrestored, wherever there is a well-armed and well-disciplined infantry, it constitutes the main force of an army; and it is a true observation of Aristotle," that in the ancient commonwealth the chief power was apt to be.possessed by that class of the people whose military services were most important; thus, when the navy of Athens became its great support and strength, the government became democratical; because the ships were chiefly manned by citizens of the poorer classes. But we know that for a very long period after the time of Servius, the commons at Rome, far from being the dominant part of the nation, were excluded from the highest offices in the state, and were grievously oppressed, both individually and as a body. Nay, further, whenever we find any details given of the proceedings of the comitia, or of the construction of the army, we perceive a state of things very different from that prescribed by the constitution of Servius. Hence have arisen the difficulties connected with it; for, as it was never fully carried into effect, but overthrown within a very few years after its formation, and only gradually and in part restored; as thus the constitution with which the oldest annalists, and even the law-books which they copied, were familiar, was not the original constitution of Servius, but one bearing its name, while in reality it greatly differed from it; there is a constant confusion between the two, and what is ascribed to the one may often be true only when understood of the other. Other good and popular institutions were ascribed to the reign of Servius. As he had made the commons an order in the state, so he gave Servius appoints jo,u.o bd alcii for the common 0 of them judges out of their own body to try all civil34 causes; their own order. whereas before they had no jurisdiction, but referred all their suits either to the king or to the houses. These judges were, as Niebuhr thinks, the centumviri, the hundred men, of a later period, elected three from each tribe, so that in the time of Servius their number would probably have been ninety. To give a further organization to the commons, he is said also to have instituted Toe feastivols of the Pa- the festivals called Paganalia and Compitalia. In the tribes in the ganagla and Compitalia. country, many strongholds on high ground, pagi,35 had been fixed 3o Dionysius, VII. 19, 20. clans as formerly, rpi ra, fl3aa IV. 43. The a0 A. Gellius, XV. 27, quoted from Lalius Ephori, in like manner, at Sparta were judges in Felix. rds rwv avppoAaiwv ircag. Aristot. Polit. III 1. 5 Varro, de L. L., VI. 93. Ed. Bekker. " Politics, V. 4. VI. 7 Ed. Bekker. 3 It does not appear from Dionysius' account 30 Dionysius calls these causes halwrsed, as whether there were one or more pagi in every opposed to ra ds r oeKoLr Â~ipora, IV. 25; but tribe. It would be most natural to suppose afterwards he expresses himself more freely, that there was but one, as otherwise the numwhen he calls these laws, laws which hindered hers of the people would have been taken the comrn ons from being wronged by the patri- according to a different division than that into ï~~CHAP. V.] HISTORY OF THE LATER KINGS, ETO. 31 upon as a general refuge for the inhabitants and their cattle in case of invasion. Here they all met once a year, to keep festival, and every man, woman, and child paid on these occasions a certain sum, which, being collected by the priests, gave the amount of the whole population. And for the same purpose,6 every one living in the city paid a certain sum at the temple of Juno Lucina for every birth in his family, another sum at the temple of Venus Libitina for every death, and a third at the temple of Youth for every son who came to the age of military service. The Compitalia37 in the city answered to the Paganalia in the country, and were a yearly festival in honor of the Lares or guardian spirits, celebrated at all the compita, or places where several streets met. Other laws and measures are ascribed to Servius, which seem to be the fond invention of a later period, when the commons, suffering under a Other laws ascribed to cruel and unjust system, and wishing its overthrow, gladly be- Sarvius. lieved that the deliverance which they longed for had been once given them by their good king, and that they were only reclaiming old rights, not demanding new ones. Servius, it is said,38 drove out the patricians from their unjust occupation of the public land, and ordered that the property only, and not the person, of a debtor should be liable for the payment of his debt. Further, to complete the notion of a patriot king, it was said that he had drawn out a scheme of popular government, by which two magistrates, chosen every year, were to exercise the supreme power, and that he himself proposed to lay down his kingly rule to make way for them. It can hardly be doubted that these two magistrates were intended to be chosen the one from the houses and the other from the commons, to be the representatives of their respective orders. III. But the following tyranny swept away the institutions of Servius, and much more prevented the growth of that society, for which alone his in. The constitution of Servius succeeded by stitutions were fitted. No man can tell how much of the story of a tyracy. the murder of the old king and of the impiety of the wicked Tullia is historical; but it is certain that the houses, or rather a strong faction among them, supported Tarquinius in his usurpation: nor can we doubt the statement that the aristocratical brotherhoods or societies served him more zealously than the legal assembly of the curiae; because these societies are ever to be met with in the history of the ancient commonwealths, as pledged to one another for the interests of their order, and ready to support those interests by any crime. Like Sylla, in after times, he crushed the liberties of the commons, doing away with the laws39 of tribes; which does not seem probable. The pagus was in a manner the town of the tribe, or rather would have become so, had this state of things continued. Dionysius connects pagus with the Greek,rdyon, which is likely enough; although afterwards the word merely signified a district or canton, whether in a plain country, or in ahilly. Nor do Varro's words (L. L. V. p. 49. Edit. Dordr. 1619), "Feriae non populi sed montanorum modo, ut Paganalibus, qui sunt alicujus pagi," imply that the Pagani were montani: for the whole passage,when rightly stopped, and as Miller has now printed it, runs thus:"Dies Septimontium, nominatus ab his septem montibus in queis sita urbs est, ferim non populi sed montanorum modo: ut Paganalibus, qui sunt aliuenjus pagi." " Montani" refers to the inhabitants of the seven hills (the seven hills of old Rome, existing before the time of Servius); and Varro says that the Septimontium was a festival kept not by the whole people, but by the inhabitants of those hills only; just as, at the Paganalia, the inhabitants of the pagus alone shared in the festival. See Festus, in Septimontio, " Septimontio ut alt Antistius Laoeo, hisce montibus Feriae," &c. " Dionysius, IV. 15. s Dionysins, IV. 14. What Dionysius here calls the Compitalia, and which he says were kept a few days after the Saturnalia, are not marked in the calendars, because, though the seasons at which they fell was fixed, the day was not so: they were amongst the "conceptive Feriae," or festivals announced every year by the magistrates, of which the precise day in some instances varied. (Macrobius, Saturnal. I. 16.) They must not be confounded with the festival of the Lares Prnstites on the first of May. The Lares were the spirits of the dead, aailovec, who watched over their living posterity; thence Dionysius calls them iipwes, because the heroes were deified men, like Ilesiod's aibovsec, whom he calls Aaees vrrv &dOpcr. The name of Lares is Etruscan, Lar is prince or mighty one. Yet as spirits, and belonging to the invisible world, they were called also the children of Mania (Macrobius, Saturnal. I. 7), a horrible goddess, whose name was given to frightful masks, the terror of children. Mania is clearly connected with the Dii Manes, who were also the spirits of a man's departed ancestors. Dionysius, IV. 9. SDionysius. IV. 48. ï~~32 HISTORY OF ROME. [CHAP. VL Servius, and, as we are told, destroying the tables on which they were written; abolishing the whole system of the census, and consequently the arrangement of the classes, and with them the organization of the phalanx; and forbidding even the religious meetings of the Paganalia and Compitalia, in order to undo all that had been done to give the commons strength and union. Further, it is expressly said,4Â~ that he formed his military force out of a small portion of the people, and employed the great bulk of them in servile works, in the building of the Circus and the Capitoline Temple, and the completion of the great drain or cloaca; so that in his wars his army consisted of his allies, the Latins and Hernicans, in a much greater proportion than of Romans. His enmity to the commons was all in the spirit of Sylla; and the members of the aristocratical societies, who were his ready tools in' every act of confiscation, or legal murder, or mere assassination, were faithfully represented by the agents of Sylla's proscription, by L. Catilina and his patrician associates. But in what followed, Tarquinius showed himself, like Critias or Appius Claudius, a mere vulgar tyrant, who preferred himself to his order, when the two came into competition, and far inferior to Sylla, the most sincere of aristocrats, who, having secured the ascendancy of his order, was content to resign his own personal power, who was followed therefore by the noblest as well as. by the vilest of his countrymen, by Pompeius and Catulus no less than by Catilina. Thus Tarquinius became hated by all that was good and noble amongst the houses, as well as by the commons; and both orders cordially joined to effect his overthrow. But the evil of his tyranny survived him; it was not so easy to restore what he had destroyed as to expel him and his family: the commons no longer stood beside the patricians as an equal order, free, wealthy, well armed, and well organized; they were now poor, ill armed, and with no bonds of union; they therefore naturally sunk beneath the power of the nobility, and the revolution which drove out the Tarquins established at Rome not a free commonwealth, but an exclusive and tyrannical aristocracy. CHAPTER VI, MISCELLANEOUS NOTICES OF THE STATE OF THE ROMANS UNDER THEIR KINGS. "Ad nos vix tenuis fame perlabitur aura." VmnarIL, En. VII. THE last chapter was long, yet the view which can be derived from it is imperfect. Questions must suggest themselves, as I said before, to which it contains no answers. Yet it seemed better to draw the attention first to one main point, and to state that point as fully as possible, reserving to another place much that was needed to complete the picture. For instance, the account of the classes of Servius leads naturally to questions as to the wealth of the Romans, its sources, its distribution, and its amount: the division of the people into centuries excites a curiosity as to their numbers: the mention of the change of the Roman worship, and the introduction of Etruscan rites, dispose us to ask, how these rites affected the moral character of the people; what that character was, and from whence derived. Again, when we read of the great works of the later kings, we think what advance or what style of the arts was displayed in them; and the laws of king Servius written on tables, with the poetical and uncertain nature of the story of his reign, make us consider what was the state of the human mind, and what 4 Dionysius, IV. 44. ï~~CHAP. VI.] MISCELLANEOUS NOTICES, ETC. 33 use had as yet been made of the great invention of letters. It is to these points, so far as I am able, that the following chapter will be devoted. I. Niebuhr has almost exhausted the subject of the Roman copper money. He has' shown its originally low value, owing to the great abundance Of the wealth of the of the metal; that as it afterwards became scarce, a reduction in R Thinundr op> > ter kin; s. Their copthe weight of the coin followed naturally, not as a fraudulent de- per money. preciation of it, but because a small portion of it was now as valuable as a large mass had been before. The plenty of copper in early times is owing to this, that where it is found, it exists often in immense quantities, and even in large masses of pure nietal on the surface of the soil. Thus the Copper Indians of North America found it in such abundance on their hills that they used it for all domestic purposes; but the supply thus easily obtained soon became exhausted: and as the Indians have no knowledge of mining, the metal is now comparatively scarce. The small value of copper at Rome is shown not only by the size of the coins, the as having been at first a full pound in weight, but also by the price of the warhorse, according to the regulation of Servius Tullius, namely, ten thousand' pounds of copper. This statement, connected as it is with the other details of the census, seems original and authentic; nor considering the great abundance of cattle, and other circumstances, is it inconsistent with the account in Plutarch's life of Publicola, that an ox, in the beginning of the commonwealth, was worth one hundred oboli, and a sheep worth ten; nor with the provisions of the Aternian law, which fixed the price of the one at one hundred ases and the other at ten. The sources of wealth amongst the Romans, under their later kings, were agriculture, and also, in a large proportion, foreign commerce. Agri- Their principal sourculture, indeed, strictly speaking, could scarcely be called a source Ces ofwat. of wealth; for the portions of land assigned to each man, even if from the beginning they were as much as seven jugera, were not large enough to allow of the growth of much superfluous produce. The ager publicus, or undivided public land, was indeed of considerable extent, and this, as being enjoyed exclusively by the patricians, might have been a source of great profit. But in the earliest times it seems probable that the greatest part of this land was kept as pasture; and only the small portions of two jugera, allotted by the houses to their clients, to be held during pleasure, were appropriated to tillage. The low prices of sheep and oxen show that cattle must have been abundant; the earliest revenue, according to Pliny, was derived from pasture; that is, the patricians paid so much to the state SVol. I. p. 474, et seq. Ed. 2. See also Mdiller, Etrusker, I. 4. Â~ 13. 2 Ad equos emendos dena millia uris ex publico data." Livy, I. 43. It has been doubted whether this sum be meant as the price of one horse or two: Niebuhr supposes that it includes the purchase of a slave to act as groom, and also of a horse for him. And this seems confirmed in some degree by Festus, who says that the Romans used two horses in battle, to have a fresh one to nount when the first one was tired; and that the money given to furnish these two horses was called Pararium. Festus in " Pararium," and "Paribus equis." Yet I find in Von Ranmer's account of the prices of Things in the middle ages (Geschichte der Hohenstaufen, V. p. 436, et seqq.), that in the year 1097, at the siege of Antioch, an ox was sold cheap at five shillings; and in 1225, at Verona, the average price of a horse was twenty-five pounds. This is reckoning by the Italian lira or pound, divided into twenty solidi or shillings; but the value of both the pound and the shilling differed so much in different times and places, that the comparison cannot be depended on without fiurther examination. We should like to know from what Greek writer Plutarch borrowed his statement of the price of an ox in the time of Pub3 licola. Was it from Timnus, from whom Pliny learnt that Servius Tullius was the first person who stamped money at Rome? And if so, at what did he reckon the as? Polybius reckoned the light as of his time at half an obolus, wb.ch would make the denarius, as it was already equivalent to sixteen ases, equal to eight obolh, or a drachm, and one-third. (II. 15.) By a comparison with the Aternian law, one would suppose that the obolus was meant to be equivalent to the as; if so, copper had so risen in value, that although the as of half an ounce weight was equal to half an obolus, the as, when it weighed twenty-four times as much, that is, a full pound, had only been worth twice as much; a diminution in value of twelve hundred per cent. 3 " Din," says Pliny, XVIII. 3. "pascua solum vectigal fuerant." Varro says, "Quos agros non colebant propter silvas, aut id genus ubi pecus posset pasci, et possideb ant, ab usu suo Saltus nominarunt." De L. L. V. Â~ 36. "Possidere," as Niebuhr's readers well know, is the proper term for the occupation of the public land. And the Scholiast on Thucydides, I.139, rightly considers yei dop erov to be equivalent to ou arruepojivn,, because undivided land was commonly left in pasture. ï~~34 HISTORY OF ROME. [CHAP. VI for their enjoyment of the ager publicus, which was left unenclosed as pasture ground; and all accounts speak of the great quantities of cattle reared in Italy from time immemorial. Cattle then may have been a source of wealth; but commerce must have been so in a still greater degree. The early foundation of Ostia at the mouth of the Tiber, ascribed to Ancus Marcius, could have had no object, unless the Romans had been engaged in foreign trade; and the treaty with Carthage, already alluded to, proves the same thing directly and undeniably. In this treaty the Romans are allowed to trade with Sardinia, with Sicily, and with Africa westward of the Fair Headland, that is, with Carthage itself, and all the coast westward to the Pillars of Hercules; and it is much more according to the common course of things that this treaty should have been made to regulate a trade already in activity, than to call it for the first time into existence. By this commerce great fortunes were sure to be made, because there were as yet so many new markets4 open to the enterprising trader, and none, perhaps, where the demand for his goods had been so steadily and abundantly supplied as to destroy the profit of his traffic. But although much wealth must thus have been brought into Rome, it is another question how widely it was distributed. Was foreign trade open to every Roman, or was it confined to the patricians and their clients, and in a still larger proportion to the king? The king had large domains of his own,' partly arable, partly pasture, and partly planted with vines and olives; hence he was in a condition to traffic with foreign countries, and much of the Roman commerce was, probably, carried on by the government for its own direct benefit, as was the case in Judwa, in the reign of Solomon. The patricians also, we may be sure, exported, like the Russian nobility, the skins and wool of the numerous herds and flocks which they fed upon their public land, and were the owners of trading ships, as it was not till three centuries afterwards that a law6 was passed with the avowed object of restraining senators, a term then become equivalent with patricians, from possessing ships of a large burden. Nor can we suppose that the new plebeian centuries of knights, who had been chosen from the richest of the commons, were excluded from those commercial dealings which their order in later times almost monopolized. All these classes, "then, might, and probably did, become wealthy; but, it may be doubted whether the plebeian landholders had the same opportunities open to them. Agriculture was to them the business of their lives; if their estates were ill cultivated, they were liable to be degraded from their order; nor had they the capital which could enable them to enter with advantage upon foreign trade. It is possible, indeed, that foreign trade may have been one of the privileges of the higher classes, as it is at this day in Russia;7 but surely Niebuhr is not warranted by the passage which he quotes from Dionysius, in asserting that the plebeians were excluded from commerce as well as from handicraft occupations; retail trade,8 which is all that Dionysius speaks of, was 4 Thus Herodotus speaks of the enormous profits made by a Samian ship which accidentally found its way to Tartessus; observing, r d 6trf6ptov rore v dscpaoro rov rav xp6vov. IV. 152. Cicero de Republica, V. 2. These were the Greek rqOP,, which the kings always had assigned to them. See HIerodot. IV. 161. SBy Caius Flaminius, a short time before the second Punic war. See Livy, XXI. 63. S Of the " Merchants of the three Guilds," only those of the first guild, possessing a capital of at least fifty thousand francs (something mo a:han two thousand pounds), are allowed to own merchant ships, and to carry on foreign trade. Those of the second guild may only trade within the Russian empire; those of the third guild may only carry on retail trades. See Schnitzler, Statistique de l'Empire de Russie, p. 117, Oirs KdrXov oirs xc~porixvv fliov i ctv, IX. 25. It is true that Dionysius had just before used the term ipr6pwv, but I think that it is fi~rdp v which he uses in an improper sense, and not scdAov. Cicero distinguishes between them in a well-known passage. " Sordidi etiam putandi qui mercantur a mercatoribus quod statim vendant; (rd',nXot) opificesque omnes (xeplrxvat) in sordid arte versantur. * * * Mereatura antem, si tenuis est, sordida putanda est: sin magna et copiosa multa undique apportans, multisque sine vanitate impertiens, non est admodum vituperanda." De Officiis, II. prope finem. Cicero wrote at a time when all trade was considered degrading to a senator, and his language breathes the spirit of modern aristocracy. Yet even he distinguishes between the merchant and the petty trader or shopkeeper. The plebeians were excluded from following the latter callings by positive institution; from the former they might have been virtually excluded by their poverty. Since writing the above note, I see that Nie ï~~CHAP. VI.] MISCELLANEOUS NOTICES, ETC. 35 considered by the ancients in a very different light from the wholesale dealings of the merchant with foreign countries. Beyond this we have scarcely the means of proceeding. Setting aside the tyranny ascribed to Tarquinius, and remembering that it was his policy to deprive the commons of their lately acquired citizenship, and to treat them like subjects rather than members of the state, the picture given of the wealth and greatness of Judtea under Solomon, may convey some idea of the state of Rome under its later kings. Powerful amongst surrounding nations, exposed to no hostile invasions, with a flourishing agriculture, and an active commerce, the country was great and prosperous; and the king was enabled to execute public works of the highest magnificence, and to invest himself with a splendor unknown in the earlier times of the monarchy. The last Tarquinius was guilty of individual acts of oppression, we may be sure, towards the patricians no less than the plebeians; but it was these last whom he labored on system to depress and degrade, and whom he employed, as Solomon did the Canaanites,9 in all the servile and laborious part of his undertakings. Still the citizens or patricians themselves found that the splendor of his government had its burdens for them also; as the great majority of the Israelites, amid all the peace and prosperity of Solomon's reign, and although exempted from all servile labor, and serving only in honorable offices,to yet complained that they had endured a grievous yoke, and took the first opportunity to relieve themselves from it by banishing the house of Solomon from among them forever. Of the population of Rome under its later kings nothing can be known with certainty, unless we consider as historical the pretended return of the Population. census taken by Servius Tullius, eighty-four thousand seven hundred. Nor is it possible to estimate the numbers of the army from the account of the centuries. We are expressly told that the centuries were very unequal in the number of men contained in them; and even with regard to the centuries of the first class, we know not whether they consisted of any fixed number. It is possible that the century in the Roman army, like the c&-g in the Athenian, bore two different senses; the Athenian heavy-armed infantry were divided into ten -E&ig, but the number contained in each of these must necessarily have been indefinite. We read, however, of r&gsg and ra iagcxoi in particular expeditions, by which, apparently, we are to understand certain drafts from the larger r&ess with their commanders, and the numbers here would be fixed according to the force required for the expedition. So the centuriae" of the different classes must have each furnished their contingents for actual service on a certain fixed proportion, and these contingents from the centuries would be called centuries themselves; but we do not know either their actual force, or their force comparatively with one another; a century of the fifth class, consisting of light-armed soldiers, must have contained many more men than a century of heavy-armed soldiers of the first class. II. It is difficult to form a clear idea of the moral character of the Roman people under its kings, because we cannot be sure that the pictures Moa.,and o oitca character of the 1%ohanded down to us of that period were not copied from the man- mans. ners of a later time, and thus represent, in fact, the state of the commonwealth rather than that of the monarchy. Thus the simple habits of Lucretia seem copied from the matrons of the republic in the time of its early poverty, and cannot safely be ascribed to the princesses of the magnificent house of the Tarquinii. Again, we can scarcely tell how far we may carry back the origin of those charbuhr has himself tacitly corrected his mistake 10 1 Kings, v. 22. Compare xii. 4-16. ii the second volume, p. 450, 2d Ed. by trans- n I propose to reserve all consideration of the lating Ks1,7rso in this same passage of Diony- numbers and constitution of the early Roman sius, " wer.IJamhandel erwtihlte," instead legion for the next volume, when we shall for of " IHandel." " Kramhandel" is " retail the first time have any historical accounts in detrade." tail of the military operations of the Roman ar' 1 Kings, ix. 20, 21. mies. ï~~36 HISTORY OF ROME, [CHaP. V] acteristie points in the late2 Roman manners, the absolute authority possessed by the head of a family over his wife and children. But it is probable that they are of great antiquity; for the absolute power of a father over his sons extended only to those who were born in that peculiar form of marriage called Connubium, a connection which anciently could only subsist between persons of the same order, and which was solemnized by a peculiar ceremony called Confarreatio; a ceremony so sacred, that a marriage thus contracted could only be dissolved by certain unwonted and horrible rites, purposely ordered, as it seems, to discourage the practice of divorce. All these usages point to a very great antiquity, and indicate the early severity of the Roman domestic manners, and the habits of obedience which every citizen learned under his father's roof. This severity, however, did not imply an equal purity; connubium could only be contracted with one wife, but the practice of concubinage was toleratied, although the condition of a concubine is marked as disreputable by a law so old as to be ascribed to Numa.12 And the indecency of some parts of the ancient religious worship, and the license allowed at particular festivals, at marriages, and in the festal meetings of men amongst themselves, belong so much to an agricultural people, as well as to human nature in general, that these, too, may be safely presumed to be coeval with the very origin of the Roman nation. But the most striking point in the character of the Romans, and that which has Their love of institu- SO permanently influenced the condition of mankind, was their love tions a l aw. of institutions and of order, their reverence for law, their habit of considering the individual as living only for that society of which he was a member. This character, the very opposite to that of the barbarian and the savage, belongs, apparently, to that race to which the Greeks and Romans both belong, by whatever name, Pelasgian, Tyrrhenian, or Sikelian, we choose to distinguish it. It has, indeed; marked the Teutonic race, but in a less degree: the Kelts have been strangers to it, nor do we find it developed amongst the nations of Asia: but it strongly characterizes the Dorians in Greece, and the Romans; nor is it wanting among the Ionians, although in these last it was modified by that individual freedom which arose naturally from the surpassing vigor of their intellect, the destined wellspring of wisdom to the whole world. But in Rome, as at Lacedmemon, as there was much less activity of reason, so the tendency to regulate and to organize was much more predominant. Accordingly, we find traces of this character in the very earliest traditions of Roman story. Even in Romulus, his institutions go hand in hand with his deeds in arms; and the wrath of the gods darkened the last years of the warlike Tullus, because he had neglected the rites and ordinances established by Numa. Numa and Servius, whose memory was cherished most fondly, were known only as lawgivers; Ancus, like Romulus, is the founder of institutions as well as the conqueror, and one particular branch of law is ascribed to him as its author, the ceremonial to be observed before going to war. The two Tarquinii are represented as of foreign origin, and the character of their reigns is foreign also. They are great warriors and great kings; they extend the dominion of Rome; they enlarge the city, and embellish it with great and magnificent works; but they add nothing to its institutions; and it was the crime of the last Tarquinius to undo those good regulations which his predecessor had appointed.. It is allowedr on all hands, that the works df art executed in Rome under the Of the tatee he er-. later kings; whether architecture" or sculpture,"4 were of Etruscan origin; but what is meant by "Etruscan," and how far Etruscan 12 Pellex aram Junonis ne tangito... si tan- been Etruscan. (Pliny, XXXV. 12.) Micali get, Junoni crinibus demissis agnum foeminam supposes the temple here meant to have been cmdito. Festus in "Pellex." the one vowed by A. Postumius, dictator at the 1" Intentus perficiendo templo, fabris undique battle of the lake Regillus (Tacitus, Annal. II. ex Etruria accitis, &c. Livy, I. 56. 