Livy - THE HISTORY OF ROME (Complete Edition in 4 Volumes)

A disgraceful decision of the people regarding the boundaries of their allies disgraced the honourable victory obtained over their enemies. The states of Aricia and of Ardea, having frequently contended in arms concerning a disputed piece of land, and being wearied out by many mutual losses, appointed the Roman people as arbitrators. When they came to support their claims, an assembly of the people being granted them by the magistrates, a debate ensued conducted with great warmth. And the witnesses being now produced, when the tribes were to be called, and the people were to give their votes, Publius Scaptius, a plebeian advanced in years, rises up and says; "Consuls, if it is permitted me to speak on the public interest, I will not suffer the people to be led into a mistake in this matter." When the consuls said that he, as unworthy of attention, was not to be heard and, on his exclaiming "that the public interest was being betrayed," ordered him to be put aside, he appeals to the tribunes. The tribunes, as they are always directed by the multitude, rather than they direct them, indulged the people, who were anxious to hear him, in granting Scaptius leave to say what he pleased. He then commences: "That he was in his eighty-third year, and that he had served in that district which was now in dispute, not even then a young man as he was serving his twentieth campaign, when operations were going on at Corioli. He therefore adduced a fact forgotten by length of time, but one deeply fixed in his own memory: the district now in dispute had belonged to the territory of Corioli, and after the taking of Corioli, it became by right of war the public property of the Roman people. That he was surprised how the states of Ardea and Aricia should hope to intercept from the Roman people, whom from being the right owners they made arbitrators, a district the right to which they never claimed whilst the state of Corioli subsisted. That he for his part had but a short time to live; he could not however bring himself, old as he now was, to decline claiming by his voice, the only means he now had, a district which, as a soldier, he had contributed to acquire, as far as an individual could. That he strenuously advised the people not to damn their own interest by an improper feeling of delicacy."

The consuls, when they perceived that Scaptius was listened to not only in silence, but even with approbation, appealing to gods and men, that an enormous and disgraceful act was being committed, send for the principal senators: with these they went around to the tribunes; entreated, "that, as judges, they would not be guilty of a most heinous crime, with a still worse precedent, by converting the dispute to their own interest, more especially when, even though it may be lawful for a judge to protect his own emolument, so much would by no means be acquired by keeping the land, as would be lost by alienating the affections of their allies by injustice; for that the losses of character and of reputation were greater than could be estimated. Were the ambassadors to carry home this answer; was this to go out to the world; were their allies to hear this; were their enemies to hear it—with what sorrow the one—with what joy the other party? Could they suppose, that the neighbouring states would impute this proceeding to Scaptius, an old babbler at assemblies? that Scaptius would be rendered distinguished by this statue: that the Roman people would assume the character of a usurper and intercepter of the claims of others. For what judge in a private cause ever acted in this way, so as to adjudge to himself the property in dispute? That even Scaptius himself would not act so, though he has now outlived all sense of shame." Thus the consuls, thus the senators exclaimed; but covetousness, and Scaptius, the adviser of that covetousness, had more influence. The tribes, when convened, decided that the district was the public property of the Roman people. Nor is it denied that it might have been so, if they had gone to other judges; now the disgrace of the decision is certainly not at all diminished by the fairness of the title: nor did it appear more disgraceful or more hideous to the people of Aricia and of Ardea, than it did to the Roman senate. The remainder of the year continued free from either city or foreign commotions.

Table of Contents

A law was passed concerning the intermarriage of the patricians and plebeians, after strong resistance on the part of the patricians. Military tribunes with consular power. Censors created. Restoration of the lands unjustly taken from the people of Ardea. Spurius Melius, suspected of aiming at regal power, is slain by C. Servilius Ahala by order of Quintius Cincinnatus, dictator. Cornelius Cossus, having killed Tolumnius, king of the Veientes, offers the second spolia opima. Duration of the censorship, originally five years, limited to one year and a half. Fidenæ reduced, and a colony settled there. The colonists destroyed by the Fidenatians, who are subsequently conquered by Mamercus Æmilius, dictator. A conspiracy of the slaves put down. Postumius, a military tribune, slain by the army for his cruelties. Pay from the treasury first given to the soldiers. Operations against the Volscians, Fidenatians, and Faliscians.

