[38.1] When Appius learned of the girl’s fate, he leaped up from his seat and was minded to pursue Verginius, meanwhile both saying and doing many indecorous things. But when his friends stood round him and besought him to do nothing reckless, he departed full of resentment against everybody. [2] Then, when he was already home, some of his followers informed him that Icilius, the betrothed of Verginia, and Numitorius, her uncle, together with her other friends and relations, standing round her body, were charging him with crimes speakable and unspeakable and summoning the people to liberty. [3] In his rage he sent some of the lictors with orders to hale to prison those who had raised the clamour and to remove the body out of the Forum, thereby doing a most imprudent thing and one by no means suited to that crisis. For when he ought to have courted the multitude, by yielding to them for the moment and afterwards justifying some of his actions, seeking pardon for others, and making amends for yet others by sundry acts of kindness, he was carried away to more violent measures and forced the people to resort to desperation. [4] For instance, they would not permit it when the lictors attempted to drag away the body or hale the men to prison, but shouting encouragement to one another, they indulged in both pushing and blows against them when they attempted to use violence and drove them out of the Forum. As a result, Appius, on hearing of this, was obliged to proceed to the Forum, accompanied by numerous partisans and clients, whom he ordered to beat and hold back out of the way the people who were in the streets. [5] But Valerius and Horatius, who, as I have said, were the chief leaders of those who desired to recover their liberty, having learned of his purpose in thus coming forth, came bringing with them a large and brave company of youths and took their stand before the body; and when Appius and his followers drew near, they first proceeded to harsh and bitter taunts against the power of the decemvirs, and then, suiting their actions to their words, they struck and knocked down all who engaged with them.

[39.1] Appius, sorely troubled by this unexpected setback and not knowing how to deal with the men, resolved to take the most pernicious course. For, feeling that the populace still remained friendly to him, he went up to the sanctuary of Vulcan, and calling an assembly of the people, he attempted to accuse those men of violation of the law and of insolent behaviour, being carried away by his tribunician power and the vain hope that the people would share his resentment and permit him to throw the men down from the cliff. [2] But Valerius and his followers took possession of another part of the Forum, and placing the body of the maiden where it would be seen by all, held another assembly of the people and made a sweeping accusation of Appius and the other oligarchs. [3] And it was bound to happen, as one would expect, that with some being attracted thither by the rank of the men, others by their compassion for the girl who had suffered dreadful and worse than dreadful calamities because of her unfortunate beauty, and still others by their very yearning for the ancient constitution, this assembly would be better attended than the other, so that just a few were left round Appius, consisting solely of the oligarchical faction; and among those there were some who for many reasons no longer paid heed to the oligarchs themselves, but, if the cause of their opponents should become strong, would gladly turn against the others. [4] Appius, accordingly, seeing himself being deserted, was obliged to change his mind and leave the Forum, a course which proved of the greatest advantage to him; for if he had been set upon by the plebeian crowd, he would have paid a fitting penalty to them. [5] After that Valerius and his followers, having all the authority they wished, indulged themselves in anti-oligarchic speeches and by their harangues won over those who still hesitated. The dissatisfaction of the citizens at large was still further increased by the relations of the girl, who brought her bier into the Forum, prepared all the funeral trappings on the most costly scale they could, and then bore the body in procession through the principal streets of the city, where it would be seen by the largest number of people. [6] In fact the matrons and maidens ran out of their houses lamenting her fate, some throwing flowers and garlands upon the bier, some their girdles or fillets, others their childhood toys, and others perhaps even locks of their hair that they had cut off; [7] and many of the men, either purchasing ornaments in the neighbouring shops or receiving them as a favour, contributed to the funeral pomp by the appropriate gifts. Hence the funeral was much talked about throughout the entire city, and all were seized with an eager desire for the overthrow of the oligarchs. But those who favoured the cause of the oligarchy, being armed, kept them in great fear, and Valerius and his followers did not care to decide the quarrel by shedding the blood of their fellow citizens.

[40.1] Affairs in the city, then, were in this state of turmoil. In the meantime Verginius, who, as I have related, had slain his daughter with his own hand, rode with loose rein and at lamp-lighting time came to the camp at Algidum, still in the same condition in which he had rushed out of the city, all covered with blood and holding the butcher’s knife in his hand. [2] When those who were keeping guard before the camp saw him, they could not imagine what had happened to him, and they followed along in the expectation of hearing of some great and dreadful occurrence. Verginius for the time continued on his way, weeping and making signs to those he met to follow him; and from the tents which he passed the soldiers, who were then at supper, all ran out in a body, full of anxious suspense and consternation, carrying torches and lamps; and pouring round him, they accompanied him. [3] But when he came to the open space in the camp, he took his stand upon an elevated spot, so as to be seen by all, and related the calamities that had befallen him, offering as witnesses to the truth of his statements those who had come with him from the city.