49), described as a temple, "Libero, Libereque 14 Before the ornamenting of the temple of et Cereri, juxta Circum Maximnum." At any Ceres at Rome, near the Circus Maximus, by two rate, the two Greek artists must belong to a Greeks, Damophilus and Gorgasus, all works of period later than the foundation of the cappainting or sculpture, according to Varro, had itol. ï~~ChAr. VI.] MISCELLANEOUS NOTICES, ETC. 37 art was itself derived from Greece, is a question which has been warmly disputed. The statue of Jupiter" in the capitol, and the four-horsed chariot on the summit of the temple, together with most of the statues of the gods, were at this period wrought in clay; bronze was not generally employed till a later age. There is no mention of any paintings in Rome itself earlier than the time of the commonwealth; but Pliny speaks of some frescoes at Arden and at Cmaere, which he considered to be older than the very foundation of the city, and which in his own age preserved the freshness of their coloring, and in his judgment were works of remarkable merit. The Capitoline Temple'6 itself was built nearly in the form of a square, each side being about two hundred feet in length; its front faced southwards, towards the Forum and the Palatine, and had a triple row of pillars before it, while a double row inclosed the sides of the temple. These, it is probable, were not of marble, but made either of the stone of Rome itself, like the cloaca, or possibly from the quarries of Gabii or Alba. The end of the reign of the last king of Rome falls less than twenty years before the battle of Marathon. The age of the Greek heroic poetry Languange and intel. lectual character of the was long since past; the evils of the iron age, of that imperfect civil- Romans. ization, when legal oppression has succeeded to the mere violence of the plunderer and the conqueror, had been bewailed by Hesiod three centuries earlier; Theognis had mourned over the sinking importance of noble birth, and the growing influence of riches; the old aristocracies had been overthrown by single tyrants, and these, again, had everywhere yielded to the power of aristocracies under a mitigated form, which in some instances admitted a mixture of popular freedom. Alcaus and Sappho had been dead for more than half a century; Simonides was in the vigor of life; and prose history had already been attempted by Hecateus of Miletus. Of the works of these last, indeed, only fragments have descended to us; but their entire writings, together with those of many other earlier poets, scattered up and down through a period of more than two hundred years, existed till the general wreck of ancient literature, and furnished abundant monuments of the vigor of the Greek mind, long before the period when history began faithfully to record particular events. But of the Roman mind under the kings, Cicero knew no more than we do. He had seen no works of that period, whether of historians or of poets; he had never heard the name of a single individual whose genius had made it famous, and had preserved its memory, together with his own. A certain number of laws ascribed to the kings, and preserved, whether on tables of wood or brass, in the capitol, or in the collection of the jurist Papirius, were almost the sole monuments which could illustrate the spirit of the early ages of the Ro 15 Pliny, XXXV. 12, quotes Varro, as saying "Turrianum a Fregellis accitum, cui locaret Tarquinius Priscus effigiem Jovis in capitolio dicandam." He had just before said that all the images of this period were Etruscan; how, then, do we find the statue of Jupiter himself ascribed to an artist of Fregeli, a Volscian town on the Livis, with which the Romans in Tarquinius' reign are not known to have had any connection? Besides, " Turrianus" is apparently only another form of "Tyrrhenus," and seems to mark the artist as an Etruscan. Are we, then, to read Fregens instead of Fregellm, or are we to suppose the artist's fame to have been so eminent that the people of Fregelle had first invited him thither from his own country, and the Roman king afterwards brought him from Fregelle to Rome? In this manner, Polycrates of Samos sent for Democedes, the physician, from Athens; and the Athenians had invited him from Xgina, where he had first settled after Leaving his own country, Croton. Herodotus, III. 131. But the question still returns, What is meant by Etruscan art? Are we to understand this term of the Etruscans, properly so called, the conquerors of the Tyrrhenian Pelasgians, or of these Tyrrheno-Pelasgians themselves, who must have held Agylla at least, if not other places on the coast, down to the time of the last kings of Rome; or, again, how much of Etruscan art was introduced directly into Italy from Greece itself, as is indicated in the story of Demaratus coming from Corinth to Tarquinii, with the artists Euchir and Eugrammus, "Cunning hand" and "Cunning carver?" The paintings at Ardea and Care, mentioned by Pliny, both occur in towns of Pelasgian origin; and the arts may have thus been cultivated to a certain degree in Italy, even before the beginning of any communication with Greece. But the vases and other monuments now found in Etruscan towns, in the ruins of Tarquinii, for instance, and of Vulci, belong to a later period, and are either actually of Greek workmanship, or were executed by Etruscans to whom Greek art was familiar. See M. Bunsen's " Discours," in the 6th volume of the Annals of the Antiquarian Institute of Rome, p. 40, &c. 1B Dionysius IV. 61. ï~~38 HISTORY OF ROME. [CHar. VI man people. But even these, to judge from the few extracts with which we are acquainted, must have been modernized in their language; for the Latin of a law ascribed to Servius Tullius, is perfectly intelligible, and not more ancient in its forms than that of the fifth century of Rome; whereas the few genuine monuments of the earliest times, the Hymns of the Salii, and of the Brotherhood of Husbandry, Fratres Arvales, required to be interpreted to the Romans of Cicero's time, like a foreign language; and of the hymn of the Fratres Arvales we can ourselves judge, for it has been accidentally preserved to our days, and the meaning of nearly half of it is only to be guessed at. This agrees with what Polybius says of the language of the treaty between Rome and Carthage, concluded in the first year of the commonwealth; it was so unlike the Latin of his own time, the end of the sixth and beginning of the seventh century of Rome, that even those who understood it best found some things in it which, with their best attention, they could scarcely explain. Thus, although verses were uindoubtedly made and sung in the times of the kings, at funerals and at feasts, in commemoration of the worthy deeds of the noblest of the Romans; and although some of the actual stories of the kings may, perhaps, have come down from this source, yet it does not appear that they were ever written, and thus they were altered from one generation to another, nor can any one tell at what time they attained to their present shape. Traces of a period much later than that of the kings may be discerned in them; and I see no reason to differ from the opinion of Niebuhr, who thinks that as we now have them they are not earlier than the restoration of the city after the invasion of the Gauls. If this be so, there rests a veil not to be removed, not only on the particular history of the early Romans, but on that which we should much more desire to know, and which in the case of Greece stands forth in such full light, the nature and power of their genius; what they thought, what they hated, and what they loved. Yet although the legends of the early Roman story are neither historical, nor yet coeval with the subjects which they celebrate, still their fame is so great, and their beauty and interest so surpassing, that it would be unpardonable to sacrifice them altogether to the spirit of inquiry and of fact, and to exclude them from the place which they have so long held in Roman history. Nor shall I complain of my readers, if they pass over with indifference these attempts of mine to put together the meagre fragments of our knowledge, and to present them with an outline of the times of the kings, at once incomplete and without spirit; while they read with eager interest the immortal story of the fall of Tarquinius, and the wars with Porsenna and the Latins, as it has been handed down to us in the rich coloring of the old heroic lays of Rome. ï~~CHAPTEIR VII. THE STORY OF THE BANISHING OF KING TARQUINIUS AND HIS HOUSE, AND OF THEIR ATTEMPTS TO GET THEMSELVES BROUGHT BACK AGAIN. " Vis et Tarquinios reges, animamque superbam Ultoris Bruti, fascesque videre receptos?" VmmGIL, En. VI. WHILE king Tarquinius was at the height of his greatness, it chanced upon a time, that from the altar' in the court of his palace there crawled out a How kin;g arquiniu, affrighted by a prodisnake, which devoured the offerings laid on the altar. So the king gy in his p.ace, sent two of hia sons with thought it not enough to consult the soothsayers of the Etruscans Lucius Brutus to con-. sult the oracle of Delwhom he had with him, but he sent two of his own sons to Del- phi. phi, to ask counsel of the oracle of the Greeks; for the oracle of Delphi was famous in all lands. So his sons Titus and Aruns went to Delphi, and they took with them their cousin Lucius Junius, whom men call Brutus, that is, the Dullard; for he seemed to be wholly without wit, and he would eat wild figs with honey.3 This Lucius was not really dull, but very subtle; and it was for fear of his uncle's cruelty, that he made himself as one without sense; for he was very rich, and he feared lest king Tarquinius should kill him for the sake of his inheritance. So when he went to Delphi he carried with him a staff of horn, and the staff was hollow, and it was filled within with gold, and he gave the staff to the oracle4 as a likeness of himself; for though he seemed dull, and of no account to look upon, yet he had a golden wit within. When the three young men had performed the king's bidding, they asked the oracle for themselves, and they said, "0 Lord Apollo, tell us which of us shall be king in Rome?" Then there came a voice from the sanctuary and said, "Whichever of you shall first kiss his mother." So the sons of Tarquinius agreed to draw lots between themselves, which of them should first kiss their mother, when they should have returned to Rome; and they said they would keep the oracle secret from their brother Sextus, lest he should be king rather than they. But Lucius understood the mind of the oracle better; so as they all went down from the temple, he stumbled as if by chance, and fell with his face to the earth, and kissed the earth; for he said, " The earth is the true mother of us all." Now when they came back to Rome, king Tarquinius was at war with the people of Ardena;5 and as the city was strong, his army lay a long How, at the siege ofAr. while before it, till it should be forced to yield through famine. dea,.,oRo an pritce. disputed about the So the Romans had leisure for feasting and for diverting them- oth of their wives, selves: and once Titus and Aruns6 were supping with their brother judged the worthiest. 1 Ovid, Fasti, II. 711. Ecce, nefas visu, mediis altaribus anguis Exit, et extinctis ignibus exta rapit. 2 Livy, I. 56, maxime inclitum in terris oraculum. The story of the last of the Roman kings sending to consult the oracle at Delphi, is in itself nothing improbable. We read of the Agyllmans of Agylla or Care doing the same thing at an earlier period. Ierodotus, I. 167. These were Tyrrhenians, or Pelasgians; and there was a sufficient mixture of the same race in the Roman people, to give them a natural connection with the religion of Greece. 3 A. Postumius Albinus, cotemporary with Cato the censor, quoted by Macrobius, Saturnalia, II. 16. Grossulos ex melle edebat. "Ex nelle," dipping them into the honey, and eat ing them when just taken out of it, i. e. with the honey clinging all about them. Compare Plautus, Merc. I. 2, 28, " Resinam ex melle devorato," where the sense of the preposition can hardly be distinguished from that of" cum." Grossi and grossuli are imperfect and unripe figs; either those of the wild fig which never come to perfection, or the young fruit of the cultivated fig gathered before its time. SPer ambages effigiem ingenii sui. Livy, L 56. 6 Livy, I. 57. This is one of the incongruities of the story. Ardea, in the first year of the commonwealth, is mentioned as one of.the dependent allies of Rome. See the famous treaty with Carthage, as given by Polybius, III. 22. 6 Livy, I. 57. ï~~40 HISTORY OF ROME. [CHAP. VIL Sextus, and their cousin Tarquinius of Collatia was supping with them. And they disputed about their wives, whose wife of them all was the worthiest lady. Then said Tarquinius of Collatia, "Let us go and see with our own eyes what our wives are doing, so shall we know which is the worthiest." Upon this they all mounted their horses, and rode first to Rome; and there they found the wives of Titus, and of Aruns, and of Sextus, feasting and making merry. They then rode on to Collatia, and it was late in the night, but they found Lucretia, the wife of Tarquinius of Collatia, neither feasting nor yet sleeping, but she was sitting with all her handmaids around her, and all were working at the loom. So when they saw this, they all said, "Lucretia is the worthiest lady." And she entertained her husband and his kinsmen, and after that they rode back to the camp before Ardea. But a spirit of wicked passion7 seized upon Sextus, and a few days afterwards Of the wicked deed of he went alone to Collatia, and Lucretia received him hospitably, Sextus Tarquinius a gainst Lcretia. for he was her husband's kinsman. At midnight he arose and went to her chamber, and he said that if she yielded not to him, he would slay her and one of her slaves with her, and would say to her husband that he had slain her in her adultery. So when Sextus had accomplished his wicked purpose, he went back again to the camp. Then Lucretia' sent in haste to Rome, to pray that her father Spurius Lucretius HowLnretia,havin tol? would come to her; and she sent to Ardea to summon her husband. thed end her fatherelaw Her father brought along with him Publius Valerius, and her hus-.eef" band brought with him Lucius Junius, whom men call Brutus. When they arrived, they asked earnestly, "Is all well?" Then she told them of the wicked deed of Sextus, and she said, "If ye be men, avenge it." And they all swore to her that they would avenge it. Then she said again, " I am not guilty; yet must I too share in the punishment of this deed, lest any should think that they may be false to their husbands and live." And she drew a knife from her bosom, and stabbed herself to the heart. At that sight9 her husband and her father cried aloud; but Lucius drew the now her father and her knife from the wound, and held it up, and said, "By this blood husbend nd Lucius Br I swear, that I will visit this deed upon king Tarquinius, and all tus excited the people to drive ot king T rqinius his accursed race; neither shall any man hereafter be king in and his house. Rome, lest he do the like wickedness." And he gave the knife to her husband, and to her father, and to Publius Valerius. They marvelled to hear such words from him whom men called dull; but they swore also, and they took up the body of Lucretia, and carried it down into the forum; and they said, "Behold the deeds of the wicked family of Tarquinius." All the people of Collatia were moved, and the men took up arms, and they set a guard at the gates, that none might go out to carry the tidings to Tarquinius, and they followed Lucius to Rome. There, too, all the people came together, and the crier summoned them to assemble before the tribune of the Celeres, for Lucius held that office.0 And Lucius spoke to them of all the tyranny of Tarquinius and his sons, and of the wicked deed of Sextus. And the people in their curim took back from Tarquinius the sovereign power, which they had given him, and they banished him and all his family. Then the younger men followed Lucius to Ardea, to win over the army there to join them; and the city was left in the charge of Spurius Lucretius. But the wicked Tullia fled in haste from her house, and all, Livy, I. 58. with Gravis; this would show a connexion beLivy, I. 58. tween the word and the Greek f3ap. It is Livy, I. 59. very possible that its early signification, as a 10 The tribune of the Celeres was to the king cognomen, may have differed very little from what the master of the horse was afterwards to that of Severus. When the signification of the dictator. It is hardly necessary to point " dulness" came to be more confirmed, the out the extravagance of the story, in represent- story of Brutus' pretended idiotcy would be ing Brutus, though a reputed idiot, yet invested invented to explain the fact of so wise a man with such an important office. Festus says being called by such a name. that Brutus, in old Latin, was synonymous ï~~ClAP. VI.L] THE BANISHING OF KING TARQUINIUS, ETC. 41 both men and women, cursed her as she passed, and prayed that the furies of her father's blood might visit her with vengeance. Meanwhile" king Tarquinius set out with speed to Rome to put down the tumult. But Lucius turned aside from the road, that he might Of the driving out of king not meet him, and came to the camp; and the soldiers joyfully Tarquiniys, antd howtwo received him, and they drove out the sons of Tarquinius. King appointed hisroom. Tarquinius came to Rome, but the gates were shut, and they declared to him, from the walls, the sentence of banishment which had been passed against him and his family. So he yielded to his fortune, and went to live at Caere with his sons Titus and Aruns. His other son, Sextus," went to Gabii, and the people there, remembering how he had betrayed them to his father, slew him. Then the army left the camp before Ardea, and went back to Rome. And all men said, "Let us follow the good laws of the good king Servius; and let us meet in our centuries, according as he directed," and let us choose two men year by year to govern us, instead of a king." Then the people met in their centuries in the Field of Mars, and they chose two men to rule over them, Lucius Junius, whom men called Brutus, and Lucius Tarquinius of Collatia. But the people14 were afraid of Lucius Tarquinius for his name's sake, for it seemed as though a Tarquinius was still king over them. So they prayed How Lncis Tarquinius, him to depart from Rome, and he went and took all his goods twasdrivehusbandout falsoforhi with him, and settled himself at Lavinium. Then the senate name's sake. and the people decreed that all the house of the Tarquinii should be banished, even though they were not of the king's family. And the people met again in their centuries, and chose Publius Valerius to rule over them together with Brutus, in the room of Lucius Tarquinius of Collatia. Now at this time5 many of the laws of the good king Servius were restored, which Tarquinius the tyrant had overthrown. For the commons The laws of the goodking again chose their own judges, to try all causes between a man servi s restored. and his neighbor; and they had again their meetings and their sacrifices in the city and in the country, every man in his own tribe and in his own district. And lest there should seem to be two kings instead of one, it was ordered that one only of the two should bear rule at one time, and that the lictors, with their rods and axes, should walk before him alone. And the two were to bear rule month by month. Then king Tarquinius5 sent to Rome, to ask for all the goods that had belonged to him; and the senate, after a while, decreed that the goods shoul be gven bck. ow certain of the young should be given back. But those whom he had sent to Rome omans plotted to bring to ask for his goods, had meetings with many young men of back kigTearquinius. noble birth, and a plot was laid to bring back king Tarquinius. So the young men wrote letters to Tarquinius, pledging to him their faith, and among them were Titus and Tiberius, the sons of Brutus. But a slave happened to overhear them talking together, and when he knew that the letters were to be given to the messengers of Tarquinius, he went and told all that he had heard to Brutus and to Publius Valerius. Then they came and seized the young men and their letters, and so the plot was broken up. After this there was a strange and piteous sight to behold. Brutus and Publius" sat on their judgment-seats in the Forum, and the young How cie nts sat in men were brought before them. Then Brutus bade the lictors to judgment upon his own bind his own two sons, Titus and Tiberius, together with the others,s. and to scourge them with rods, according to the law. And after they had been " Livy, I. 60. 1 Consules inde comitiis centuriatis-ex com12 Livy, I. 60. Dionysius makes Sextus live mentariis Ser. Tullii creati sunt. Livy, I. 60. till the battle by the lake Regillus, and describes 14 Livy, II. 2. him as killed there. When the stories differ, 1 Dionysius, V. 2. I have generally followed Livy, as the writer s Livy, II. 3, 4. of the best taste, and likely to give the oldest ' Livy, II. 5. and most poetical version of them. ï~~42 HISTORY OF ROME. [CHAP. TI1 scourged, the lictors struck off their heads with their axes, before the eyes of their father; and Brutus neither stirred from his seat, nor turned away his eyes from the sight, yet men saw as they looked on him that his heart was grieving inwardly'" over his children. Then they marvelled at him, because he had loved justice more than his own blood, and had not spared his own children when they had been false to their country, and had offended against the law. When"9 king Tarquinius found that the plot was broken up, he persuaded the How the people of Veii people of Veii and the people of Tarquinii, cities of the Etruscans, po tlouinii. manho to try to bring him back to Rome by force of arms. So they Lucius Brutus was slain. assembled their armies, and Tarquinius led them within the Roman border. Brutus and Publius led the Romans out to meet them, and it chanced that Brutus with the Roman horsemen, and Aruns, the son of king Tarquinius, with the Etruscan horse, met each other in advance of the main battles. Aruns seeing Brutus in his kingly robe, and with the lictors of a king around him, levelled his spear, and spurred his horse against him. Brutus met him, and each ran his spear through the body of the other, and they both fell dead. Then the horsemen on both parts fought, and afterwards the main battles, and the Veientians were beaten, but the Tarquinians beat the Romans, and the battle was neither won nor lost; but in the night there came a voice out of the wood that was hard by, and it said, "One man more20 has fallen on the part of the Etruscans than on the part of the Romans; the Romans are to conquer in the war." At this the Etruscans were afraid, and believing the voice, they immediately marched home to their own country, while the Romans took up Brutus, and carried him home and buried him; and Publius made an oration in his praise, and all the matrons of Rome mourned for him for a whole year, because he had avenged Lucretia well. When Brutus was dead,2"' Publius ruled over the people himself; and he began How PubliusValerius was to build a great and strong house on the top of the hill Velia, suspected by thepeople, which looks down upon the Forum.22 This made the people say, and how he cleared himsol. " Publius wants to become a king, and is building a house in a strong place, as if for a citadel where he may live with his guards, and oppress us." But he called the people together, and when he went down to them, the lictors who walked before him lowered the rods and the axes which they bore, to show that he owned the people to be greater than himself. He complained that they had mistrusted him, and he said that he would not build his house on the top of the hill Velia, but at the bottom of it, and his house should be no stronghold. And he called on them to make a law,23 that whoever should try to make himself king should be accursed, and whosoever would might slay him. Also, that if a magistrate were going to scourge or kill any citizen, he might carry his cause before the people, and they should judge him. When these laws were passed, all men said, "Publius is a lover of the people, and seeks their good:" and he was called Poplicola, which means, "the people's friend," from that day forward. Then Publius called the people together24 in their centuries, and they chose Spurius Lucretius, the father of Lucretia, to be their magistrate for the year in the room of Brutus. But he was an old man, and his strength was so much gone, that after a few days he died. They then chose in his room Marcus Horatius.25 Now Publius and Marcus cast lots which should dedicate the temple to Jupiter 15 Eminente animo patrio inter publicoe pcenm Palatine, up which the Via Sacra passes. The ministerium. Livy, II. 5. arch of Titus is on the Velian Hill. Â~ Livy, II. 6. 23 Livy, II. 8. 20 Uno plus Etruscorum ceeidisse in acie; 24 Livy, II. 8.?incere bello Romanum. Livy, II. 7. 25 The treaty with Carthage makes M. uHora21 Livy, II. 7. tius the colleague of Brutus: another proof of S It is the rising ground just under the the irreconcilableness of the common story with the real but lost history. ï~~CHAP. VII.] THE BANISHING OF KING TARQUINIUS, ETC. 43 on the hill of the Capitol, which king Tarquinius had built; and Of the dedicating of the the lot fell to Marcus, to the great discontent of the friends of temple on the Capitol by Publius.5 So when Marcus was going to begin the dedication, Ma.orti. and had his hand on the door-post of the temple, and was speaking the set words of prayer, there came a man running to tell him that his son was dead. But he said, "Then let them carry him out and bury him;" and he neither wept, nor lamented, for the words of lamentation ought not to be spoken when men are praying to the blessed gods, and dedicating a temple to their honor. So Marcus honored the gods above his son, and dedicated the temple on the hill of the Capitol; and his name was recorded on the front of the temple. But when king Tarquinius found that the Veientians and Tarquinians were not able to restore him to his kingdom, he went to Clusium,21 a city in How king Porsenna mado the farthest part of Etruria, beyond the Ciminian forest, and be- eao e theom take bn kt sought Lars Porsenna,t the king of Clusium, to aid him. So Por- king Tarquini. senna raised a great army, and marched against Rome, and attacked the Romans on the hill Janiculum, the hill on the outside of the city beyond the Tiber; and he drove them down from the hill into the city. There was a wooden bridge over the Tiber at the bottom of the hill, and the Etruscans followed close upon the Romans to win the bridge, but a single man, named Horatius Of the worthy deed of Ho. Cocles, stood fast upon the bridge, and faced the Etruscans;r mioes coolee. two others then resolved to stay with him, Spurius Lartius and Titus Herminius; and these three men stopped the Etruscans, while the Romans, who had fled over the river, were busy in cutting away the bridge. When it was nearly all cut away, Horatius made his two companions leave him, and pass over the bridge into the city. Then he stood alone on the bridge, and defied all the army of the Etruscans; and they showered their javelins upon him, and he caught them on his shield, and stood yet unhurt. But just as they were rushing on him to drive him from his post by main force, the last beams of the bridge were cut away, and it all fell with a mighty crash into the river; and while the Etruscans wondered, and stopped in their course, Horatius turned and prayed to the god of the river, " 0 father35 Tiber, I pray thee to receive these arms, and me who bear them, and to let thy waters befriend and save me." Then he leapt into the river; and though the darts fell thick around him, yet they did not hit him, and he swam across to the city safe and sound." For this the Romans set up his statue in the comitium, and gave him as much land as he could drive the plough round in the space of a whole day. But the Etruscans still lay before the city, and the Romans suffered much from hunger. Then a young man of noble blood, Caius MuciusH How aisMiden.sought by name, went to the senate, and offered to go to the camp of thli eoof kin ~ eho nna the Etruscans, and to slay king Porsenna. So he crossed the own hand in the fire. river and made his way into the camp, and there he saw a man sitting on a high place, and wearing a scarlet robe, and many coming and going about him; and saying to himself, "This must be king Porsenna," he went up to his seat amidst the crowd, and when he came near to the man he drew a dagger from under his garment, and stabbed him. But it was the king's scribe whom he had slain, who was the king's chief officer; so he was seized and brought before the king, Livy, II. 8. It is vain to attempt to write a history of these 21 Livy, II. 9. events; and none can doubt that the poetical 2 "Lars," like "lucumo," is not an indi- story, which alone I am wishing to preserve, vidual name, but expresses the rank of the per- was that given by Livy. son, like va. Micali connects it with the Ten- 2 " Adolescens nobilis," Livy, II. 12. Nietonic word "Lord." buhr doubts whether the old story called him 2 Livy, II. 10. by any other name than Caius. Mucius, he S" Tiberine pater, te sancte precor, hmnc thinks, was a later addition; because the Mucii arma et hunec militem propitio fiumine acci- had the same cognomen of Scevola; and he pias." Livy, II. 10. considers it inconsistent, because the Mace u Polybius says that he was killed, VI. 55. were plebeians. ï~~44 IIISTORY OF ROME. [CHAP. VIL and the guards threatened"3 him with sharp torments, unless he would answer all their questions. But he said, "See now, how little I care for your torments;" and he thrust his right hand into the fire that was burning there on the altar, and he did not move it till it was quite consumed. Then king Porsenna marvelled at his courage, and: said, "Go thy way, for thou hast harmed thyself more than me; and thou art a brave man, and I send thee back to Rome unhurt and free." But Caius answered, "For this thou shalt get more of my secret than thy tortures could have forced from me. Three hundred noble youths of Rome have bound themselves by oath to take thy life. Mine was the crst adventure; but the others will each in his turn lie in wait for thee. I warn you, therefore, to look to thyself well." Then Caius was let go, and went back again into the city. But king Porsenna was greatly moved,34 and made the Romans offers of peace, Of the peace made be- to which they listened gladly, and gave up the land beyond the twee kingPorsenna Tiber, which had been won in former times from the Veientians; the Romans: and of the great spirit of the maiden and he gave back to them the hill Janiculum. Besides this, the Cloelia. Romans gave hostages to the king, ten youths and ten maidens, children of noble fathers, as a pledge that they would truly keep the peace which they had made. But it chanced, as the camp of the Etruscans was near the Tiber, that Clcelia, one of the maidens, escaped with her fellows, and fled to the brink of the river, and as the Etruscans pursued them, Clcelia spoke to the other maidens, and persuaded them, and they rushed all into the water, and swam across the river; and got safely over. At this king Porsenna marvelled more than ever, and when the Romans sent back Clcelia and her fellows to him, for they kept their faith truly, he bade her go home free, and he gave her some of the youths also who were hostages, to choose whom she would; and she chose those who were of tenderest age, and king Porsenna set them free. Then the Romans gave lands to Cams, and set up a statue of ClOkelia in the highest part of the Sacred Way; and king Porsenna led away his army home in peace. After this king Porsenna35 made war against the Latins, and his army was ow Trqain iussought beaten, and fled to Rome;. and the Romans received them kindly, for afromtheLatina. and took care of those Who were wounded, and sent them back safe to king Porsenna. For this the king gave back to the Romans all the rest of their hostages whom he had still with him, and also the land which they had won from the Veientians. So Tarquinius, seeing that there was no more hope of aid from king Porsenna, left Clusium and went to Tusculum of the Latins; for Mamilius Octavius, the chief of the Tusculans, had married his daughter, and he hoped that the Latins would restore him to Rome, for their cities were many, and when he had been king he had favored them rather than the Romans. So after a time thirty cities of the Latins joined together and made Octavius Mamilius their general, and declared war against the Romans. Of the war between the Romae and Latis eon a- Now Publius Valerius was dead, and the Romans so loved and countofTTarquinius. honored him that they buried him within the city,36 near the hill Velia, and all the matrons of Rome had mourned for him for a. whole year: also because the Romans7 had the Sabines for their enemies as well as the Latins, they had made one man to be their ruler for a time instead of two; and he was called the Master of the people, or the commander, and he had all the power which the kings of Rome had in times past. So Aulus Postumius was appointed Master of the people at this time, and Titus Ebutius was the chief or Master of the horsemen; and they led out the whole force of the Romans, and met the Latins by the lake Regillus, in the country of Tusculum; and Tarquinius himself " Here I have followed Dionysius rather than 34 Livy, II. 18. Livy, because in Livy's story Mucius tells Por- " Livy, II. 14, 15. senna in reward of his generosity no more than 3 Plutarch in Publicola, 28. Livy, II. 16. he had told him at first as a mere vaunt to " Livy, II. 18. frighten him. ï~~CHAP. VII.] THE BANISHING OF KING TARQUINIUS, ETC. 45 was with the army of the Latins, and his son and all the houses of the Tarquinii: for this was their last hope, and fate was now to determine whether the Romans should be ruled over by king Tarquinius, or whether they should be free forever. There were many Romans who had married Latin wives,"8 and many Latins who had married wives from among the Romans. So before the How the Roman women war began, it was resolved that the women on both sides might who were married to at. war ugan, resoe ml~-~Uin husbands canmp hotel, leave their husbands if they chose, and take their virgin daughters to Rome. with them, and return to their own country. And all the Latin women, except two, remained in Rome with their husbands: but the Roman women loved Rome more than their 'husbands, and took their young daughters with them, and came home to the houses of their fathers. Then the Romans and the Latins joined battle by the lake Regillus.3 There might you see king Tarquinius, though far advanced in years, Of the great battle by the yet mounted on his horse and bearing his lance in his hand, as lake Regillus. bravely as though he were still young. There was his son Tarquinius, leading on to battle all the band of the house of the Tarquinii, whom the Romans had banished for their name's sake, and who thought it a proud thing to win back their country by their swords, and to become again the royal house, to give a king to the Romans. There was Octavius Mamilius, of Tusculum, the leader of all the Latins, who said, that he would make Tarquinius his father king once more in Rome, and the Romans should help the Latins in all their wars, and Tusculum should be the greatest of all the cities, whose people went up together to sacrifice to Jupiter of the Latins, at his temple on the high top of the mountain of Alba. And on the side of the Romans might be seen Aulus Postumius, the Master of the people, and Titus iAbutius, the Master of the horsemen. There also was Titus Herminius, who had fought on the bridge by the side of Horatius Cocles, on the day when they saved Rome from king Porsenna. There was Marcus Valerius, the brother of Publius, who said he would finish by the lake Regillus40 the glorious work which Publius had begun in Rome; for Publius had driven out Tarquinius and his house, and had made them live as banished men, and now they should lose their lives as they had lost their country. So at the first onset king Tarquinius levelled his lance, and rode against Aulus; and on the left of the battle, Titus iEbutius spurred his horse against Octavius Mamilius. But king Tarquinius, before he reached Aulus, received a wound in his side, and his followers gathered around him, and bore him out of the battle. And Titus and Octavius met lance to lance, and Titus struck Octavius on the breast, and Octavius ran his lance through the arm of Titus. So Titus withdrew from the battle, for his arm could no longer wield its weapon; but Octavius heeded not his hurt, but when he saw his Latins giving ground, he called to the banished Romans of the house of the Tarquinii, and sent them into the thick of the fight. On they rushed so fiercely that neither man nor horse could stand before them; for they thought how they had been driven from their country, and spoiled of their goods, and they said that they would win back both that day through the blood of their enemies. Then Marcus Valerius, the brother of Publius, levelled his lance and rode fiercely against Titus Tarquinius, who was the leader of the band of the How twa ohrsemen o Tarquinii. But Titus drew back, and sheltered himself amidst wite hoe aear dightf his band; and Marcus rode after him in his fury, and plunged the Romans. into the midst of the enemy, and a Latin ran his lance into his side as he was rushing on; but his horse stayed not in his career till Marcus dropped from him dead upon the ground. Then the Romans feared yet more, and the Tarquinii charged yet more vehemently, till Aulus, the leader of the Romans, rode up with " Dionysius, VI. 1. familim decus ejecti reges erant, ejusdem inter 0 Livy, II. 19. fecti forent. Livy, II. 20. 