Marcus Genucius and Caius Curtius followed these as consuls. The year was disturbed both at home and abroad. For at the commencement of the year Caius Canuleius, tribune of the people, proposed a law concerning the intermarriage of the patricians and commons; by which the patricians considered that their blood would be contaminated, and the privileges of birth would be confounded; and a hint at first lightly suggested by the tribunes, that it should be lawful that one of the consuls should be elected from the commons, afterwards proceeded so far, that the nine tribunes proposed a bill, "that the people should have the power of electing the consuls, whether they wished, from the commons or the patricians. But they thought that if that were done, the supreme authority would not only be shared with the lowest ranks, but be wholly transferred from the nobility to the commons. With joy therefore the patricians heard that the people of Ardea had revolted in consequence of the injustice of the taking away their land, and that the Veientians had laid waste the frontiers of the Roman territory, and that the Volscians and Æquans murmured on account of the fortifying of Verrago; so much did they prefer an unsuccessful war to an ignominious peace." These tidings therefore being received and with exaggerations, in order that during the din of so many wars the tribunitian proceedings might be suspended, they order the levies to be held, preparations to be made for war and arms with the utmost activity; with more energy, if possible, than had been used in the consulship of Titus Quintius. Then Caius Canuleius declared aloud in brief terms in the senate, that "the consuls wished in vain to divert the commons from attention to the new laws; that they never should hold a levee while he lived, before the commons had first ratified the laws proposed by him and his colleagues;" and he instantly summoned them to an assembly.

Both the consuls incited the senate against the tribune, and the tribune the people against the consuls at one and the same time. The consuls denied "that tribunitian frenzies could any longer be endured; that they were now come to a crisis; that more hostilities were being stirred up at home than abroad. That this happened not more through the fault of the commons than of the patricians; nor more through that of the tribunes than of the consuls. That the matter for which there was a reward in the state thrived always with the greatest proficiency; that thus it was that men became meritorious in peace, thus in war. That at Rome the highest reward was for sedition; that had ever been the source of honour both to individuals and to collective bodies. They should remember in what condition they had received the majesty of the senate from their forefathers, in what condition they were about to transmit it to their children; that, like the commons, they should have it in their power to boast that it was improved in degree and in splendour. That there was no end, nor would there be, so long as the promoters of sedition were rewarded with honour in proportion as sedition was successful. What and how important schemes Caius Canuleius had set on foot! that he was introducing confounding of family rank, a disturbance of the auspices both public and private, that nothing may remain pure, nothing uncontaminated; that, all distinction being abolished, no one might know either himself or those he belonged to. For what other tendency had those promiscuous intermarriages, except that intercourse between commons and patricians might be made common after the manner of wild beasts; so that of the offspring each may be ignorant of what blood he may be, of what form of religion he was; that he may belong half to the patricians, half to the commons, not being homogeneous even with himself? That it appeared not enough, that all things divine and human should be confounded; that those disturbers of the common people were now preparing to (seize) the consulship; and first that they sounded people's sentiments in mere conversation on the project of having one consul appointed from the commons; that now the proposition was brought forward, that the people may appoint the consuls, whether they pleased from the patricians or from the people; and that they would appoint no doubt every most turbulent person. The Canuleii, therefore, and the Icilii would be consuls. (They expressed a hope) that Jupiter, the best and greatest, would not suffer the imperial majesty of the sovereign power to descend to that; and that they would certainly die a thousand deaths rather than such a disgrace should be incurred. They were certain that their ancestors, could they have divined that the commons would become not more placable to them, but more intractable, by making successive demands still more unreasonable, after they had obtained the first, would have rather submitted to any struggle, than have suffered such laws to be saddled on them. Because it was then conceded to them with respect to tribunes, the concession was made a second time. There was no end to it; tribunes of the commons and patricians could not subsist in the same state; either the one order or the other office must be abolished; and that a stop should be put to presumption and temerity rather late than never. (Was it right) that they, by sowing discord, should with impunity stir up the neighbouring states against us? and then prevent the state from arming and defending itself against those evils which they may have brought on us? and after they have almost sent for the enemy, not suffer the armies to be levied against the enemies? But Canuleius may have the audacity to declare openly in the senate that, unless the patrician suffer the laws proposed by himself as victorious, to be enacted, he would prevent the levy from being held. What else was this, but threatening that he would betray his country; that he would suffer it to be attacked and captured? What courage would that expression afford, not to the Roman commons, but to the Volscians, Æquans, and the Veientians! would they not hope that, under the generalship of Canuleius, they should be able to scale the Capitol and citadel, if with the deprivation of privilege and majesty, the tribunes should rob the patricians of their courage also? That the consuls were prepared to act against the wicked schemes of their countrymen, before they would act against the arms of the enemy."