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

The commons elected as tribunes of the people, though absent, Sextus Tempanius, Aulus Sellius, Sextus Antistius, and Spurius Icilius, whom the horsemen by the advice of Tempanius had appointed to command them as centurions. The senate, inasmuch as the name of consuls was now becoming displeasing through the hatred felt towards Sempronius, ordered that military tribunes with consular power should be elected. Those elected were Lucius Manlius Capitolinus, Quintus Antonius Merenda, Lucius Papirius Mugillanus. At the very commencement of the year, Lucius Hortensius, a tribune of the people, appointed a day of trial for Caius Sempronius, a consul of the preceding year, and when his four colleagues, in sight of the Roman people, entreated him that he would not involve in vexation their unoffending general, in whose case nothing but fortune could be blamed, Hortensius took offence, thinking it to be a trying of his perseverance, and that the accused depended not on the entreaties of the tribunes, which were merely used for show, but on their protection. Therefore now turning to him, he asked, "Where were those patrician airs, where the spirit supported and confiding in conscious innocence; that a man of consular dignity took shelter under the shade of the tribunes?" Another time to his colleagues, "What do you intend doing, if I go on with the prosecution; will you wrest their jurisdiction from the people and overturn the tribunitian authority?" When they said that, "both with respect to Sempronius and all others, the power of the Roman people was supreme; that they had neither the will nor the power to do away with the judgment of the people; but if their entreaties for their commander, who was to them in the light of a parent, were to prove of no avail, that they would change their apparel along with him:" then Hortensius says, "The commons of Rome shall not see their tribunes in the garb of culprits. To Caius Sempronius I have nothing more to say, since when in office he has attained this good fortune, to be so dear to his soldiers." Nor was the dutiful attachment of the four tribunes more grateful alike to the commons and patricians, than was the temper of Hortensius, which yielded so readily to their just entreaties. Fortune no longer indulged the Æquans, who had embraced the doubtful victory of the Volscians as their own.

In the year following, when Numerius Fabius Vibulanus and Titus Quintius Capitolinus, son of Capitolinus, were consuls, nothing worth mentioning was performed under the conduct of Fabius, to whom that province had fallen by lot. When the Æquans had merely showed their dastardly army, they were routed by a shameful flight, without any great honour to the consul; therefore a triumph is refused. However in consequence of having effaced the ignominy of Sempronius's defeat, he was allowed to enter the city with an ovation. As the war was terminated with less difficulty than they had apprehended, so in the city, from a state of tranquillity, an unexpected mass of dissensions arose between the commons and patricians, which commenced with doubling the number of quæstors. When the patricians approved most highly of this measure, (viz. that, besides the two city quæstors, two should attend the consuls to discharge some duties of the military service,) after it was moved by the consuls, the tribunes of the commons contended in opposition to the consuls, that half of the quæstors should be appointed from the commons; for up to that time all patricians were appointed. Against this proceeding both the consuls and patricians at first strove with all their might; then by making a concession that the will of the people should be equally free in the case of quæstors, as they enjoyed in the election of tribunes with consular power, when they produced but little effect, they gave up the entire matter about increasing the number of quæstors. When relinquished, the tribunes take it up, and other seditious schemes are continually started, among which is that of the agrarian law. On account of these disturbances the senate was desirous that consuls should be elected rather than tribunes, but no decree of the senate could be passed in consequence of the protests of the tribunes; the government from being consular came to an interregnum, and not even that without a great struggle (for the tribunes prevented the patricians from meeting). When the greater part of the following year was wasted in contentions by the new tribunes of the commons and some interreges, the tribunes at one time hindering the patricians from assembling to declare an interrex, at another time preventing the interrex from passing a decree regarding the election of consuls; at length Lucius Papirius Mugillanus, being nominated interrex, censuring now the patricians, now the tribunes of the people, asserted "that the state, deserted and forsaken by man, being taken up by the providence and care of the gods, subsisted by the Veientian truce and the dilatoriness of the Æquans. From which quarter if any alarm of danger be heard, did it please them that the state, left without a patrician magistrate, should be taken by surprise? that there should be no army, nor general to enlist one? Will they repel a foreign war by an intestine one? And if they both meet, the Roman state can scarcely be saved, even by the aid of the gods, from being overwhelmed. That they, by resigning each a portion of their strict right, should establish concord by a compromise; the patricians, by suffering military tribunes with consular authority to be elected; the tribunes of the commons, by ceasing to protest against the four quæstors being elected promiscuously from the commons and patricians by the free suffrage of the people."

The election of tribunes was first held. There were chosen tribunes with consular power, Lucius Quintius Cincinnatus a third time, Lucius Furius Medullinus a second time, Marcus Manlius, Aulus Sempronius Atratinus. On the last-named tribune presiding at the election of quæstors, and among several other plebeians a son of Antistius, a plebeian tribune, and a brother of Sextus Pompilius, also a tribune of the commons, becoming candidates, neither the power nor interest of the latter at all availed so as to prevent those, whose fathers and grandfathers they had seen consuls, from being preferred for their high birth. All the tribunes of the commons became enraged, above all Pompilius and Antistius were incensed at the rejection of their relatives. "What could this mean? that neither through their own kindnesses, nor in consequence of the injurious treatment of the patricians, nor even through the natural desire of making use of their new right, as that is now allowed which was not allowed before, was any individual of the commons elected if not a military tribune, not even a quæstor. That the prayers of a father in behalf of a son, those of one brother in behalf of another, had been of no avail, though proceeding from tribunes of the people, a sacrosanct power created for the support of liberty. There must have been some fraud in the matter, and Aulus Sempronius must have used more of artifice at the elections than was compatible with honour." They complained that by the unfairness of his conduct their friends had been kept out of office. Accordingly as no attack could be made on him, secured by his innocence and by the office he then held, they turned their resentment against Caius Sempronius, uncle to Atratinus; and, with the aid of their colleague Marcus Cornelius, they entered a prosecution against him on account of the disgrace sustained in the Volscian war. By the same tribunes mention was frequently made in the senate concerning the division of the lands, (which scheme Caius Sempronius had always most vigorously opposed,) they supposing, as was really the case, that the accused, should he give up the question, would become less valued among the patricians, or by persevering up to the period of trial he would give offence to the commons. He preferred to expose himself to the torrent of popular prejudice, and to injure his own cause, than to be wanting to the public cause; and he stood firm in the same sentiment, "that no largess should be made, which was sure to turn to the benefit of the three tribunes; that it was not land was sought for the people, but odium for him. That he too would undergo that storm with a determined mind; nor should either himself, nor any other citizen, be of so much consequence to the senate, that in showing tenderness to an individual, a public injury may be done." When the day of trial came, he, having pleaded his own cause with a spirit by no means subdued, is condemned in a fine of fifteen thousand asses , though the patricians tried every means to make the people relent. The same year Postumia, a Vestal virgin, is tried for a breach of chastity, though guiltless of the charge; having fallen under suspicion in consequence of her dress being too gay and her manners less reserved than becomes a virgin, not avoiding the imputation with sufficient care. The case was first deferred, she was afterwards acquitted; but the chief pontiff, by the instruction of the college, commanded her to refrain from indiscreet mirth, and to dress with more regard to sanctity than elegance. In the same year Cumæ, a city which the Greeks then occupied, was taken by the Campanians.