4 Domestics etiam glorid accensus, ut cujus ï~~46 HISTORY OF ROME. [CHAP. VII. his own chosen band; and he bade them level their lances, and slay all whose faces were towards them, whether they were friends or foes. So the Romans turned from their flight, and Aulus and his chosen band fell upon the Tarquinii; and Aulus prayed, and vowed that he would raise a temple to Castor and to Pollux,4 the twin heroes, if they would aid him to win the battle; and he promised to his soldiers that the two who should be the first to break into the camp of the enemy should receive a rich reward. When behold, there rode two horsemen at the head of his chosen band,42 and they were taller and fairer than after the stature and beauty of men, and they were in the first bloom of youth, and their horses were white as snow. Then there was a fierce battle when Octavius, the leader of the Latins, came up with aid to rescue the Tarquinii; for Titus Herminius rode against him, and ran his spear through his body, and slew him at one blow; but as he was spoiling him of his arms, he himself was struck by a javelin, and he was borne out of the fight and died. And the two horsemen on white horses rode before the Romans; and the enemy fled before them, and the Tarquinii were beaten down and slain, and Titus Tarquinius was slain among them; and the Latins fled, and the Romans followed them to their camp, and the two horsemen on white horses were the first who broke into the camp. But when the camp was taken, and the battle was fully won, Aulus sought for the two horsemen to give them the rewards which he had promised; and they were not found either amongst the living or amongst the dead, only there was seen imprinted" on the hard black rock"4 the mark of a horse's hoof, Which no earthly horse had ever made; and the mark was there to be seen in after ages. And the battle was ended, and the sun went down. Now they knew at Rome45 that the armies had joined battle, and as the day wore away all men longed for tidings. And the sun went down, Ilow the two horsemen appeared at Rome in and suddenly there were seen in the forum two horsemen, taller and the evenin, and tols that the lttl wa fairer than the tallest and fairest of men, and they rode on white won. horses, and they were as men just come from the battle, and their horses were all bathed in foam. They alighted by the temple of Vesta, where a spring of water bubbles up from the ground and fills a small deep pool. There they washed away the stains of the battle, and when men crowded round them, and asked for tidings, they told them how the battle had been fought, and how it was won. And they mounted their horses and rode from the forum, and were seen no more; and men sought for them in every place, but they were not found. Then Aulus and all the Romans knew how Castor and Pollux, the twin heroes, had heard his prayer, and had fought for the Romans, and had yanThe two horsemen weroe 'ter adhd tefrt bek { the twin hero, ostr quished their enemies, and had been the first to break into the eneand ox. mies' camp, and had themselves, with more than mortal speed, borne the tidings of their victory to Rome. So Aulus built a temple according to his vow to Castor and Pollux, and gave rich offerings; for he said, "These are the rewards which I promised to the two who should first break into the enemies' camp; and the twin heroes have won them, and they and no mortal men have won the battle for Rome this day." So perished the house of the Tarquinii, in the great battle by the lake Regillus, How Tarquins us, after and all the sons of king Tarquinius, and his son-in-law, Octavius the ruin of his house, Mamilius, were slain on that battle-field. Thus king Tarquinius saw went to Cumax. and died. the ruin of all his family and of all his house, and he was left alone, utterly without hope. So he went to Cume,46 a city of the Greeks, and there he 41 Livy, II. 20. under La Colonna, Labicum, to the ordinary 42 Dionysius, VI. 13. level of the Campagna, min going to Rome. Ci4' Cicero, de Natura Deorum, III. 5. cero speaks of the mark being visible " in sill44 The lake of Regillus is now a small and ce;" and silex is the name given by the Roman weedy pool surrounded by crater-like banks, writers to the lava and basalt of the neighborand with much lava or basalt about it, situated hood of Rome. at some height above the plain on the right hand 41 Dionysius, VI. 18. of the road as you descend from the high ground 46 Livy, II. 21. ï~~CHAP. VIII.] ROME AFTER THE END OF THE MONARCHY. 47 died. And thus the deeds of Tarquinius and of the wicked Tullia, and of Sextue their son, were visited upon their own heads; and the Romans lived in peace, and none threatened their freedom any more. CHAPTER VIII. ROME AFTER THE END OF THE MONARCHY-THE DICTATORSHIP-THE TRIBUNES OF THE COMMONS. 'Hse v pyv riaapltcrtv ifrLX4davreg &LsLtv roIroLT 7TrepL(asv ro rpdrog" iv ya pa ron'roivc ca' sbot la LSa.-HERODOT. III. 81. MEN love to complete what is imperfect, and to realize what is imaginary. The portraits of king Fergus and his successors in Holyrood palace The Roman history is were an attempt to give substance to the phantom names of the stillmeager and u erearly Scotch story; those of the founders of the oldest colleges in tar. the gallery of the Bodleian library betray the tendency to make much out of little, to labor after a full idea of those who are only known to us by one particular action of their lives. So it has fared with the early history of Rome; Romulus and Numa are like king Fergus; John of Balliol, and Walter of Merton, are the counterparts of Servius Tullius, and Brutus, and Poplicola. Their names were known, and their works were living; and men, longing to image them to their minds more completely, made up by invention for the want of knowledge, and composed in one case a pretended portrait, in the other a pretended history. There have been hundreds, doubtless, who have looked on the portrait of John of Balliol, and, imposed upon by the name of portrait and by its being the first in a series of pictures of which the greater part were undoubtedly copied from the life, have never suspected that the painter knew no more of the real features of his subject than they did themselves. So it is that we are deceived by the early history of the Roman commonwealth. It wears the form of annals, it professes to mark accurately the events of successive years, and to distinguish them by the names of the successive consuls, and it begins a history which, going on with these same forms and pretensions to accuracy, becomes, after a time, in a very large proportion really accurate, and ends with being as authentic as any history in the world. Yet the earliest annals are as unreal as John of Balliol's portrait; there is in both cases the same deception. I cannot as yet give a regular history of the Roman people; all that can be done with the first years of the commonwealth, as with the last of the monarchy, is to notice the origin and character of the institutions, and for the rest, to be contented with that faint outline which alone can be relied upon as real. The particulars of the expulsion of the last king of Rome, and his family and house, can only be given, as they already have been, in their poeti-The commons gained cal form. It by no means follows that none of them are historical, someth ing by the exbut we cannot distinguish what are so. But we may be certain, pulsion of Tarquinius, whether Brutus belonged to the commons, as Niebuhr thinks, or not, that the commons immediately after the revolution recovered some of the rights of which the last king had deprived them; and these rights were such as did not interfere with the political ascendancy of the patricians, but yet restored to the commons their character of an order, that is, a distinct body with an internal organization ï~~48 HISTORY OF ROME. [CHAP. VIIL of its own. The commons again chose their judges to decide ordinary civil causes when both parties belonged to their own order, and they again met in their Compitalia and Paganalia, the common festivals.of the inhabitants of the same neighborhood in the city and in the country. They also gained the important privilege of being, even in criminal matters, judges of their own members, in case of an appeal from the sentence of the magistrate. As a burgher might appeal to the people or great council of the burghers, so a commoner might appeal to the commons assembled in their tribes, and thus in this respect the two orders of the nation were placed on a footing of equality. It is said also that a great many of the richest families of the commons who belonged to the centuries of knights, or horsemen, were admitted as new patrician houses into the order of the patricians, or burghers, or people of Rome; for I must again observe, that the Roman people or burghers, and the Roman commons, will still for a long period require to be carefully distinguished from each other. In the first year of the commonwealth, the Romans still possessed the dominForeign relti.ns of ion enjoyed by their king; all the cities of the coast of Latium, as Rmi.n upte oftho we have already seen, were subjected to them as far as Terracina. alliance with the Latins. The territoryon Within twelve years, we cannot certainly say how much sooner, the right bank of the Tiber is conquerd by these were all become independent. This is easily intelligible, if we tho Etruocnos. othe Etruscans. nly take into account the loss to Rome of an able and absolute king, the natural weakness of an unsettled government, and the distractions produced by the king's attempts to recover his throne. The Latins may have held, as we are told of the Sabines' in this very time, that their dependent alliance with Rome had been concluded with king Tarquinius, and that as he was king no longer, and as his sons had beeni driven out with him, all covenants between Latium and Rome had become null and void. But it is possible also, if the chronology of the common story of these times can be at all depended on, that the Latin cities owed their independence to the Etruscan conquest of Rome. For that war, which has been given in its poetical version as the war with Porsenna, was really a great outbreak of the Etruscan power upon the nations southward of Etruria, in the very front of whom lay the Romans. In the very next year after the expulsion of the king, according to the common story, and certainly at some time within the period with which we are now concerned, the Etruscans fell upon Rome. The result of the war is, indeed, as strangely disguised in the poetical story as Charlemagne's invasion of Spain is in the romances. Rome was completely conquered; all the territory which the kings had won on the right bank of the Tiber was now lost.3 Rome itself was surrendered to the Etruscan conqueror;4 his sovereignty was fully acknowledged,5 the Romans gave up their arms and recovered their city and territory on condition of renouncing the use of iron6 except for implements of agriculture. But this bondage did not last long: the Etruscan power was broken by a great defeat sustained before Aricia; for after the fall of Rome the conquerors attacked Latium, and while besieging Aricia, the united force of the Latin cities, aided by the Greeks? of Cumin, succeeded in de' 1 A(Ka repi reTv ovptoXaliov. Dionysius, V. 2. " Deditio" meant may be seen by the form pre 2 Dionysius, V. 40. served by Livy, I. 88. SThis is confessed in the poetical story: only s The senate, says Dionysius, V. 84, voted him it is added that Porsenna, out of admiration for an ivory throne, a sceptre, a golden crown, and the Romans, gave the conquered land back triumphal robe. These very same honors had again to them after the war. But Niebuhr has been voted, according to the same writer, to the well observed that the Roman local tribes, which Roman king Tarquinius Priscus by the Etruswere thirty in number in the days of Ser. Tul- cans, as an acknowledgment of his supremacy, lius, appear reduced to twenty' in the earliest II. 62. mention of them after the expulsion of Tarquin- 0 Pliny, XXXIV. 14. In fcedere quod expulins; and it appears from the account of the Vei- sis regibus populo Romano dedit Porsenna, noentian war of 271, that the Roman territory could minatim comprehensum invenimus, ne ferro not then have extended much beyond the hill nisiin agriculturA uterentur. Compare l Samuel Janiculum. xiii. 19, 20. These passages from Tacitus and STacitus, Histor. III. 72. Sedem Jovis op- Pliny were first noticed by Beaufort in his Essay timi maximi,-quam non Porsenna dedita urbe, on the Uncertainty of the Early Roman History neque Galli capt, temerare potuissent. What Dionysius, V. 86, et VII. 2-11. ï~~CHr. VIII.] ROME AFTER THE END OF THE MONARCHY. 49 stroying their army, and in confining their power to their own side of the Tiber. Still, however, the Romans did not recover their territory on the right bank of that river, and the number of their tribes, as has been already noticed, was consequently lessened by one third, being reduced from thirty to twenty. Thus, within a short time after the banishment of the last king, the Romans lost all their territory on the Etruscan side of the Tiber, and all their Relations of Rome dominion over Latium. A third people were their immediate neigh- with the Sabi.ne. bors on the northeast, the Sabines. The cities of the Sabines reached, says Varro, from Reate, to the distance of half a day's journey from Rome, that is, according to the varying estimate of a day's journey,8 either seventy-five or a hundred stadia, about ten or twelve miles. But with the more distant Sabines of Reate, and the high valley of the Velinus, our history has yet no concern. The line of mountains which stretches from Tiber to the neighborhood of Narnia was a natural division between those Sabines who lived within it, and those who had settled without it, in the lower country nearer Rome. These last were the Sabines of Cures,9 twenty-four miles from Rome, of Eretum, five miles nearer to it, of Nomentum, about the same distance, of Collatia and Regillus, southward of the Anio, and in the midst of Latium; and at a more ancient period, these same Sabines possessed Crustumerium, Caenina, Antemnme, and, as we have seen, two of the very hills which afterwards made up the city of Rome. But living so near I o rr even in the midst of the Latins, these more lowland Sabines had become in some degree Latinized, and some of their cities partook in the worship of Diana on the Aventine," together with the Romans and the Latins, during the reign of the last king of Rome. Perhaps they also were his dependent allies, and, like the Latins, renounced their alliance with Rome immediately after his expulsion. At any rate, we read of a renewal of wars between them and the Romans four years after the beginning of the commonwealth, and it is said, that at this time Attus Clausus,' a citizen of Regillus, as he strongly opposed the war, was banished by his countrymen, and went over to the Romans with so large a train of followers, that he was himself received immediately as a burgher, gave his name to a new tribe, which was formed out of those who went over with him, and oltained an assignment of lands beyond the Anio, between Fidenm and Ficulea. But when we read of the lake Regillus as belonging to the territory of Tusculum," and when we also find Nomentum included amongst the thirty cities of the Latins, which concluded the great alliance with Rome, in the consulship of Spurius Cassius, we are inclined to suspect that the lowland Sabines about this time were forced to join themselves some with the Romans and some with the Latins, being pressed by both on different quarters, when the alliance between the three nations was broken up. Thus Collatia, Regillus, and Nomentum fell to the Latins; and then it may well have happened that the Claudii and Postumii, with their followers, may have preferred the Roman franchise to the Latin, and thus removed themselves to Rome; while if Niebuhr's conjecture be true, that the Crustuminian tribe as well as the Claudian was created at this time, we might suppose that Crustumeria,. and other Sabine cities in its neighborhood, whose very names have perished, united themselves rather with the Romans: certain it is that from this time forward we hear of no Sabine city nearer to Rome than Eretum, which, as I have already said, was nineteen miles distant from it. It is certain also that the first enlargement of the Roman territory, after its great diminution in the Etruscan war, took place towards the northeast, between the Tiber and the Anio; and here were the lands of the only new tribes that were added to the Roman nation, for the space of more than one hundred and twenty years3 after the establishment of the commonwealth. Herodotus reckons the day's journey in one 14 As appears from the story in Livy, I. 45. place at two hundred stadia, IV. 801, and in an- 2 Livy, II. 16. Dionysius, V. 40. other place at one hundred and fifty stadia, V. 58. 1 Livy, II. 19, "ad lacum Regillum in agro e Bunsen, "Antichi Stabilimenti Italici," in Tusculano." the Annali dell' Instituto. di Corrispondenza 1 The number of tribes continued to be Archeologica," Vol. VI. p. 183. twenty-one till three years after the invasion M 4 ï~~50 HISTORY OF ROME. [CHAP. VIII The chronology of this period is confessed by Livy'4 to be one mass of confusion; it was neither agreed when the pretended battle at the lake Of the fpretended iret. f the cens Regillus was fought, nor when the first dictator was created; and during this period. during this period. accordingly, Dionysius sets both events three years later than they are placed by Livy. But a far more surprising disorder is indicated by the returns of the census, if we may rely on them as authentic; for these make the number of Roman citizens between fifteen and sixteen years of age to have been one hundred and thirty thousand,'5 in the year following the expulsion of the Tarquinii; to have risen to one hundred and fifty thousand seven hundredt at the end of the next ten years, and again five years later to have sunk to one hundred and ten thousand.17 It should be added, that these same returns gave eighty-four thousand seven hundred as the number of citizens, at the first census of Servius Tullius; and for this amount Dionysius quotes expressly the tables of the census. Now, Niebuhr rejects the census of Servius Tullius as unhistorical, but is disposed to admit the authenticity of the others. Yet surely if the censor's tables are to be believed in one case, they may be in the other; a genuine record of the census of Servius Tullius might just as well have been preserved as that of Sp. Lucretius and P. Valerius Poplicola. And it is to be noted, that although Dionysius gives the return of the census taken by the dictator T. Lartius, as one hundred and fifty thousand seven hundred, yet he makes Appius Claudius, five years afterwards, give the number at one hundred and thirty thousand;18 and then, although Appius quotes this number as applying to the actual state of things, yet the return of the census, at the end of that same year, gives only one hundred and ten thousand. I am inclined to suspect that the actual tables of the census, before the invasion of the Gauls, perished in the destruction of the city; and that they were afterwards restored from the annalists, and from the records of different families, as was the case with the Fasti Capitolini. If this were so, different annalists might give different numbers, as they also give the names of consuls differently; and exaggeration might creep in here, as in the list of triumphs, and with much less difficulty. For although Niebuhr's opinion is no less probable than ingenious, that the returns of the census include the citizens of all those foreign states which enjoyed reciprocally with Rome each other's franchise, still the numbers in the period under review seem inconsistent, not only with the common arrangement of the events of these years, but with any probable arrangement that can be devised. For if the Latins and other foreigners are not included in the census of Poplicola, the number of one hundred and thirty thousand is incredibly large; if they are included, with what other states can we conceive the interchange of citizenship to have been contracted in the ten following years, so as to have added twenty thousand names to the return made at the end of that period? I am inclined, therefore, to think that the second pretended census of the commonwealth, taken by the dictator T. Lartius, which gives an amount of one hundred and fifty thousand seven hundred citizens within the military age, is a mere exaggeration of the annalist or poet, whoever he was, who recorded the acts of the first dictator. But the really important part of the history of the first years of the commonProgress of distress wealth is the tracing, if possible, the gradual depression of the coma.ongst the ommonos. mons to that extreme point of misery which led to the institution of the tribuneship. We have seen that, immediately after the expulsion of the king, the commons shared in the advantages of the revolution; but within a few years we find them so oppressed and powerless, that their utmost hopes aspired, the Gauls, when four new ones were added, rum modo sed etiam auctorum digerere pos Livy, VI. 5. sis. 4 II. 21. Tanti errores implicant temporum, 15 Dionysius, V. 20. uliter apud alios ordinatis magistratibus, ut nee 16 Dionysius, V. 715. qui consules secundum quosdam, nee quid quo- Dionysius, V. 96. que anno actum sit, in tanta vetustate non re- 1 Dionysius, V. 6. ï~~CHAP. VIII.] ROME AFTER THE END OF THE MONARCHY. 51 not to the assertion of political equality with the burghers, but merely to the obtaining protection from personal injuries. The specific character of their degradation is stated to have been this: that there prevailed19 among them severe distress, amounting in many cases to Its particular characactual ruin; that to relieve themselves from their poverty, they er, that they became were in the habit of borrowing money of the burghers; that the involved in debt. distress continuing, they became generally insolvent; and that as the law of debtor and creditor was exceedingly severe, they became liable in their persons to the cruelty of the burghers, were treated by them as slaves, confined as such in their workhouses, kept to task-work, and often beaten at the discretion of their taskmasters. In reading this statement, a multitude of questions suggest themselves. Explanations and discussions must occupy a large space in this part of our history, for when the poetical stories have been once given, there are no materials left for narrative or painting; and general views of the state of a people, where our means of information are so scanty, are little susceptible of liveliness, and require at every step to be defended and developed. The perfect character of history in all its freshness and fulness is incompatible with imperfect knowledge; no man can step boldly or gracefully while he is groping his way in the dark. A population of free landowners naturally engages the imagination; but such a state of society requires either an ample territory or an uninter- The causes which led scauses which led rupted state of peace, if it be dependent on agriculture alone. The ththis lstate of debt. The plundering invaRoman territory might be marched through in a day; and after sions of the neionborthe overthrow of the powerful government of Tarquinius, which, gnations. by the extent of its dominion, kept war at a distance, the lands of the Roman commons were continually wasted by the incursions of their neighbors, and were actually to a large extent torn away by the Etruscan conquest. The burghers suffered less, because their resources were greater: the public undivided land, which they alone enjoyed, was of a very different extent from the little lots assigned to each commoner, and besides, as being chiefly left in pasture, it suffered much less from the incursions of an enemy; a burgher's cattle might often be driven off in time to one of the neighboring strongholds, while a commoner's corn and fruit-trees were totally destroyed. Again, if commerce were forbidden to a commoner, it certainly was not to a burgher; and those whose trade with Sicily, Sardinia, and Africa was sufficiently important to be made the subject of a special treaty, were not, like the commoners, wholly dependent on a favorable season, or on escaping the plundering incursions of the neighboring people. Thus it is easy to conceive how, on the one hand, the commoner would be driven to borrow, and on the other how the burgher would be able to lend. The next step is also plain. Interest was as yet wholly arbitrary; and where so many were anxious to borrow, it was sure to be high. Thus The high rate of inter again the commons became constantly more and more involved et. and distressed, while the burghers engrossed more and more all the wealth of the community. Such a state of things the law of the Israelites had endeavored by every means to prevent or to mitigate. If a small proprietor found himself The severity of the law ruined by a succession of unfavorable seasons, or by an inroad of of debtor and creditor. the Philistines or Midianites, and was obliged to borrow of his richer neighbor, the law absolutely forbade his creditor to take any interest at all. If he were obliged to pledge his person for payment, he was not to serve his creditor without hope, for at the end of seven years, at the farthest, he was restored to his freedom, and the whole of his debt cancelled. Or if he had pledged his land to his creditor, not only was the right secured to him and to his relations of redeeming it at any time, but even if not redeemed it was necessarily to return to him or to his 1 See the story of the old centurion, in Livy, II. 28. ï~~52 HISTORY OF ROME. [CHIAP. VIII heirs in the year of jubilee, that no Israelite might by any distress be degraded for, ever from the rank of a freeman and a landowner. A far different fate awaited the plebeian landowner at Rome. When he found hiniself involved in a debt which he could not pay, his best resource was to sell himself to his creditor, on the condition that unless the debt were previously discharged, the creditor, at the expiration of a stated term, should enter into possession of his purchase. This was called, in the language of the Roman law, the entering into a nexum,20 and the person who had thus conditionally sold himself was said to be "nexus." When the day came, the creditor claimed possession, and the magistrate awarded it; and the debtor, thus given over to his purchaser, addictus, passed, with all that belonged to him, into his power; and as the sons were considered their father's property, they also, unless previously emancipated, were included in the sale, and went into slavery together with their father. Or if a man, resolved not by his own act to sacrifice his own and his children's liberty, refused thus to sell himself, or, in the Roman language, to enter into a nexum, and determined to abide in his own person the consequences of his own debt, then he risked a fate still more fearful. If, within thirty days after the justice of the claim had been allowed, he was unable to discharge it, his creditor might arrest him, and bring him before the court; and if no one then offered to be his security, he was given over to his creditor, and kept by him in private custody, bound with a chain of fifteen pounds weight, and fed with a pound of corn daily.- If he still could not, or would not, come to any terms with his creditor, he was thus confined during sixty days, and during this period was brought before the court in the comitium, on three successive market-days, and the amount of his debt declared, in order to seewhether any one would yet come forward in his behalf. On the third market-day, if no friend appeared, he was either to be put to death, or sold as a slave into a foreign land beyond the Tiber; that is, into Etruria, where there was as yet no interchange of franchise with Rome, amidst a people of a different language. Or if there were several creditors, they might actually hew his body in pieces; and whether a creditor cut off a greater or smaller piece than in proportion to his debt,2" he incurred no penalty. Aulus Gellius, who wrote in the age of the Antonines, declares that he had never heard or read of a single instance in which this concluding provision had been acted upon. But who was there to. record the particular cruelties of the Roman burghers in the third century of Rome? and when we are told generally that they enforced the law against their debtors with merciless severity, can we doubt that there were individual monsters, like the Shylock and Front de Bceuf of fiction, or the Earl of Cassilis of real history, who would gratify their malice against an obnoxius or obstinate debtor, even to the extremest letter of the law? It is more important to observe that this horrible law was continued in the twelve tables, for we cannot suppose it to have been introduced there for the first time; that is to say, that it made part of a code sanctioned by the commons, when they were triumphant over their adversaries. This shows, that the extremest cruelty against an insolvent debtor was not repugnant, in all cases, to the general feeling of the commons themselves, and confirms the remark of Gellius, that the Romans had the greatest abhorrence of breach of faith, or a failure in performing engagements, whether in private matters or in public. It explains also the long For this explanation of the term " Nexus," lock had in his bond omitted to insert. " Si see Niebuhr, Vol. I. p. 601, et seqq. Ed. 2. plus minusve secuerunt, se fraude esto" (" se" 21 See the Extracts from the law of the XII. is the old form for "sine"). Besides, the last tables in A. Gellius, XX. 1.Â~ 45, et seqq. Some penalty, reserved for him who continued obstimodern writers have imagined that the words nate, was likely to be atrocious in its severity. " partes secanto" were toJ be understood of a What do we think of the I peine foirte et dure" division of the debtor's property, and not of his denounced by the English law against a prisoner person; But Niebuhr well observes, that the who refused to plead? a penalty not repealed till following provision alone refutes such anotion; the middle of the last century, and quite as a provision giving to the creditor that very se- cruel as that of the law of the XII. tables, and eurity in the infliction of his cruelty, which Shy- not less unjust. ï~~CHAP. VIII.] ROME AFTER THE END OF TIHE MONARCHY. 