[25.1] Quintius, having taken possession of Corbio, ordered choicest of the spoils to be carried to Rome and permitted all the rest to be distributed by centuries both to the troops that had been with him and to those that had been sent ahead with Quintius the quaestor. As for the forces which had been shut up in their camp with Minucius the consul, he said that he had already bestowed a great gift upon them in delivering them from death. [2] After doing these things and forcing Minucius to resign his magistracy, he returned to Rome and celebrated a triumph more brilliant than that of any other general, having in the space of sixteen days in all from that on which he had received the magistracy saved an army of his fellow citizens, defeated a first-rate force of the enemy, plundered one of their cities and left a garrison in it, and brought back the leader of the war and the other prominent men bound in chains. [3] But — what most of all was worthy of admiration about him — though he had received so great power for six months, he did not take full advantage of the law, but having called the people together in assembly and given them an account of his achievements, he abdicated his magistracy. And when the senate wanted him to accept as much of the conquered land as he wished, together with slaves and money out of the spoils, and to relieve his poverty with deserved riches which he had acquired most honourably from the enemy by his own toils, he refused to do so. Also when his friends and relations offered him magnificent gifts and placed their greatest happiness in assisting such a man, he thanked them for their zeal, but would accept none of their presents. Instead, he retired again to that small farm of his and resumed his life of a farmer working his own land in preference to the life of a king, glorying more in his poverty than others in their riches. [4] Not long afterwards Nautius also, the other consul, returned to Rome with his forces, after defeating the Sabines in a pitched battle and overrunning a large part of their country.
[26.1] After these consuls came the eighty-first Olympiad (the one at which Polymnastus of Cyrenê won the foot-race), the archon at Athens being Callias, in whose term of office Gaius Horatius and Quintus Minucius succeeded to the consulship at Rome. During their term of office the Sabines made another expedition against the Romans and laid waste much of their territory; and the country people who had fled from their fields arrived in great numbers, reporting that all the country between Crustumerium and Fidenae was in possession of the enemy. [2] The Aequians also, who had been recently conquered, were once more in arms. The flower of their army, marching by night to the city of Corbio, which they had handed over to the Romans the year before, and finding the garrison there asleep, put all to the sword except a few who chanced to be late to bed. The rest of the Aequians marched in great force to Ortona, a city of the Latin nation, and took it by storm; and the injuries they were unable to inflict on the Romans they inflicted in their resentment on the Romans’ allies. [3] For they put to death all the men who were in the prime of life except those who had escaped at once while the city was being taken, and enslaved their wives and children together with the aged; then, hastily gathering together all the possessions they could carry off, they returned home before all the Latins could come to the rescue. [4] As news of these disasters was brought simultaneously both by the Latins and by those of the garrison who had escaped, the senate voted to send out an army and that both consuls should take the field. But Verginius and his fellow tribunes, who held the same power for the fifth year, sought to prevent this, as they had also done in the preceding years, opposing the levies announced by the consuls and demanding that the war inside the walls should first be terminated by allowing the populace to decide about the law which the tribunes were trying to introduce regarding an equality of rights; and the populace joined with them in uttering many invidious charges against the senate. [5] But as the time dragged on and neither the consuls would consent to a preliminary vote by the senate or to the laying of the law before the populace, nor the tribunes to allow the levies to be made and the army to take the field, and many speeches were made and charges hurled back and forth both in the meetings of the assembly and in the senate, all in vain, another measure that was introduced against the senate and misled its members did indeed appease the dissension then raging, but proved the source of many other great gains to the populace. I shall now give an account of the manner in which the populace secured this power.