When he saw many of them lamenting and shedding tears, he turned to supplications and entreaties, begging them neither to permit him to go unavenged nor to let the fatherland be foully abused. While he was speaking thus, great eagerness was shown by them all to hear him and great encouragement for him to speak on. [4] Accordingly, he now assailed the oligarchy with greater boldness, recounting how the decemvirs had deprived many of their fortunes, caused many to be scourged, forced ever so many to flee from the country though guilty of no crime, and enumerating their insults offered to matrons, their seizing of marriageable maidens, their abuse of boys of free condition, and all their other excesses and cruelties. [5] “And these abuses,” he said, “we suffer at the hands of men who hold their power neither by law nor by a decree of the senate nor by the consent of the people (for the year’s term of their magistracy, after serving which they should have handed over the administration of affairs to others, has expired), but by the most violent of all means, since they have adjudged us great cowards and weaklings, like women. [6] Let every one of you consider both what he has suffered himself and what he knows others to have suffered; and if any one of you, lured by them with pleasures or gratifications, does not stand in dread of the oligarchy or fear that the calamities will eventually come upon him too some day, let him learn that tyrants know no loyalty, that it is not out of goodwill that the favours of the powerful are bestowed, and all the other truths of like purport; then let him change his opinion. [7] And becoming of one mind, all of you, free from these tyrants your country, in which stand both the temples of your gods and the sepulchres of your ancestors, whom you honour next to the gods, in which also are your aged fathers, who demand of you many acknowledgements such as the pains they have bestowed upon your rearing deserve, and also your lawfully betrothed wives, your marriageable daughters, who require much solicitous care on the part of their parents, and your sons, to whom are owed the rights deriving from Nature and from your forefathers. [8] I say nothing indeed of your houses, your estates and your goods, which have been acquired with great pains both by your fathers and by yourselves, none of which things you can possess in security so long as you live under the tyranny of the decemvirs.

[41.1] “It is the part neither of prudent nor of brave men to acquire the possessions of others by valour and then to allow their own to be lost through cowardice, nor, again, to wage long and incessant wars against the Aequians, the Volscians, the Sabines, and all the rest of your neighbours for the sake of sovereignty and dominion and then to be unwilling to take up arms against your unlawful rulers for the sake of both your security and your liberty. [2] Will you not recover the proud spirit of your country? Will you not come to a decision worthy of the virtue of your ancestors who, because one woman was outraged by one of Tarquin’s sons and because of this calamity put herself to death, became so indignant at her fate and so exasperated, looking upon the outrage as one done to them all alike, that they not only banished Tarquin from the state, but even abolished the monarchy itself and forbade that anyone should thereafter rule over Romans for life with irresponsible power, not only binding themselves by the most solemn oaths, but also invoking curses upon their descendants if in any respect they should act to the contrary? [3] Then, when they refused to bear the tyrannical outrage committed by one licentious youth upon one person of free condition, will you tolerate a many-headed tyranny that indulges in every sort of crime and licentiousness and will indulge still more if you now submit to it? [4] I am not the only man who had a daughter superior in beauty to others whom Appius had openly attempted to violate and besmirch, but many of you also have daughters or wives or comely young sons; and what shall hinder these from being treated in the same manner by another of the ten tyrants or by Appius himself? Unless, indeed, there is some one of the gods who will guarantee that if you permit these calamities of mine to go unavenged the same misfortunes will not come upon many of you, but having pursued its way only as far as my daughter, this lust of tyrants will stop and toward the persons of others, both youths and maidens, will grow chaste! [5] Know of a certainty, however, that it is the part of great folly and stupidity to say that these imagined crimes will not come to pass. For the desires of tyrants are naturally limitless, inasmuch as they have neither law nor fear to check them. Therefore, by effecting for me a just vengeance and also by procuring for yourselves security against suffering the same mistreatment, break now at last your bonds, O miserable me; look up toward liberty, your eyes fixed upon her. [6] What other ground for indignation greater than this will you have, when the tyrants carry off the daughters of citizens like slaves and with the lash lead their brides home? On what occasion will you regain the spirit of free men if you let slip the present one when your bodies are protected by arms?”

[42.1] While he was yet speaking, most of the soldiers cried out, promising to avenge him, and called upon the centurions by name, demanding immediate action; and many, coming forward, made bold to speak openly of any ill-treatment they had suffered. [2] Upon learning of what had happened, the five men, who, as I have stated, had the command of these legions, fearing lest some attack might be made upon them by the rabble, all ran to the general’s headquarters and considered with their friends how they might allay the tumult by surrounding themselves with an armed guard of their own faction. [3] But being informed that the soldiers had retired to their tents and that the disturbance was abated and ended, and being unaware that most of the centurions had secretly conspired to revolt and to unite in freeing their country, they resolved that as soon as it was day they would seize Verginius, who was stirring up the rabble, and keep him in custody, and then, breaking camp and leading their forces against the enemy, would settle down in the best part of their territory and lay it waste, thus keeping their men from meddling any longer with what was going on in the city, partly because of the booty they would acquire and partly because of the battles that would be waged in each instance to secure their own safety. [4] But they succeeded in none of their calculations; for the centurions would not even permit Verginius to go to the generals’ headquarters when he was sent for, suspecting that he might suffer some harm; nay, they even heaped scorn upon the intercepted report that the generals wished to lead the troops against the enemy, saying: “How skilfully you have commanded us in the past, that now also we should take hope and follow you — you who, after assembling a greater army both from the city itself and from our allies than any other generals in the past, have not only failed to gain any victory over the enemy or to do them any harm, but on the contrary have shown a lack of both courage and experience by encamping in cowardly fashion, and also, by permitting your own territory to be ravaged by the enemy, have made us beggars and destitute of all the means by which, when we were superior to our foes in equipment, we conquered them in battle when we had better generals than you! And now our foes erect trophies to commemorate our defeats and are in possession of our tents, our slaves, our arms and our money, which they have seized as plunder.”