53 patience of the commons under their distress, and, when at last it became too grievous to endure, their extraordinary moderation in remedying it. Severity against a careless or fraudulent debtor seemed to them perfectly just; they only desired protection in cases of unavoidable misfortune or wanton cruelty, and this object appeared to be fulfilled by the institution of the tribuneship, for the tribune's power of protection enabled him to interpose in defence of the unfortunate, while he suffered the law to take its course against the obstinate and the dis honest. Such a state of things, however, naturally accounts for the political degradation of the commons, and the neglect of the constitution of Servius The distress of the Tullus.The distress of the Tullius. The Etruscan conquest had deprived the Romans of their commons led to their arms: how, amidst such general distress, could the conimons again k. potly. provide themselves with the full arms of the phalanx; or how could they afford leisure for that frequent training and practice in warlike exercises, which were essential to the efficiency of the heavy-armed infantry? It may be going too far to say that the tactic of the phalanx was never in use after the establishment of the commonwealth; but it clearly never existed in any perfection. It is quite manifest, that if the heavy-armed infantry had constituted the chief force of the nation, and if that infantry, according to the constitution of Servius Tullius, had consisted exclusively of the commons, the commons and not the burghers would soon have been the masters of Rome; the comitia of the centuiries would have drawn all power to itself, the comitia of curia would have been abolished, as incompatible with the sovereignty of the true Roman people. The comitia of the tribes would have been wholly superfluous, for where could the commons have had greater weight than in an assembly where they formed exclusively every century except six? Whereas the very contrary to all this actually happened: the commons remained for more than a century excluded from the government; the curim retained all their power; the comitia of tribes were earnestly desired by the commons, as the only assembly in which they were predominant; and when, after many years, we can trace any details of the comitia of centuries, we find them in great measure assimilated to those of the tribes, and the peculiarity of their original constitution almost vanished. But the comitia of centuries were not an assembly in which the commons were all-powerful. We are expressly told2 that the burghers' clients Influence exercised by voted in these centuries; and these were, probably, become a more theirbur hers throt e wealthy and a more numerous body, in proportion as the commons comitia of centuries. became more and more distressed and miserable. If a third part of the commons had lost their lands by the event of the Etruscan war, if a large proportion of the rest were so involved in debts that their property was scarcely more than nominally their own, we may feel quite sure that there would be many who would voluntarily become clients, in order to escape from their actual misery. What they lost, indeed, by so doing, was but little in comparison of what they gained; they gave up their order, they ceased to belong to a tribe, and became personally dependent on their patron; but, on the other hand, they might follow any retail trade or manufacture; they retained their votes in the comitia of centuries, and were saved by the protection of their patron from all the sufferings which were the lot of the insolvent commoner. For as the patron owed his client protection, he was accounted infamous if he allowed him to be reduced to beggary: and thus we read of patrons granting lands to their clients, which, although held by them only at will, were yet, under present circumstances, a far more enviable possession than the freeholds of the commons. And whilst the clients had thus become more numerous, so they would also, from the same causes, become more wealthy, and a greater number of them would thus be enrolled in the higher classes, whilst the commons, on the other hand, were continually sinking to the lower. 22 Livy, II. 64. Irata plebs interesse consularibus comitiis noluit. Per patres, clientesque patrum consules creati. ï~~54 HISTORY OF ROME. [CHAr. VIII Yet, amidst the general distress of the commons, we meet with an extraordiSeparatioc ofthe rich nary statement in one of the speeches" in Dionysius, that more than.romo.nsfrom the four hundred persons had been raised in one year from the infanmoos of their order. mass of their order try to the cavalry service on account of their wealth. This, strange as it seems at first, is probable, and full of instruction. When money bore so high a rate of interest, capital was sure to increase itself rapidly, and in a time of distress, whilst many become poorer, there are always some also who, from that very circumstance, become richer. The rich commons were thus likely to increase their fortunes, whilst the poorer members of their order were losing every thing. It was, then, the interest of the burghers to separate these from the mass of the commons, and to place them in a class which already seems to have acquired its character of a moneyed and commercial interest; a class which resigned the troubles and the honors of political contests for the pursuit and safe enjoyment of riches. Further, the removal of the richest commoners from the infantry service rendered the organization of the phalanx more and more impracticable, and thus preserved to the burghers, whether serving as cavalry or heavy-armed infantry, their old superiority; for that the burghers in these times did sometimes serve on foot,24 although generally they fought cn horseback, is proved not only by the story of L. Tarquitius, whose poverty, it is said, had forced him to do so, but by the legend of the valiant deeds of Caius Marcius, and of the three hundred Fabii who established themselves on the Cremera. It is probable that, when occasion required it, they were the principes in rich armor who fought in the van of the infantry, although, in ordinary circumstances, they fought on horseback; and as the infantry of the neighboring nations was not better organized than their own, the horsemen in these early times are constantly described as deciding the issue of the battle. Thus the monarchy was exchanged for an exclusive aristocracy, in which the The g.vroment be- burghers or patricians possessed the whole dominion of the state. romeo.oen ousi For, mixed as was the influence in the assembly of the centuries, a stocracy. and although the burghers through their clients exercised no small control over it, still they did not think it safe to intrust it with much power. In the election of consuls, the centuries could only choose out of a number of patrician or burgher candidates; and even after this election it remained for the burghers in their great council in the curim to ratify or to annul it, by conferring upon, or refusing to the persons so elected, "the Imperium;" in other words, that sovereign power which belonged to the consuls as the successors of the kings, and which, except so far as it was limited within the walls of the city, and a circle of one mile without them, by the right of appeal, was absolute over life and death. As for any legislative power, in this period of the commonwealth, the consuls were their own law. No doubt the burghers had their customs, which, in all great points, the consuls would duly observe, because otherwise, on the expiration of their office, they would be liable to arraignment before the curiam, and to such punishment as that sovereign assembly might please to inflict; but the commons had no such security, and the uncertainty of the consuls' judgments was the particular grievance which afterwards led to the formation of the code of the twelve tables. We are told, however, that within ten years of the first institution of the conA. U. C. 53. A.C.4499. suls, the burghers found it necessary to create a single magistrate Institution of the dicta- with powers still more absolute, who was to exercise the full sovtorship. ereignty of a king, and even without that single check to which the kings of Rome had been subjected. The Master of the people,3 that is, of the 23 That of M. Valerius on resigning his dic- foot, are given by Dionysius, VI. 83, and VIII: tatorship in the year 260. See Dionysius, VI. 67 and by Livy, II. 65. III. 62. IV. 88. 48-45. 5"Magister populi." See Varro, de Ling. 24 Instances of battles won by the cavalry, Lat. V. 82. Ed. Iviiller, et Festus in " optima when they had left their horses and fought on lex." ï~~CHAP. VIII.] ROME AFTER THE END OF THE MONARCHY. 55 burghers, or, as he was otherwise called, the Dictator, was appointed, it is true, for six months only; and therefore liable, like the consuls, to be arraigned, after the expiration of his office, for any acts of tyranny which he might have committed during its continuance. But whilst he retained his office he was as absolute within the walls of the city, as the consuls were without them; neither commoners nor burghers had any right to appeal from his sentence, although the latter had enjoyed this protection in the times of the monarchy. This last circumstance seems to prove that the original appointment of the dictator was a measure of precaution against a party amongst the burghers themselves, rather than against the commons; and gives a probability to that tradition" which Livy slighted, namely, that the consuls who were for the first time superseded by "the Master of the burghers," were inclined to favor the return of the exiled king. It is not likely that they were the only Romans so disposed: and if a strong minority amongst the burghers themselves, and probably a large portion of the commons, were known to favor the restoration of the old government, it is very intelligible that the majority of the burghers should have resolved to strengthen the actual government, and to appoint an officer who might summarily punish all conspirators, of whatever rank, whether belonging to the commons or to the burghers. If the consuls were superseded by the dictator because they could not be relied upon, we may be quite sure that the appointment was not left to their free choice."7 One of the consuls received the name of the person to be declared dictator from the senate; he then declared him dictator, and he was confirmed and received the imperium by a vote of the great council of the curie. The dictator must previously have held the highest magistracy in the state," that is, he must have been prmtor, the old title of the consuls. Thus, afterwards, when the powers of the original pretors were divided between the consuls and prmtors of the later constitution, any man who had been prmtor was eligible to the dictatorship, no less than one who had been consul. Together with the Master of the burghers, or dictator, there was always appointed the Master of the knights or horsemen. In later times this The Master of the officer was always named by the dictator himself, but at first it knightsorhorsemen. seems as if both alike were chosen by the senate. The Master of the knights was subject, like every other citizen, to the Master of the burghers; but his own authority was equally absolute within his own jurisdiction, that is, over the knights and the rest of the commons. Lydus expressly says that from his sentence there was no appeal; Varro says that his power was supreme29 over the knights and over the accensi; but who are meant by this last term it is difficult to determine. Fifteen years after the expulsion of Tarquinius, the commons, driven to despair by their distress, and exposed without protection to the ca- Secession of hcompricious cruelty of the burghers, resolved to endure their degraded,o.andfith appotstate no longer. The particulars of this second revolution are as menot of the tribunes. uncertain as those of the overthrow of the monarchy; but thus much is certain, and is remarkable, that the commons sought safety, not victory; they desired to escape from Rome, not to govern it. It may be true that the commons who were left in Rome gathered together0 on the Aventine, the quarter appropriated to their order, and occupied the hill as a fortress; but it is universally agreed that the most efficient part of their body, who were at that time in the field as soldiers, deserted their generals, and marched off to a hill3' beyond the Anio; that is, to a spot beyond the limits of the Ager Romanus, the proper territory of the 26 Ex factione Tarquinia essent (consules), i 29 "Magister equitum, quod summa potestas quoque enim traditur, parum creditum sit. hujus in equites et accensos." Varro, de L. L., Livy, II. 81. V. 82. Ed. Muiller. See on this point Niebuhr, Vol. I. p. 591, 30 "Piso auctor est in Aventinum secessioet seqq. nem factam." Livy, II. 32. So also Cicero, do 28 Consulares legere." Livy, II. 18. This, Republica, II. 33, and Sallust, Fragm. Histor. in the language of the time, would have been I. 2. " prtetorios legere." 31 "Trans Anienem amnem est." Livy, I. 82. ï~~HISTORY OF ROME. [CHAP. VIIi, burghers, but within the district which had been assigned to one of the newly created tribes of the commons, the Crustuminian.2 Here they established themselves, and here they proposed to found a new city of their own, to which they would have gathered their families, and the rest of their order who were left behind in Rome, and have given up their old city to its original possessors, the burghers and their clients. But the burghers were as unwilling to lose the services of the commons, as the Egyptians in the like case to let the Israelites go, and they endeavored, by every means, to persuade them to return. To show how little the commons thought of gaining political power, we have only to notice their demands. They requireds a general cancelling of the obligations of insolvent debtors; and the release of all those whose persons, in default of payment, had been assigned over to the power of their creditors: and, further, they insisted on having two4 of their own body acknowledged by the burghers as their protectors; and to make this protection effectual, the persons of those who afforded it were to be as inviolable as those of the heralds; the sacred messengers of the gods; whosoever harmed them was to be held accursed, and might be slain by any one with impunity. To these terms the burghers agreed; and a solemn treaty was concluded between them and the commons, as between two distinct nations; and the burghers swore for themselves, and for their posterity, that they would hold inviolable the persons of two officers, to be chosen by the centuries on the Field of Mars, whose business it should be to extend full protection to any commoner against a sentence of the consul; that is to say, who might rescue any debtor from the power of his creditor, if they conceived it to be capriciously or cruelly exerted. The two officers thus chosen retained the name which the chief officers of the commons had borne before: they were called Tribuni, or tribe-masters; but instead of being merely the officers of one particular tribe, and exercising an authority only over the members of their own order, they were named tribunes of the commons at large, and their power, as protectors in stopping any exercise of oppression towards their own body, extended over the burghers, and was by them solemnly acknowledged. The number of the tribunes was, probably, suggested by that of the consuls;35 there were to be two chief officers of the commons, as there were of the burghers. When these conditions had been formally agreed to, the commons returned to Rome. The spot on which this great deliverance had been achieved became to the Romans what Runnymede is to Englishmen: the top of the hill36 was left forever unenclosed and consecrated, and an altar was built on it, and sacrifices offered to Jupiter, who strikes men with terror and again delivers them from their fear; because the commons had fled thither in fear, and were now returning in safety. So the hill was known forever by the name of the Sacred Hill. 52 Hence Varro calls it " secessio Crustumerina," de L. L., V. 81. Ed. M iller. 33 Dionysius, VI. 88-89. 4 " Two" is the number given by Piso (Livy, II. 58), and by Cicero, Fragm. pro Cornelio, 23. Ed. Nobb., et de Republic, II. 34. "Two," according to Livy and Dionysius, were originally created, and then three more were added to the number immediately. According to Piso, there were only two for the first twenty-three years, and by the Publilian law they became five. Fourteen years after this, in 297, the number, according to Livy and Dionysius, was raised to ten. (Livy, III. 30. Dionys. X. 80.) But Cicero, in his speech for the tribune Cornelius, says that ten were chosen in the very next year after the first institution of the office, and chosen by the comitia curiata. So great are the varieties in the traditions of these times. Possibly, however, the number really was altered backwards and forwards; and it may have been raised to ten in the year 261, when Sp. Cassius was consul, and afterwards reduced to its original number, when his popular measures were repealed or set aside by the opposite party. With regard to the curie, I agree with Niebuhr, that their share in the appointment of the tribunes must have been rather a confirmation or rejection of the choice of the centuries, than an original election. This the curie would claim at every election made by the centuries; and it was the object of the Publilian law to get rid of this claim, amongst other advantages, by transferring the appointment to the comitia of the tribes. 5 Or, as Niebuhr supposes, by the number of tribes, at this time reduced to twenty-one, so that each decury of tribes should have one tribune of its own. But the odd number, twentyone, may seem to make against this supposition. 1 Dionysius, VI. 90. ï~~Cnsr. IX.] SPURIUS CASSIUS-LEAGUE WITH THE LATINS. 5, Thus the dissolution of the Roman nation was prevented; the commons had gained protection; their rights as an order were again and more fully recognized; their oppressions were abated; better times came to relieve their distress, and they became gradually more and more fitted for a higher condition, to become citizens and burghers of Rome in the fullest sense, sharing equally with the old burghers in all the benefits and honors of their common country. CHAPTER IX. SPURIUS CASSIUS-THE LEAGUE WITH THE LATINS AND HERNICANS-THE AGRARIAN LAW.-A. U. C. 261-269. " The noble Brutus IHath told you, Cesar was ambitious. If it were so, it was a grievous fault, And grievously hath Cesar answered it." Of rpoardra roi e4bov, rs roX s coi yvotvro, rvpavvidL rsrievro 7advrec i roiro ipwv 6ir ro pjeov 7rLere v9vre5, fR 7ricrtg ',v j iarixSLa b rp rou 7r ouwovs..-AlIsToT. P olitic. V. 5. BRUTUS and Poplicola were no doubt real characters, yet fiction has been so busy with their actions, that history cannot venture to admit them within her own proper domain. By a strange compensation of fortune, the first Roman whose greatness is really historical, is the man whose deeds no poet sang, and whose memory the early annalists, repeating the language of the party who destroyed him, have branded with the charge of treason, and attempted tyranny. This was Spurius Cassius. Amidst the silence and the calumnies of his enemies, he is known as the author of three works to which Rome owed all her future greatness; he concluded the league with the Latins in his second consulship, in his third he concluded the league with the Hernicans, and procured, although with the price of his own life, the enactment of the first agrarian law. I. We know that the Latins were in the first year of the commonwealth subject to Rome. We know that almost immediately afterwards League with the, they must have become independent; and it is probable that they insmay have aided the Tarquinii in some of their attempts to effect their restoration. But the real details of this period cannot be discovered: this only is certain, that in the year of Rome 261, the Latin confederacy, consisting of the old national number of thirty cities, concluded a league with Rome on terms of perfect equality; and the record of this treaty, which existed at Rome on a brazen pillar' down to the time of Cicero, contained the name of Spurius Cassius, as the consul who concluded it, and took the oaths to the Latin deputies on behalf of the Romans. It may be that the Roman burghers desired to obtain the aid of the Latins against their own commons, and that the fear of this union led the commons at the Sacred Hill to be content with the smallest possible concessions from their adversaries; but there was another cause for the alliance, no less natural, in the common danger which threatened both Rome and Latium from the growing power of their neighbors on the south, the Oscan, or Ausonian, nations of the.fEquians and the Volscians. The thirty cities which at this time formed the Latin state, and concluded the 'Cicero pro Balbo, 28. Livy, II. 33. ï~~58 HISTORY OF ROME. [CHAP. IX A..c..1.The ti. league with Rome, were these:2 Ardea, Aricia, Bo ille, Bubenty states of tum. turn, Corniculum, Carventum, Circeii, Corioli, Corbio, Corn, For. Conditifthleg tuna or Foretii, Gabii, Laurentum, Lanuvium, Lavinium, Lavici, Nomentum, Norba, Prmeneste, Pedum, Querquetulum, Satricum, Scaptia, Setia, Tellena, Tibur, Tusculum, Toleria, Tricrinum, Velitrm. The situation of several of these places is unknown; still the list clearly shows to how short a distance from the Tiber the Roman territory at this time extended, and how little was retained of the great dominion enjoyed by the last kings of Rome. Between this Latin confederacy and the Romans there was concluded a perpetual league:' "There shall be peace between them so long as the heaven shall keep its place above the earth, and the earth its place below the heaven: they shall neither bring nor cause to be brought any war against each other, nor give to each other's enemies a passage through their land; they shall aid each other when attacked with all their might, and all spoils and plunder won by their joint arms shall be shared equally between them. Private causes shall be decided within ten days, in the courts of that city where the business which gave occasion to the dispute may have taken place." Further, it was agreed that the command of the Roman and Latin armies, on their joint expeditions, should one year4 be given to the Roman general, and another to the Latin: and to this league nothing was to be added, and nothing taken away, without the mutual consent of the Romans and the confederate cities of the Latins. II. Seven years afterwards the same Spurius Cassius, in his third consulship,5 A. v. c.26s. League concluded a similar league with the cities of the Hernicans. The with the Hernit s. Hernicans were a Sabine, not a Latin people, and their country lay chiefly in that high valley which breaks the line of the Apennines at Prmneste, and running towards the southeast, falls at last into the valley of the Liris. The number of their cities was probably sixteen; but with the exception of Anagnia, Verulme, Alatrium, and Ferentinum, the names of all are unknown to us. They, like the Latins, had been the dependent allies of Rome under the last Tarquinius; they, too, had broken off this connectibn after the establishment of the commonwealth, and now renewed it on more equal terms for mutual protection against the.fEquians and Volscians. The situation of their country, indeed, rendered their condition one of peculiar danger; it lay interposed in the very midst of the country of these enemies, having the.AEquians on the north, and the Volscians on the south, and communicating with the Latin cities and with Rome only by the opening in the Apennines already noticed under the citadel of Prmneste. 2 Dionysius, V. 61. I have followed the readings of the Vatican MS. given in the various readings in Reiske's Edition, with Niebuhr's corrections, Vol. II. p. 19, 2d Ed. 3 Dionysius, VI. 95. 4 Cincius de Consulum Potestate, quoted by Festus in "Prntor ad Portam." The whole passage is remarkable. " Cincius ait, Albanos rerum potitos usque ad Tullum regem: Alba deinde diruta usque ad P. Decimn Murem cos. populos Latinos ad caput Ferentin, quod est sub Monte Albano, consulere solitos, et imperium communi consilio administrare. Itaque quo anno Romanos imperatores ad exercitum mittere oporteret jussu nominis Latini, complures nostros in Capitolio a sole oriente auspiciis operam dare solitos. Ubi ayes addixissent, milltern illum qui a communi Latio missus esset, ilium quem ayes addixerant pratorem salutare solitum, qul eamrn provinciam obtineret prntoris nomine." Cincius lived in the time of the second Punic war, and his works on various points ofRoman law and antiquities were of high value. His statement, which bears on the face of it a character of authenticity, is quite in agreement with what Dionysius reports of the treaty itself, and only gives an additional proof of the'-systematic falsehood of the Roman annals in their accounts of the relations of Rome with foreigners. It is true that the words of Cincius, " quo anno," do not expressly assert that the command was held by a Roman every other year; and it may be that after the Hernicans joined the alliance, the Romans had the command only once in three years. But as the Latin states were considered as forming one people, and the Romans another, it is most likely that so long as the alliance subsisted between these two parties only, the command shifted from the one to the other year by year. 5 Dionysius, VIII. 69. T g spas 'Epvyica E f veyxeV bpoloyag " avrat a' aav itvrtypapo ri rpas Aarivov syevoapvov. Amongst other clauses, therefore, of the treaty was one which secured to the Hernicans their equal share of all lands conquered by the confederates; namely, one-third part. This is disfigured by the annalist, whom Livy copied, in a most extraordinary manner; he represented the Hernicans as being deprived by the treaty of two-thirds of their own land. " Cum Hernicis fedus ictum, agri partes dui ademtne." Livy, II. 41. ï~~CHAP. IX.] THE AGRARIAN L.4W. 59 On the other hand, the Romans were glad to obtain the willing aid of a brave and numerous people, whose position enabled them to threaten the rear of the Volscians, so soon as they should break out from their mountains upon the plain of Latium or the hills of Alba. Thus by these two treaties with the Latins and Hernicans, Spurius Cassius had, so far as was possible, repaired the losses occasioned to the importance of these two Roman power by the expulsion of Tarquinius, and had reorganized treaties. that confederacy to which, under her last kings, Rome had been indebted for her greatness. The wound was healed at the very critical moment, before the storm of the great Volscian invasions burst upon Latium. It happened of necessity that the Latins, from their position, bore the first brunt of these attacks; Rome could only be reached when they were conquered: whereas, had it not been for the treaty concluded by Spurius Cassius, the Volscians, on their first appearance in Latium, might have been joined by the Latins; or the surviving cities of the confederacy, after the conquest of some of their number, might have taken refuge under the protection of the conquerors. But in restoring the league with the Latins and Hernicans, Spurius Cassius had only adopted a part of the system of the Roman kings. sp. Cassius proposes an Another, and a far more difficult part, yet remained: to strengthen agrarian law. the state within; to increase the number of those who, as citizens, claimed their share of the public land, and out of this public land to relieve the poverty of those who united the two inconsistent characters of citizenship and beggary. Spurius Cassius proposed, what tradition ascribed to almost every one of the kings as amongst his noblest acts, an agrarian law. But he was not a king; and it is but too often a thankless act in the eyes of the aristocracy, when one of their own members endeavors to benefit and to raise the condition of those who are not of his own order. If, amongst Niebuhr's countless services to Roman history, any single one may claim our gratitude beyond the rest, it is his explanation of the Th true character of true nature and character of the agrarian laws. Twenty-four th agian e.wsas years have not yet elapsed since he first published it, but it has buhr. already overthrown the deeply rooted false impressions which prevailed universally on the subject; and its truth, like Newton's discoveries in natural science, is not now to be proved, but to be taken as the very corner-stone of all our researches into the internal state of the Roman people. I am now to copy so much of it as may be necessary to the right understanding of the views and merits of Spurius Cassius. It seems to have been a notion generally entertained in the ancient world, that every citizen of a country should be a landholder, and that the Of the publio or deterritory of a state, so far as it was not left unenclosed or reserved..ne laud tin s...cient commonwealths for public purposes, should be divided in equal portions amongst and its occupation. the citizens. But it would almost always happen that a large part of it was left unenclosed; the complete cultivation of a whole country, without distinction of soil, being only the result of an excess of population, and therefore not taking place till a late period. The part thus left out of cultivation was mostly kept as pasture, and a revenue was raised from it, not only from every citizen who had turned out sheep or cattle upon it, but also from strangers, who, although incapable of buying land, might yet rent a right of pasture for their flocks and herds. But when a new territory was gained in war, the richer parts of it already in cultivation were too valuable to be given up to pasture; while, on the other hand, if they were divided, the division could only follow the general rule, and allot an equal portion to every citizen. In these circumstances, it was the practice at Rome, and doubtless in other states of Italy, to allow individuals to occupy such lands, and to enjoy all the benefits of them, on condition of paying to the state the tithe of the produce as an acknowledgment that the state was the proprietor of the land, and the individual merely the occupier. With regard to the state, ï~~60 HISTORY OF ROME. [CHAP. 1L the occupier was merely a tenant at will; but with respect to other citizens, he was like the owner of the soil, and could alienate the land which he occupied either for a term of years or forever, as much as if he had been its actual proprietor. This public land thus occupied was naturally looked to as a resource on every rortions of it were admission of new citizens. They were to receive their portion of granted to new citizens. freehold land, according to the general notion of a citizen's condition; but this land could only be found by a division of that which belonged to the public, and by the consequent ejectment of its tenants at will. Hence, in the Greek states, every large accession to the number of citizens6 was followed by a call for a division of the public land; and as this division involved the sacrifice of many existing interests, it was regarded with horror by the old citizens,' as an act of revolutionary violence. For although the land was undoubtedly the property of the state, and although the occupiers of it were in relation to the state mere tenants at will, yet it is in human nature that a long undisturbed possession should give a feeling of ownership, the more so, as while the state's claim lay dormant, the possessor was in fact the proprietor; and the land would thus be repeatedly passing by regular sale from one occupier to another. And if there was no near prospect of the state's claiming its right, it is manifest that the price of land thus occupied would, after some years of undisturbed possession, be nearly equal to that of an actual freehold. Under such circumstances the English law, with its characteristic partiality to The occupier s of the individual and existing interests, would no doubt have decided, as wabaltd eed y- it did in the somewhat similar case of the copyholds, that the ways he ejected at thtoewheo cpaoas h pleasure of the state. occupier could not be ejected so long as he continued to pay his tithe to the state. The Roman law, on the other hand, in a spirit no less characteristic, constantly asserted the utterly precarious tenure of the occupier,8 whenever the state might choose to take its property into its own hands. And accordingly, most of the kings of Rome are said to have carried an agrarian law, that is, to have divided a portion, more or less, of the public land amongst those whom they admitted to the rights of citizenship. Yet it was understood that these new citizens, the Roman commons, although they received their portion of land as freehold, whenever the public land was divided, had still no right to occupy it' while it lay in the mass unallotted; while the old burghers, who SAovrtvot--roAirat re rsypdiiavro roaXoic, cati & d o rilv yiv irov6et Avad dcaaOat. Thucyd. V. 4. So, again, when the Cyrenmans in Africa wished to increase the number of their citizens, they invited over any Greek that chose to come, holding out the temptation of an allotment of land. Herodotus, IV. 159. '7 Hence it was a clause of the oath taken by every member of the court of Helima at Athens, that he would allow no division of the land of the Athenians (Demosthen. Timocrat. p. 746); by which it was not meant that there was any dream of a division of the private property of Athenian citizens, but of the public land of the commonwealth, which being beneficially enjoyed by the existing citizens, could not, without loss to them, be allotted out to furnish freehold properties, scOpot, for any citizens newly admitted to the franchise. 