25. The consuls, leaving Sora, turned their warlike operations against

the lands and cities of the Ausonians; for all places had been set in

commotion by the coming of the Samnites, when the battle was fought at

Lautulae: conspiracies likewise had been formed in several parts of

Campania; nor was Capua itself clear of the charge: nay, the business

spread even to Rome, and inquiries came to be instituted respecting

some of the principal men there. However, the Ausonian nation fell

into the Roman power, in the same manner as Sora, by their cities

being betrayed: these were Ausona Minturnae, and Vescia. Certain young

men, of the principal families, twelve in number, having conspired to

betray their respective cities, came to the consuls; they informed

them that their countrymen, who had for a long time before honestly

wished for the coming of the Samnites, on hearing of the battle at

Lautulae, had looked on the Romans as defeated, and had assisted the

Samnites with supplies of young men and arms; but that, since the

Samnites had been beaten out of the country, they were wavering

between peace and war, not shutting their gates against the Romans,

lest they should thereby invite an attack; yet determined to shut them

if an army should approach; that in that fluctuating state they might

easily be overpowered by surprise. By these men's advice the camp was

moved nearer; and soldiers were sent, at the same time, to each of the

three towns; some armed, who were to lie concealed in places near the

walls; others, in the garb of peace, with swords hidden under their

clothes, when, on the opening of the gates at the approach of day,

were to enter into the cities. These latter began with killing the

guards; at the same time, a signal was made to the men with arms, to

hasten up from the ambuscades. Thus the gates were seized, and the

three towns taken in the same hour and by the same device. But as the

attacks were made in the absence of the generals, there were no bounds

to the carnage which ensued; and the nation of the Ausonians, when

there was scarcely any clear proof of the charge of its having

revolted, was utterly destroyed, as if it had supported a contest

through a deadly war.

26. During this year, Luceria fell into the hands of the Samnites, the

Roman garrison being betrayed to the enemy. This matter did not long

go unpunished with the traitors: the Roman army was not far off, by

whom the city, which lay in a plain, was taken at the first onset. The

Lucerians and Samnites were to a man put to the sword; and to such a

length was resentment carried, that at Rome, on the senate being

consulted about sending a colony to Luceria, many voted for the

demolition of it. Besides, their hatred was of the bitterest kind,

against a people whom they had been obliged twice to subdue by arms;

the great distance, also, made them averse from sending away their

citizens among nations so ill-affected towards them. However the

resolution was carried, that the colonists should be sent; and

accordingly two thousand five hundred were transported thither. This

year, when all places were becoming disaffected to the Romans, secret

conspiracies were formed among the leading men at Capua, as well as at

other places; a motion concerning which being laid before the senate,

the matter was by no means neglected. Inquiries were decreed, and it

was resolved that a dictator should be appointed to enforce these

inquiries. Caius Maenius was accordingly nominated, and he appointed

Marcus Foslius master of the horse. People's dread of that office was

very great, insomuch that the Calavii, Ovius and Novius, who were the

heads of the conspiracy, either through fear of the dictator's power,

or the consciousness of guilt, previous to the charge against them

being laid in form before him, avoided, as appeared beyond doubt,

trial by a voluntary death. As the subject of the inquiry in Campania

was thus removed, the proceedings were then directed towards Rome: by

construing the order of the senate to have meant, that inquiry should

be made, not specially who at Capua, but generally who at any place

had caballed or conspired against the state; for that cabals, for the

attaining of honours, were contrary to the edicts of the state. The

inquiry was extended to a greater latitude, with respect both to the

matter, and to the kind of persons concerned, the dictator scrupling

not to avow, that his power of research was unlimited: in consequence,

some of the nobility were called to account; and though they applied

to the tribunes for protection, no one interposed in their behalf, or

to prevent the charges from being received. On this the nobles, not

those only against whom the charge was levelled, but the whole body

jointly insisted that such an imputation lay not against the nobles,

to whom the way to honours lay open if not obstructed by fraud, but

against the new men: so that even the dictator and master of the

horse, with respect to that question, would appear more properly as

culprits than suitable inquisitors; and this they should know as soon

as they went out of office. Then indeed Maenius, who was more

solicitous about his character than his office, advanced into the

assembly and spoke to this effect, "Romans, both of my past life ye

are all witnesses; and this honourable office, which ye conferred on

me, is in itself a testimony of my innocence. For the dictator, proper

to be chosen for holding these inquiries, was not, as on many other

occasions, where the exigencies of the state so required, the man who

was most renowned in war; but him whose counsel of life was most

remote from such cabals. But certain of the nobility (for what reason

it is more proper that ye should judge than that I, as a magistrate,

should, without proof, insinuate) have laboured to stifle entirely the

inquiries; and then, finding their strength unequal to it, rather than

stand a trial have fled for refuge to the stronghold of their

adversaries, an appeal and the support of the tribunes; and on being

there also repulsed, (so fully were they persuaded that every other

measure was safer than the attempt to clear themselves,) have made an

attack upon us; and, though in private characters have not been

ashamed of instituting a criminal process against a dictator. Now,

that gods and men may perceive that they to avoid a scrutiny as to

their own conduct, attempt even things which are impossible, and that

I willingly meet the charge, and face the accusations of my enemies, I

divest myself of the dictatorship. And, consuls, I beseech you, that

if this business is put into your hands by the senate, ye make me and

Marcus Foslius the first objects of our your examinations; that it may

be manifested that we are safe from such imputations by our own

innocence, not by the dignity of office." He then abdicated the

dictatorship, as did Marcus Foslius, immediately after, his office of

master of the horse; and being the first brought to trial before the

consuls, for to them the senate had committed the business, they were

most honourably acquitted of all the charges brought by the nobles.

Even Publilius Philo, who had so often been invested with the highest

honours, and had performed so many eminent services, both at home and

abroad, being disagreeable to the nobility, was brought to trial, and

acquitted. Nor did the inquiry continue respectable on account of the

illustrious names of the accused, longer than while it was new, which

is usually the case; it then began to descend to persons of inferior

rank; and, at length, was suppressed, by means of those factions and

cabals against which it had been instituted.

27. The accounts received of these matters, but more especially the

hope of a revolt in Campania, for which a conspiracy had been formed,

recalled the Samnites, who were turning towards Apulia, back to

Caudium; so that from thence, being near, they might, if any commotion

should open them an opportunity, snatch Capua out of the hands of the

Romans. To the same place the consuls repaired with a powerful army.

They both held back for some time, on the different sides of the

defiles, the roads being dangerous to either party. Then the Samnites,

making a short circuit through an open tract, marched down their

troops into level ground in the Campanian plains, and there the

hostile camps first came within view of each other. Trial of their

strength in slight skirmishes was made on both sides, more frequently

between the horse than the foot; and the Romans were no way

dissatisfied either at the issue of these, or at the delay by which

they protracted the war. The Samnite generals, on the contrary,

considered that their battalions were becoming weakened daily by small

losses, and the general vigour abated by prolonging the war. They

therefore marched into the field, disposing their cavalry on both

wings, with orders to give more heedful attention to the camp behind

than to the battle; for that the line of infantry would be able to

provide for their own safety. The consuls took post, Sulpicius on the

right wing, Poetelius on the left. The right wing was stretched out

wider than usual, where the Samnites also stood formed in thin ranks,

either with design of turning the flank of the enemy, or to avoid

being themselves surrounded. On the left, besides that they were

formed in more compact order, an addition was made to their strength,

by a sudden act of the consul Poetelius; for the subsidiary cohorts,

which were usually reserved for the exigencies of a tedious fight, he

brought up immediately to the front, and, in the first onset, pushed

the enemy with the whole of his force. The Samnite line of infantry

giving way, their cavalry advanced to support them; and as they were

charging in an oblique direction between the two lines, the Roman

horse, coming up at full speed, disordered their battalions and ranks

of infantry and cavalry, so as to oblige the whole line on that side

to give ground. The left wing had not only the presence of Poetelius

to animate them, but that of Sulpicius likewise; who, on the shout

being first raised in that quarter, rode thither from his own

division, which had not yet engaged. When he saw victory no longer

doubtful there, he returned to his own post with twelve hundred men,

but found the state of things there very different; the Romans driven

from their ground, and the victorious enemy pressing on them thus

dismayed. However, the arrival of the consul effected a speedy change

in every particular; for, on the sight of their leader, the spirit of

the soldiers was revived, and the bravery of the men who came with him

rendered them more powerful aid than even their number; while the news

of success in the other wing, which was heard, and after seen,

restored the fight. From this time, the Romans became victorious

through the whole extent of the line, and the Samnites, giving up the

contest, were slain or taken prisoners, except such as made their

escape to Maleventum, the town which is now called Beneventum. It is

recorded that thirty thousand of the Samnites were slain or taken.