[27.1] While the territory of both the Romans and their allies was being laid waste and plundered and the enemy marched through it as through a solitude, in the confidence that no army would come out against them by reason of the dissension then raging in the city, the consuls assembled the senate with the intention of deliberating finally this time about the whole situation. [2] After many speeches had been made, the person who was first asked his opinion was Lucius Quintius, who had been dictator the year before, a man who had the reputation of being not only the ablest general but also the wisest statesman of his time. The opinion he expressed was as follows: That they should preferably persuade both the tribunes and the rest of the citizens to postpone to more suitable times their decision regarding the law, which was not at all pressing at the moment, and to undertake with all alacrity the war that was at hand and all but at their gates, and not to allow their empire, which they had acquired with many toils, to be lost in a shameful and pusillanimous fashion. [3] But if the populace would not be persuaded, he advised that the patricians should arms themselves together with their clients, and associating with themselves such of the other citizens as were willing to take part in this most glorious struggle for the fatherland, to engage in the war with alacrity, taking as leaders of the expedition all the gods who protect the Roman state. [4] For one or the other of two honourable and just destinies would be theirs: they would either win a victory more brilliant than all which they or their ancestors had ever won, or die fighting bravely for the noble prizes that victory brings with it. He added that neither he himself would be wanting in this glorious enterprise, but would be present and fight with a spirit equal to that of the most robust, nor would any of the others of the older men be wanting who had any regard for liberty and a good name.
[28.1] All the others approving of this advice and there being no one to speak in opposition, the consuls called an assembly of the populace; and when all the people of the city had come together in expectation of hearing something new, Gaius Horatius, one of the consuls, came forward and attempted to persuade the plebeians to submit willingly to this campaign also. But as the tribunes opposed this and the populace gave heed to them, the consul again came forward and said: [2] “A fine and wonderful thing, indeed, have you tribunes accomplished, Verginius, in dividing the populace from the senate; and, so far as it rests with you, we have lost all the advantages which we possessed, whether inherited from our ancestors or acquired by our own toils. [3] As for us, however, we shall not part with them without a struggle, but shall take up arms along with all who desire the preservation of the fatherland and shall enter the struggle holding before our deeds the buckler of fair hopes. And if any god watches over noble and just struggles, and if Fortune, which long has been exalting this commonwealth, has not yet abandoned it, we shall have the victory over our enemies; or, if any divide is opposed to and stands in the way of the preservation of the commonwealth, at any rate our affection and zeal for it will not perish, but we shall choose the best of all deaths — to die for the fatherland. [4] As for you, stay here and keep house with the women, O fine and noble protectors of the commonwealth, after abandoning, or rather betraying, us; but life for you will be neither honourable, if we conquer, nor safe, if things go otherwise with us. [5] Unless, indeed, you are buoying yourselves up with the bleak hope that when the patricians are all destroyed the enemy will spare you in consideration of this service and will allow you to enjoy your country, your liberty, your empire and all the other blessings you now have, notwithstanding that you, when you displayed the noblest spirit, deprived these very enemies of much land, razed many of their cities and enslaved their inhabitants,
and erected many great trophies and monuments of your enmity against them which not even all time to come will ever blot out. [6] But why do I charge this against the populace, which never became cowardly of its own accord, and not rather against you tribunes, Verginius, who are the authors of these fine measures? We, then, who must needs show no ignoble spirit, have taken our resolution and nothing shall hinder us from undertaking the struggle in defence of the fatherland; but upon you, who abandon and betray the commonwealth, will come a punishment not to be scorned, as vengeance from the gods, if so be that you escape the punishment of men; yet you will not escape that either. [7] And do not imagine that I am trying to terrify you, but be assured that those of us who will be left behind here to guard teach shall, in case the enemy should prove victorious, show that spirit which it befits them to show. Have there not indeed been instances already of barbarians who, when they were on the point of being captured by the enemy, resolved not to yield to them either their wives, their children or their cities, but to burn the cities and slay their dear ones? [8] And will it fail, then, to occur to the Romans, to whom it is a heritage from their fathers to rule over others, to show this same spirit in their own case? They will never be so degenerate, but will begin with you who are their worst enemies and only afterwards turn to their loved ones. Consider these matters before you hold your assemblies and introduce new laws.”