[43.1] Verginius, moved by anger and no longer standing in awe of the generals, now inveighed against them with greater assurance, called them despoilers and plagues of their country, and exhorting all the centurions to take up the standards and lead the army home. [2] But most of them were still afraid to remove the sacred standards, and again, did not think it either right or safe at all to desert their commanders and generals. For not only does the military oath, which the Romans observe most strictly of all oaths, bid the soldiers follow their generals wherever they may lead, but also the law has given the commanders authority to put to death without a trial all who are disobedient or desert their standards. [3] Verginius, accordingly, perceiving that these scruples kept them in awe, proceeded to show them that the law had set aside their oath, since it is necessary that the general who commands the forces should have been legally appointed, whereas the power of the decemvirs was illegal, inasmuch as it had exceeded the term of a year, for which it had been granted. And to do the bidding of those who were commanding illegally, he declared, was not obedience and loyalty, but folly and madness. [4] The soldiers, hearing these arguments, approved of them; and encouraging one another and inspired also by Heaven with a certain boldness, they took up the standards and set out from the camp. However, as was to be expected among men of various dispositions and not all of them entertaining the best intentions, there were bound to be some, both soldiers and centurions, who remained with the oligarchs, though they were not so numerous as the others, but far fewer. [5] Those who departed from the camp marched throughout the entire day, and when evening came on, arrived in Rome, no one having announced their approach. Hence they caused the inhabitants no slight dismay, since they thought that a hostile army had entered the city; and there was shouting and disorderly running to and fro throughout the city. Nevertheless, the confusion did not last long enough to produce any mischief. For the soldiers, passing through the streets, called out that they were friends and had come for the good of the commonwealth; and they made their words match their deeds, as they did no harm to anyone. [6] Then, proceeding to the hill called the Aventine, which of all the hills included in Rome is the most suitable for an encampment, they put down their arms near the temple of Diana. The following day they strengthened their camp, and having appointed ten tribunes, at the head of whom was Marcus Oppius, to take care of their common interests, they remained quiet.

[44.1] There soon came to them as reinforcements from the army at Fidenae the ablest centurions of the three legions there, bringing with them a large force. These had long been disaffected toward the generals at Fidenae, ever since those men had caused the death of Siccius the legate, as I have related, but were afraid of beginning the revolt earlier, because they considered the five legions at Algidum to be attached to the decemvirate; but at the time in question, as soon as they heard of the revolt of the others, they were glad to embrace the opportunity presented to them by Fortune. [2] These legions also were commanded by ten tribunes, who had been appointed during their march, the most prominent of whom was Sextus Malius. After joining the others, they put down their arms and left it to the twenty tribunes to speak and act in all matters as representatives of the whole group. Out of these twenty they appointed two persons, Marcus Oppius and Sextus Malius, who were the most prominent, to determine policies. These established a council consisting of all the centurions and handled all matters in conjunction with them. [3] While their intentions were not as yet generally known, Appius, inasmuch as he was conscious of having been the cause of the present disturbance and of the evils that were expected to result from it, no longer thought fit to transact any of the public business, but stayed at home. Spurius Oppius, however, who had been placed in command of the city together with him, although he too had been alarmed at first, believing that their enemies would immediately attack them and had indeed come for this purpose, nevertheless, when he found that they had attempted nothing revolutionary, relaxed from his fear and summoned the senators from their homes to the senate-house, sending for each one individually. [4] While these were still assembling, the commanders of the army at Fidenae arrived, full of indignation that both the camps had been abandoned by the soldiers, and they endeavoured to persuade the senate to resent this action as it deserved. When the senators were to deliver their opinions one after another, Lucius Cornelius declared that the soldiers who were posted on the Aventine must return that very day to their camps and carry out the orders of their generals, though they should not be subject to trial for anything that had happened, save only the authors of the revolt, who should be punished by the generals. [5] If, however, they did not do as commanded, the senate should deliberate concerning them as concerning men who had abandoned the post to which they had been assigned by their generals and had violated their military oath. Lucius Valerius . . . . . . . . . . . . . . . .

[6] But it behooved me neither to make no mention of the Roman laws which I found written on the Twelve Tables, since they are so venerable and so far superior to the codes of the Greeks, nor to go on and extend my account of them farther than was necessary.