28. The consuls, after this important victory, led forward the legions

to lay siege to Bovianum; and there they passed the winter quarters,

until Caius Poetelius, being nominated dictator, with Marcus Foslius,

master of the horse, received the command of the army from the new

consuls, Lucius Papirius Cursor a fifth, and Caius Junius Bubulcus a

second time. On hearing that the citadel of Fregellae was taken by the

Samnites, he left Bovianum, and proceeded to Fregellae, whence, having

recovered possession of it without any contest, the Samnites

abandoning it in the night, and having placed a strong garrison there,

he returned to Campania, directing his operations principally to the

recovery of Nola. Within the walls of this place, the whole multitude

of the Samnites, and the inhabitants of the country about Nola, betook

themselves on the approach of the dictator. Having taken a view of the

situation of the city, in order that the approach to the

fortifications may be the more open, he set fire to all the buildings

which stood round the walls, which were very numerous; and, in a short

time after, Nola was taken, either by the dictator Poetelius, or the

consul Caius Junius, for both accounts are given. Those who attribute

to the consul the honour of taking Nola, add, that Atina and Calatia

were also taken by him, and that Poetelius was created dictator in

consequence of a pestilence breaking out, merely for the purpose of

driving the nail. The colonies of Suessa and Pontiae were established

in this year. Suessa had belonged to the Auruncians: the Volscians had

occupied Pontiae, an island lying within sight of their shore. A

decree of the senate was also passed for conducting colonies to

Interamna and Cassinum. But commissioners were appointed, and

colonists, to the number of four thousand, were sent by the succeeding

consuls, Marcus Valerius and Publius Decius.

29. The war with the Samnites being now nearly put an end to, before

the Roman senate was freed from all concern on that side, a report

arose of an Etrurian war; and there was not, in those times, any

nation, excepting the Gauls, whose arms were more dreaded, by reason

both of the vicinity of their country, and of the multitude of their

men. While therefore one of the consuls prosecuted the remains of the

war in Samnium, Publius Decius, who, being attacked by a severe

illness, remained at Rome, by direction of the senate, nominated Caius

Junius Bubulcus dictator. He, as the magnitude of the affair demanded,

compelled all the younger citizens to enlist, and with the utmost

diligence prepared arms, and the other matters which the occasion

required. Yet he was not so elated by the power he had collected, as

to think of commencing offensive operations, but prudently determined

to remain quiet, unless the Etrurians should become aggressors. The

plans of the Etrurians were exactly similar with respect to preparing

for, and abstaining from, war: neither party went beyond their own

frontiers. The censorship of Appius Claudius and Caius Plautius, for

this year, was remarkable; but the name of Appius has been handed down

with more celebrity to posterity, on account of his having made the

road, [called after him, the Appian,] and for having conveyed water

into the city. These works he performed alone; for his colleague,

overwhelmed with shame by reason of the infamous and unworthy choice

made of senators, had abdicated his office. Appius possessing that

inflexibility Of temper, which, from the earliest times, had been the

characteristic of his family, held on the censorship by himself. By

direction of the same Appius, the Potitian family, in which the office

of priests attendant on the great altar of Hercules was hereditary,

instructed some of the public servants in the rites of that solemnity,

with the intention to delegate the same to them. A circumstance is

recorded, wonderful to be told, and one which should make people

scrupulous of disturbing the established modes of religious

solemnities: for though there were, at that time, twelve branches of

the Potitian family, all grown-up persons, to the number of thirty,

yet they were every one, together with their offspring, cut off within

the year; so that the name of the Potitii became extinct, while the

censor Appius also was, by the unrelenting wrath of the gods, some

years after, deprived of sight.

30. The consuls of the succeeding year were, Caius Junius Bubulcus a

third time, and Quintus Aemilius Barbula a second. In the commencement

of their office, they complained before the people, that, by the

improper choice of members of the senate, that body had been

disgraced, several having been passed over who were preferable to the

persons chosen in; and they declared, that they would pay no regard to

such election, which had been made without distinction of right or

wrong, merely to gratify interest or humour: they then immediately

called over the list of the senate, in the same order which had

existed before the censorship of Appius Claudius and Caius Plautius.

Two public employments, both relating to military affairs, came this

year into the disposal of the people; one being an order, that sixteen

of the tribunes, for four legions, should be appointed by the people;

whereas hitherto they had been generally in the gift of the dictators

and consuls, very few of the places being left to suffrage. This order

was proposed by Lucius Atilius and Caius Marcius, plebeian tribunes.

Another was, that the people likewise should constitute two naval

commissioners, for the equipping and refitting of the fleet. The

person who introduced this order of the people, was Marcus Decius,

plebeian tribune. Another transaction of this year I should pass over

as trifling, did it not seem to bear some relation to religion. The

flute-players, taking offence because they had been prohibited by the

last censors from holding their repasts in the temple of Jupiter,

which had been customary from very early times, went off in a body to

Tibur; so that there was not one left in the city to play at the

sacrifices. The religious tendency of this affair gave uneasiness to

the senate; and they sent envoys to Tibur to endeavour that these men

might be sent back to Rome. The Tiburtines readily promised

compliance, and first, calling them into the senate-house, warmly

recommended to them to return to Rome; and then, when they could not

be prevailed on, practised on them an artifice not ill adapted to the

dispositions of that description of people: on a festival day, they

invited them separately to their several houses, apparently with the

intention of heightening the pleasure of their feasts with music, and

there plied them with wine, of which such people are always fond,

until they laid them asleep. In this state of insensibility they threw

them into waggons, and carried them away to Rome: nor did they know

any thing of the matter, until, the waggons having been left in the

forum, the light surprised them, still heavily sick from the debauch.

The people then crowded about them, and, on their consenting at length

to stay, privilege was granted them to ramble about the city in full

dress, with music, and the licence which is now practised every year

during three days. And that licence, which we see practised at

present, and the right of being fed in the temple, was restored to

those who played at the sacrifices. These incidents occurred while the

public attention was deeply engaged by two most important wars.

31. The consuls adjusting the provinces between them, the Samnites

fell by lot to Junius, the new war of Etruria to Aemilius. In Samnium

the Samnites had blockaded and reduced by famine Cluvia, a Roman

garrison, because they had been unable to take it by storm; and, after

torturing with stripes, in a shocking manner, the townsmen who

surrendered, they had put them to death. Enraged at this cruelty,

Junius determined to postpone every thing else to the attacking of

Cluvia; and, on the first day that he assaulted the walls, took it by

storm, and slew all who were grown to man's estate. The victorious

troops were led from thence to Bovianum; this was the capital of the

Pentrian Samnites, by far the most opulent of their cities, and the

most powerful both in men and arms. The soldiers, stimulated by the

hope of plunder, for their resentment was not so violent, soon made

themselves masters of the town: where there was less severity

exercised on the enemy; but a quantity of spoil was carried off,

greater almost than had ever been collected out of all Samnium, and

the whole was liberally bestowed on the assailants. And when neither

armies, camps, or cities could now withstand the vast superiority of

the Romans in arms; the attention of all the leading men in Samnium

became intent on this, that an opportunity should be sought for some

stratagem, if by any chance the army, proceeding with incautious

eagerness for plunder, could be caught in a snare and overpowered.