[29.1] After he had said this and many things to the same purport, he brought before them the oldest patricians in tears, at sight of whom many of the plebeians could not even themselves refrain from weeping. When great compassion had been aroused both by the age and the dignity of these men, the consul, after a short pause, said: [2] “Are you not ashamed, citizens, and ready to sink beneath the earth, when these old men are going to take up arms in defence of you who are young? Will you bear to abandon these leaders whom you always called fathers? Wretched men that you are, and unworthy even to be called citizens of this land settled by men who carried their fathers on their shoulders, men to whom the gods granted a safe passage through arms and through fire!” [3] When Verginius perceived that the people were moved by these words, he was afraid lest, contrary to his desire, they might consent to join in the war; and coming forward, he said: “As for us, we are neither abandoning nor betraying you, fathers, nor would we desert you, even as we have hitherto never declined taking part in any expedition; on the contrary, we choose both to live with you and to suffer with you whatever Heaven shall decree. [4] But since we have at all times been zealous in your service, we desire to receive from you a moderate favour — that, even as we share the common dangers with you, so we may also enjoy an equality of rights, by instituting as safeguards of our liberty laws which we shall all alike use always. [5] However, if this proposal offends you and you do not deign to grant this favour to your fellow citizens, but regard it as a capital crime to give the populace an equal share of rights, we shall no longer contend with you; but we shall ask another favour of you, upon obtaining which we may possibly no longer stand in need of new laws. We have a shrewd suspicion, however, that we shall not obtain even this favour — one which, while doing no injury to the senate, will bring to the populace a kind of honour and general goodwill.”
[30.1] When the consul replied that if the tribunes would yield on this measure to the senate they would be denied nothing else that was reasonable, and ordered him to state what they desired, verginius, after a short conference with his colleagues, said he would announce it in the senate. [2] Thereupon, when the consuls had convened the senate, Verginius came forward, and after presenting to that body all the just demands of the populace, asked that the magistracy which protected the populace should be doubled and that instead of five tribunes ten should be chosen every year. Most of the senators thought this would cause no harm to the commonwealth and advised granting it without offering any opposition; [3] this opinion was first offered by Lucius Quintius, who at that time had the greatest authority in the senate. Only one person, Gaius Claudius, spoke against it. He was the son of Appius Claudius, who had on every occasion opposed the measures of the plebeians when any of them were contrary to law; he had inherited the political principles of his father, and when he himself was consul, had prevented the inquiry concerning the knights accused of conspiracy from being committed to the tribunes. This man made a long speech, pointing out that the populace, if their magistracy were doubled, would not be any more moderate or worthy, but more stupid and more troublesome. [4] For the tribune seem to be chosen thereafter, he said, would not receive the magistracy upon certain definite terms, so as to adhere to the established customs, but would again bring up the question of the allotment of lands and that of an equality of privileges, and all of them in turn would seek both by their words and by their actions to increase the power of the populace and abolish the privileges of the senate. This speech had a great effect upon most of the senators. [5] Then Quintius brought them over again by showing that it was to the interest of the senate that there should be many champions of the populace. For there would be less harmony among many than among a few, and there was just one way of relieving the commonwealth, a way that Appius Claudius, the father of Gaius, had been the first to perceive — namely, if there should be dissension and lack of unanimity in the college of tribunes. [6] This opinion prevailed, and the senate passed a decree that the populace should be permitted to appoint ten tribunes each year, but that no one of the men then in office should be eligible. Verginius and his colleagues, having got this preliminary decree from the senate, laid it before the populace; and when they had secured the ratification of the law embodying the measure, they chose ten tribunes for the following year.
[7] After the sedition was appeased the consuls enrolled their forces and drew lots for their commands. To Minucius fell the war against the Sabines and to Horatius that against the Aequians; and both set out in haste. The Sabines garrisoned their cities and permitted everything in the country districts to be pillaged; but the Aequians sent an army to oppose the Romans. [8] Though they fought brilliantly, they were unable to overcome the Roman army, but were compelled to retire to their cities after the loss of the small town in defence of which they were fighting. Horatius, after putting the enemy to flight, ravaged a large part of their country, razed the walls of Corbio and demolished the houses to their foundations, then led his army home.