 

[45.1] After the overthrow of the decemvirate the first persons to receive the consular office from the people in a centuriate assembly were, as I have stated, Lucius Valerius Potitus and Marcus Horatius Barbatus, who were not only of their own nature favourable to the populace, but had also inherited that political creed from their ancestors. In fulfilment of the promises they had made to the plebeians, when they persuaded them to lay down their arms, that in their administration they would consult all the interests of the people, they secured the ratification in centuriate assemblies of various laws, most of which I need not mention, laws with which the patricians were displeased though they were ashamed to oppose them, and particularly the one which ordained that the laws passed by the populace in its tribal assemblies should apply to all the Romans alike, having the same force as those which should be passed in the centuriate assemblies. The penalties provided for such as should abrogate or transgress this law, in case they were convicted, were death and the confiscation of their estates. [2] This law put an end to the controversies previously carried on by the patricians against the plebeians when they refused to obey the laws enacted by the latter and would not at all regard the measures passed in the tribal assemblies as joint decrees of the whole state, but as merely private matters for the plebeians only; whereas they considered that any resolution the centuriate assembly passed applied not only to themselves but to the rest of the citizens as well. [3] It has been mentioned earlier that in the tribal assemblies the plebeians and the poor prevailed over the patricians, whereas in the centuriate assemblies the patricians, though far less numerous, had the upper hand over the plebeians.

[46.1] When this law, together with some others of a popular nature, as I have related, had been ratified by the consuls, the tribunes immediately, believing a fitting occasion had arrived for punishing Appius and his colleagues, thought they ought to bring charges against them, but not to put them all on trial at the same time, in order to prevent their helping one another in any way, but one by one; for they concluded that in this way they would be easier to manage. [2] And considering which one of them would be the most suitable to begin with, they determined to call Appius to account first, since he was hated by the people, not only because of his other crimes, but particularly because of his recent lawless acts with regard to the maiden. For they judged that if they convicted him they would easily get the better of the others, whereas, if they should begin with those of humbler station, they imagined that the resentment of the citizens, which is always more violent in the earlier trials, would be milder toward the most eminent men if they were tried last — as had often happened before. [3] Having resolved upon this course, they took the decemvirs into custody and appointed Verginius to be the accuser of Appius without drawing lots. Thereupon Appius was cited before the tribunal of the people to answer an accusation brought against him in their assembly by Verginius; and he asked for time to prepare his defence. He was haled to prison to be guarded until his trial, as bail was not allowed him; but before the day appointed for the trial came, he met his death in prison, — according to the suspicion of most people, by order of the tribunes, but according to the report of those who wished to clear them of this charge, by hanging himself. [4] After him, Spurius Oppius was brought before the tribunal of the people by another of the tribunes, Publius Numitorius, and being allowed to make his defence, was unanimously condemned, committed to prison, and put to death the same day. The rest of the decemvirs punished themselves by voluntary exile before they were indicted. The estates both of those who had been put to death and of those who had made their escape were confiscated by the quaestors. [5] Marcus Claudius, who had attempted to take away the maiden as his slave, was also accused by Icilius, her betrothed; however, by putting the blame on Appius, who had ordered him to commit the crime, he escaped death, but was condemned to perpetual banishment. Of the others who had been the instruments of the decemvirs in any crime, none had a public trial, but impunity was granted to them all. This course was proposed by Marcus Duilius, the tribune, when the citizens were already showing irritation and were expecting that . . . would be . . . enemies.

[47.1] After the domestic disturbances ceased, the consuls assembled the senate and procured the passing of a decree that they should lead out the army in all haste against the enemy. And the people having ratified the decree of the senate, Valerius, one of the consuls, marched with one half of the army against the Aequian and the Volscians; for these two nations had joined forces. [2] Understanding that the Aequians had gained assurance from their former successes and had come to entertain a great contempt for the Roman forces, he wished to increase their confidence and boldness by creating the false impression that he dreaded coming to close quarters with them, and in every move he simulated timidity. [3] For instance, he chose for his camp a lofty position difficult of access, surrounded it with a deep ditch, and erected high ramparts. And when the enemy repeatedly challenged him to battle and taunted him with cowardice, he bore it with patience and remained quiet. But upon learning that their best forces had set out to plunder the territory of the Hernicans and the Latins and that there was left in the camp a garrison that was neither large nor able, he thought this was the fitting moment, and leading out his army in regular formation, he drew it up as for battle. [4] Then, when no one came out to meet him, he held it in check that day, but on the next day led it against their camp, which was not very strong. When the enemy’s detachments which had earlier gone out after forage heard that their camp was besieged, they speedily returned, though they did not put in an appearance all together and in good order, but scattered and in small parties, everyone coming up as he could; and those in the camp, as soon as they saw their own men approaching, took courage and sallied out in a body. [5] Upon this, a great battle ensued, with much slaughter on both sides, a battle in which the Romans, gaining the victory, put to flight those who fought in closed ranks, and pursuing those who fled, killed some and made others prisoners; and taking possession of their camp, they seized much money and vast booty. After accomplishing this, Valerius now freely overran the enemy’s country and laid it waste.