8 I have used the words "occupation" and t occupier," rather than " possession" and c possessor," to express the Latin terms " possessio" and "possessor," because the English word "possession" is often usedto denote what is a man's own property, whereas it was an essential part of the definition of "possessio," that it could relate only to what was not a man's own property. Hence the clause in the Licinon law, "Ne quis plus quingenta jugera agri possideret," was understood by every Roman without the addition of the word "publici" to " agri," because the word " possidere" could not in a legal sense apply to private property, although there is no doubt that in common language it is often found in that signification. SThis was because the plebs was not yet considered to be a part of the populus: bIpos and nd6X, were still carefully distinguished, and the state, or people, or burghers, claimed the exilusive administration of what may be called the corporate property of the state. Those who are acquainted with the affairs of the colleges of the English universities will recollect the somewhat similar practice there with regard to fines. Whatever benefits arise out of the administration of the college property belong exclusively to the ruling part of the society: the fellows engross the fines to themselves, just as the burghers at Rome enjoyed the exclusive right of occupying the publie land. But the rents of college lands are divided in certain fixed proportions amongst the fellows and scholars, the populus and plebs of the society. And a law which should prohibit the practice of taking a fine on the renewal of a lease of college property, and should order the land to be let at its full value, in order to secure to the scholars their due share in all the benefits aris ï~~CHAP. IX.] THE AGRARIAN L &W, 61 enjoyed exclusively the right of occupation with regard to the undivided public land, had no share in it whatever when it was divided, because they already enjoyed from ancient allotment a freehold property of their own. Thus the public land was wholly unprofitable to the commons, so long as it was undivided, and became wholly lost to the burghers whenever it was divided. Now twenty-four years after the expulsion of Tarquinius, there must have been at least as great need of an agrarian law as at any former An agrarian law was period of the Roman history. The loss of territory on the right pgreodofneeeodat this bank of the Tiber, and all those causes which had brought on the tory. general distress of the commons, and overwhelmed them hopelessly in debts, called aloud for a remedy; and this remedy was to be found, according to precedent no less than abstract justice, in an allotment of the public land. For as the burghers who occupied this land had even grown rich amidst the distress of the commons, so they could well afford to make some sacrifice; while the reservation to them of the exclusive right of occupying the public land till it was divided, held out to them the hope of acquiring fresh possessions, so soon as the nation, united and invigorated by the proposed relief, should be in a condition to make new conquests. Spurius Cassius accordingly proposed an agrarian law1Â~ for the division of a certain proportion of the public land, while from the occupiers of Spurius cassisu pro the remainder, he intended to require the regular payment of the roe lo aw, o wohbyi to tithe, which had been greatly neglected, and to apply the revenue the burghers. thus gained to paying the commons, whenever they were called out to serve as soldiers. Had he been king he could have carried the measure without difficulty, and would have gone down to posterity invested with the same glory which rendered sacred the memory of the good king Servius. But his colleague, Proculus Virginius,n headed the aristocracy in resisting his law, and in maligning the motives of its author. His treaties with the Latins and Hernicans were represented as derogating from the old supremacy of Rome; and this cry roused the national pride even of the commons against him, as, four centuries afterwards, a similar charge of sacrificing the rights of Rome to the Italian allies ruined the popularity of M. Drusus. Still it is probable that the popular feeling in favor of his law was so strong, that the burghers yielded to the storm for the moment, and consented to pass it." They followed the constant policy of an aristocracy, ing out of the college property, would give no bad idea of the nature and objects of an agrarian law at Rome. 10 1 have here followed Niebuhr (Vol. II. 188, 2d ed.) in assuming as the original proposal of Cassius, what is represented in Dionysius as the proposal of A. Sempronius Atratinus, to which the senate assented. Dionysius, VIII. 75 76. li Livy, II. 41. This was the great quarrel between the nobles and the commons in Castile. The commons complained that the crown domains had been so granted away to the nobles, that now, as the nobles were exempt from taxation, the commons were obliged to defray all the expenses of the public service at their own private cost. And it was the commons' insistming that the nobles should give up the domains as being strictly public property, which determined the nobles to take part with the crown, in the famous war of the commons in the reign of Charles V. See Ranke, Fursten und Volker von Sid-Europa. Vol. I. p. 218. 12 See Niebuhr, Vol. II. p. 196. He argues, that as the tribunes, before the Publilian laws, had no power of originating any legislative measure, and as we hear of their agitating the question of the agrarian law, year after year from the death of Cassius, the fact must have been that the law was passed, and its execution fraudulently evaded; and that the tribunes demanded no more than the due execution of an existing law. And he supposes that the words of Dionysius, rorro r al6ypa ld 6V hr tov invtexOsy, rdv re Kdarcrov lravees rlpaywyiaS icai rilv avaopptco fiv EK TWv vrcvrwv OTrdaLV oni d'ae r'epatrrp o po EA ev, VIII. 76, are taken from some Roman annalist, who by the words "ad populum latum" meant the old populus, the assembly of the burghers in their curie. At any rate, the words dgT rav iov dEoeve xOev seem to imply more than the mere communicating to the people the knowledge of a decree of the senate. They must apparently signify that the decree of the senate, as a rpof3oAsvga, was submitted to the people for its acceptance and ratification; and this t"people" must have been the burghers in their curie, and by its being stated that the bringing the measure before the people put an end to the agitation, it must surely be conceived that the measure was not rejected, but passed. For the'words, i svpLVne T r7-6 jaov, as signifying "to submit a measure to the people for their confirmation of it," it can hardly be necessary to quote instances, rour (vyypaotagevyyp avra yvpvII. v67 yivS r v, ov.Thucyd. VIII. 67. ï~~62 HISTORY OF ROME. [CIIAP.X to separate the people from their leaders, to pacify the former by a momentary resignation of the point in dispute, and then to watch their time for destroying the latter, that so when the popular party is deprived of its defenders, they may wrest from its hands that concession which it is then unable to retain. When, therefore, the year was over, and Spurius Cassius was no longer consul, Spunrius Cassius is im- the burghers knew that their hour of vengeance had arrived. poho, borem te Ser. Cornelius and Quintus Fabiust" were the new consuls; Kmeso berghees, condemned, and executed. Fabius, the consul's brother, and Lucius Valerius, were the inquisitors of blood, questores parricidii, who, as they tried all capital offences subject to an appeal to the burghers or commons, were also empowered to bring any offender at once before those supreme tribunals, instead of taking cognizance of his case themselves. Cassius was charged with a treasonable attempt to make himself king, and the burghers, assembled in their curiae, found him guilty. He shared the fate of Agis and of Marino Falieri; he was sentenced to die as a traitor, and was, according to the usage of the Roman law, scourged and beheaded, and his house razed to the ground, CHAPTER X. ASCENDENCY OF THE ARISTOCRACY-THE FABII AND THEIR SEVEN CONSULSHIPS-THE PUBLILIAN LAW.-A. U. C. 269-288. 'HavxtavIx se to x hsafa Kardi Kr~T tV rov'roTv a ers K4tolpo 5 I irdex v re 3atoov, dKai ayqn, iv46pts. --THUCoYD. VIII. 66. "Les abus rfcens avaient brav6 la force et dipass6 la prfvoyance des anciennes lois: ii fallait des garanties nouvelles, explicites, rev~tues de la sanction du parlement tout entier. C'ftait no rien faire que de renouveler vaguement des promesses tant de fois violees, des statuts si longtemps oublifs."-GUIzor, Rvolution d'Angleterre, Livre I. p. 45. THE release of all existing debts by the covenant concluded at the Sacred Hill, and the appointment of the tribunes to prevent any tyrannical enThe burghers claim the excosive appoint- forcement of the law of debtor and creditor for the time to come, met of the conss. had relieved the Roman commons from the extreme of personal degradation and misery. But their political condition had made no perceptible advances; their election of their own tribunes was subject to the approval of the burghers; and their choice of consuls, subject also to the same approval, was further limited to such candidates as belonged to the burghers' order. Even this, however, did not satisfy the burghers; the death of Spurius Cassius enabled them to dare any usurpation; while on the other hand, they needed a more absolute power than ever, in order to evade their own concession in consenting to his agrarian law. Accordingly, they proposed to elect' the consuls themselves, " Livy, II. 41. ation then made in the constitution. And Zo1 See Niebuhr, Vol. II. p. 202, et seqq. Dio- naras, who copies Dion Cassius, says expressly nysius and Livy both ascribe the election of that the commons, in the year 278, insisted on.2Emilius and Fabius to the influence of the pa- electing one of the consuls, for at that time both tricians; but Dionysius (VIII. 83) further noti- were chosen by the patricians. It seems, thereces their coming into office as a marked period fore, probable that the period from 270 to 273 in the Roman history, and mentions the date, was marked by a decided usurpation on the part and the name of the archon at Athens for that of the burghers, and that during that time they year; as if there had been some important alter- alone elected both consuls. ï~~CHAP. X.] ASCENDENCY OF THE ARISTOCRACY. 63 and only to require the confirmation of them by the centuries; a form which would be as unessential as the crowd's acceptance of the king at an English coronation, inasmuch as it was always by the vote of the burghers in their curiae that the imperium or sovereignty was conferred; and when a consul was already in possession of this, it mattered little whether the centuries acknowledged his title or not. In this manner were Lucius.iEmilius, and Kaeso Fabius, A c.0. the prosecutor of Spurius Cassius, chosen consuls by the burghers; and it was in vain that the commons demanded the execution of the agrarian law; the consuls satisfied the object of those who had elected them, and the law remained a dead letter. The same spirit was manifested in the elections of the following year, and was attended with the same A..C.. result; the other prosecutor of Cassius, L. Valerius, was now chosen by the burghers, and with him another member of the Fabian house, Marcus, the brother of K eso and of Quintus. But the complete usurpation of the consulship by the burghers served to call into action the hitherto untried powers of the tribuneship. In the The tribunes protect n~eamle -the commons in their year 271, the tribune Caius Maenius2 set the first example of ex- e fosmm ton stheir tending the protection of his sacred office to those of the com- soldiers. mons, who on public grounds resisted the sovereignty of the consuls, by refusing to serve as soldiers. This was the weapon so often used from this time forwards in defence of the popular cause: the Roman commons, like those of England, sought to obtain a redress of grievances by refusing to aid the government in its wars; they refused to furnish men, as our fathers refused to furnish money. But the first exercise of this privilege was overborne with a high hand; the consuls held their enlistment of soldiers without the city; there the tribunes' protection had no force; and if any man refused to appear, and kept his person safe within the range of the tribunes' aid, the consuls proceeded to lay waste his land, and to burn and destroy his stock and buildings, by virtue of that sovereign power which, except within the walls of the city, was altogether unlimited. Accordingly the tribunes' opposition totally failed, and the consuls obtained the army which they wanted. But there is an undying power in justice which no oppression can altogether put down. Caius Mmnius had failed, but his attempt was not The centuries recover entirely fruitless; a spirit was excited amongst the commons e power o p photwno which induced the burghers the next year, after long disputes and consuls. delays, to choose for one of the consuls a man well affected to the cause of the commons; and the year afterwards it was agreed by both orders AU.272. that the election should be divided between them; that one consul should be chosen by the burghers in their curiae, and the other by the whole people in their centuries. Still, however, it must not be forgotten, that the votes of the burghers' clients were at this time so numerous in the centuries, as to give to their patrons no small influence even in the election of that consul who was particularly to be the representative of the commons. Yet the commons regarded the change as a triumph, and it was marked as a memorable event3 in the annals, that in the year 273, Kaeso Fabius was again chosen consul by the burghers, and that Spurius Furius was elected as his colleague by the people in their centuries. The refusal of the burghers to execute the agrarian law still rankled in the minds of the commons; and when men were again wanted to A.U.C. 273. The Roan soldiers soffer serve against the.Equians and Veientians, Spurius Licinius,4 one themselvesutobe bsueaten of the tribunes, again offered his protection to those who refusedg biat for the burghto enlist. But his colleagues betrayed him, and either as being aer majority of the college overruled the opposition of Licinius, or by an abuse of their peculiar power, offered their protection to the consuls in enforcing their SDionysius, VIII. 87. SZonaras, VII. 17. Dionysius, IX. 1. 4 Livy, II. 43. ï~~64 HISTORY OF ROME. [CHAP. X, orders against the refractory. Thus an army was raised; but the soldiers who followed Keso Fabius into the field, regarded him and the burghers as more their enemies than the Yeientians, and according to the Roman annalists, they refused to conquer, and retreated before an enemy whom they could have vanquished if they would. This is merely the habitual style of Roman arrogance; but that brave men may be found capable of allowing themselves to be slaughtered by the enemy rather than risk the possibility of winning a victory for a commander whom they detest, we know, not merely from the suspicious accounts of the Roman writers, but from the experience of our own naval service in the last war, in one memorable instance as melancholy as it was notorious. Marcus Fabius was again chosen as the burghers' consul for the next year, and A. U. c. 274. The On. Manlius5 was elected by the centuries. Another attempt to ouse h taue e Fob s stop the raising of an army was made by the tribune Tiberius ports the cause of rasioeo comons. Pontificius, and was again baffled by the opposition of his colleagues. But this year witnessed an accession to the cause of the commons, of importance more than enough to compensate for the defection of the majority of the tribunes. The Fabian house had now been in possession of one place in the consulship for six years without interruption, a clear proof that no other house among the burghers could compare with them in credit and in power. Standing at the head of their order, they had been most zealous in its cause, and had incurred proportionably the hatred of the commons. But they had men amongst them of a noble spirit, who could not bear to be so hated by their countrymen, as that their own soldiers should rather allow themselves to be slaughtered by the enemy than conquer under the command of a Fabius. Thus the new consul, Marcus Fabius, was resolved to conciliate the commons;7 he succeeded so far as to venture to give battle to the Veientians; in the battle. he and his brothers fought as men who cared for nothing else than to recover their countrymen's love; Quintus Fabius, the consul of the year 272, was killed; but the Romans gained the victory. Then the Fabii, to show that they were in earnest, persuaded the burghers to divide amongst their houses the care of the wounded soldiers; they themselves took charge of a greater number than any other house, and discharged the duty which they had undertaken with all kindness and liberality. Thus, when the burghers named Kaso Fabius to be again their consul, he was as acceptable to the centuries as his colleague whom they themselves appointed, Titus Virginius. Kaso did not delay an instant in showing that his sense of the wrongs of the A.U. c... a - commons was sincere; he immediately9 required that the agrarian tion of the Fabii to h law of Spurius Cassius should be duly carried into effect. But Cremera,where they are t off bytVie- the burghers treated him with scorn; the consul, they said, had tisos. forgotten himself, and the applause of the commons had intoxicated him. Then K eso and all his house, finding themselves reproached for having deserted their former cause, resolved to quit Rome altogether. The war with the Veientians showed them how they might still be useful to their old country: they established themselves on the Cremera, a little stream that runs into the Tiber from the west, a few miles above Rome. Here they settled with their wives and families,'0 with a large train of clients," and with some of the burghers also who were connected with them by personal ties, and who resolved to share their fortune. The Fabii left Rome as the Claudii had left Regillus a few years before; they wished to establish themselves as a Latin colony in Etruria, serving the cause of Rome even while they had renounced her. But two Patres-M. Fabium consulem creant: Fabio 9 Livy, II. 48. collega On. Manlius datur. Livy, II. 43. 1 See Niebuhr, Vol. II. p. 219. Aulus GelSLivy, II. 44. lius says, Sex et trecenti Fabii cum familiis suis 7 Neque immemor ejus, quod initio consula- -oeurcumventi perierunt. tus imbiberat, reconciliandi animos plebis, &c. n indras r ro To lavrv tray$evos scal iXov" Livy, II. 17. ad fin. and again, a little below, r te urrAcov 7rNaryw Livy, II. 45-47. rs ta ioratpwov bv. Dionysius, IX. 15. ï~~CHAP. X.] THE PUBLILIAN LAW. 65 years afterwards they fell victims to the Veientians, who surprised A. U. C. 7. them, put them all to the sword, and destroyed their settlement. The commons had gained strength and confidence from the coming over of the Fabii to their cause; they gratefully honored the spirit which The commons impeach had made them leave Rome, and when they heard of their over- the console for allowing throw, they at once accused the burghers of having treacherously the Fb to be cu. betrayed them. Titus Menenius, one of the consuls, had been quietly lying encamped1" near the Cremera when the Fabii were cut off., He was accused, therefore, in the following year of treason, and was condemned; A.U.c2.18. but the tribunes themselves pressed for no heavier sentence than a fine, although he actually died from vexation and shame at having been subjected to such a sentence. In the next year'3 another consul was A accused by the tribunes, because he had been defeated in battle A.U.C.. by the Veientians, but he defended himself manfully, and was acquitted. This habit of acting on the offensive for two successive years emboldened the commons, and they now began again to call for the execution of Genucis impeaches the the agrarian law of Cassius. The consuls L. Furius and C. Man- coslfo..ito i ongthe execution of the agralius resisted this demand during their year of office, but as soon cian law. as that was expired, Cn. Genucius,'4 one of the tribunes, impeached them both before the commons for the wrong done to that order. A.t c. The burghers were now alarmed, for they saw that the commons were learning their own strength, and putting it in practice. They desired, at A. U. C. 281. He is any risk, to produce a reaction, and they acted at Rome as the found dead in his bed Spartans some years afterwards treated their Helots, or as thebeothtr. Venetian nobles in modern times silenced those bold spirits whom they dreaded. On the night before the day fixed for the trial of the consuls, Genucius the tribune was found dead in his bed.15 The secrecy and treachery of assassination are always terrifying to a popular party, who have neither the organization among themselves to be Other assassinations the able to concert reprisals, nor wealth enough to bribe an assassin, tribune VoleroPubli a romeo forward. even if no better feeling restrained them from seeking such aid. e owa. Besides, the burghers were not satisfied with a single murder; others whom they dreaded were put out of the way by the same means as Genucius; and like the Athenian aristocratical conspirators in the Peloponnesian war, they freely used the assassin's dagger to secure their ascendency." Thus the tribunes for awhile were silenced, and the consuls proceeded to enlist soldiers to serve against the.Equians and Volscians. Amongst the rest was one Volero Publilius,1 who had served before as a centurion, and who was now called on to serve as a common soldier; he refused to obey, and being a man of great vigor and activity, he excited the commons to support him, and the consuls and their lictors were driven from the Forum. Here the disturbance rested for the time, but Volero was chosen to be one of the tribunes for the year ensuing. Volero was a man equal to the need. The tribunitian power might be crippled by the influence of the burghers at the elections; the burgh- A. U. C.28. The Pub. ers' clients were so numerous in the centuries, that they could ilian law. elect whom they would; and thus, in ordinary times, the college of tribunes might, perhaps, contain a majority who were the mere tools of the burghers, and who could utterly baffle the efforts of their colleagues. This Volero was impatient to prevent, and taking advantage of the excitement of the moment, when the commons were enraged by the murder of Genucius, he proposed a law that the tribunes, for the time to come,18 should be chosen by the votes of the commons in their tribes, and not by those of the whole people in their centuries. 12 Livy, II. 52. 1 Zonaras, VII. 17. Dion Cass. Fragm. V' 13 Livy, II. 52. tic. XXII. 14 Livy, II. 54. " Livy, II. 55. 15 Livy, II. 54. 18 Livy, II. 56. ï~~66 HISTORY OF ROME. [CHAP. X. No tribune could be persuaded to betray the cause of his order and of public It is violently opposed freedom by opposing Volero on this occasion; but the year passed y the burghers. away, and the burghers were thus long successful in obstructing the ftheher progress of the law. It should be remembered that Volero could but propose his measure to the commons assembled in their tribes, and that even if accepted by them, it did not, therefore, become a law, but rather resembled the old petitions of the house of commons, which required the sanction of the king and the house of lords before they could become the law of the land. So any resolution of the tribes was no more than a petition addressed to the senate and burghers; but there is a moral power in such petitions which is generally irresistible, and the burghers well understood the policy of an aristocracy, to fight its battle in the assembly of the commons themselves, rather than to commit their order in an open contest with the whole order of the commons. Accordingly, the burghers labored to prevent Volero from carrying his petition in the assembly of the tribes. With this view, their method was delay: the tribes met to transact business only once in eight days, once, that is, in a Roman week;19 and no measure could be proposed unless notice had been given of it two full weeks beforehand, while any measure that was not carried on the day that it was brought forward, was held to be lost, and could not be again put to the vote till after the lapse of two full weeks more. The object, therefore, of the burghers was so to obstruct the course of business, whenever the tribes met, as to spin it out to sunset without a division; then the measure was lost, and could not be brought on again till after a fortnight's interval. And they interrupted and delayed the business of the tribes, by appearing with their clients in the Forum, and purposely exciting a disturbance with the commons. Besides, we are told that Rome was this year visited with a severe epidemic disorder, which, though it lasted only a little while, was exceedingly fatal. This was an interruption to ordinary business, and this, together with the arts of the burghers, prevented the commons from coming to a resolution in favor of their measure throughout the whole course of the year. Volero was re-elected tribune;"0 Appius Claudius was chosen consul by the A. U. c. s283. But at burghers, and T. Quintius was elected as his colleague by the last carried. centuries. With Volero there was chosen also another tribune more active than himself, Caius Letorius;21 the oldest of all the tribunes, but a man endowed with a resolute spirit, and well aware of the duty of maintaining the contest vigorously. Fresh demands were added to those contained in Volero's first law: the mediles were to be chosen by the tribes as well as the tribunes, and the tribes were to be competent" to consider all questions affecting the whole nation, and not such only as might concern the commons. Thus the proposed law was rendered more unwelcome to the burghers than ever, and Appius determined to resist it by force. Letorius was provoked by the insulting language of the consul, and he swore that on the next day on which the law could be brought forward, he would either get it passed by the commons before evening, or would lay down his life upon the place."3 Accordingly, when the tribes assembled, Appius stationed himself in the Forum, surrounded by a multitude of the younger burghers and of his own clients, ready to interrupt the proceedings of the commons. Letorius called the tribes to vote, and gave the usual order that all strangers, that is, all who did not belong to any tribe, should withdraw from the Forum. Appius refused to stir;24 the tribune sent his officer to enforce obedience, but the consul's lictors beat off the officer, and a general fray ensued, in SIn the Roman Kalendars which have been elusive manner of reckoning, common to all the preserved to us, eight letters are used to mark nations of antiquity. the several days of the month, just as seven are 2o Livy, II. 56. used by us. Thus, the nones of the month fell 21 Dionysius, IX. 46. always one Roman week before the ides; the n Dionysius, IX. 48. Zonaras, VII. 17. term nonse, like that of nundine to express the 23 Livy, II. 56. weekly market-day, having reference to the in- 24 Livy, II. 56. ï~~CHAP. X.] THE PUBLILIAN LAW. 67 which Lmtorius received some blows; and matters would have come to extremity, it is said, had not T. Quintius interposed, and with great difficulty parted the combatants. This, however, appears to be one of the usual softenings of the annals, which delighted to invest these early times with a character of romantic forbearance and innocence. Both parties were thoroughly in earnest; Lretorius had received such injuries as to rouse the fury of the commons to the utmost; again had the sacred persons of the tribunes been profaned by violence, and Laetorius might soon share the fate of Genucius. Accordingly, the commons acted this time on the offensive: they neither withdrew to the Sacred Hill, nor shut themselves up in their own quarter on the Aventine, but they attacked and occupied" the Capitol, and held it for some time as a fortress, keeping regular guard, under the command of their tribunes, both night and day. The occupation of the citadel in the ancient commonwealths implied an attempt to effect a revolution; and a popular tribune, thus holding the Capitol with his partisans, might, at any instant, make himself absolute, and establish his tyranny, like so many of the popular leaders in Greece, upon the ruins of the old aristocracy. The senate, therefore, and the wiser consul, T. Quintius, resisted the violent counsels of Appius and the mass of the burghers; it was resolved that the law, which we must suppose had been passed by the commons immediately before they took possession of the Capitol, should be immediately laid before the senate, to receive the assent of that body. It received the senate's sanction,2" and with this double authority it was brought before the burghers in their curiae, to receive their consent also; the only form wanting to give it the force of a law. But the decision of the wisest and most illustrious members of their own body overcame the obstinacy of the burghers: they yielded to necessity; and the second great charter of Roman liberties, the Publilian law, was finally carried, and became the law of the land. Some said that even the number of tribunes was now, for the first time, raised to five, having consisted hitherto of two only. At any rate, the names of the first five tribunes, freely chosen by their own order, were handed down to posterity; they were C. Siccius,2 L. Numitorius, M. Duilius, Sp. Icilius, and L. Maecilius. In this list we meet with neither Volero nor Letorius. Volero, as having been already tribune for two years together, and having been less prominent in the final struggle, may naturally have been passed over; but Letorius,. like Sextius at a later period, would surely have been the first choice of the commons, when they came to exercise a power which they owed mainly to his exertions. Was it, then, that his own words had been prophetic; that he had, in fact, given up his life in the Forum on the day when he brought forward the law; that the blows of Appius' burghers were as deadly as those of Keso Quinctius, or of the murderers of Genucius, and that Letorius was not only the founder of the greatness of his order, but its martyr also? Thus, after a period of extreme depression and danger, the commons had again begun to advance, and the Publilian law, going beyond any former charter, was a sure warrant for a more complete enfranchisement yet to come. The commons could now elect their tribunes freely, and they had formally obtained the right of discussing all national questions in their own assembly. Thus their power spread itself out on every side, and tried its strength, against that time when, from being independent, it aspired to become sovereign, and swallowed up in itself all the powers of the rest of the community. 2 Dionysius, IX. 48. 