[31.1] The following year, when Marcus Valerius and Spurius Verginius were consuls, no army of the Romans went out of their borders, but there were fresh outbreaks of civil strife between the tribunes and the consuls, as a result of which the former wrested away some part of the consular power. Before this time the power of the tribunes was limited to the popular assembly and they had no authority either to convene the senate or to express an opinion there, that being a prerogative of the consuls. [2] The tribunes of the year in question were the first who undertook to convene the senate, the experiment being made by Icilius, the head of their college, a man of action and, for a Roman, not lacking in eloquence. For he too was at that time proposing a new measure, asking that the region called the Aventine be divided among the plebeians for the building of houses. This is a hill of moderate height, not less than twelve stades in circuit, and is included within the city; not all of it was then inhabited, but it was public land and thickly wooded. [3] In order to get this measure introduced, the tribune went to the consuls of the year and to the senate, asking them to pass the preliminary vote for the law embodying the measure and to submit it to the populace. But when the consuls kept putting it off and protracting the time, he sent his attendant to them with orders that they should follow him to the office of the tribunes and call together the senate. And when one of the lictors at the orders of the consuls drove away the attendant, Icilius and his colleagues in their resentment seized the lictor and led him away with the intention of hurling him down from the rock. [4] The consuls, though they looked upon this as a great insult, were unable to use force or to rescue the man who was b
eing led away, but invoked the assistance of the other tribunes; for no one but another tribune has a right to stop or hinder any of the actions of those magistrates. [5] Now the tribunes had all come to this decision at the outset, that no one of their number should either introduce any new measure on his own initiative, unless they all concurred in it, or oppose any proceedings which met with the approval of the majority; and just as soon as they had assumed their magistracy they had confirmed this agreement by sacrifices and mutual oaths, believing that the power of the tribuneship would be most effectively rendered impregnable if dissension were banished from it. [6] It was in pursuance, then, of this sworn compact that they ordered the consuls’ guardian to be led away, declaring this to be the unanimous decision of their body. Nevertheless, they did not persist in their resentment, but released the man at the intercession of the oldest senators; for they were not only concerned about the odium that would attend such a procedure, if they should be the first to punish a man by death for obeying an order of the magistrates, but also feared that with this provocation the patricians might be driven to take desperate measures.
[32.1] After this action the senate was assembled and the consuls indulged in many accusations against the tribunes. Then Icilius took the floor and attempted to justify the tribunes’ resentment against the lictor, citing the sacred laws which did not permit either a magistrate or a private citizen to offer any opposition to a tribune; and as for his attempt to convene the senate, he showed them that he had done nothing out of the way, using for this purpose many arguments of every sort, which he had prepared beforehand. [2] After answering these accusations, he proceeded to introduce his law concerning the hill. It was to this effect: All the parcels of land held by private citizens, if justly acquired, should remain in the possession of the owners, but such parcels as had been taken by force or fraud by any persons and built upon should be turned over to the populace and the present occupants reimbursed for their expenditures according to the appraisal of the arbitrators; all the remainder, belonging to the public, the populace should receive free of cost and divide up among themselves. [3] He also pointed out that this measure would be advantageous to the commonwealth, not only in many other ways, but particularly in this, that it would put an end to the disturbances raised by the poor concerning the public land that was held by the patricians. For he said they would be contented with receiving a portion of the city, inasmuch as they could have no part of the land lying in the country because of the number and power of those who had appropriated it. [4] After he had spoken thus, Gaius Claudius was the only person who opposed the law, while many gave their assent; and it was voted to give this district to the populace. Later, at a centuriate assembly called by the consuls, the pontiffs being present together with the augurs and two sacrificers and offering the customary vows and imprecations, the law was ratified. It is inscribed on a column of bronze, which they set up on the Aventine after taking it into the sanctuary of Diana. [5] When the law had been ratified, the plebeians assembled, and after drawing lots for the plots of ground, began to build, each man taking as large an area as he could; and sometimes two, three, or even more joined together to build one house, and drawing lots, some had the lower and others the upper stories. That year, then, was employed in building houses.
Delphi Complete Works of Dionysius of Halicarnassus (Illustrated) (Delphi Ancient Classics Book 79) Page 96