Peasants who deserted and some prisoners (some thrown in their way by

accident, some purposely) reporting to the consul a statement in which

they concurred, and one which was at the same time true, that a vast

quantity of cattle had been driven together into a defile of difficult

access, prevailed on them to lead thither the legions lightly

accoutred for plunder. Here a very numerous army of the enemy had

posted themselves, secretly, at all the passes; and, as soon as they

saw that the Romans had got into the defile, they rose up suddenly,

with great clamour and tumult, and attacked them unawares. At first an

event so unexpected caused some confusion, while they were taking

their arms, and throwing the baggage into the centre; but, as fast as

each had freed himself from his burden and fitted himself with arms,

they assembled about the standards, from every side; and all, from the

long course of their service, knowing their particular ranks, the line

was formed of its own accord without any directions. The consul,

riding up to the place where the fight was most warm, leaped from his

horse, and called "Jupiter, Mars, and the other gods to witness, that

he had come into that place, not in pursuit of any glory to himself,

but of booty for his soldiers; nor could any other fault be charged on

him, than too great a solicitude to enrich his soldiers at the expense

of the enemy. From that disgrace nothing could extricate him but the

valour of the troops: let them only join unanimously in a vigorous

attack against a foe, already vanquished in the field, beaten out of

their camps, and stripped of their towns, and now trying their last

hope by the contrivance of an ambuscade, placing their reliance on the

ground they occupied, not on their arms. But what ground was now

unsurmountable to Roman valour?" The citadel of Fregellae, and that of

Sora, were called to their remembrance, with many other places where

difficulties from situation had been surmounted. Animated by these

exhortations, the soldiers, regardless of all difficulties, advanced

against the line of the enemy, posted above them; and here there was

some fatigue whilst the army was climbing the steep. But as soon as

the first battalions got footing in the plain, on the summit, and the

troops perceived that they now stood on equal ground, the dismay was

instantly turned on the plotters; who, dispersing and casting away

their arms, attempted, by flight, to recover the same lurking-places

in which they had lately concealed themselves. But the difficulties of

the ground, which had been intended for the enemy, now entangled them

in the snares of their own contrivance. Accordingly very few found

means to escape; twenty thousand men were slain, and the victorious

Romans hastened in several parties to secure the booty of cattle,

spontaneously thrown in their way by the enemy.

32. While such was the situation of affairs in Samnium, all the states

of Etruria, except the Arretians, had taken arms, and vigorously

commenced hostilities, by laying siege to Sutrium; which city, being

in alliance with the Romans, served as a barrier against Etruria.

Thither the other consul, Aemilius, came with an army to deliver the

allies from the siege. On the arrival of the Romans, the Sutrians

conveyed a plentiful supply of provisions into their camp, which was

pitched before the city. The Etrurians spent the first day in

deliberating whether they should expedite or protract the war. On the

day following, when the speedier plan pleased the leaders in

preference to the safer, as soon as the sun rose the for battle was

displayed, and the troops marched out to the field; which being

reported to the consul, he instantly commanded notice to be given,

that they should dine, and after taking refreshment, then appear under

arms. The order was obeyed; and the consul, seeing them armed and in

readiness, ordered the standards to be carried forth beyond the

rampart, and drew up his men at a small distance from the enemy. Both

parties stood a long time with fixed attention, each waiting for the

shout and fight to begin on the opposite side; and the sun had passed

the meridian before a weapon was thrown by either side. Then, rather

than leave the place without something being done, the shout was given

by the Etrurians, the trumpets sounded, and the battalions advanced.

With no less alertness do the Romans commence the fight: both rushed

to the fight with violent animosity; the enemy were superior in

numbers, the Romans in valour. The battle being doubtful, carries off

great numbers on both sides, particularly the men of greatest courage;

nor did victory declare itself, until the second line of the Romans

came up fresh to the front, in the place of the first, who were much

fatigued. The Etrurians, because their front line was not supported by

any fresh reserves, fell all before and round the standards, and in no

battle whatever would there have been seen less disposition to run, or

a greater effusion of human blood, had not the night sheltered the

Etrurians, who were resolutely determined on death; so that the

victors, not the vanquished, were the first who desisted from

fighting. After sunset the signal for retreat was given, and both

parties retired in the night to their camps. During the remainder of

the year, nothing memorable was effected at Sutrium; for, of the

enemy's army, the whole first line had been cut off in one battle, the

reserves only being left, who were scarce sufficient to guard the

camp; and, among the Romans, so numerous were the wounds, that more

wounded men died after the battle than had fallen in the field.

33. Quintus Fabius, consul for the ensuing year, succeeded to the

command of the army at Sutrium; the colleague given to him was Caius

Marcius Rutilus. On the one side, Fabius brought with him a

reinforcement from Rome, and on the other, a new army had been sent

for, and came from home, to the Etrurians. Many years had now passed

without any disputes between the patrician magistrates and plebeian

tribunes, when a contest took its rise from that family, which seemed

raised by fate as antagonists to the tribunes and commons of those

times; Appius Claudius, being censor, when the eighteen months had

expired, which was the time limited by the Aemilian law for the

duration of the censorship, although his colleague Caius Plautius had

already resigned his office, could not be prevailed on, by any means,

to give up his. There was a tribune of the commons, Publius

Sempronius; he undertook to enforce a legal process for terminating

the censorship within the lawful time, which was not more popular than

just, nor more pleasing to the people generally than to every man of

character in the city. After he frequently appealed to the Aemilian

law, and bestowed commendations on Mamercus Aemilius, who, in his

dictatorship, had been the author of it, for having contracted, within

the space of a year and six months, the censorship, which formerly had

lasted five years, and was a power which, in consequence of its long

continuance, often became tyrannical, he proceeded thus: "Tell me,

Appius Claudius, in what manner you would have acted, had you been

censor, at the time when Caius Furius and Marcus Geganius were

censors?" Appius insisted, that "the tribune's question was irrelevant

to his case. For, although the Aemilian law might bind those censors,

during whose magistracy it was passed,--because the people made that

law after they had become censors; and whatever order is the last

passed by the people, that is held to be the law, and valid:--yet

neither he, nor any of those who had been created censors subsequent

to the passing of that law, could be bound by it."

34. While Appius urged such frivolous arguments as these, which

carried no conviction whatever, the other said, "Behold, Romans, the

offspring of that Appius, who being created decemvir for one year,

created himself for a second; and who, during a third, without being

created even by himself or by any other, held on the fasces and the

government though a private individual; nor ceased to continue in

office, until the government itself, ill acquired, ill administered,

and ill retained, overwhelmed him in ruin. This is the same family,

Romans, by whose violence and injustice ye were compelled to banish

yourselves from your native city, and seize on the Sacred mount; the

same, against which ye provided for yourselves the protection of

tribunes; the same, on account of which two armies of you took post on

the Aventine; the same, which violently opposed the laws against

usury, and always the agrarian laws; the same, which broke through the

right of intermarriage between the patricians and the commons; the

same, which shut up the road to curule offices against the commons:

this is a name, more hostile to your liberty by far, than that of the

Tarquins. I pray you, Appius Claudius, though this is now the

hundredth year since the dictatorship of Mamercus Aemilius, though

there have been so many men of the highest characters and abilities

censors, did none of these ever read the twelve tables? none of them

know, that, whatever was the last order of the people, that was law?