2 Livy, II. 58. He borrows the names from SDionysius, IX. 49. the annals of Piso. ï~~CHAPTER XI. WARS WITH THE AEQUIANS AND VOLSCIANS-LEGENDS CONNECTED WITH THESE WARS-STORIES OF CORIOLANUS, AND OF CINCINNATUS. " Pandite nune Helicona Den, cantusque movete: Qui bello exciti reges; que quemque secute Complerint campos acies; quibus Itala jam turn Floruerit terra alma viris, quibus arserit armis." VmaG, En. VII. 641. NOTHIN conveys a juster notion of the greatness of Roman history than those Introduction to the for- chapters in Gibbon's work, in which he brings before us the state ei history of Rome. of the east and of the north, of Persia and of Germany, and is led unavoidably to write a universal history, because all nations were mixed up with the greatness and the decline of Rome. This, indeed, is the peculiar magnificence of our subject, that the history of Rome must be in some sort the history of the world; no nation, no language, no country of the ancient world, can altogether escape our researches, if we follow on steadily the progress of the Roman dominion till it reached its greatest extent. On this vast field we are now beginning to enter; our view must be carried a little beyond the valley of the Tiber, and the plain of the Campagna; we must go as far as the mountains which divide Latium from Campagna, which look down upon the level of the Pontine marshes, and even command the island summits of the Alban hills: we must cross the Tiber, and enter upon a people of foreign extraction and language, a mighty people, whose southern cities were almost within sight of Rome, while their most northern settlements were planted beyond the Apennines, and, from the great plain of the Eridanus, looked up to that enormous Alpine barrier which divided them from the unknown wildernesses watered by the Ister and his thousand tributary rivers. In the days of Thucydides, the Greek city of Cuma' is described as situated The Opicans or Ausoni- in the land of the Opicans. The Opicans, Oscans, or Ausonians,.ann, aon the twotqO- for the three names all express the same people, occupied all the an and Vols cians. country between (Enotria and Tyrrhenia, that is to say, between the Silarus and the Tiber; but the sea-coast of this district was full of towns belonging to people of other nations, such as the Greek cities of Cuma and Neapolis, and those belonging to the Tyrrhenian Pelasgians, such as Tarracina, Circeii, Antium, and Ardea. The Opicans were an inland people, and it was only by conquest that they at last came down to the sea-coast, and established themselves in some of the Tyrrhenian towns. They had various subdivisions; but the two nations of them with whom the Romans had most to do, and whose encroachments on Latium we are now to notice, are known to us under the name of the.Equians and Volscians. It is absolutely impossible to offer any thing like a connected history of the Volscian and _Equian wars with Rome during the first half century from the beginning of the commonwealth. But in order to give some clearness to the following sketch, I must first describe the position of the two nations, and class their contests with Rome, whether carried on singly or jointly, under the names respectively of the.Equian and Volscian wars, according to the quarter which was the principal field of action. Thucyd. VI. 4. ï~~CHAP. XI.] WARS WITH THE EQUIANS AND VOLSCIANS, 69 The Volscians, when they first appear in Roman history, are found partly settled on the line of highlands overlooking the plain of Latium, Their geographical pofrom near Praneste to Tarracina, and partly at the foot of the sition. hills, in the plain itself. It has been already noticed, that just to the south of Preneste a remarkable break occurs in this mountain wall, so that only its mere base has been left standing, a tract of ground barely of sufficient elevation to turn the waters in different directions, and to separate the source of the Trerus, which feeds the Liris, from the streams of the Campagna of Rome. This breach or gap in the mountains forms the head of the country of the Hernicans, who occupied the higher part of the valley of the Trerus, and the hills on its left bank downward as far as its confluence with the Liris. But at Prreneste the mountain wall rises again to its full height, and continues stretching to the northward in an unbroken line, till it is again interrupted at Tibur or Tivoli by the deep valley of the Anio. Thus from the Anio.to the sea at Tarracina, the line of hills is interrupted only at a single point, immediately to the south of Praneste, and is by this breach divided into two parts of unequal length, the shorter one extending from Tibur to Preneste, the longer one reaching from the point where the hills again rise opposite to Prueneste as far as Tarracina and the sea. Of this mountain wall the longer portion was held by the Volscians, the shorter by the.Equians. But it is not to be understood that the whole of this highland country was possessed by these two Opican nations. Latin towns were scat- seat of the wars with tered along the edge of it overlooking the plain of Latium, such the quians,; as Tibur and Preneste in the Equian portion of it, and in the Volscian, Ortona, Corn, Norba, and Setia. The Aquians dwelt rather in the interior of the mountain country; their oldest seats were in the heart of the Apennines, on the lake of Fucinus, from whence they had advanced towards the west, till they had reached the edge overhanging the plain. Nor is it possible to state at what time the several Latin cities of the Apennines were first conquered, or how often they recovered their independence. Tibur and Preneste never fell into the hands of the.AEquians, their natural strength helping, probably, to secure them from the invaders. The Equians seem rather to have directed their efforts in another direction, against the Latin towns of the Alban hills, pouring out readily through the breach in the mountain line already noticed, and gaining thus an advanced position from which to command the plain of Rome itself. The Volscian conquests, on the other hand, were effected either in their own portion of the mountain line, or in the plain nearer the sea, or with the vocian.. finally, on the southern and western parts of the cluster of the vocian conques ts in Alban hills, as the.Elquians attacked their eastern and northern Latium. parts. Tarracina3 appears to have fallen into their hands very soon after the overthrow of the Roman monarchy; and Antium4 was also an early conquest. In the year 261, Boville, Circeii, Corioli, Lavinium, Satricum, and Velitre, were still Latin cities; but allP these were conquered at one time or other by the Vol2 Taking a parallel case from English geogra- seems, therefore, to have fallen soon after me phy, the gap in the oolitic limestone chain of date of the treaty with Carthage, in which it is hills which occurs in Warwickshire, between spoken of as a Latin city. Farnborough and Edge Hill, may be compared 4 It belonged to the Volscians in the year 261, to the gap at Preneste; the line of hills north- the year in which the Roman league with the ward and southward from this point, overlook- Latins was concluded. Livy, II. 33. ing the lias plain of Warwickshire, may repre- bThe present text of Dionysius has Boas or sent respectively the countries of the AEquians Bods (VIII. 20). Plutarch has B4AXag (Coriand Volscians; whilst Banbury and the valley olanus, 29); but it appears that Boville, and not of the Cherwell answer to the country of the Bola, is meant, because the conquest of Bola is Hernicans., mentioned separately by both writers, and bea It is mentioned as a Volscian town.under cause Plutarch gives the distance of B GAai from the name of Anxur in the year 349. (Livy, IV. Rome at one hundred stadia, which suits Bo59.) Its capture by the Volscians is nowhere villn, but is too little for Bola. The conquest recorded; but in the earliest Volscian wars, af- of Circeii, Corioli, Lavinium, and Satricum, is ter the expulsion of the Tarquins, the seat of noticed by Livy, II. 39. Velitra was taken by war lies always on the Roman side of it. It the Romans from the Volscians in the year 200, ï~~70 HISTORY OF ROME, [CHAP. 1 scians, so that at the period of their greatest success they must have advanced within twelve miles of the gates of Rome. The legend of Coriolanus represents these towns, with the exception of Velitre, as having been taken between the years 263 and 266, in the great invasion conducted jointly by Coriolanus and by Attius Tullius. But Niebuhr has given reasons for believing that these conquests were not made till some years later, and that they were effected not all at once, but in the course of several years. Be this as it may, it is certain that some of the towns thus taken, Satricum, for instance, Cerceii, and Velitrw, remained for many years in possession of the Volscians. Corioli was destroyed, and is no more heard of in history, while Bovills and Lavinium were in all probability soon recovered either by the Romans or by the Latins. Whilst the Volscians were thus tearing Latium to pieces on one side, the Aquiu c.quess. ans were assailing it with equal success on the other. Their conS conquests. quests also are assigned by the legend of Coriolanus to his famous invasion, when he is said to have taken Corbio,5 Vitellia, Trebia, Lavici, and Pedum. All these places, with the exception of Trebia, stood either on the Alban hills, or close to them, and three of them, Corbio, Lavici, and Pedum, are amongst the thirty Latin cities which concluded the treaty with Spurius Cassius in the year 261. They were retained for many years' by their conquerors; and thus Tibur and Prmneste were isolated from the rest of Latium, and the Â~Equians had established themselves on the Alban hills above and around Tusculum, which remained the only unconquered Latin city in that quarter, and was so thrown more than ever into the arms of Rome. Now, had all these conquests been indeed achieved as early as the year 26G, These conquests were and within the space of one or two years, what could have pre - effected gradually, du-vented the Equians and Volscians from effecting the total conizg a period of severalv d qo a years thi.o ef quest of Rome, or what could their armies have been doing in the third century Rome. the years from 273 to 278, when the Romans were struggling so hardly against the Yeientians? Or how comes it, as Niebuhr well observes, if the zEquians had taken Pedum, and Corbio, and Lavici, in 266, that their armies are mentioned as encamping on Algidus for the first time in the year 289; a spot which from that time forwards they continued to occupy, year after year, till Rome regained the ascendency? It is much more probable that the first years of the war after 263 were marked by no decisive events; that the league with the Hernicans in 268 opposed an additional obstacle to the progress of the Opican nations; but that subsequently, the wars with the Veientians, and the domestic disputes which raged with more or less violence from the death of Spurius Cassius to the passing of the Publilian law, distracted the attention of the Romans, and enabled the.zEquians and Volscians to press with more effect upon the Latins and Hernicans. But Antium was wrested from the Volscians by the three confederate nations in 286; and the great period of the Roman disasters is to be placed in the ten years following that event, unless we choose to separate the date of the Volscian conquests from those of the iEquians. We must, then, suppose that Corioli, Satricum, Lavinium, and the towns in that quarter, had been taken by the Volscians between 266 and 286, that some of these were afterwards recovered, and that the Romans during the latter part of the period but it must afterwards have been lost again; pretended revolts of Roman colonies to have for we find it in arms withthe Volscians against been properly a revolt of the old inhabitants, in Rome, and afterwards with the Latins; and al- which the Roman colonists, as amatter of course, though this is spoken of as the revolt of a Re- were expelled or massacred. See Vol. II. p. 44, man colony, as if the descendants of the cole- 45. Engl. Transl. nists, sent there after its first conquest in 260, 6 Livy, II. 39. had always continued in possession of it, yet 7 Lavici was conquered by the Romans in 336. the well-known inscription found there, known (Livy, IV. 47.) Corbio in 297. (Livy, III. 80.) by the name of" La Lamina Volsca," or " Bor- No recapture of Pedum is mentioned; but the giana," is written in the Oscan language, and town probably joined the Latin confederacy contains the Oscan title " Medix." See Lanzi, again, when it shook offthe Volscian yoke: it Saggio di Lingua Etrusca, Vol. III. p. 616. I is mentioned in the time of the great Latin war believe Niebuhr is right in considering such as taking an active part on the Latin side. ï~~CSAP. XL] WARS WITH THE 2EQUIANS AND VOLSCIANS. 71 had been regaining their lost ground, till in 286 they became, in their turn, the assailants, and conquered Antium. Then the.Equians united their arms more zealously with the Volscians; the seat of the war was removed to the frontier of Latium, bordering on the Equians, and then followed the invasion of that frontier, the establishment of the iEquians on Algidus, and the repeated ravages of the Roman territory between Tusculum and Rome. The period between the year 286 and the end of the century was marked by the visitations of pestilence as well as by those of war. A short That period was als but most severe epidemic had raged in the year 282;8 it broke mar ked by the vst. out again in 288,' and then in 291,10 when its ravages were most tions of pestilence. fearful. It carried off both the consuls, two out of the four augurs, the Curio Maximus, with a great number of other persons of all ages and conditions; and this sickness, like the plague of Athens, was aggravated by the inroads of the.Equians and Volscians, which had driven the country people to fly with their cattle into Rome, and thus crowded a large popui&tion into a narrow space with deficient accommodations, while the state of the atmosphere was in itself pestilential, even had it been met under circumstances the most favorable. It is manifest that at this time the Romans were in possession of no fortified towns between Rome and the Equian frontier; when the Roman armies could not keep the field, the enemy might march without obstacle up to the very walls of Rome itself; and there was nothing for them to win, except the plunder of the Roman territory, and the possession of the capital. Perhaps, too, these disastrous times were further aggravated by another evil, which the Roman annals were unwilling openly to avow. When And by internal dismatters came to such a crisis that the commons occupied the Cap- ons, twhi cdre p P_ many Romans in exile, itol in arms, as was the case immediately before the passing of the 'wo aoinet..d Publilian law, when we read of dissensions so violent, that the voisceians. consuls of three successive years were impeached by the tribunes, and a tribune was on the other hand murdered by the aristocracy; when again, at a somewhat later period, we read of the disputes about the Terentilian law, and hear of the banishment of Kieso Quinctius for his violences towards the commons on that occasion, we may suspect that the whole truth has not been revealed to us, and that the factions of Rome, like those of Greece, were attended by the banishment of a considerable number of the vanquished party, so that Roman exiles were often to be found in the neighboring cities, as eager to return as the Tarquinii had been formerly, and as little scrupulous as they of effecting that retur' through foreign aid. That this was actually the case, is shown by the surprise of the Capitol, in the year 294, when a body of men, consisting, as it is expressly said, of Zxles and slaves," and headed by Appius Herdonius, a Sabine, made 8 Dionysius, IX. 42. s Livy, III. 2. Dionysius, IX. 60. 10 Livy, III. 6, 7. Dionysius, IX. 67. 11 It is not, indeed, expressly said that the exiles were Roman exiles; and Livy, who, in his whole narrative of the transaction, says nothing of Kso, or of his connection with the conspiracy, uses language which might be applicable to the case of exiles of other countries. He makes Hercdonius say (III. 15), " Se miserrimi cujusque suscepisse causam, ut exules injuria pulses in patriam reduceret; id malle populo Romano auctore fieri: si ibi spes non sit, Volscos et.Equos, et omnia extrema tentaturum et concitaturum." Still even these words, especially the expression "in patriam," instead of "in patrias," are most naturally to be understood of Roman exiles; if they had been all Sabines, or Equians, or Volscians, the attempt would have been made on the citadel of Cures, or Lavici, or Anxur; not on the Capitol at Rome. But Dionysius' words (X. 14) admit of no doubt. 'Hv eabro uyvr6i peria ra Kparrjtat rv finrtscatpordrov rd7rwve (of Rome, namely) roe re vydeas de 3xcoOat, Ta ro toi Aov cis AveOpiav scaXeiv. These can certainly be no other than the exiles and the slaves of Rome. The supposition in the text receives further confirmation from a remarkable statement in Dionysius, that in the year 262, just before the banishment of Coriolanus, many Roman citizens were invited by the neighboring cities to leave their country and to come and live with them and enjoy their franchise of citizenship. And a great many ro Xo r dvv left Rome with their families, he says, on these terms; some of whom returned afterwards, when better times arrived, but others continued to live in their new countries. See Dionys. VII. 18. This undoubtedly must mean that many Romans were obliged to go into banishment, and these availed themselves of the treaty with the Latins, which established an interchange of citizenship between Rome and Latium, and became citizens ï~~72 HISTORY OF ROME. [CHAP. 1 themselves masters of the citadel of Rome. There is, therefore, in all probability, a foundation in truth for the famous story of Coriolanus, but it must be referred to a period much later than the year 263, the date assigned to it in the common annals; and the circumstances are so disguised, that it is impossible to guess from what reality they have been corrupted. It would be a beautiful story, could we believe that Coriolanus joined the conquering.Equians and Volscians with a body of Roman exiles; that the victories of foreigners put it in his power to procure his own recall and that of his companions, but that, overcome by the prayers of his mother, he refrained from doing such violence to the laws of his country; and, contented with the conquests of his protectors, he refused to turn them to his own personal benefit, and chose rather to live and die an exile than to owe his restoration to the swords of strangers. Be this as it may, the common story is so famous and so striking that it must not be suppressed; and the life and death of Coriolanus are no unworthy sequel to the story of the life and death of the last king Tarquinius. CAIus MAnRcIus was a noble Roman, of tke race of that worthy king, Ancus story of coriolanus. Marcius;18 his father died when he was a child, but his mother, the bae aly prohwe at whose name was Volumnia, performed to him the part both of the battle by the take aeerto he bh Regie s. father and of mother; and Caius loved her exceedingly, and when he gained glory by his feats of arms, it was his greatest joy that his mother should hear his praises; and when he was rewarded for his noble deeds, it was his greatest joy that his mother should see him receive his crown. And cle fought at the battle by the lake Regillus,14 against king Tarquinius and the Latins, and he was then a youth of seventeen years of age; and in the heat of the battle he saw a Roman beaten to the ground, and his foe was rushing on him to slay him, but Caius stepped before him, and covered him, and slew the enemy, and saved the life of his fellow-soldier. So Aulus, the general, rewarded him with an oaken wreath, for such was the reward given to those who saved the life of a comrade in battle. And this was his first crown, but after this he won many in many battles, for he was strong and valiant, and none of the Romans could compare with him. After this there was a war between the Romans and the Volscians; and the How e tookbetRomans attacked the city of Corioli.1 The citizens of Corioli of Corioli, and won opened their gates and made a sally, and drove the Romans back enameocoriolanus. to their camp. Then Caius ran forwards with a few brave men, and called back the runaways, and he stayed the enemy, and turned the tide of the battle, so that the Volscians fled back into the city. But Caius followed them, and when he saw the gates still open, for the Volscians were flying into the city, then he called to the Romans, and said, "For us are yon gates set wide rather than for the Volscians; why are we afraid to rush in?" He himself followed the fugitives into the town, and the enemy fled before.him; but when they saw that he was but one man they turned against him, but Caius held his ground, for he was strong of hand, and light of foot, and stout of heart, and he drove the Volscians to the farthest side of the town, and all was clear behind him; so that the Romans came in after him without any trouble, and took the city. Then all of some Latin city. And this is the simplest respect, as well as in calling the mother of the way of accounting for the name Coriolanus, to hero Volumnia, and his wife Virgilia, I have resuppose that he settled at Corioli, and became garded Shakspeare's authority as decisive. a citizen there; and afterwards, when Corioli 1 Plutarch, Coriolanus, I. 4. was conquered by the Volscians, joined their 14 Plutarch, Coriolanus, 3. army in order to prosecute his revenge against 5 Plutarch, Coriolanus, VIII. The story repRome. resents Corioli as a Volscian town, and as taken 12 Zonaras, copying )ion Cassius, and most by the Romans in the consulship of Postumus of the MSS. of Livy, give the prenomen of Co- Cominius, A. U. C. 261. The authentic monuriolanus as Cneus, and not Caius. Historically ment of these times, the treaty between the Rothe point is of no consequence; but the richest mans and Latins concluded in this very same poetry in which the story of Coriolanus was ever year, shows that Corioli was then not a Volscian recorded, Shakspeare's tragedy on that subject, but a Latin town, and one of the thirty states aas conecrated the name of Caius; and in this which made the alliance with Rome. ï~~CHAP. XI.] STORY OF CORIOLANUS. 73 men said, "Caius and none else has won Corioli;" and Cominius the general said, "Let him be called after the name of the city." So they called him Caius Marcius Coriolanus.16 After this there was a great scarcity of corn, and the commons were much distressed for want, and the king1 of the Greeks in Sicily sent Coinus offends the comp ships laden with corn to Rome: so the senate resolved to sell the monos,and isbanished. corn to the poor commons, lest they should die of hunger. But Caius hated the commons, and he was angry that they had got tribunes to be their leaders, and he said, "If they want corn, let them show themselves obedient to the burghers as their fathers did, and let them give up their tribunes; and then will we let them have corn to eat, and will take care of them." The commons, when they heard this, were quite furious, and they would have set upon Caius as he came out of the senate-house and torn him to pieces, but the tribunes said, "Nay, ye shall judge him yourselves in your comitia, and we will be his accusers." So they accused Caius before the commons; and Caius knew th't they would show him no mercy, therefore he stayed not for the day of his trial," but fled from Rome, and took refuge among the Volscians. They and Attius He goes to the Vol. Tullius, their chief, received him kindly, and he lived among them scans: a banished man. Attius said to himself, "Caius, who used to fight against us, is now on our side; we will make war again upon the Romans." But the Vol- Attis Tllis stirs p Attius Tullius stirs rp scians were afraid; so that Attius was forced to practice craftily, war between the Romans and Volsciane. to make them do what he wished, whether they would or no. How he ontriveda to Now the manner of his practice was as follows:" The great bringthissboot. games at Rome were finished, but they were going to be celebrated over again with great pomp and cost, to appease the wrath of Jupiter. For Jupiter had spoken in a dream to Titus Latinius, a man of the commons, and said, " Go and bid the consuls to celebrate the games over again with great pomp, for one danced at the opening of the games'Â~ but now, whom I liked not; and vengeance is coming therefore upon this city." But Titus feared to go to the consuls, for he thought that every one would laugh at him, and so he did not obey the god. A few days after his son fell sick and died; and again the vision appeared to him in his sleep, and said, "Wilt thou still despise what I tell thee? Thy son is dead, but if thou go not quickly, and do my bidding, it shall be yet worse for thee." But Titus still lingered, so he was himself stricken with a palsy; and he could not walk, but they carried him in a litter. Then he delayed no longer, but said to his kinsmen, "Carry me into the forum, to the consuls." And they carried him in his litter, and he told the consuls the bidding of the god, and all that had befallen himself. When he had finished his story, the consuls remembered how that on the morning of the first day of the games, a burgher had taken his slave and scourged him in the midst of the circus where the games were to i0 The story of the taking of Corioli was an at- nology as little as Shakspeare did about that of tempt to explain the name of Coriolanus, which Rome; and as he makes Titus Lartius talk of in reality merely showed that Marcius had been Cato the censor, so they made Dionysius the tysettled at Corioli, and had become a citizen of rant contemporary with the battle of Marathon, that place after his banishment from Rome. and said that it was he who relieved the scarciThe same explanation will serve, perhaps, for ty at Rome in the year 262. some other Latin surnames, such as Medullinus, 16 Livy, II. 35. Ipse quum die dicta non SRegillensis, Malventanus, and others, recording adesset, perseveratum in Ira est. Dionysius, the connection of Roman families at some period whom Plutarch follows, says that the tribunes or other with the towns from which they took fixed perpetual banishment as the penalty which their names. See note 11. the accused should suffer if found guilty; that 17 Plutarch names Gelon, tyrant of Syracuse. he was found guilty by the votes of twelve tribes Livy merely says that the corn camne from Sici- out of twenty-one, and banished accordingly. ly; Dionysius calls Gelon " the most distin- Dionysius and Plutarch seem to have forgotten guished of the tyrants of Sicily at that time," that exile as a punishment was unknown to the without specifying whether, at the time of the Roman law till a much later period. famine at Rome, he was tyrant of Gela or of 1' Livy, II. 36. Syracuse. The old Roman annalists, Licinius 0 Visus Jupiter dicere, "Sibi ludis prnsulta Macer and Cn. Gellius, cared about Greek chro- torem displicuisse." Livy, II. 86. ï~~74 HISTORY OF ROME. [CHAP. X1 be held; and the burgher regarded it not, but Jupiter saw it and was wroth: for it was a holy day, and a day for mirth and gladness, and not for crying and for torment. So the consuls believed what Titus said, and brought him into the senate, and he told the story again to the senators. When lo! so soon as he had ended his story, the palsy left him, and his limbs became strong as before, and he needed no more to be carried in his litter, but walked home on his feet. Thus the great games2' were celebrated over again at Rome, and many of the The Volscians are driv- Volscians went to Rome to see the sight. Then Attius went to eneat no ee t the the consuls privately, and said to them: " great multitude of cetebratien ef the great ~si uttd games. Volscians are now in Rome. I remember now on a like occasion, not many years since, the Sabines made a riot in this city, and great mischief was like to come of it; loth were I that my people should do aught of the same kind: but it becomes your wisdom rather to hinder evil than to mend it." When the consuls told this to the senate, the senate was afraid; and it was thought best to send the criers round the city, to give notice that every Volscian should be gone from Rome before the setting of the sun. The Volscians were very angry at this, for they said to one another, "Do these men then hold us to be so profane and unholy, that our presence is an offence to the blessed gods?" So they left Rome in haste, and went home towards their own country, full of indignation at the shame which was put upon them. Their way home was over the hills of Alba," by the well-head of the water of Ferentina, where the councils of the Latins had been used to Atttus meets them, and excits them o o to meet of old. Attius knew that the Volscians would be driven war wtth the Remans...wtao.... from Rome, and would pass that way, so he waited there to meet them. At last they came up in a long train, each as he cbuld go, and Attius spoke to them, and asked them what was the matter, that they had so suddenly left Rome. When they told him, he called them to follow him from the road, down to the grass which was by the side of the stream, and there they gathered round him, and he made a speech to them, and said, "What is it that these men have done to you? They have made a show of you at their games before all the neighboring nations. Ye, and your wives, and your children, were cast out at the voice of the crier, as though ye were profane and unholy, and as if your presence before the sight of the gods were a sacrilege. Do ye not count them for your enemies already, seeing if ye had not made such good haste in coming away ye would have been all dead men ere now? They have made war upon us: see to it, if ye be men, that ye make them rue their deed." So the Volscians eagerly listened to his words, and all their tribes made it a common quarrel, and they raised a great army, and chose Attius and Caius Marcius, the Roman, to command it. When this great host took the field, the Romans feared to go out to battle How Caine and Attius against it. So Caius and Attius attacked the cities of the Latins, marchedaganstneome. and they first took Circeii," and afterwards Satricum, and Longula, and Polusca, and Corioli; and then they took Lavinium, which was to the Romans a sacred city, because Eneas was its founder, and because the holy things of the gods of their fathers were kept there. After this Caius and Attius took Corbio, and Vitellia, and Trebia, and Lavici, and Pedum; and from Pedum they went towards Rome, and they encamped by the Cluilian dyke, which was no more than five miles from the city; and they laid waste the lands of the commons of Rome, but they spared those of the burghers; Caius, for his part, thinking that his quarrel was with the commons only, and that the burghers were his friends; and Attius, thinking that it would cause the Romans to be jealous of each other, and so make Rome the easier to be conquered. So the host of the Volscians lay encamped near Rome. - Livy, II. 87. 2 Livy, II. 88. 2 Livy, II. 89. ï~~CHAP. XI.] STORY OF CORIOLANUS. 75 Within the city, meanwhile, there was a great tumult; the women ran to the temples of the gods to pray for mercy, the poorer peop e cried The umans ue fo out in the streets that they would have peace, and that the senate peace, but it is not should send deputies to Caius and to Attius. So deputies were grated. sent,t4 five men of the chief of the burghers; but Caius answered them, "We will give you no peace, till ye restore to the Volscians all the land and all the cities which ye or your fathers have ever taken from them; and till"5 ye make them your citizens, and give them all the rights which ye have yourselves, as ye have done to the Latins." The deputies could not accept such hard conditions, so they went back to Rome. And when the senate sent them again to ask for gentler terms, Caius would not suffer them to enter the camp. After this'6 the senate sent all the priests of the gods, and the augurs, all clothed in their sacred garments, and bearing in their hands the The priests of the gods tokens of the gods whom they served. But neither would Caius gcut heilo ' o listen to these; so they too went back again to Rome. hear lhem. Yet, when the help of man had failed the Romans, the help of the gods delivered them; for among the women who were sitting as suppli- A olady, called ants in the temple of Jupiter in the Capitol, was Valeria,7 the veri, persuades the nother and wife o sister of that Publius Valerius who had been called Poplicola, a ca;in e to go ana sue to virtuous and noble lady, whom all held in honor. As she was sit- imfor mercy. ting in the temple as a suppliant before the image of Jupiter, Jupiter seemed to inspire her with a sudden thought, and she immediately rose, and called upon all the other noble ladies who were with her to arise also, and she led them to the house of Volumnia, the mother of Caius. There she found Virgilia, the wife of Caius, with his mother, and also his little children. Valeria then addressed YVolumnia and Virgilia, and said, "Our coming here to you is our own doing; neither the senate nor any other mortal man have sent us; but the god in whose temple we were sitting as suppliants put it into our hearts, that we should come and ask you to join with us, women with women, without any aid of men, to win for our country a great deliverance, and for ourselves a name glorious above all women, even above those Sabine wives in the old time, who stopped the battle between their husbands and their fathers. Come then with us to the camp of Caius, and let us pray to him to show us mercy." Volumnia said, "We will go with you:" and Virgilia took her young children with her, and they all went to the camp of the enemy. It was a sad and solemn sightt" to see this train of.noble ladies, and the very Volscian soldiers stood in silence as they passed by, and pitied How his wife and them and honored them. They found Caius sitting on the gen- othe evaled with him, and how he led eral's seat in the midst of the camp, and the Volscian chiefs were away his army. standing round him. When he first saw them he wondered what it could be; but presently he knew his mother, who was walking at the head of the train; and then he could not contain himself, but leaped down from his seat, and ran to meet her, and was going to kiss her. But she stopped him and said,9 "Ere thou kiss me, let me know whether I am speaking to an enemy or to my son; whether I stand in thy camp as thy prisoner or as thy mother." Caius could not answer her, and then she went on and said, " Must it be, then, that had I never borne a son, Rome never should have seen the camp of an enemy; that had I remained childless, I should have died a free woman in a free city? But I am too old to bear much longer either thy shame or my misery. Rather look to thy wife and children, whom if thou persistest thou art dooming to an untimely death, or a long life of bondage."' Then Virgilia and his children came up to him and kissed him, and all the noble ladies wept, and bemoaned their own fate and the fate of their country. At last Caius cried; out, 0 mother, what hast 2 Dionysius, VIII. 22. 27 Plutarch, Coriolan 32, 33. " Dionysius, VIII. 35. Plutarch, Coriolan. 30. 28 Plutarch, Coriolan. 34. 2 Livy, II. 39. Plutarch, Coriolan. 82. 