[48.1] Marcus Horatius, who had been sent out to prosecute the war against the Sabines, when he learned of the exploits of his colleague, likewise marched out of camp and promptly led all his forces against the Sabines, who were not inferior in numbers and were thoroughly acquainted with the art of war. For they displayed spirit and great boldness against their opponents in consequence of their former successes, not only all of them in common, but particularly their commander; for he was both a good general and also a gallant fighter at close quarters. [2] And since the cavalry displayed great zeal, he won a most brilliant victory, killing many of the enemy and taking far more of them prisoners, and also gaining possession of their abandoned camp, in which he found not only the baggage of the enemy in great quantity but also all the booty they had taken from the Romans’ territory, and rescued a great many of his own people who had been taken prisoner. For the Sabines, in their contempt of the Romans, had not packed up and sent away their booty before the battle. [3] The effects belonging to the enemy he allowed the soldiers to take as spoils after he had first selected such a portion of them as he intend to consecrate to the gods; but the booty he restored to the owners.

[49.1] After accomplishing these things he led his forces back to Rome, and Valerius arrived at about the same time. Both of them, being greatly elated by their victories, expected to celebrate brilliant triumphs; however, the matter did not turn out according to their expectation. [2] For the senate, having been convened in their case while they lay encamped outside the city in the Field of Mars, as it was called, and being informed of the exploits of both, would not permit them to perform the triumphal sacrifice, since many of the senators opposed their demand openly, [3] and particularly Gaius Claudius, uncles, as I have stated, to Appius who had established the oligarchy and had been put to death recently by the tribunes. Claudius reproached them for the laws they had got enacted by which they had weakened the power of the senate and for the other policies they had constantly pursued; and, last of all, he told of the killing of some of the decemvirs, whom they had betrayed to the tribunes, and the confiscation of the estates of the others, in violation, as he claimed, of their oaths and covenants; [4] for he maintained that the compact entered into by the patricians with the plebeians had been made on the basis of a general amnesty and impunity for what was past. He added that Appius had not perished by his own hand, but by the treachery of the tribunes before his trial, in order that he might not by standing trial either get a chance to speak or obtain mercy, — as might well have been the case if the man had come into court citing in his defence his illustrious lineage and the many good services he had rendered to the commonwealth, appealing too to the oaths and pledges of good faith, on which men rely when accommodating their differences, bringing forward his children and relations, displaying even the humble garb of the suppliant, and doing many other things that move the multitude to compassion. [5] When Claudius had poured out all these accusations against the consuls and all who were present had expressed their approval, it was decided that the consuls ought to be content if they were not punished; but that they were not in the least worthy of celebrating triumphs or of gaining any concessions of that sort.

[50.1] The senate having rejected their request for a triumph, Valerius and his colleague were indignant, and feeling that they had been grievously affronted, they called the multitude to an assembly; and after they had uttered many invectives against the senate and the tribunes had espoused their cause and introduced a law for the purpose, they obtained from the people the privilege of celebrating a triumph, being the first of all the Romans to introduce this custom. [2] This gave occasion to fresh accusations and quarrels on the part of the plebeians against the patricians; they were egged on by the tribunes, who called assemblies every day and uttered many invectives against the senate. But the thing which exasperated the masses most was the suspicion, which the tribunes had contrived to strengthen and was increased by unavowed reports and not a few conjectures, that the patricians were going to abolish the laws which had been enacted by Valerius and his colleague; and a strong opinion to this effect, which was little less than a conviction, possessed the minds of the masses. These were the events of that consulship.

[51.1] The consuls of the following year were Lar Herminius and Titus Verginius; and they were succeeded by Marcus Geganius . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[52.1] When they made no answer but continued to feel aggrieved, Scaptius again came forward to the tribunal and said: “There you have the admission, citizens, from our adversaries themselves that they are laying claim to territory of ours which in no wise belongs to them. Bearing this in mind, vote for what is just and in conformity with your oaths.” [2] While Scaptius was thus speaking, a sense of shame came over the consuls as they considered that the outcome of this trial would be neither just nor seemly if the Roman people, when chosen as arbiters, should take away any disputed territory claimed by others and award it to themselves, after having never before put in a counter-claim to it; and a great many speeches were made by the consuls and by the leaders of the senate to avert this result, but in vain. [3] For the people, when called to give their votes, declared it would be great folly to permit what was theirs to remain in the possession of others, and they thought they would not be rendering a righteous verdict if they declared the Aricians or the Ardeates to be the owners of the disputed land after having sworn to award it to those to whom they should find that it belonged. And they were angry with the contending parties for having asked to have as arbiters those who were being deprived of this land, with this end in view, that they might not even afterwards have it in their power to recover their own property which they themselves as sworn judges had decreed to belong to others. [4] The people, then, reasoning thus and feeling aggrieved, ordered a third urn, for the Roman commonwealth, to be placed before each tribe, into which they might put their voting tablets; and the Roman people were declared by all the votes to be the owners of the disputed land. These were the events of that consulship.