Nay, certainly they all knew it; and they therefore obeyed the

Aemilian law, rather than the old one, under which the censors had

been at first created; because it was the last order; and because,

when two laws are contradictory, the new always repeals the old. Do

you mean to say, Appius, that the people are not bound by the Aemilian

law? Or, that the people are bound, and you alone exempted? The

Aemilian law bound those violent censors, Caius Furius and Marcus

Geganius, who showed what mischief that office might do in the state;

when, out of resentment for the limitation of their power, they

disfranchised Mamercus Aemilius, the first man of the age, either in

war or peace. It bound all the censors thenceforward, during the space

of a hundred years. It binds Caius Plautius your colleague, created

under the same auspices, with the same privileges. Did not the people

create him with the fullest privileges with which any censor ever was

created? Or is yours an excepted case, in which this peculiarity and

singularity takes place? Shall the person, whom you create king of the

sacrifices, laying hold of the style of sovereignty, say, that he was

created with the fullest privileges with which any king was ever

created at Rome? Who then, do you think, would be content with a

dictatorship of six months? who, with the office of interrex for five

days? Whom would you, with confidence, create dictator, for the

purpose of driving the nail, or of exhibiting games? How foolish, how

stupid, do ye think, those must appear in this man's eyes, who, after

performing most important services, abdicated the dictatorship within

the twentieth day; or who, being irregularly created, resigned their

office? Why should I bring instances from antiquity? Lately, within

these last ten years, Caius Maenius, dictator, having enforced

inquiries, with more strictness than consisted with the safety of some

powerful men, a charge was thrown out by his enemies, that he himself

was infected with the very crime against which his inquiries were

directed;--now Maenius, I say, in order that he might, in a private

capacity, meet the imputation, abdicated the dictatorship. I expect

not such moderation in you; you will not degenerate from your family,

of all others the most imperious and assuming; nor resign your office

a day, nor even an hour, before you are forced to it. Be it so: but

then let no one exceed the time limited. It is enough to add a day, or

a month, to the censorship. But Appius says, I will hold the

censorship, and hold it alone, three years and six months longer than

is allowed by the Aemilian law. Surely this is like kingly power. Or

will you fill up the vacancy with another colleague, a proceeding not

allowable, even in the case of the death of a censor? You are not

satisfied that, as if a religious censor, you have degraded a most

ancient solemnity, and the only one instituted by the very deity to

whom it is performed, from priests of that rite who were of the

highest rank to the ministry of mere servants. [You are not satisfied

that] a family, more ancient than the origin of this city, and

sanctified by an intercourse of hospitality with the immortal gods,

has, by means of you and your censorship, been utterly extirpated,

with all its branches, within the space of a year, unless you involve

the whole commonwealth in horrid guilt, which my mind feels a horror

even to contemplate. This city was taken in that lustrum in which

Lucius Papirius Cursor, on the death of his colleague Julius, the

censor, rather than resign his office, substituted Marcus Cornelius

Maluginensis. Yet how much more moderate was his ambition, Appius,

than yours! Lucius Papirius neither held the censorship alone, nor

beyond the time prescribed by law. But still he found no one who would

follow his example; all succeeding censors, in case of the death of a

colleague, abdicated the office. As for you, neither the expiration of

the time of your censorship, nor the resignation of your colleague,

nor law, nor shame restrains you. You make fortitude to consist in

arrogance, in boldness, in a contempt of gods and men. Appius

Claudius, in consideration of the dignity and respect due to that

office which you have borne, I should be sorry, not only to offer you

personal violence, but even to address you in language too severe.

With respect to what I have hitherto said, your pride and obstinacy

forced me to speak. And now, unless you pay obedience to the Aemilian

law, I shall order you to be led to prison. Nor, since a rule has been

established by our ancestors, that in the election of censors unless

two shall obtain the legal number of suffrages, neither shall be

returned, but the election deferred,--will I suffer you, who could not

singly be created censor, to hold the censorship without a colleague."

Having spoken to this effect he ordered the censor to be seized, and

borne to prison. But although six of the tribunes approved of the

proceeding of their colleague, three gave their support to Appius, on

his appealing to them, and he held the censorship alone, to the great

disgust of all ranks of men.

35. While such was the state of affairs at Rome, the Etrurians had

laid siege to Sutrium, and the consul Fabius, as he was marching along

the foot of the mountains, with a design to succour the allies, and

attempt the enemy's works, if it were by any means practicable, was

met by their army prepared for battle. As the wide-extended plain

below showed the greatness of their force, the consul, in order to

remedy his deficiency in point of number, by advantage of the ground,

changed the direction of his route a little towards the hills, where

the way was rugged and covered with stones, and then formed his

troops, facing the enemy. The Etrurians, thinking of nothing but their

numbers, on which alone they depended, commence the fight with such

haste and eagerness, that, in order to come the sooner to a close

engagement, they threw away their javelins, drew their swords, rushing

against the enemy. On the other side, the Romans poured down on them,

sometimes javelins, and sometimes stones which the place abundantly

supplied; so that whilst the blows on their shields and helmets

confused even those whom they did not wound, (it was neither an easy

matter to come to close quarters, nor had they missive weapons with

which to fight at a distance,) when there was nothing now to protect

them whilst standing and exposed to the blows, some even giving way,

and the whole line wavering and unsteady the spearmen and the first

rank, renewing the shout, rush on them with drawn swords. This attack

the Etrurians could not withstand, but, facing about, fled

precipitately towards their camp; when the Roman cavalry, getting

before them by galloping obliquely across the plain, threw themselves

in the way of their flight, on which they quitted the road, and bent

their course to the mountains. From thence, in a body, almost without

arms, and debilitated with wounds, they made their way into the

Ciminian forest. The Romans, having slain in many thousands of the

Etrurians, and taken thirty-eight military standards, took also

possession of their camp, together with a vast quantity of spoil. They

then began to consider of pursuing the enemy.

36. The Ciminian forest was in those days deemed as impassable and

frightful as the German forests have been in latter times; not even

any trader having ever attempted to pass it. Hardly any, besides the

general himself, showed boldness enough to enter it; the others had

not the remembrance of the disaster at Caudium effaced from their

mind. On this, of those who were present, Marcus Fabius, the consul's

brother, (some say Caeso, others Caius Claudius, born of the same

mother with the consul,) undertook to go and explore the country, and

to bring them in a short time an account of every particular. Being

educated at Caere, where he had friends, he was perfectly acquainted

with the Etrurian language. I have seen it affirmed, that, in those

times, the Roman youth were commonly instructed in the Etrurian

learning, as they are now in the Greek: but it is more probable, that

there was something very extraordinary in the person who acted so

daringly a counterfeit part, and mixed among the enemy. It is said,

that his only attendant was a slave, who had been bred up with him,

and who was therefore not ignorant of the same language. They received

no further instructions at their departure, than a summary description

of the country through which they were to pass; to this was added the

names of the principal men in the several states, to prevent their

being at a loss in conversation, and from being discovered by making

some mistake. They set out in the dress of shepherds, armed with

rustic weapons, bills, and two short javelins each. But neither their

speaking the language of the country, nor the fashion of their dress

and arms, concealed them so effectually, as the incredible

circumstance of a stranger's passing the Ciminian forest. They are

said to have penetrated as far as the Camertian district of the

Umbrians: there the Romans ventured to own who they were, and being

introduced to the senate, treated with them, in the name of the

consul, about an alliance and friendship; and after being entertained

with courteous hospitality, were desired to acquaint the Romans, that

if they came into those countries, there should be provisions in

readiness for the troops sufficient for thirty days, and that they

should find the youth of the Camertian Umbrians prepared in arms to

obey their commands. When this information was brought to the consul,

he sent forward the baggage at the first watch, ordering the legions

to march in the rear of it. He himself staid behind with the cavalry,

and the next day, as soon as light appeared, rode up to the posts of

the enemy, which had been stationed on the outside of the forest; and,

when he had detained them there for a sufficient length of time, he

retired to his camp, and marching out by the opposite gate, overtook

the main body of the army before night. At the first light, on the

following day, he had gained the summit of Mount Ciminius, from whence

having a view of the opulent plains of Etruria, he let loose his

soldiers upon them. When a vast booty had been driven off, some

tumultuary cohorts of Etrurian peasants, hastily collected by the

principal inhabitants of the district, met the Romans; but in such

disorderly array, that these rescuers of the prey were near becoming

wholly a prey themselves. These being slain or put to flight, and the

country laid waste to a great extent, the Romans returned to their

camp victorious, and enriched with plenty of every kind. It happened

that, in the mean time, five deputies, with two plebeian tribunes, had

come hither, to charge Fabius, in the name of the senate, not to

attempt to pass the Ciminian forest. These, rejoicing that they had

arrived too late to prevent the expedition, returned to Rome with the

news of its success.