2 Livy, II. 40. ï~~76 HISTORY OF ROME. [CHAP. XL thou done to me?" and he wrung her hand vehemently, and said, "Mother, thine is the victory; a happy victory for thee and for Rome, but shame and ruin to thy son." Then he fell on her neck and embraced her, and he embraced his wife and his children, and sent them back to Rome; and led away the army of the Volscians, and never afterwards attacked Rome any more; and he lived on a banished man amongst the Volscians, and when he was very old, and had neither wife nor children around him, he was wont to say, "That now in old age5 he knew the full bitterness of banishment." So Caius lived and died amongst the Vol. scians. The Romans, as was right, honored Volumnia and Valeria for their deed, and H the Roman hon- a temple was built and dedicated to "Woman's Fortune,""3' just ored the noble ladies on the spot where Caius had yielded to his mother's words; and for their deed. the first priestess of the temple was Valeria, into whose heart Jupiter had first put the thought to go to Volumnia, and to call upon her to go out to the enemy's camp and entreat her son. Such is the famous story which has rendered the Volscian wars with Rome so memorable; the wars with the Equians are marked by a name and a story not less celebrated, those of L. Quinctius Cincinnatus. There had been peace between the Romans and the Equians: but the.EquiStory of Cincinnat ans and Gracchus Clelius,3' their chief, broke the peace, and he AEquianbreakthe plundered the lands of the people of Lavici and of the people of peace with Rome, and co the complaintof Tusculum. They then pitched their camp on the top of Algidus; thoRomans. and the Romans sent deputies to them to complain of the wrong which they had done. It happened that the tent of Gracchus was pitched under the shade of a great evergreen oak, and he was sitting in his tent when the deputies came to him. His answer was full of mockery: "I, for my part," said he, "am busy with other matters; I cannot hear you; you had better tell your message to the oak yonder." Immediately one of the deputies answered, "Yea, let this sacred oak hear, and let all the gods hear likewise, how treacherously you have broken the peace! They shall hear it now, and shall soon avenge it; for you have scorned alike the laws of the gods and of men." Then they went back to Rome, and the senate resolved upon war: and Lucius Minucius, the consul, led his legions towards Algidus, to fight with the proud enemy. But Gracchus was a skilful soldier,33 and he pretended to be afraid of the Romans, and retreated before them, and they followed him, without ttow the army of the onl Minucio t fell heeding where they were going. So they came into a narrow valinto an ambush. ley, with hills on either side, high, and steep, and bare; and then Gracchus sent men secretly, who closed up the way by which they had entered into the valley, so that they could not get back; and the hills34 closed round the valley in front of them, and on the right and left, and on the top of these hills Gracchus lay with his army, while the Romans were shut up in the valley below. In this valley there was neither grass for the horses, nor food for the men; but 8 "Multo miserius seni exilium esse." Fa- " Dionysius, X. 28. bins, quoted by Livy, II. 40. o4 This is just the description of the famous 1 Livy, II. 40. Dionysius, VIII. 55. It is one Furee Caudinae, in which the Romans were of Niebuhr's most ingenious conjectures that blockaded by C. Pontius. It suits the characthe foundation of this temple, and the fact that ter of the Apennine valleys, but I never saw Valeria was the first priestess of it, gave occa- any such spots on the Alban hills, where the sion to the date assigned to the story of Corio- scene of Cincinnatus' victory is laid. It is likely lanus, and to the introduction of Valeria into enough, however, that Dionysius, or the annalit, as the first suggester of the step which saved ist whom he followed, did actually take their Rome. Niebuhr observes that Fortuna Mulie- description from that of the Caudine Forks, and bris had nothing to do with the successful em- that it made no part of the old legend. Livy's bassy of Volumnia and Valeria, but correspond- account says nothing of any natural disadvaned to Fortuna Virilis; and that both were an- tages of position: he merely says that the Roeiently worshipped; the one as influencing the mans kept within their camp through fear and fortunes of men, the other those of women. that this encouraged the.Equians to blockade Vol. II. p. 115. 2d edit. them. U Livy, I[I. 25. ï~~CHAP. XI.] STORY OF CINCINNATUS. 77 five horsemen had broken out, before the road in the rear of the Romans was quite closed up, and these rode to Rome, and told the senate of the great danger of the consul and of the army. Upon this Quintus Fabius,"5 the warden of the city, sent in haste for Caius Nautius, the other consul, who was with his army in the country The Romans at Rome of the Sabines. When he came, they consulted together, and the were toin great alarm. senate said, "There is only one man who can deliver us; we must make Lucius Quinctius Master of the people." So Caius, as the manner was, named Lucius to be Master of the people; and then he hastened back to his army before the sun was risen. This Lucius Quinctius let his hair grow,36 and tended it carefully: and was so famous for his curled and crisped locks that men called him CinThey appoint Lucius cinnatus, or the "crisp-haired." He was a frugal man," and did Qontiu to be Mater not care to be rich; and his land was on the other side of the Ti- orf the preople. ber, a plot of four jugera, where he dwelt with his wife Racilia, and busied himself in the tilling of his ground. So in the morning early the senate sent deputies to Lucius to tell him that he was chosen to be Master of the people. The deputies went over the river, and came to his house, and found him in his field at work without his toga or cloak, and digging with his spade in his ground, They saluted him and said, "We bring thee a message from the senate, so thou must put on thy cloak that thou mayest receive it as is fitting." Then he said, "Hath aught of evil befallen the state?" and he bade his wife to bring his cloak, and when he had put it on he went out to meet the deputies. Then they said, "Hail to thee, Lucius Quinctius, the senate declares thee Master of the people, and calls thee to the city; for the consul and the army in the country of the AEquians are in great danger." There was then a boat made ready to carry him over the Tiber, and when he stepped out of the boat his three sons came to meet him, and his kinsmen and his friends, and the greater part of the senators. He was thus led home in great state to his house, and the four-and-twenty lictors, with their rods and axes, walked before him. As for the multitude, they crowded round to see him, but they feared his four-and-twenty lictors; for they were a sign that the power of the Master of the people was as sovereign as that of the kings of old. Lucius chose Lucius Tarquitius8 to be Master of the horse, a brave man, and of a burgher's house; but so poor withal that he had been used Lucius marches out to to serve among the foot soldiers instead of among the horse. deliver the consu's Then the Master of the people and the Master of the horse went army. together into the Forum, and bade every man to shut up his booth, and stopped all causes at law, and gave an order that none should look to his own affairs till the consul and his army were delivered from the enemy. They ordered also that every man, who was of an age to go out to battle, should be ready in the Field of Mars before sunset, and should have with him victuals for five days, and twelve stakes; and the older men dressed the victuals for the soldiers, whilst the soldiers went about everywhere to get their stakes; and they cut them where they would, without any hinderance. So the army was ready in the Field of Mars at the time appointed, and they set forth from the city, and made such haste, that ere the night was half spent they came to Algidus; and when they perceived that they were near the enemy, they made a halt. Then Lucius rode on, and saw39 how the camp of the enemy lay; and he orm Dionysius, X. 23. more than distance; and as it had brought the 3 Zonaras, VII. p. 346. Ed. Paris. p. 260. Roman army from Rome to Algidus between Ed. Venet. sunset and midnight, though each soldier had 3 Livy, III. 26. to carry his baggage and twelve stakes besides, SLivy, III. 27. so it made Cincinnatus reconnoitre the enemy S"Quantum nocte prospici poterat" is Livy's as soon as he arrived in their neighborhood, qualification of the story; but the original le- without considering that on its own showing gend, in all probability, regarded darkness no his arrival took place at midnight. ï~~78 HISTORY OF ROME. [Cry. XI He conquers the Equi, dered his soldiers to throw down all their baggage into one place, an.. but to keep each man his arms and his twelve stakes. Then they set out again in their order of march as they had come from Rome, and they spread themselves round the camp of the enemy on every side. When this was done, upon a signal given they raised a great shout, and directly every man began to dig a ditch just where he stood, and to set in his stakes. The shout rang through the camp of the enemy, and filled them with fear; and it sounded even to the,camp of the Romans who were shut up in the valley, and the consul's men said one to another, "Rescue is surely at hand, for that is the shout of Romans." They themselves shouted in answer, and sallied to attack the camp of the enemy; and they fought so fiercely, that they hindered the enemy from interrupting the work of the Romans without their camp; and this went on all the night, till when it was morning, the Romans who were without had drawn a ditch all round the enemy, and had fenced it with their stakes; and now they left their work, and began to take part in the battle. Then the.JEquians saw that there was no hope, and they began to ask for mercy. Lucius answered, "Give me Gracchus and your other chiefs bound, and then I will set two spezrs upright in the ground, and I will put a third spear across, and you shall give up your arms, and your cloaks, and shall pass, every man of you, under the spear bound across as under a yoke, and then you may go away free." This was done accordingly; Gracchus and the other chiefs were bound, and the AEquians left their camp to the Romans, with all its spoil, and put off their cloaks, and passed each man under the yoke, and then went home full of shame. But Lucius would not suffer40 the consul's army to have any share of the spoil, nor did he let the consul keep his power, but made him his own under-officer, and then marched back to Rome. Nor did the consul's soldiers complain; but they were rather full of thankfulness to Lucius for having rescued them from the enemy, and they agreed to give him a golden crown; as he returned to Rome, they shouted after him, and called him their protector and their father. Great was now the joy in Rome, and the senate decreed that Lucius should Lucius marches backto enter the city in triumph, in the order in which the army was re. Rome in triumph, turning from Algidus, and he rode in his chariot, while Gracchus and the chiefs of the.,quians were led bound before him; and the standards were borne before him, and all the soldiers, laden with their spoil, followed behind. And tables were set out at the door of every house, with meat and drink for the soldiers, and they and the people feasted together, and followed the chariot of Lucius, with singing and great rejoicings. Thus the gods took vengeance up-n Gracchus and the.Equians; and thus Lucius delivered the consul and his army; and all was done so quickly, that he went out on one evening, and came home the next day at evening victorious and triumphant. This famous story is placed by the annalists in the year of Rome 296, thirteen eneral state of the years after the passing of the Publilian law. In such a warfare wrsg beeene th opi nas that of the Romans with the.Equians and Volscians, there are nations at the end of 1 the third centur y of always sufficient alternations of success to furnish the annalists on Rome. either side with matter of triumph; and by exaggerating every victory, and omitting or slightly noticing every defeat, they form a picture such as national vanity most delights in. But we neither can, nor need we desire to correct and supply the omissions of the details of the Roman historians: it is enough to say, that at the close of the third century of Rome, the warfare which the Romans had to maintain against the Opican nations was generally defensive; that the.Equians and Volscians had advanced from the line of the Apennines and established themselves on the Alban hills, in the heart of Latium; that of the thirty Latin states which had formed the league with Rome in the year 261, thirteen4' were now either destroyed, or were in the possession of the Opicans; U Livy, III. 29. - Fortona (if it be the same with Ortona), Lavici 41 Carventum, Circeii, Corioli, Corbio, Cora, Norba, Pedluml, Satricum, Setia, Tolina, and ï~~OCA. XII.] WARS WITH THE ETRUSCANS. 79 that on the Alban hills themselves, Tusculum alone remained independent; and that there was no other friendly city to obstruct the irruptions of the enemy into the territory of Rome. Accordingly, that territory was plundered year after year, and whatever defeats the plunderers may at times have sustained, yet they were never deterred from renewing a contest which they found in the main profitable and glorious. So greatly had the power and dominion of Rome fallen since the overthrow of the monarchy. We have now to notice her wars with another enemy, the Etruscans; and to trace on this side also an equal decline in glory and greatness since the reigns of the later kings. CHAPTER XII. WARS WITH THE ETRUSCANS--VEII--LEGEND OF THE SLAUGHTER OF THE FABII AT THE RIVER CREMERA. " Our hands alone Suffice for this;-take ye no thought for it. While the mole breaks the waves, and bides the tempest, The ship within rides safe: while on the mountain The wind is battling with the adventurous pines, He stirs no leaf in the valley. So your state, We standing thus in guard upon the border, Shall feel no ruffling of the rudest blast That sweeps from Veii." AFTER the great war of king Porsenna, the Etruscans, for several years, appear to have lived in peace with the Romans; and in the famine Beginning of hotilite of the year 262, when the enmity of the Volscians would allow with veii. no supplies of corn to be sent to Rome from the country on the left bank of the Tiber, the Etruscan cities, we are told,' allowed the Romans to purchase what they wanted, and the corn thus obtained was the principal support of the people. But nine years afterwards, in 271, a war broke out, not with the Etruscans generally, but with the people of the neighboring city of Veii. The quarrel is said2 to have arisen out of some plundering inroads made by the Veientian borderers upon the Roman territory; but it suited the Roman aristocracy at this period to involve the nation in foreign contests,' in order to prevent the commons from insisting on the due execution of Cassius' agrarian law; and quarrels, which at another time might easily have been settled, were now gladly allowed to end in open war. Veii4 lay about ten miles from Rome, between two small streams which meet a little below the city, and run down into the Tiber, falling into situation and sine of it nearly opposite to Castel Giubileo, the ancient Fidenie. Insig- vei. Velitr. Carventum seems to have been one Cora. Another supposition, as Mr. Bunsen inof the towns of the Alban hills, and Niebuhr forms me, places it on Monte Ariano, the highsuggests that we should read Kopvevravo instead est eastern point of that volcanic range of of Kopto)avoi in Dionysius, VIII. 19, as the peo- mountains of which Monte Cavo is the most ple conquered by Coriolanus, for they are placed western point. But nothing is really known in the neighborhood of Corbia and Pedum; on the question. whereas the conquest of the real Coriolani is I Livy, II. 84. mentioned in another place (VIII. 86), and in 2 Dionysius, VIII. 81, 91. their proper neighborhood. Sir W. Gell sup- S Dionysius, VIII. 81. Dion Cassius, Fragm. poses Carventum to have been at Roca Massi- Vatican, XX. mi, a high point on the Volscian highlands near * See Sir W. Gell's Map of the Campagna. ï~~80 HISTORY OF ROME, [CHAP. XII nificant in point of size, these little streams, however, like those of the Campagna generally, are edged by precipitous rocky cliffs, and thus are capable of affording a natural defence to a town built on the table-land above and between them. The space inclosed by the walls of Veii was equal to the extent5 of Rome itself, so long as the walls of Servius Tullius were the boundary of the city: the citadel stood on a distinct eminence, divided by one of the little streams from the rest of the town, and defended by another similar valley on the other side. In the magnificence of its public and private buildings, Veii is said to have been preferred by the Roman commons 4o Rome; and we know enough of the great works of the Etruscans to render this not impossible; but the language is too vague to be insisted on; and the Etruscan Veii was as unknown to the Roman annalists as to us. On the other hand, Rome had itself been embellished by Etruscan art, and had been under its kings the seat of a far mightier power than Veii. The government of Veii, like that of the other Etruscan cities, was in the hands of an aristocracy of birth, one or more of whom were elected antsgovernment. nually by the whole body to command in war and administer justice. There were no free commons; but a large population of serfs or vassals, who cultivated the lands of the ruling class. In wars of peculiar importance,7 we read from time to time'of the appointment of a king, but his office was for life only, and was not perpetuated in his family. The hereditary principle prevailed, however, in the priesthoods; none but members of one particular family could be priests of Juno,' the goddess especially honored at Veii. The Veientians, like the other Etruscans, fought in the close order9 of the phacharacter of its mienta,. lanx; their arms being the small round shield, and the long pike. ryforce. We know not whether they ventured, like the Parthians, to trust their serfs with arms equal to their own, and to enrol them in the phalanx; but we may more probably suppose that they employed them only as light-armed troops; and if this were so, their armies must have encountered the Romans at a disadvantage, their regular infantry being probably inferior in numbers to the legions, and their light troops, except for desultory warfare, still more inferior in quality. To make up for this, they employed the services of mercenaries, who were generally to be hired from one or other of the states of Etruria, even when their respective countries refused to take part publicly in the quarrel. The war between the Romans and Veientians, which began in the year 271, 5 Dionysius compares the size both of Rome and Veil with that of Athens, II. 54. IV. 13. Sir W. Gell told me that the traces of the walls of Veii, which he had clearly made out, quite justified the comparison of Veii in point of extent with Rome. And his map shows the same thing. e Livy, V. 24. Urbem quoque urbi Romn vel situ vel magnificenti4 publicorum privatorumque tectorum ac locorum preponebant. This beino no more than an expression of opinion ascried to the commons, we cannot be sure that Livy had any authority for it at all, any more than for the language of his speeches. But suppose that he found it in some one of the older annalists, still it can hardly be more than the expression of that annalist's opinion, grounded possibly upon some tradition of the splendor of Veil, but possibly also upon nothing more than the fact that the Roman commons were at one time anxious to remove to Veil. And if the Roman commons had actually said that Veil was a finer city than Rome, when they were extolling its advantages, is such an assertion to be taken as an historical fact, to justify us in passing a judgment as to the comparative magnificence of the two cities? ' Livy, V.1. His words, "Tedio annum am bitionis regem creavere," imply that the government was commonly exercised by one or more magistrates annually chosen, like the consuls at Rome. Niebuhr refers to the case of Lars Tolumnius, who had been king of Veil thirtyfour years before the time of which Livy is speaking; and he thinks that Livy is mistaken, in supposing the appointment of a king in the last war with Rome to have been any thing unusual. (Vol. I. p. 128. 2d ed. note 344.) But we read of no king after Lars Tolumnius till the period of the last war, nor of any before him in the earlier wars with Rome. And as the lucumo, or chief magistrate of a single Etruscan city, was appointed sometimes chief over the whole confederacy, when any general war broke out; so the annual lucumo may have been made lucumo for life in times of danger, if he were a man of commanding character and ability. 8 Livy, V. 22. 9 Diodorus. Fragm. Vatican. Lib. XXIII. TvAirvoi xalXais drir ta aayyoaxoivref, for so we must correct the reading pdlayya paXo"vres, just as a little below in the same passage we read eretpai;, i. e. cohortibus, or manipulis, instead of reepai;, which Mai absurdly renders " uenspidibus." ï~~OHr. XII.] LEGEND OF THE FABII. 81 lasted nine years. It is difficult to say what portion of the events Outline ofthe war from recorded of it is deserving of credit; nor would the details,0 at any 2i1 to 25so. rate, be worth repeating now. But it seems to have been carried on with equal fortune on both sides, and to have been ended by a perfectly equal treaty. The Romans established themselves on the Cremera, within the Veientian territory, built a sort of town there, and, after having maintained their post for some time, to the great annoyance of the enemy, they were at last surprised, and their whole force slaughtered, and the post abandoned. Then the Veientians, in their turn, established themselves on the hill Janiculum, within the Roman territory; retaliated, by their plundering excursions across the Tiber, the damage which their own lands had sustained from the post on the Cremera; held their ground for more than a year, and then were, in their turn, defeated and obliged to evacuate their conquest. Two years afterwards, in 280, a peace was concluded between the two nations, to last for forty years; and, as the Roman historians name no other stipulations, we may safely believe that the treaty" merely placed matters on the footing on which they had been before the war; the Romans gave up all pretensions to the town which they had founded on the Cremera; the Veientians equally resigned their claim to the settlement which they had made on the hill Janiculum. But whatever may be thought of the history of this war, it has been the subject of one memorable legend, the story of the self-devotion of the Fabii, and of their slaughter by the river Cremera. The truth of StoryofthoFabi. domestic events, no less than of foreign, has been, probably, disregarded by this legend; and what seems a more real account of the origin of the settlement on the Cremera, has been given in a former chapter. The story itself, however, I shall now, according to my usual plan, proceed to offer in its own form. The Veientians dared not meet the Romans" in the open field, but they troubled them exceedingly with their incursions to plunder the country. And The Fabian house ofon the other side, the _Equians and the Volseians were making witfers totaehear war upon the Romans year after year; and while one consul went wholly, upon itself. to fight with the iEquians and the other with the Volscians, there was no one to stop the plunderings of the Veientians. So the men of the Fabian house consulted together, and when they were resolved what to do, they all went to the senate-house. And Kmso Fabius, who was consul for that year, went into the senate and said, "We of the house of the Fabii take upon us to fight with the Veientians. We ask neither men nor money from the commonwealth, but we will wage the war with our own bodies, at our own cost." The senate heard him joyfully; and then he went home, and the other men of his house followed him; and he told them to come to him the next day, each man in his full arms; and so they departed. The house of Kaeso was on the Quirinal Hill; and thither all the Fabii came to him the next day, as he had desired them; and there they stood in The Fabii establish array in the outer court of his house. Kmso then put on his vest, themselves on the rivsuch as the Roman generals were used to wear in battle, and came Crmr out to the men of his house, and led them forth on their way. As they went, a 20 The Roman accounts of the war may be Porsenna, were at this time recovered. But if found in Livy, II.42-54, and in Dionysius, VIII. so, the annalist would surely have boasted of 81. 91. IX. 1-36. I imagine both the post on the cessions of territory made by the Veientians, the Cremera and that on the Janiculum to have even if they had been consistent enough not to been designed for permanent cities; the one, describe the country recovered as the very same probably, being as near to Veii as the other was which they had made Porsenna restore out of to Rome. These were exactly the rtrp epara generosity more than thirty years before. Is of the Greeks, when executed on a larger scale there any reason to believe that the Romans adas rival cities, and not mere forts. I may, per- vanced their frontier on the right bank of the haps, be allowed to refer to my note on Thu- Tiber opposite Rome, beyond the hills which cydides, I. 142, where the two kinds of iurd- bound the valley of the river, previously to their xpa are distinguished. conquest of Veii? n Niebuhr supposes that the septem pagi, 2 Livy, II. 48. et seqq. which the Romans had lost in the war with 6 ï~~82 HISTORY OF ROME. [CHAP. XIL great crowd followed after them and blessed them, and prayed the gods for their prosperity. They were, in all, three hundred and six men, and they went down from the Quirinal Hill and passed along by the Capitol, and went out of the city by the gate Carmentalis, by the right-hand passage of the gate. Then they came to the Tiber, and went over the bridge, and entered into the country of the Veientians, and pitched their camp by the river Cremera; for there it was their purpose to dwell, and to make it a stronghold, from which they might lay waste the lands of the Veientians, and carry off their cattle. So they built their fortress by the river Cremera, and held it for more than a year; and the Veientians were greatly distressed, for their cattle and all their goods became the spoil of the Fabians. But there was a certain day3 on which the men of the house of the Fabians The veientian lay an were accustomed to offer sacrifice and to keep festival together to ambush for them, and the gods of their race, in the seat of their fathers, on the hill Quiki them a. rinal. So when the day drew near, the Fabians set out from the river Cremera, three hundred and six men in all, and went towards Rome; for they thought that as they were going to sacrifice to their gods, and as it was a holy time, and a time of peace, no enemy would set upon them. But the Veientians knew of their going, and laid an ambush for them on their way, and followed them with a great army. So when the Fabians came to the place where the ambush was, behold the enemy attacked them on the right and on the left, and the army of the Veientians that followed them fell upon them from behind; and they threw their darts and shot their arrows against the Fabians, without daring to come within reach of spear or sword, till they slew them every man. Three hundred and six men of the house of the Fabians were there killed, and there was not a grown man of the house left alive: one boy only, on account of his youth, had been left behind in Rome, and he lived and became a man, and preserved the race of the Fabians; for it was the pleasure of the gods that great deeds should be done for the Romans by the house of the Fabians in after-times. '3 This latter part of the story is one of the The devotion of the Fabians to the sacrifices of versions of it given by Dionysius, which he re- their house on the Quirinal was a part of their jects as improbable. Of course I am not main- traditional character; a similar story was told tamining its probability, but I agree with Nie- of C. Fabius Dorso, who broke out from the buhr in thinking it a far more striking story Capitol while the Gauls were besieging it, and than that which Dionysius prefers to it, and made his way to the Quirinal Hill to perform the which has been adopted by Livy and by Ovid. appointed sacrifice of his house. ï~~CHAPTER XIII. INTERNAL HISTORY-THE TERENTILIAN LAW-APPOINTMENT OF THE TEN HIGH COMMISSIONERS TO FRAME A CODE OF WRITTEN LAWS. A. U. C. 284~-308. 'OAtXapxza lTW plv LvtvAivWv rog 7roAAots p era3cl&Lt, rv a' &XtpXeV o,rX overcr2e p6vov, &AXi Kal d6jrav d eXopfvr7 i X S piv of re Avvdpvot KraiL of vIot rpo. vtovrat, A dvara iv p ydp X y h araUtsiv.-THUCYDIDES, VI. 89. TrapTrov eioa a XyaOpxa;,r ira az &vrT rarpo siy, Kai a p~ x p 6b v6pos &AAX ' of apxovrs. Kai rTV vratrpo o a0r7 iv ra; AXtyapXtat, 7rsp 1 rvpavvb i ram povapx(ac, al rept is TIauralac sIri rEloKPOarTeOIa i vrail AIIoLKpa(at.-ARISTOTLE, P olitic. IV. 5. NOTHING is more unjust than the vague charge sometimes brought against Niebuhr, that he has denied the reality of all the early history of Rome. On the contrary, he has rescued from the dominion of skepticism much which less profound inquirers had before too hastily givren up to it; he has restored and established far more than he has overthrown. Ferguson finds no sure ground to rest on till he comes to the second Punic war. In his view, not only the period of the kings and the first years of the commonwealth, but the whole of two additional centuries,-not only the wars with the.Equians and Volscians, but those with the Gauls, the Samnites, and even with Pyrrhus,-are involved in considerable uncertainty. The progress of the constitution he is content to trace in the merest outline: particular events, and still more particular characters, appear to him to belong to poetry or romance, rather than to history. Whereas Niebuhr maintains that a true history of Rome, with many details of dates, places, events, and characters, may be recovered from the beginning of the commonwealth. It has been greatly corrupted and disguised by ignorant and uncritical writers, but there exist, he thinks, sufficient materials to enable us, not only to get rid of these corruptions, but to restore that genuine and original edifice, which they have so long overgrown and hidden from our view. And accordingly, far from passing over hastily, like Ferguson, the period from the expulsion of Tarquinius to the first Punic war, he has devoted to it somewhat more than two large volumes; and from much, that to former writers seemed a hopeless chaos, he has drawn a living picture of events and institutions, as rich in its coloring, as perfect in its composition, as it is faithful to the truth of nature. Were I, indeed, to venture to criticise the work of this great man, I should be inclined to charge him with having overvalued, rather than undervalued, the possible certainty of the early history of the Roman commonwealth. He may seem, in some instances, rather to lean too confidently on the authority of the ancient writers, than to reject it too indiscriminately. But let no man judge him hastily, till, by long experience in similar researches, he has learnt to estimate sufficiently the instinctive power of discerning truth, which even ordinary minds acquire by constant practice. In Niebuhr, practice, combined with the natural acuteness of his mind, brought this power to a perfection which has never been surpassed. It is not caprice, but a most sure instinct, which has led him to seize on some particular passage of a careless and ill-informed, writer, and to perceive in it the marks of most important truth; while, on other occasions, he has set aside the statements of this same writer, with no deference to his authority whatever. To say that his instinct is not absolutely infallible, is only to say that he was a man; but he who follows him most carefully, and thinks over the subject of his re ï~~84 HISTORY OF ROME. [CHAP. XII] searches most deeply, will find the feeling of respect for his judgment continually increasing, and will be more unwilling to believe what Niebuhr doubted, or to doubt what he believed. I have said thus much as a preface to the ensuing chapter, in which I am to trace the internal history of Rome, from the passing of the Publilian law to the appointment of the decemvirs. The detail itself will show how little Niebuhr has deserved to be charged with overthrowing the Roman history; while, on the other hand, if I have followed him even on ground on which, had he not pronounced it to be firm, I might myself have feared to venture, I have done it, not in blind or servile imitation, but in the reasonable confidence inspired by experience. For many years I had doubted and disputed Niebuhr's views on several points of importance, but having had reason at last to be convinced that they were right, I feel for him now a deference the more unhesitating, as it was not hastily given, nor without inquiry. Immediately after the passing of the Publilian law,' the consuls took the field A. U. c. 2ss. A. c. against the.Equians and Volscians. It was now the period when 469. Campaign of Ap- those two nations were pressing most dangerously upon Latium, P)ius Claudius against he aquians and vo- not only overrunning the territory both of the Latins and Romans..an. with their plundering incursions, but taking or destroying the cities of the Latin confederacy. There was no choice, therefore, but to oppose them; and thus the hated Appius Claudius, as well as his colleague, T. Quinctius, led out an army from the city. But the mutual suspicion and hatred between him and the commons was so great that they could not act together. He was tyrannical, and his soldiers became discontented and disobedient. In this temper they met the Volscians and were beaten; and Appius, finding it hopeless to continue the campaign, began to retreat towards Rome. On his retreat he was again attacked and again beaten; the soldiers, it is said, throwing away their arms and flying at the first onset. Thus doubly embittered by the shame of his defeats, and having obtained some color for his vengeance, Appius, as soon as he had rallied his army on ground out of the reach of the enemy, proceeded to indulge his old feelings of hatred to the commons. By the aid of the Latin and Hernican troops who were present in the army, and, above all, of the Roman burghers, who formed the best armed and best trained part of his own forces, he was enabled to seize and execute every centurion whose century had fled, and every standard-bearer who had lost his standard, and then to put to death one out of every ten men of the whole multitude of legionary soldiers. The maintenance of military discipline, by whatever degree of severity it was Appius is brought to effected, was regarded by the Romans, not as a crime, but as a trial. Different ac- d c.f s... ac- sacred duty; nor would even the commons have complained of counts of his aubsequent fate. Appius for simply punishing with rigor his cowardly or mutinous soldiers. But when new consuls were come into office, L. Valerius and T..AEmilA. U. c. 248s. A. C. ius,2 and both showed themselves inclined to carry into effect the 468. agrarian law of Sp. Cassius, while Appius still opposed it, and was most forward in defeating the measure, then two of the tribunes, M. Duilius and C. Sicinius,' brought him to trial before the commons as the perpetual enemy of their order; accusing him of giving evil counsels to the senate, of having laid violent hands on the sacred person of a tribune in the disputes about the Publilian law, and lastly, of having brought loss and shame on the commonwealth, by his ill conduct in his late expedition against the Volscians. His bloody executions were not charged as a crime against him; but every friend or relation of his victims would feel, that he who had dealt such severe justice to 1 Livy, II. 58, 59. Dionysius, IX. 50. the consuls at this period began their year on 2 Livy, II. 61. Dionysius, IX. 51-54. the first of August (Livy, III. 6); when the SThese were two of the tribunes elected tribunes began theirs, before the decemvirate when the Publilian law was passed. The trib- is uncertain. See Niebuhr, Vol. II. p. 227, ant unes and consuls came into office, it should note 492, 2d edit. e remembered, at different times of the year; ï~~CHAr. XIII.] PERIOD OF PESTILENCE. 