[53.1] When Marcus Genucius and Gaius Quintius had assumed office, the political quarrels were renewed, the plebeians demanding that it be permitted to all Romans to hold the consulship; for hitherto the patricians alone had stood for that office and been chosen in the centuriate assembly. And a law concerning the consular elections was drawn up and introduced by the tribunes of that year, all the others but one, Gaius Furnius, having agreed upon that course; in this law they empowered the populace to decide each year whether they wished patricians or plebeians to stand for the consulship. [2] At this the members of the senate were offended, seeing in it the overthrow of their own domination, and they thought they ought to endure anything rather than permit the law to pass; and outbursts of anger, recriminations and obstructions continually occurred both in private gatherings and in their general sessions, all the patricians having become to all the plebeians. [3] Many speeches also were made in the senate and many in the meetings of the popular assembly by the leading men of the aristocracy, the more moderate by men who believed that the plebeians were misled through ignorance of their true interests and the harsher by men who thought that the measure was concocted as the result of a plot and of envy toward themselves.

[54.1] While the time was dragging along with no result, messengers from the allies arrived in the city reporting that both the Aequians and the Volscians were about to march against them with a large army and begging that assistance might be sent them promptly, as they lay in the path of the war. [2] Those Tyrrhenians also who were called Veientes were said to be preparing for a revolt; and the Ardeates no longer gave allegiance to the Romans, being angry over the matter of the disputed territory which the Roman people, when chosen arbiters, had awarded to themselves the year before. [3] The senate, upon being informed of all this, voted to enrol an army and that both consuls should take the field. But those who were trying to introduce the law kept opposing the execution of their decisions (tribunes have authority to oppose the consuls) by liberating such of the citizens as the consuls were leading off to make them take the military oath and by not permitting the consuls to inflict any punishment on the disobedient. [4] And when the senate earnestly entreated them to put aside their contentiousness for the time being and only when the wars were at an end to propose the law concerning the consular elections, these men, far from yielding to the emergency, declared that they would oppose the decrees of the senate on any subject to be ratified unless the senate should approve by a preliminary decree the law they themselves were introducing. [5] And they were so far carried away that they thus threatened the consuls not only in the senate, nature in the assembly of the people, swearing the oath which to them is the most binding, namely by their good fortune, to the end that they might not be at liberty to revoke any of their decisions even if convinced of their error.

[55.1] In view of these threats the oldest and most prominent of the leaders of the aristocracy were assembled by the consuls in a private meeting apart by themselves and there considered what they ought to do. [2] Gaius Claudius, who by no means favoured the plebeians and had inherited this political creed from his ancestors, offered a rather arrogant motion not to yield to the people either the consulship or any other magistracy whatever, and, in the case of those who should attempt to do otherwise, to prevent them by force of arms, if they would not be convinced by arguments, giving no quarter to either private person or magistrate. For all who attempted to disturb the established customs and to corrupt their ancient form of government, he said, were aliens and enemies of the commonwealth. [3] On the other hand, Titus Quintius opposed restraining their adversaries by violence or proceeding against the plebeians with arms and civil bloodshed, particularly since they would be opposed by the tribunes, “whose persons our fathers had decreed to be sacred and sacrosanct, making the gods and lesser divinities sureties for the performance of their compact and swearing the most solemn oaths in which they invoked utter destruction upon both themselves and their posterity if they transgressed a single article of that covenant.”

[56.1] This advice being approved of by all the others who had been invited to the meeting, Claudius resumed his remarks and said: “I am not unaware of how great calamities to us all a foundation will be laid if we permit the people to give their votes concerning this law. But being at a loss what to do and unable alone to oppose so many, I yield to your wishes. [2] For it is right that every man should declare what he thinks will be of advantage to the commonwealth and then submit to the decision of the majority. However, this advice I have to give you, seeing that you are involved in a difficult and disagreeable business, — not to yield the consulship either now or hereafter to any but patricians, who alone are qualified for it by both religion and law. [3] But whenever you are reduced, as at present, to the necessity of sharing the highest power and magistracy with the other citizens, appoint military tribunes instead of consuls, fixing their number as you shall think proper — in my opinion six or eight suffice — and of these men let the patricians not be fewer than the plebeians. For in doing this you will neither debase the consular office by conferring it upon mean and unworthy men nor will you appears to be devising for yourselves unjust positions of power by sharing no magistracy whatever with the plebeians.” [4] When all approved this opinion and none spoke in opposition, he said: “Hear now the advice I have for you consuls also. After you have appointed a day for passing the preliminary decree and the resolutions of the senate, give the floor to all who desire to say anything either in favour of the law or in opposition to it, and after they have spoken and it is time to ask for the expression of opinions, begin neither with me nor with Quintius here nor with anyone else of the older men, but rather with Lucius Valerius, who of all the senators is the greatest friend of the populace, and after him ask Horatius to speak, if he wishes to say anything. And when you have found out their opinions, then bid us older men to speak. [5] For my part, I shall deliver an opinion contrary to that of the tribunes, using all possible frankness, since this tends to the advantage of the commonwealth. As for the measure concerning the military tribunes, if it is agreeable, let Titus Genucius here propose it; for this motion will be the most fitting and will create the least suspicion, Marcus Genucius, if introduced by your brother here.” [6] This suggestion was also approved, after which they departed from the meeting. But as for the tribunes, fear fell upon them because of the secret conference of these men; for they suspected that it was calculated to bring some great mischief upon the populace, since the men had met in a private house and not in public and had admitted none of the people’s champions to share in their counsels. Thereupon they in turn held a meeting of such persons as were most friendly to the populace and they set about contriving defences and safeguards against the insidious designs which they suspected the patricians would employ against them.