37. By this expedition of the consul, the war, instead of being

brought nearer to a conclusion, was only spread to a wider extent: for

all the tract adjacent to the foot of Mount Ciminius had felt his

devastations; and, out of the indignation conceived thereat, had

roused to arms, not only the states of Etruria, but the neighbouring

parts of Umbria. They came therefore to Sutrium, with such a numerous

army as they had never before brought into the field; and not only

ventured to encamp on the outside of the wood, but through their

earnest desire of coming to an engagement as soon as possible, marched

down the plains to offer battle. The troops, being marshalled, stood

at first, for some time, on their own ground, having left a space

sufficient for the Romans to draw up, opposite to them; but perceiving

that the enemy declined fighting, they advanced to the rampart; where,

when they observed that even the advanced guards had retired within

the works, a shout at once was raised around their generals, that they

should order provisions for that day to be brought down to them: "for

they were resolved to remain there under arms; and either in the

night, or, at all events, at the dawn of day, to attack the enemy's

camp." The Roman troops, though not less eager for action, were

restrained by the commands of the general. About the tenth hour, the

consul ordered his men a repast; and gave directions that they should

be ready in arms, at whatever time of the day or night he should give

the signal. He then addressed a few words to them; spoke in high terms

of the wars of the Samnites, and disparagingly of the Etrurians, who

"were not," he said, "as an enemy to be compared with other enemies,

nor as a numerous force, with others in point of numbers. Besides, he

had an engine at work, as they should find in due time; at present it

was of importance to keep it secret." By these hints he intimated that

the enemy was circumvented in order to raise the courage of his men,

damped by the superiority of the enemy's force; and, from their not

having fortified the post where they lay, the insinuation of a

stratagem formed against them seemed the more credible. After

refreshing themselves, they consigned themselves to rest, and being

roused without noise, about the fourth watch, took arms. Axes are

distributed among the servants following the army, to tear down the

rampart and fill up the trench. The line was formed within the works,

and some chosen cohorts posted close to the gates. Then, a little

before day, which in summer nights is the time of the profoundest

sleep, the signal being given, the rampart was levelled, and the

troops rushing forth, fell upon the enemy, who were every where

stretched at their length. Some were put to death before they could

stir; others half asleep, in their beds; the greatest part, while they

ran in confusion to arms; few, in short, had time afforded them to arm

themselves; and these, who followed no particular leader, nor orders,

were quickly routed by the Romans and pursued by the Roman horse. They

fled different ways; to the camp and to the woods. The latter afforded

the safer refuge; for the former, being situated in a plain, was taken

the same day. The gold and silver was ordered to be brought to the

consul; the rest of the spoil was given to the soldiers. On that day,

sixty thousand of the enemy were slain or taken. Some affirm, that

this famous battle was fought on the farther side of the Ciminian

forest, at Perusia; and that the public had been under great dread,

lest the army might be enclosed in such a dangerous pass, and

overpowered by a general combination of the Etrurians and Umbrians.

But on whatever spot it was fought, it is certain that the Roman power

prevailed; and, in consequence thereof, ambassadors from Perusia,

Cortona, and Arretium, which were then among the principal states of

Etruria, soliciting a peace and alliance with the Romans, obtained a

truce for thirty years.

38. During these transactions in Etruria, the other consul, Caius

Marcius Rutilus, took Allifae by storm from the Samnites; and many of

their forts, and smaller towns, were either destroyed by his arms, or

surrendered without being injured. About the same time also, the Roman

fleet, having sailed to Campania, under Publius Cornelius, to whom the

senate had given the command on the sea-coast, put into Pompeii.

Immediately on landing, the soldiers of the fleet set out to ravage

the country about Nuceria: and after they had quickly laid waste the

parts which lay nearest, and whence they could have returned to the

ships with safety, they were allured by the temptation of plunder, as

it often happens, to advance too far, and thereby roused the enemy

against them. While they rambled about the country, they met no

opposition, though they might have been cut off to a man; but as they

were returning, in a careless manner, the peasants overtook them, not

far from the ships, stripped them of the booty, and even slew a great

part of them. Those who escaped were driven in confusion to the ships.

As Fabius' having marched through the Ciminian forest had occasioned

violent apprehensions at Rome, so it had excited joy in proportion

among the enemy in Samnium: they talked of the Roman army being pent

up, and surrounded; and of the Caudine forks, as a model of their

defeat. "Those people," they said, "ever greedy after further

acquisitions, were now brought into inextricable difficulties, hemmed

in, not more effectually by the arms of their enemy, than by the

disadvantage of the ground." Their joy was even mingled with a degree

of envy, because fortune, as they thought, had transferred the glory

of finishing the Roman war, from the Samnites to the Etrurians: they

hastened, therefore, with their whole collected force, to crush the

consul Caius Marcius; resolving, if he did not give them an

opportunity of fighting, to proceed, through the territories of the

Marsians and Sabines, into Etruria. The consul met them, and a battle

was fought with great fury on both sides, but without a decisive

issue. Although both parties suffered severely, yet the discredit of

defeat fell on the Romans, because several of equestrian rank, some

military tribunes, with one lieutenant-general, had fallen; and, what

was more remarkable than all, the consul himself was wounded. On

account of this event, exaggerated by report as is usual, the senate

became greatly alarmed, so that they resolved on having a dictator

nominated. No one entertained a doubt that the nomination would light

on Papirius Cursor, who was then universally deemed to possess the

greatest abilities as a commander: but they could not be certain,

either that a message might be conveyed with safety into Samnium,

where all was in a state of hostility, or that the consul Marcius was

alive. The other consul, Fabius, was at enmity with Papirius, on his

own account; and lest this resentment might prove an obstacle to the

public good, the senate voted that deputies of consular rank should be

sent to him, who, uniting their own influence to that of government,

might prevail on him to drop, for the sake of his country, all

remembrance of private animosities. When the deputies, having come to

Fabius, delivered to him the decree of the senate, adding such

arguments as were suitable to their instructions, the consul, casting

his eyes towards the ground, retired in silence, leaving them in

uncertainty what part he intended to act. Then, in the silent time of

the night, according to the established custom, he nominated Lucius

Papirius dictator. When the deputies returned him thanks, for so very

meritoriously subduing his passion, he still persevered in obstinate

silence, and dismissed them without any answer, or mention of what he

had done: a proof that he felt an extraordinary degree of resentment,

which had been suppressed within his breast. Papirius appointed Caius

Junius Bubulcus master of the horse; and, as he was proceeding in an

assembly of the Curiae [Footnote: The _comitia curiata_, or

assemblies of the curiae, alone had the power of conferring military

command; no magistrate, therefore, could assume the command without

the previous order of their assembly. In time, this came to be a mere

matter of form; yet the practice always continued to be observed.] to

get an order passed respecting the command of the army, an unlucky

omen obliged him to adjourn it; for the Curia which was to vote first,

happened to be the Faucian, remarkably distinguished by two disasters,

the taking of the city, and the Caudine peace; the same Curia having

voted first in those years in which the said events are found.

Licinius Macer supposes this Curia ominous, also, on account of a

third misfortune, that which was experienced at the Cremera.

39. Next day the dictator, taking the auspices anew, obtained the

order, and, marching out at the head of the legions, lately raised on

the alarm occasioned by the army passing the Ciminian forest, came to

Longula; where having received the old troops of the consul Marcius,

he led on his forces to battle; nor did the enemy seem to decline the

combat. However, they stood drawn up for battle and under arms, until

night came on; neither side choosing to begin the fray. After this,

they continued a considerable time encamped near each other, without

coming to action; neither diffident of their own strength, nor

despising the adversary. Meanwhile matters went on actively in

Etruria; for a decisive battle was fought with the Umbrians, in which

the enemy was routed, but lost not many men, for they did not maintain

the fight with the vigour with which they began it. Besides this the

Etrurians, having raised an army under the sanctions of the devoting

law, each man choosing another, came to an engagement at the Cape of

Vadimon, with more numerous forces, and, at the same time, with

greater spirit than they had ever shown before. The battle was fought

with such animosity that no javelins were thrown by either party:

swords alone were made use of; and the fury of the combatants was

still higher inflamed by the long-continued contest; so that it

appeared to the Romans as if they were disputing, not with Etrurians,

whom they had so often conquered, but with a new race. Not the

semblance of giving ground appeared in any part; the first lines fell;

and lest the standards should be exposed, without defence, the second

lines were formed in their place. At length, even the men forming the

last reserves were called into action; and to such an extremity of

difficulty and danger had they come, that the Roman cavalry

dismounted, and pressed forward, through heaps of arms and bodies, to

the front ranks of the infantry. These starting up a new army, as it

were, among men now exhausted, disordered the battalions of the

Etrurians; and the rest, weak as their condition was, seconding their

assault, broke at last through the enemy's ranks. Their obstinacy then

began to give way: some companies quitted their posts, and, as soon as

they once turned their backs, betook themselves to more decided

flight. That day first broke the strength of the Etrurians, now grown

exuberant through a long course of prosperity; all the flower of their

men were cut off in the field, and in the same assault their camp was

seized and sacked.