85 others, could claim no mitigation of justice towards himself; and Appius felt this also, and neither expected mercy from the commons, nor would yield to ask it. A most extraordinary difference prevails, however, in the accounts of his subsequent fate. The common story says that he died in prison before his trial, implying that he killed himself to escape his sentence; but, according to the Fasti Capitolini,4 it was this same Appius who, twenty years afterwards, became decemvir; and we must suppose, therefore, that he now fled from Rome, and lived for some years in exile at Regillus, till circumstances enabled him to return, and to take part in public affairs once more. The two following years were marked' by continued contests about the agrarian law of Cassius, which still led to no result. The fortune of A. U. C. 285. A. C. war, however, gave some relief to the necessities of the poorer per. Antia by.a d its ort taken by the l~ocommons: for, in the year 285, the port6 of Antium was taken, mans. and a quantity of merchandise was found there, which was all given up to the soldiers; and the year following Antium itself fell into the hands of the Romans; and on this occasion, also, the soldiers derived some profit from their conquest. In the year 287, Ti.' Emilius, one of the consuls, supported the demand of the tribunes for the execution of the agrarian law; and we are A. v. c. s286. A. c. told that the senate,7 in order to pacify the commons by a partial 466. compliance, proposed to send a colony to Antium, and to allow the commons, as well as the burghers, to enrol themselves amongst the colonists. But as the colony was to consist equally of Romans,' Latins, and Hernicans, and would be placed in a position of great insecurity, being, in fact, no other than a garrison, which would have at once to keep down the old population of the city within, and to defend itself against enemies without, the relief thus offered to the commons was neither very considerable in its amount, nor in its nature very desirable. The next year began a period of distress and suffering so severe, and arising from such various causes, that political disputes were of necessity severe visitations o suspended, and for four years no mention is made of any demands pestilence. for the agrarian law, or of any other proceeding of the tribunes. The middle of the fifth century before the Christian era was one of those periods in the history of mankind which, from causes to us unknown, have been marked by the ravages of pestilence; when a disease of unusual virulence has, in a manner, travelled up and down over the habitable world during the space of twenty, thirty, or even fifty years; returning often to the same place after a certain interval; pausing sometimes in its fury, and appearing to sleep, but again breaking out on some point or other within its range, till, at the end of its appointed period, it disappears altogether. Rome was first visited by one of these pestilences, as has been already mentioned, in the year 282, when it caused a very great mortality; it now returned again in 288,9 and crippled the operations of the Roman army against the iEquians. Whether it continued in the following year A. U. C. 289. A. C. is uncertain, but the.Equians plundered the Roman territory with 466. great success; and although the Roman annalists pretend that, towards the end of the year, the consul, Q. Fabius, cut off the main body of the plunderers, and then in turn ravaged the lands of the enemy, yet it is manifest that the campaign was on the whole unfavorable to the Romans. So it was the next year SIt had been long known that the Fasti Livy calls this place Ceno; the Antiates, it called Appius the decemvir, " Ap. F. M. N." seems, already had begun the piracies, of which " Appii Filius, Marci Nepos;" whereas the Demetrius Poliorcetes complained long aftercommon story makes him the grandson, as well wards to the Romans; and the merchandise as the son of an Appius. But one of the re- taken by the Romans was partly, it is said, obcently discovered fragments of the Fasti calls tained in this manner, probably from the Carthe decemvir, under the year 802, " Appius thaginians. The situation of Ceno is unknown: Claudius, Ap. F. M. N. Crassin. Regill. Sabi- Strabo speaks of Antium itself as being withnus, II.," clearly showing that by calling the out a harbor, as standing high upon cliffs. consulship of 802 his second consulship, the ' Livy, III. 1. author of the Fasti considered him to be the 8 Dionysius, IX. 59. same man who had been consul in 283. ' Livy, III. 2. 6 Livy, II. 68-65. Dionysius, IX. 56-58. ï~~HISTORY OF ROME. [CnuP. XIII also: the united forces of the Romans, Latins, and Hernicans, could not prevent the total ravaging of the Roman territory; and the crowding1" of the fugitives from the country into the city was a cause or an aggravation of the return of the pestilence, which broke out again in the autumn, soon after the appointment of the consuls for the year 291, with unparalleled fury. During the whole of this fatal year, the Romans were dying by thousands within the city, while the.Equians and Volscians were ravaging the whole country without opposition, and defeated with great loss the Latins and Hiernicans, who vainly attempted to defend A.. 46. the territory of their allies and their own. At last the pestilence A.c.. abated, and the new consuls, in the autumn of 292," took the field, and made head against the enemy with some effect._ Immediately on this first gleam of better times, the political grievances of the commons began again to excite attention and to claim redress. We are told that one of the tribunes'2 again brought forward the question of First proposal of tho the agrarian law; but that the commons themselves refused to T.rentn law. entertain it, and resolved to put it cff till a more favorable opportunity. This is ascribed by Dionysius to the zeal which all orders felt to take vengeance on their foreign enemies; but he forgets that another measure, no less obnoxious to the burghers, was brought forward in this year, and readily receiired by the commons: and the better explanation is, that the leaders of the commons began to see that they must vary their course of proceeding; that to contend for the agrarian law under the actual constitution, was expecting fresh and pure water from a defiled spring; the real evil lay deeper, and the commons must obtain equal rights and equal power with the burghers, before they could hope to carry such measures as most concerned their welfare. Accordingly, Caius Terentilius3 iHarsa, one of the tribunes, proposed a law for a complete reform of the existing state of things. Its purport was, that4 ten commissioners should be chosen, five by the commons and five by the burghers, and that those so chosen should draw up a constitution, which should define all points of constitutional, civil, and criminal law; and should thus determine, on just and fixed principles, all the political, social, and civil relations of all orders of the Roman people. Now, as a popular cry of reform has never originated in the love of abstract A rgrievances ofthe justice, or in the mere desire of establishing a perfect form of gov-.o.ons. ernment, but has been always provoked by actual grievances, and has looked especially for some definite and particular relief, so the Roman commons, in supporting the Terentilian law, were moved by certain practical evils, which lay so deep in the existing state of things, that nothing else than a total reform of the constitution could remove them. These were, the extreme separation and unequal rights of the burghers and the commons, the arbitrary powers of the consuls, and the uncertainty and variety of the law; evils which affected every part of men's daily life; and the first of them, in particular, was a direct obstacle to that execution of Cassius' agrarian law, on which the actual subsist20 Livy, III. 6. Terentilian law, 3dKca 6 pa J0 AeOat f vyypaia6 11 Livy, III. 8. ab7roxpdropa-KaO' rt lOpterae r6,s oLK,4eral. 12 Dionysius, IX. 69. The name of the trib- We are so accustomed to distinguish between a une is corrupt, xlrov Trov. Gelenius propo- constitution and a code of laws, that we have nc ses to read TLrioV.. one word which will express both, or convey a 13 Livy, III. 9. Niebuhr writes the tribune's full idea of the wide range of the commissionname "Terentilius," according to some of the er's powers; which embraced at once the work best MSS. of Livy. Dionysius calls him 1 Te- of the French constituent assembly, and that of rentius." Napoleon when he drew up his code. But this 1 Livy speaks only of five; Dionysius of ten: comprehensiveness belonged to the character of Niebuhr reconciles the two statements in the the ancient lawgfvers; a far higher term than manner given in the text. legislators, although etymologically the same; These " high commissioners," " Decemviri they provided for the whole life of their citizens legibus scribendis," were like the Greek voyoOi- in all its relations, social, civil, political, moral, rat, or, in the language of Thucydides (VIII. and religious. 67), which exactly expresses the object of the ï~~CHAP. XIII.] TIDE TERENTILIAN LAW. 87 ence of the poorer commons after the late times of misery and ruin might be said to depend. Society has almost always begun in inequality, and its tendency is towards equality. This is a sure progress; but the inequality of its first Their original poliotical stage is neither unnatural nor unjust; it is only the error of pre- lndiioei.atsuirserving instead of improving which has led to injustice; the folly cmstances. of thinking that men's institutions can be perpetual when every thing else in the world is continually changing. When the conquered Latins were first brought to Rome by those who were then the only Roman citizens, when they were allowed to retain their personal liberty, to enjoy landed property, and to become so far a part of the Roman people, it was not required that they should at once pass from the condition of foreigners to that of perfect citizens; the condition of commons was a fit state of transition from the one rank to the other. But after years had passed away, and both they and their original conquerors were, in fact, become one people; above all, when this truth had been already practically acknowledged by the constitution of Servius Tullius, to continue the old distinctions was but provoking a renewal of the old hostility: if the burghers and the commons were still to be like two nations, the one sovereign and the other subject, the commons must retain the natural right of asserting their independence on the first opportunity, of wholly dissolving their connection with those who refused to carry it out to its full completion. That their desire was for complete union, rather than for independence, arose, over and above all other particular causes, from that innate fondness for remaining as we are, which nothing but the most intolerable misery can wholly eradicate. The burghers resolved to resist the Terentilian law, but they wished, apparently, as in the case of the Publilian laws, to prevent its being passed Means adopted by the by the commons in their tribes, rather than to throw it out in their burghers to oppooo the own assembly of the curimae or in the senate. Accordingly, they p ct of Kas again proceeded by an organized system of violence; the younger nctius. burghers were accustomed to have their brotherhoods or clubs, like the young men of the aristocratical party in Athens; the members of these clubs were ready to dare any thing for the support of their order, and being far more practised in martial exercises than the commons, were superior in activity, if not in actual strength, and, by acting in a body, repeatedly interrupted all business, and drove their antagonists from the Forum. At the head of these systematic rioters was Keso Quinctius, I the son of the famous L. Quinctius Cincinnatus; and he made himself so conspicuous, that A. Virginius, one of the tribunes, impeached him before the assemby of the tribes, and named a day on which he was to appear to answer to the charge. This is the fifth instance of impeachment by the tribunes, which we have met with in the course of fifteen years, besides the famous case of Co- of t toian w,. riolanus. The right in the present case was grounded on the Icil- whihhis impeachment ian law, brought forward by a tribune, Sp. Icilius, which I have was grounded. not noticed before, because the time at which it passed is doubted. Dionysius, who alone mentions it, places6 it as early as the year 262, in the year after the first appointment of the tribunes; while Niebuhr thinks that it could not have been earlier than the year 284, and that it was one of the consequences of the success of the Publilian laws. It established the important point, that if any burgher interrupted a tribune when speaking to the commons in their own assembly, the tribune might impeach him before the commons, and might require him to give sureties to such an amount as the accuser should think proper; if he refused to give security, he was to be put to death and his property confiscated; if he demurred to the amount of the sum required, this question also was to be tried by the commons. The great object in this law was to assert the jurisdic Is Livy, III. 11. Dionysius, X. 4, 5. 11 Dionysius, VII. 17. ï~~88 HISTORY OF ROME. [CHAP. XIII tion of the commons over a burgher; hence the severity of the punishment if the accused refused to give the required security; he was then to be put to death as an open enemy; but if he complied, and appeared to answer to the charge, the ordinary sentence for a mere interruption of the business of the assembly of the tribes, would probably be no more than a fine; and this seems to have caused the confusion of Dionysius' statement, for he represents the sureties as required, not for the accused person's appearance at his trial, but for his payment of such a fine as the tribunes might impose, as if the sentence could, in no case, exceed a fine. Whereas the case of Appius Claudius, as well as that of Kmeso, proved the contrary; and of Kreso, Livy says11 expressly that the tribune impeached him for a capital offence, before the alleged charge of murder was brought against him. In fact, where there is no fixed criminal law, awarding certain punishments for certain offences, the relation of judge implies a power of deciding not only as to the guilt or innocence of the prisoner, but also as to the degree of his guilt, and the nature of the punishment to be inflicted. And much more would this be the case when the judgment was exercised, not by an individual magistrate, but by the sovereign society itself. According to the Icilian law, the tribune called upon K eso Quinctius to give Keeoo goes into exile sureties for his appearance, and the amount of the security required before his trial. was heavy; he was to find ten sureties,'8 at three thousand ases each. But in the mean time a witness, M. Volscius Fictor, who had Tzeen tribune some years before, came forward to charge Keso with another and a totally distinct crime. "During the time of the plague," he said, "he and his brother, a man advanced in years, and not completely recovered from an attack of the pestilence, had fallen in with Keso and a party of his club in all the license of riot in the Suburra. An affray had followed, and his brother had been knocked down by Kreso: the old man had been carried home, and died, as he thought, from the injury; but the consuls had every year refused to listen to his complaint, and try the offender." Outrages of this sort on the part of the young aristocracy were common even at Athens;19 in aristocratical states they must have been far more frequent; and in all ordinary cases there is a sympathy with youth and birth, even amongst the people themselves, which is against any severe dealing with such excesses. But Keeso's offence was gross, and seemed to belong to his general character; the commons were indignant to the highest degree at this new crime, and could scarcely be prevented from tearing the offender to pieces. Even the tribune thought that no money security was sufficient when the charge was so serious; the body of the accused must be kept safe in prison, that he might abide the sentence of the law. But some of the other tribunes were prevailed on by the powerful friends of the criminal to extend to him their protection; they forbade the attachment of his person. Being thus left at large, he withdrew from justice, and fled across the Tiber into Etruria before his trial came on.Â~ His relations, by whose influence justice had been thus defrauded, paid the poor compensation of their forfeited bail; and even here the punishment would not fall on the guilty, for when a burgher was fined, his clients were bound to contribute to discharge it for him. Keso's flight provoked his associates to dare the last extremities. From mere Conspiraoy to effect is rioters they became conspirators; and they played their game return. deeply. Still continuing their riots whenever the assembly of the tribes met, but taking care that no one of their body should be especially conspicucus, they, on all other occasions,' endeavored to make themselves popular: they -ould speak civilly to the commons, would talk with them, and ask them to their 1" A. Virginius Kesoni capitis diem dicit." non. See, too, the stories told in Plutarch of 111. 11. the manifold excesses of Alcibiades. 1e Livy, III. 13. 20 Livy, III. 13. 13 See the well-known speech of Demosthenes 21 Livy, III. 14. ainst Midias, and also the speech against Co ï~~CHAP. XIII.] KIESO QUINCTIUS. 89 houses, well knowing how readily the poor and the humble are won by a hlittle attention and liberality on the part of the rich and noble. Meanwhile, a darker plot was in agitation: Keso held frequent communication with them; he had joined himself to a band of exiles and runaway slaves from various quarters, such as abounded in Italy then no less than in the middle ages: with this aid he would surprise the Capitol by night, his associates would rise and massacre the tribunes and the most obnoxious of the commons, and thus the old ascendency of the burghers would be restored, such as it had been before the fatal concessions made at the Sacred Hill. Such was the information which the tribunes, according to Dionysius," laid before the senate, soon after Kieso's flight from Rome. From what A party of exiles and A party of exiles and annalist he copied this statement does not appear; but Livy, who slaves surprise th Capitol by night; but it is has followed some author far more partial to the Quinctian family, reo ered tmnext day, e nand the party who had makes no mention of it, although it is really essential to the right seized it are cut to understanding of his own subsequent narrative. For in the next pies. year, according to the account of both Livy and Dionysius,l the Capitol was surprised by night by a body of slaves and exiles, and the leader of the party made it his first demand that all Roman exiles should be restored to their country. The burghers had great difficulty in persuading the c6mmons to take up arms; till at last the consul, P. Valerius, prevailed with them, and relying on his word that he would not only allow the tribunes to hold their assembly for the consideration of the Terentilian law, but would do his best to induce the senate and the curime to give their consent to it, the commons followed him to the assault of the Capitol. He himself was killed in the onset; but the Capitol was carried, and all its defenders either slain on the spot, or afterwards executed. The leader of this desperate band is said to have been a Sabine, Appius Herdonius; and in the story of the actual attempt, the name of Kaeso Ks's share in te enKaeso's share in the enis not mentioned. But we hear, in general terms,24 of Roman ex- terprise set openly aciles, whom it was the especial object of the enterprise to restore to.owledged. their country; and we may be sure that Kmeso was one of them. Appius Herdonius was, probably, a Sabine adventurer in circumstances like his own, whom he persuaded to aid him in his attempt. Had we the real history of these times, we should find, in all likelihood, that the truth ia the stories of Kmso and Coriolanus has been exactly inverted; that the share of the Roman exile in the surprise of the Capitol has been as unduly suppressed as that of the Roman exile in the great Volscian war lhas been unduly magnified; that Kieso's treason has been transferred to Appius Herdonius, while the glory of the Volscian leader, Attius Tullius, has been bestowed on Coriolanus. The burghers, as a body, would certainly be opposed, both from patriotic and selfish motives, to the attempt of Kaeso; an exile forcing his return L.Qiinetiue, fthe ter by the swords of other exiles, and seizing the citadel, was likely to ere Kntilian olpp sehe yerenyilan law vehoset himself up as a tyrant alike over the burghers and the com- mently. mons; and even his own father, L. Quinctius, would have been the first to resist him. But when he had fallen, and this danger was at an end, other feelings returned; and L. Quinctius would then hate the commons with-a deeper hatred, as he would ascribe to them the miserable fate of his son; Kaeso's guilt, no less than his misfortune, would appear the consequence of their persecution. So when he was elected consul in the room of P. Valerius, he seemed to set no bounds to his thirst for vengeance. The promise by which Valerius had prevailed on the commons to follow him to the recovery of the Capitol was utterly disregarded; L. Quinctius"m openly set the tribunes at defiance, told them that they should never pass their law while he was consul, and declared that he would instantly lead forth the legions into the field against the zEquians and Volscians. ' Dionysius, X. 10, 11. SLivy, III. 15. Dionysius, X. 14-16. 24 See chap. XI. note 11. 25 Livy, 111. 19. ï~~90 HISTORY OF ROME. [CHAr. XIIt The tribunes"6 represented that they would not allow him to enlist any as soldiers: but Quinctius replied, that he needed no enlistment; "the His violent mensures. men who took up arms under P. Valerius swore to assemble at the consul's bidding, and not to disband without his orders. The consul never dis. banded them; and I, the consul," he said, "command you to meet me in arms A. U. c. 294. A. c. to-morrow at the lake Regillus." But more was said to be de458. signed than a simple postponement of the Terentilian law: the augurs were to attend,27 in order to inaugurate the ground where the soldier were to meet, and thus convert it into a lawful place of assembly; then the army, in its centuries, would be called upon to repeal all the laws which had been passed at Rome under the influence of the tribunes; and none would dare to oppose the consul's will, for, beyond the distance of one mile from the city, the tribunes' protection would be of no avail, nor did there exist any right of appeal. More than all, Quinctius repeatedly declared that, when his year of office was expired, he would name a dictator, that the tribunes might be awed by the power of a magistrate from whom there lay no appeal, even within the walls of Rome. The Roman annalists who recorded these events26 loved to believe that, in spite He is prevailed upon to of all their provocations, the commons so respected the sacredness abandon the. of an oath,/that they would have kept the letter of it to their own hurt, even when its spirit in no way bound them to obedience. They say that the tribunes and the commons felt that they could not resist as a matter of right; that they appealed9 to the mercy of the senate, and that the senate only prevailed with the consuls to abandon their purpose of taking the field, on condition that the tribunes would promise not to bring forward the question of the law again during that year. It may be, however, that the senate knew how far they could safely tempt the patience of the tribunes; threats might be held out, in order to claim a merit in abandoning them; but an actual attempt to march the legions out of the city, with the avowed purpose of making them the helpless instruments in the destruction of their own liberties, would be too bold a venture; at the last excess of insolent tyranny, Nemesis would surely awake to vengeance. At any rate, it appeared that neither the tribunes nor the commons were disA. U.C. 295.A.C.457. posed to let the Terentilian law be forgotten; for when the elecThe law is delayed by tions came on, the same tribunes who had already been in office for foreign war. two years were re-elected for a third year, and again began to bring forward the disputed question. But again they gave way to the pressure of foreign war; for the danger from the.zEquians and Yolscians was imminent: the former had surprised the citadel of Tusculum; the latter had expelled the Roman colony from Antium, and recovered that important city. After a series of operations, which lasted for several months, the.&Equians were dislodged from Tusculum, but Antium still remained in the possession of the Volscians. Thus the Terentilian law was again delayed:" but, in the mean time, the burghers, Cargegin.Vo-who retained a lively resentment for the fate of Kaeso, were trying ius r false witness to establish a charge of false witness against M. Volscius, by whose in the trial ofK. testimony, as to his brother's murder, the event of Kaeso's trial had been chiefly decided. The two questores parricidii, or chief criminal judges, proposed to impeach Volscius before the curim; but the tribunes refused to allow the trial to come on till the question of the law had been first decided. Thus the year passed away: but the tribunes were again, for the fourth time, reelected. In the following year is placed the story already related of the dictatorship of A. U. C. 296. A. C. L. Quinctius Cincinnatus, and his deliverance of the consul and his 4.. army, when they were blockaded by the.tEquians. The continued 20 Livy, III. 20. aptas faciebat, sed suos potius mores ad ea ae' Livy, III. 20. commodabat. 2 Livy, III. 20. Nondum he', qus nune te- 2 Livy, III. 21. net smculum, negligentia Deum venerat: nec in- 'o Livy, III. 21-23. terpretando sibi quisque jusjurandum et leges 9 Livy, III. 24. ï~~CHAP. XIII.] NUMBER OF TRIBUNES INCREASED TO TEN. 91 absence32 of the legions, which kept the field nearly the whole year, afforded the burghers a pretence for opposing the introduction of the law; but itatri o Dictatorship of L. L. Quinctius availed himself of his dictatorial power to hold the Quinetius. volscius comitia for the trial of Volscius, in defiance of the tribunes; and goes into exile. the accused, feeling his condemnation to be certain, left Rome, and availed himself of the interchange of citizenship between the Romans and Latins, to become a citizen of Lanuvium. The tribunes were again re-elected for a fifth time. The year 29733 was marked by the same dangers from the.AEquians; and the Sabines are said, in this and in the former year, to have joined A. U. c. 297. A. c. them, and to have carried alarm and devastation into a new part 455. b oeast ein thi number of the tribof the Roman territory, that which lay between the Tiber and the es. Anio. Thus the law made no progress: but the tribunes obtained an important point, that their number should henceforth be doubled. Ten tribunes were from this time forward annually elected; two from each of the five classes. There can be no doubt that the annals of this period, as we now have them in Livy and Dioiysius, present a very incomplete picture of these The annals have not dissensions. The original source of the details must have been the egien full pictreof memorials of the several great families; each successive version of times. these, as men's notions of their early history became more and more romantic, would omit whatever seemed inconsistent with the supposed purity and nobleness of the times of their forefathers; and acts of bloody vengeance, which the actors themselves, and their immediate descendants, regarded with pride rather than compunction, as Sulla gloried in his proscriptions and recorded them on his monument, were carefully suppressed by historians of a later age. The burghers of the third and fourth centuries thought it no dishonor that their own daggers,4 or those of their faithful clients, should have punished with death the insolence and turbulence of the most obstinate of the commons; they would glory in breaking up the assemblies of their adversaries by main force, and in treating them, on other occasions, with all possible scorn and contumely; ejecting them from their houses"5 with a strong hand, insulting them and their families in their nightly revels, or in open day; abusing them in the streets, or besetting their doors36 with armed slaves, and carrying off their wives and daughters.37 Their own houses, built mostly on the hills of Rome, which were so many separate fortresses, and always, by their style of building, secure at once from public notice and from attack, favored the perpetration of all acts of violence. Others, besides insolvent debtors, might be shut up in their dungeons; and if hatred or fear prompted them to consign their victims to a yet surer keeping, the dungeon might readily become a grave,33 and who would dare to search for those whom it contained, whether alive or dead? One act in particular, in which its authors doubtless gloried as in a signal example of public justice, has been so concealed by the later annal- cre st about the Obscure story about the ists, that from the faint and confused notices of it which alone re- burnig of neeon o main to us, we can neither discover its date, nor its cause, nor any traitors. * Livy, III. 29. 3 Livy, IPI. 30. wealth, we may judge of that shown to the 34 Zonaras, VII. 17, who, as we now find, commons at an earlier period. norrowed his statement from Dion Cassius. 7 The famous story of Virginia cannot have Dion's words are, of rarpÂ~bat