[57.1] When the time had come for the preliminary decree to be passed, the consuls assembled the senate and after many exhortations to harmony and good order they gave leave to the tribunes who had proposed the law to speak first. [2] Then Gaius Canuleius, one of these, came forward and, without trying to show that the law was either just or advantageous or even mentioning that topic, said that he wondered at the consuls, who, after already consulting and deciding by themselves what should be done, had attempted to bring it before the senate as if it were a matter that had not been examined and required consideration, and had then given all who so chose leave to speak about it, thereby introducing a dissimulation unbecoming both to their age and to the greatness of their magistracy. [3] He said that they were introducing the beginnings of evil policies by assembling secret councils in private houses and by summoning to them not even all the senators, but only such as were most attached to themselves. He was not so greatly surprised, he said, that the other members had been excluded from this senatorial house party, but was astounded that Marcus Horatius and Lucius Valerius, who had overthrown the oligarchy, were ex-consuls and were as competent as anyone for deliberating about the public interests, had not been thought worthy to be invited to the meeting. He could not imagine on what just ground this had been done, but he could guess one reason, namely that, as they intended to introduce wicked measures prejudicial to the plebeians, they were unwilling to invite to these councils the greatest friends of the populace, who would be sure to express their indignation at such proposals and would not permit any unjust measure to be adopted against the interests of the people.

[58.1] When Canuleius had spoken thus with great indignation and the senators who had not been summoned to the council resented their treatment, Genucius, one of the consuls, came forward and endeavoured to justify himself and his colleague and to appease the anger of the others by telling them that they had called in their friends, not in order to carry out any design against the populace, but in order to consult with their closest intimates by what course they might appear to do nothing prejudicial to either one of the parties, whether by referring the consideration of the law to the senate promptly or doing so later. [2] As for Valerius and Horatius, he said their only reason for not inviting them to the council had been to prevent the plebeians from entertaining any unwarranted suspicion of them as of men who had changed their political principles, in case they should embrace the other opinion, which called for putting off the consideration of the law to a more suitable occasion. But since all who had been invited to the meeting had felt that a speedy decision was preferable to a delayed one, the consuls were following the course thus favoured. [3] Having spoken thus and sworn by the gods that he was indeed speaking the truth, and appealing for confirmation to the senators who had been invited to the meeting, he said that he would clear himself of every imputation, not by his words, but by his actions. [4] For after all who desired to speak in opposition to the law or in favour of it had given their reasons, he would first call for questioning as to their opinions, not the oldest and the most honoured of the senators, to whom this privilege among others was accorded by established usage, nor those who were suspected by the plebeians of neither saying nor thinking anything that was to their advantage, but rather such of the younger senators as seemed to be most friendly to the populace.

[59.1] After making these promises he gave leave to any who so desired to speak; and when no one came forward either to censure the law or to defend it, he came forward again, and beginning with Valerius, asked him what was to the interest of the public and what preliminary vote he advised the senators to pass. [2] Valerius, rising up, made a long speech concerning both himself and his ancestors, who, he said, had always been champions of the plebeian party to the advantage of the commonwealth. He enumerated all the dangers from the beginning which had been brought upon it by those who pursued the contrary measures and showed that a hatred for the populace had been unprofitable to all those who had been actuated by it. He then said many things in praise of the people, alleging that they had been the principal cause not only of the liberty but also of the supremacy of the commonwealth. After enlarging upon this and similar themes, he ended by saying that no state could be free from which equality was banished; [3] and he declared that to him the law, indeed, seemed just which gave a share in the consulship to all Romans, — to all, that is, who had led irreproachable lives and had performed actions worthy of that honour, — but he thought the occasion was not suitable for the consideration of this law when the commonwealth was in the midst of war’s disturbances. [4] He advised the tribunes to permit the enrolling of the troops and not to hinder them when enrolled from taking the field; and he advised the consuls, when they had ended the war in the most successful manner, first of all things to lay before the people the preliminary decree concerning the law. These proposals, he urged, should be reduced to writing at once and agreed to by both parties. [5] This opinion of Valerius, which was supported by Horatius (For the consuls gave him leave to speak next), had the same effect upon all who were present. For those who desired to do away with the law, though pleased to hear that its consideration was postponed, nevertheless accepted with anger the necessity of passing a preliminary decree concerning it after the war; while the others, who preferred to have the law approved by the senate, though glad to hear it acknowledged as just, were at the same time angry that the preliminary decree was put off to another time.