40. Equal danger, and an issue equally glorious, soon after attended

the war with the Samnites; who, besides their many preparations for

the field, made their army to glitter with new decorations of their

armour. Their troops were in two divisions, one of which had their

shields embossed with gold, the other with silver. The shape of the

shield was this; broad at the middle to cover the breast and

shoulders, the summit being flat, sloping off gradually so as to

become pointed below, that it might be wielded with ease; a loose coat

of mail also served as a protection for the breast, and the left leg

was covered with a greave; their helmets were adorned with plumes, to

add to the appearance of their stature. The golden-armed soldiers wore

tunics of various colours; the silver-armed, of white linen. To the

latter the right wing was assigned; the former took post on the left.

The Romans had been apprized of these splendid accoutrements, and had

been taught by their commanders, that "a soldier ought to be rough;

not decorated with gold and silver, but placing his confidence in his

sword. That matters of this kind were in reality spoil rather than

armour; glittering before action, but soon becoming disfigured amid

blood and wounds. That the brightest ornament of a soldier was valour;

that all those trinkets would follow victory, and that those rich

enemies would be valuable prizes to the conquerors, however poor."

Cursor, having animated his men with these observations, led them on

to battle. He took post himself on the right wing, he gave the command

of the left to the master of the horse. As soon as they engaged, the

struggle between the two armies became desperate, while it was no less

so between the dictator and the master of the horse, on which wing

victory should first show itself. It happened that Junius first, with

the left wing, made the right of the enemy give way; this consisted of

men devoted after the custom of Samnites, and on that account

distinguished by white garments and armour of equal whiteness. Junius,

saying "he would sacrifice these to Pluto," pressed forward,

disordered their ranks, and made an evident impression on their line:

which being perceived by the dictator, he exclaimed, "Shall the

victory begin on the left wing, and shall the right, the dictator's

own troops, only second the arms of others, and not claim the greatest

share of the victory?" This spurred on the soldiers: nor did the

cavalry yield to the infantry in bravery, nor the ardour of

lieutenants-general to that of the commanders. Marcius Valerius from

the right wing, and Publius Decius from the left, both men of consular

rank, rode off to the cavalry, posted on the extremities of the line,

and, exhorting them to join in putting in for a share of the honour,

charged the enemy on the flanks. When the addition of this new alarm

assailed the enemies' troops on both sides, and the Roman legions,

having renewed the shout to confound the enemy, rushed on, they began

to fly. And now the plains were quickly filled with heaps of bodies

and splendid armour. At first, their camp received the dismayed

Samnites; but they did not long retain even the possession of that:

before night it was taken, plundered, and burnt. The dictator

triumphed, in pursuance of a decree of the senate; and the most

splendid spectacle by far, of any in his procession, was the captured

arms: so magnificent were they deemed, that the shields, adorned with

gold, were distributed among the owners of the silver shops, to serve

as embellishments to the forum. Hence, it is said, arose the custom of

the forum being decorated by the aediles, when the grand processions

are made on occasion of the great games. The Romans, indeed, converted

these extraordinary arms to the honour of the gods: but the

Campanians, out of pride, and in hatred of the Samnites, gave them as

ornaments to their gladiators, who used to be exhibited as a show at

their feasts, and whom they distinguished by the name of Samnites.

During this year, the consul Fabius fought with the remnants of the

Etrurians at Perusia, which city also had violated the truce, and

gained an easy and decisive victory. He would have taken the town

itself (for he marched up to the walls,) had not deputies come out and

capitulated. Having placed a garrison at Perusia, and sent on before

him to the Roman senate the embassies of Etruria, who solicited

friendship, the consul rode into the city in triumph, for successes

more important than those of the dictator. Besides, a great share of

the honour of reducing the Samnites was attributed to the

lieutenants-general, Publius Decius and Marcius Valerius: whom, at the

next election, the people, with universal consent, declared the one

consul, the other praetor.

41. To Fabius, in consideration of his extraordinary merit in the

conquest of Etruria, the consulship was continued. Decius was

appointed his colleague. Valerius was created praetor a fourth time.

The consuls divided the provinces between them. Etruria fell to

Decius, Samnium to Fabius. The latter, having marched to Nuceria,

rejected the application of the people of Alfaterna, who then sued for

peace, because they had not accepted it when offered, and by force of

arms compelled them to surrender. A battle was fought with the

Samnites; the enemy were overcome without much difficulty: nor would

the memory of that engagement have been preserved, except that in it

the Marsians first appeared in arms against the Romans. The

Pelignians, imitating the defection of the Marsians, met the same

fate. The other consul, Decius, was likewise very successful in his

operations: through terror he compelled the Tarquinians to supply his

army with corn, and to sue for a truce for forty years. He took

several forts from the Volsinians by assault, some of which he

demolished, that they might not serve as receptacles to the enemy, and

by extending his operations through every quarter, diffused such a

dread of his arms, that the whole Etrurian nation sued to the consul

for an alliance: this they did not obtain; but a truce for a year was

granted them. The pay of the Roman army for that year was furnished by

the enemy; and two tunics for each soldier were exacted from them:

this was the purchase of the truce. The tranquillity now established

in Etruria was interrupted by a sudden insurrection of the Umbrians, a

nation which had suffered no injury from the war, except what

inconvenience the country had felt in the passing of the army. These,

by calling into the field all their own young men, and forcing a great

part of the Etrurians to resume their arms, made up such a numerous

force, that speaking of themselves with ostentatious vanity and of the

Romans with contempt, they boasted that they would leave Decius behind

in Etruria, and march away to besiege Rome; which design of theirs

being reported to the consul Decius, he removed by long marches from

Etruria towards their city, and sat down in the district of Pupinia,

in readiness to act according to the intelligence received of the

enemy. Nor was the insurrection of the Umbrians slighted at Rome:

their very threats excited tears among the people, who had

experienced, in the calamities suffered from the Gauls, how insecure a

city they inhabited. Deputies were therefore despatched to the consul

Fabius with directions, that, if he had any respite from the war of

the Samnites, he should with all haste lead his army into Umbria. The

consul obeyed the order, and by forced marches proceeded to Mevania,

where the forces of the Umbrians then lay. The unexpected arrival of

the consul, whom they had believed to be sufficiently employed in

Samnium, far distant from their country, so thoroughly affrighted the

Umbrians, that several advised retiring to their fortified towns;

others, the discontinuing the war. However, one district, called by

themselves Materina, prevailed on the rest not only to retain their

arms, but to come to an immediate engagement. They fell upon Fabius

while he was fortifying his camp. When the consul saw them rushing

impetuously towards his rampart, he called off his men from the work,

and drew them up in the best manner which the nature of the place and

the time allowed; encouraging them by displaying, in honourable and

just terms, the glory which they had acquired, as well in Etruria as

in Samnium, he bade them finish this insignificant appendage to the

Etrurian war, and take vengeance for the impious expressions in which

these people had threatened to attack the city of Rome. Such was the

alacrity of the soldiers on hearing this, that, raising the shout

spontaneously, they interrupted the general's discourse, and, without

waiting for orders, advanced, with the sound of all the trumpets and

cornets, in full speed against the enemy. They made their attack not

as on men, or at least men in arms, but, what must appear wonderful in

the relation, began by snatching the standards out of the hands which

held them; and then, the standard-bearers themselves were dragged to

the consul, and the armed soldiers transferred from the one line to

the other; and wherever resistance was any where made, the business

was performed, not so much with swords, as with their shields, with

the bosses of which, and thrusts of their elbows, they bore down the

foe. The prisoners were more numerous than the slain, and through the

whole line the Umbrians called on each other, with one voice, to lay

down their arms. Thus a surrender was made in the midst of action, by

the first promoters of the war; and on the next and following days,

the other states of the Umbrians also surrendered. The Ocriculans were

admitted to a treaty of friendship on giving security.