[60.1] An uproar having broken out as the result of this opinion, as was to be expected, since neither side was pleased with all parts of it, the consul, coming forward, asked in the third place the opinion of Gaius Claudius, who had the reputation of being the most haughty and the most powerful of all the leaders of the other party, which opposed the plebeians. [2] This man delivered a prepared speech against the plebeians in which he called to mind all the things the populace had ever done contrary, as he thought, to the excellent institutions of their ancestors. The climax with which he ended his speech was the motion that the consuls should not permit to the senate any consideration of the law at all, either at that time or later, since it was being introduced for the purpose of overthrowing the aristocracy and was bound to upset the whole order of their government. [3] When even more of an uproar was caused by this motion, Titus Genucius, who was brother to one of the consuls, was called upon in the fourth place. He, rising up, spoke briefly about the emergencies confronting the city, how it was inevitable that one or the other of two most grievous evils should befall it, either through its civil strifes and rivalries to strengthen the cause of its enemies, or, from a desire to avert the attacks from the outside, to settle ignominiously the domestic and civil war; [4] and he declared that, there being two evils to one or the other of which they were bound to submit unwillingly, it seemed to him to be more expedient that the senate should permit the people to usurp a portion of the orderly constitution of the fathers rather than make the commonwealth a laughing-stock to other nations and to its enemies. [5] Having said this, he offered the motion which had been approved by those who had been present at the meeting held in a private house, the motion made by Claudius, as I related, to the effect that, instead of consuls, military tribunes should be appointed, three from the patricians and three from the plebeians, these to have consular authority; that after they had completed the term of their magistracy and it was time to appear the new magistrates, the senate and people should again assemble and decide whether they wished consuls or military tribunes to assume the office, and that whichever course met with the approval of all the voters should prevail; moreover, that the preliminary decree should be passed each year.

[61.1] This motion of Genucius was received with general applause, and almost all who rose up after him conceded that this was the best course. The preliminary decree was accordingly drawn up by order of the consuls; and the tribunes, receiving it with great joy, proceeded to the Forum. Then they called an assembly of the people, and after giving much praise to the senate, urged such of the plebeians as cared to do so to stand for this magistracy together with the patricians. [2] But such a fickle thing, it seems, is desire apart from reason and so quickly does it veer the other way, particularly in the case of the masses, that those who hitherto had regarded it as a matter of supreme importance to have a share in the magistracy and, if this were not granted to them by the patricians, were ready either to abandon the city, as they had done before, or to seize the privilege by force of arms, now, when they had obtained the concession, promptly relinquished their desire for it and transferred their enthusiasm in the opposite direction. [3] At any rate, though many plebeians stood for the military tribuneship and used the most earnest solicitations to obtain it, the people thought none of them worthy of this honour but, when they came to give their votes, chose the patrician candidates, men of distinction, namely Aulus Sempronius Atratinus, Lucius Atilius Luscus and Titus Cloelius Siculus.

[62.1] These men were the first to assume the proconsular power, in the third year of the eighty-fourth Olympiad, when Diphilus was archon at Athens. But after holding it for only seventy-three days they voluntarily resigned it, in accordance with the ancient custom, when some heaven-sent omens occurred to prevent their continuing to conduct the public business. [2] After these men had abdicated their power, the senate met and chose interreges, who, having appointed a day for the election of magistrates, left the decision to the people whether they desired to choose military tribunes or consuls; and the people having decided to abide by their original customs, they gave leave to such of the patricians as so desired to stand for the consulship. Two of the patricians were again elected consuls, Lucius Papirius Mugillanus and Lucius Sempronius Atratinus, brother to one of the men who had resigned the military tribuneship. [3] These two magistracies, both invested with the supreme power, governed the Romans in the course of the same year. However, both are not recorded in all the Roman annals, but in some the military tribunes only, in others the consuls, and in a few both of them. I agree with the last group, not without reason, but relying on the testimony of the sacred and secret books. [4] No event, either military or civil, worthy of the notice of history happened during their magistracy, except a treaty of friendship and alliance entered into with the Ardeates; for these, dropping their complaints about the disputed territory, had sent ambassadors, asking to be admitted among the friends and allies of the Romans. This treaty was ratified by the consuls.

[63.1] The following year, the people having voted that consuls should again be appointed, Marcus Geganius Macerinus (for the second time) and Titus Quintius Capitolinus (for the fifth time) entered upon the consulship on the ides of December. [2] These men pointed out to the senate that many things had been overlooked and neglected by reason of the continuous military expeditions of the consuls, and particularly the most essential matter of all, the custom relating to the census, by which the number of such as were of military age was ascertained, together with the amount of their fortunes, in proportion to which every man was to pay his contributions for war. There had been no census for seventeen years, since the consulship of Lucius Cornelius and Quintus Fabius, so that . . . the basest and most licentious of the Romans shall leave (be left?), but remove to some place in which they may live as they have elected to live.