42. Fabius, successful in a war allotted to another, led back his army

into his own province. And as, in the preceding year, the people had,

in consideration of his services so successfully performed, re-elected

him to the consulship, so now the senate, from the same motive,

notwithstanding a warm opposition made by Appius, prolonged his

command for the year following, in which Appius Claudius and Lucius

Volumnius were consuls. In some annals I find, that Appius, still

holding the office of censor, declared himself a candidate for the

consulship, and that his election was stopped by a protest of Lucius

Furius, plebeian tribune, until he resigned the censorship. After his

election to the consulship, the new war with the Sallentine enemies

being decreed to his colleague, he remained at Rome, with design to

increase his interest by city intrigues, since the means of procuring

honour in war were placed in the hands of others. Volumnius had no

reason to be dissatisfied with his province: he fought many battles

with good success, and took several cities by assault. He was liberal

in his donations of the spoil; and this munificence, engaging in

itself, he enhanced by his courteous demeanour, by which conduct he

inspired his soldiers with ardour to meet both toil and danger.

Quintus Fabius, proconsul, fought a pitched battle with the armies of

the Samnites, near the city of Allifae. The victory was complete. The

enemy were driven from the field, and pursued to their camp; nor would

they have kept possession of that, had not the day been almost spent.

It was invested, however, before night, and guarded until day, lest

any should slip away. Next morning, while it was scarcely clear day,

they proposed to capitulate, and it was agreed, that such as were

natives of Samnium should be dismissed with single garments. All these

were sent under the yoke. No precaution was taken in favour of the

allies of the Samnites: they were sold by auction, to the number of

seven thousand. Those who declared themselves subjects of the

Hernicians, were kept by themselves under a guard. All these Fabius

sent to Rome to the senate; and, after being examined, whether it was

in consequence of a public order, or as volunteers, that they had

carried arms on the side of the Samnites against the Romans, they were

distributed among the states of the Latins to be held in custody; and

it was ordered, that the new consuls, Publius Cornelius Arvina and

Quintus Marcius Tremulus, who by this time had been elected, should

lay that affair entire before the senate: this gave such offence to

the Hernicians, that, at a meeting of all the states, assembled by the

Anagnians, in the circus called the Maritime, the whole nation of the

Hernicians, excepting the Alatrians, Ferentines, and Verulans,

declared war against the Roman people.

43. In Samnium also, in consequence of the departure of Fabius, new

commotions arose. Calatia and Sora, and the Roman garrisons stationed

there, were taken, and extreme cruelty was exercised towards the

captive soldiers: Publius Cornelius was therefore sent thither with an

army. The command against the new enemy (for by this time an order had

passed for declaring war against the Anagnians, and the rest of the

Hernicians) was decreed to Marcius. These, in the beginning, secured

all the passes between the camps of the consuls, in such a manner,

that no messenger, however expert, could make his way from one to the

other; and each consul spent several days in absolute uncertainty

regarding every matter and in anxious suspense concerning the state of

the other. Apprehensions for their safety spread even to Rome; so that

all the younger citizens were compelled to enlist and two regular

armies were raised, to answer sudden emergencies. The conduct of the

Hernicians during the progress of the war afterwards, showed nothing

suitable to the present alarm, or to the ancient renown of that

nation. Without ever venturing any effort worth mentioning, being

stripped of three different camps within a few days, they stipulated

for a truce of thirty days, during which they might send to Rome, to

the senate, on the terms of furnishing two months' pay, and corn, and

a tunic to every soldier. They were referred back to Marcius by the

senate, whom by a decree they empowered to determine regarding the

Hernicians, and he accepted their submission. Meanwhile, in Samnium,

the other consul, though superior in strength, was very much

embarrassed by the nature of his situation; the enemy had blocked up

all the roads, and seized on the passable defiles, so that no

provisions could be conveyed; nor could the consul, though he daily

drew out his troops and offered battle, allure them to an engagement.

It was evident, that neither could the Samnites support an immediate

contest, nor the Romans a delay of action. The approach of Marcius,

who, after he had subdued the Hernicians, hastened to the succour of

his colleague, put it out of the enemy's power any longer to avoid

fighting: for they, who had not deemed themselves a match in the

field, even for one of the armies, could not surely suppose that if

they should allow the two consular armies to unite, they could have

any hope remaining: they made an attack therefore on Marcius, as he

was approaching in the irregular order of march. The baggage was

hastily thrown together in the centre, and the line formed as well as

the time permitted. First the shout which reached the standing camp of

Cornelius, then the dust observed at a distance, excited a bustle in

the camp of the other consul. Ordering his men instantly to take arms,

and leading them out to the field with the utmost haste, he charged

the flank of the enemy's line, which had enough to do in the other

dispute, at the same time exclaiming, that "it would be the height of

infamy if they suffered Marcius's army to monopolize the honour of

both victories, and did not assert their claim to the glory of their

own war." He bore down all before him, and pushed forward, through the

midst of the enemy's line, to their camp, which, being left without a

guard, he took and set on fire; which when the soldiers of Marcius saw

in flames, and the enemy observed it on looking about, a general

flight immediately took place among the Samnites. But they could not

effect an escape in any direction; in every quarter they met death.

After a slaughter of thirty thousand men, the consuls had now given

the signal for retreat; and were collecting, into one body, their

several forces, who were employed in mutual congratulations, when some

new cohorts of the enemy, which had been levied for a reinforcement,

being seen at a distance, occasioned a renewal of the carnage. On

these the conquerors rushed, without any order of the consuls, or

signal received, crying out, that they would make these Samnites pay

dearly for their introduction to service. The consuls indulged the

ardour of the legions, well knowing that the raw troops of the enemy,

mixed with veterans dispirited by defeat, would be incapable even of

attempting a contest. Nor were they wrong in their judgment: all the

forces of the Samnites, old and new, fled to the nearest mountains.

These the Roman army also ascended, so that no situation afforded

safety to the vanquished; they were beaten off, even from the summits

which they had seized. And now they all, with on voice, supplicated

for a suspension of arms. On which, being ordered to furnish corn for

three months, pay for a year, and a tunic to each of the soldiers,

they sent deputies to the senate to sue for peace. Cornelius was left

in Samnium. Marcius returned into the city, in triumph over the

Hernicians; and a decree was passed for erecting to him, in the forum,

an equestrian statue, which was placed before the temple of Castor. To

three states of the Hernicians, (the Alatrians, Verulans, and

Ferentines,) their own laws were restored, because they preferred

these to the being made citizens of Rome; and they were permitted to

intermarry with each other, a privilege which they alone of the

Hernicians, for a long time after, enjoyed. To the Anagnians, and the

others, who had made war on the Romans, was granted the freedom of the

state, without the right of voting; public assemblies, and

intermarriages, were not allowed them, and their magistrates were

prohibited from acting except in the ministration of public worship.

During this year, Caius Junius Bubulcus, censor, contracted for the

building of a temple to Health, which he had vowed during his

consulate in the war with the Samnites. By the same person, and his

colleague, Marcus Valerius Maximus, roads were made through the fields

at the public expense. During the same year the treaty with the

Carthaginians was renewed a third time, and ample presents made to

their ambassadors who came on that business.

44. This year had a dictator in office, Publius Cornelius Scipio, with

Publius Decius Mus, master of the horse. By these the election of

consuls was held, being the purpose for which they had been created,

because neither of the consuls could be absent from the armies. The

consuls elected were Lucius Postumius and Titus Minucius; whom Piso

places next after Quintus Fabius and Publius Decius, omitting the two

years in which I have set down Claudius with Volumnius, and Cornelius

with Marcius, as consuls. Whether this happened through a lapse of

memory in digesting his annals, or whether he purposely passed over

those two consulates as deeming the accounts of them false, cannot be

ascertained. During this year the Samnites made incursions into the

district of Stellae in the Campanian territory. Both the consuls were

therefore sent into Samnium, and proceeded to different regions,

Postumius to Tifernum, Minucius to Bovianum. The first engagement

happened at Tifernum, under the command of Postumius. Some say, that

the Samnites were completely defeated, and twenty thousand of them

made prisoners. Others, that the army separated without victory on

either side; and that Postumius, counterfeiting fear, withdrew his

forces privately by night, and marched away to the mountains; whither

the enemy also followed, and took possession of a stronghold two miles

distant. The consul, having created a belief that he had come thither

for the sake of a safe post, and a fruitful spot, (and such it really

was,) secured his camp with strong works. Furnishing it with magazines

of every thing useful, he left a strong guard to defend it; and at the

third watch, led away the legions lightly accoutred, by the shortest

road which he could take, to join his colleague, who lay opposite to

his foe. There, by advice of Postumius, Minucius came to an engagement

with the enemy; and when the fight had continued doubtful through a

great part of the day, Postumius, with his fresh legions, made an

unexpected attack on the enemy's line, spent by this time with

fatigue: thus, weariness and wounds having rendered them incapable

even of flying, they were cut off to a man, and twenty-one standards

taken. The Romans then proceeded to Postumius's station, where the two

victorious armies falling upon the enemy, already dismayed by the news

of what had passed, routed and dispersed them: twenty-six military

standards were taken here, and the Samnite general, Statius Gellius,

with a great number of other prisoners, and both the camps were taken.

Next day Bovianum was besieged, and soon after taken. Both the consuls

were honoured with a triumph, with high applause of their excellent

conduct. Some writers say, that the consul Minucius was brought back

to the camp grievously wounded, and that he died there; that Marcus

Fulvius was substituted consul in his place, and that it was he who,

being sent to command Minucius's army, took Bovianum. During the same

year, Sora, Arpinum, and Censennia were recovered from the Samnites.

The great statue of Hercules was erected in the Capitol, and

dedicated.

45. In the succeeding consulate of Publius Sulpicius Saverrio and

Publius Sempronius Sophus, the Samnites, desirous either of a

termination or a suspension of hostilities, sent ambassadors to Rome

to treat of peace; to whose submissive solicitations this answer was

returned, that, "had not the Samnites frequently solicited peace, at

times when they were actually preparing for war, their present

application might, perhaps, in the course of negotiating, have

produced the desired effect. But now, since words had hitherto proved

vain, people's conduct must be guided by facts: that Publius

Sempronius the consul would shortly be in Samnium with an army: that

he could not be deceived in judging whether their dispositions

inclined to peace or war. He would bring the senate certain

information respecting every particular, and their ambassadors might

follow the consul on his return from Samnium." When the Roman army

accordingly marched through all parts of Samnium, which was in a state

of peace, provisions being liberally supplied, a renewal of the old

treaty was, this year, granted to the Samnites. The Roman arms were

then turned against the Aequans, their old enemies, but who had, for

many years past, remained quiet, under the guise of a treacherous

peace, because, while the Hernicians were in a state of prosperity,

these had, in conjunction with them, frequently sent aid to the

Samnites; and after the Hernicians were subdued, almost the whole

nation, without dissembling that they acted by public authority, had

revolted to the enemy; and when, after the conclusion of the treaty

with the Samnites at Rome, ambassadors were sent to demand

satisfaction, they said, that "this was only a trial made of them, on

the expectation that they would through fear suffer themselves to be

made Roman citizens. But how much that condition was to be wished for,

they had been taught by the Hernicians; who, when they had the option,

preferred their own laws to the freedom of the Roman state. To people

who wished for liberty to choose what they judged preferable, the

necessity of becoming Roman citizens would have the nature of a

punishment." In resentment of these declarations, uttered publicly in

their assemblies, the Roman people ordered war to be made on the

Aequans; and, in prosecution of this new undertaking, both the consuls

marched from the city, and sat down at the distance of four miles from

the camp of the enemy. The troops of the Aequans, like tumultuary

recruits, in consequence of their having passed such a number of years

without waging war on their own account, were all in disorder and

confusion, without established officers and without command. Some

advised to give battle, others to defend the camp; the greater part

were influenced by concern for the devastation of their lands, likely

to take place, and the consequent destruction of their cities, left

with weak garrisons. Among a variety of propositions, one, however,

was heard which, abandoning all concern for the public interest,

tended to transfer every man's attention to the care of his private

concerns. It recommended that, at the first watch, they should depart

from the camp by different roads, so as to carry all their effects

into the cities, and to secure them by the strength of the

fortifications; this they all approved with universal assent. When the

enemy were now dispersed through the country, the Romans, at the first

dawn, marched out to the field, and drew up in order of battle; but no

one coming to oppose them, they advanced in a brisk pace to the

enemy's camp. But when they perceived neither guards before the gates,

nor soldiers on the ramparts, nor the usual bustle of a

camp,--surprised at the extraordinary silence, they halted in

apprehension of some stratagem. At length, passing over the rampart,

and finding the whole deserted, they proceeded to search out the

tracks of the enemy. But these, as they scattered themselves to every

quarter, occasioned perplexity at first. Afterwards discovering their

design by means of scouts, they attacked their cities, one after

another, and within the space of fifty days took, entirely by force,

forty-one towns, most of which were razed and burnt, and the race of

the Aequans almost extirpated. A triumph was granted over the Aequans.

The Marrucinians, Marsians, Pelignians, and Ferentans, warned by the

example of their disasters, sent deputies to Rome to solicit peace and

friendship; and these states, on their submissive applications, were

admitted into alliance.

46. In the same year, Cneius Flavius, son of Cneius, grandson of a

freed man, a notary, in low circumstances originally, but artful and

eloquent, was appointed curule aedile. I find in some annals, that,

being in attendance on the aediles, and seeing that he was voted

aedile by the prerogative tribe, but that his name would not be

received, because he acted as a notary, he threw down his tablet, and

took an oath, that he would not, for the future, follow that business.

But Licinius Macer contends, that he had dropped the employment of

notary a considerable time before, having already been a tribune, and

twice a triumvir, once for regulating the nightly watch, and another

time for conducting a colony. However, of this there is no dispute,

that against the nobles, who threw contempt on the meanness of his

condition, he contended with much firmness. He made public the rules

of proceeding in judicial causes, hitherto shut up in the closets of

the pontiffs; and hung up to public view, round the forum, the

calendar on white tablets, that all might know when business could be

transacted in the courts. To the great displeasure of the nobles, he

performed the dedication of the temple of Concord, in the area of

Vulcan's temple; and the chief pontiff, Cornelius Barbatus, was

compelled by the united instances of the people, to dictate to him the

form of words, although he affirmed, that, consistently with the

practice of antiquity, no other than a consul, or commander-in-chief,

could dedicate a temple. This occasioned a law to be proposed to the

people, by direction of the senate, that no person should dedicate a

temple, or an altar, without an order from the senate, or from a

majority of the plebeian tribunes. The incident which I am about to

mention would be trivial in itself, were it not an instance of the

freedom assumed by plebeians in opposition to the pride of the nobles.

When Flavius had come to make a visit to his colleague, who was sick,

and when, by an arrangement between some young nobles who were sitting

there, they did not rise on his entrance, he ordered his curule chair

to be brought thither, and from his honourable seat of office enjoyed

the sight of his enemies tortured with envy. However, a low faction,

which had gathered strength during the censorship of Appius Claudius,

had made Flavius an aedile; for he was the first who degraded the

senate, by electing into it the immediate descendants of freed men;

and when no one allowed that election as valid, and when he had not

acquired in the senate-house that influence in the city which he had

been aiming at, by distributing men of the meanest order among all the

several tribes, he thus corrupted the assemblies both of the forum and

of the field of Mars; and so much indignation did the election of

Flavius excite, that most of the nobles laid aside their gold rings

and bracelets in consequence of it. From that time the state was split

into two parties. The uncorrupted part of the people, who favoured and

supported the good, held one side; the faction of the rabble, the

other; until Quintus Fabius and Publius Decius were made censors; and

Fabius, both for the sake of concord, and at the same time to prevent

the elections remaining in the hands of the lowest of the people,

purged the rest of the tribes of all the rabble of the forum, and

threw it into four, and called them city tribes. And this procedure,

we are told, gave such universal satisfaction, that, by this

regulation in the orders of the state, he obtained the surname of

Maximus, which he had not obtained by his many victories. The annual

review of the knights, on the ides of July, is also said to have been

instituted by him.