CHAPTER THE SEVENTH.

FROM THE CLOSE OF THE WAR WITH THE VOLSCIANS TO THE PASSING
OF THE BILL OF TERENTILLUS.

fter the war with the Volscians was at an end, the Romans are said to have entered into a treaty with their former foe, the object of which was a sort of partnership in plunder; it being agreed that the new allies should take the field together, and divide the produce. Ill-gotten gain is never a source of real profit; and the land stolen in war became a ground of contention among the Romans. The patricians had hitherto grasped the whole of the conquered soil, though they could not do so with clean hands; and Spurius Cassius proposed that the plebeians should have a share of it. The suggestion, though violently resisted, became the law of the land; but the land was not appropriated in conformity with the law until a much later period. Spurius Cassius did not long survive, when the year of his Consulship had expired; for the patricians caused him to be impeached, and his head was struck off upon a block, though, from the services he had performed, it deserved rather to have been struck off upon a medal.

The patricians tried to divert the attention of the plebeians from domestic affairs by leading them constantly into battle; but the latter, though compelled to march into the field, would take no steps to secure a victory. Like horses brought to the water but refusing to drink, the soldiers, though conducted to the field, evinced no thirst for blood; but firmly declining to aim a single blow, they presented a striking picture of passive disobedience. In vain did the officers suggest, that for those ambitious of a soldier's grave, there was at length an eligible opening; they would gain no laurels, but allowed themselves to be kept at bay; they laughed outright at their commanders, and, instead of straining every nerve for success, they kept their risible muscles only in full exercise.

There existed at this time a gens in Rome which had managed to obtain such a share of power for itself, that it was generally recognised as the governing family. The gens alluded to was that of the Fabii, whose union formed their chief strength; for no member of the family, though he might be unmindful of his antecedents, was ever known to forget his relatives. The Fabii derived their name from Faba, a bean, because their ancestors had cultivated that kind of pulse; but in later times the gens became remarkable for feeling the popular pulse, and making a cat's-paw of the patricians. By an arrangement with the order to which they belonged, the Fabii were ensured one of the consulships, on condition of their influencing their clients to elect a patrician to the other; and thus both the people and the senate were played off against each other for the special advantage of the "family." Fortunately for society, there is in all corruption a rottenness which is always bringing it towards its conclusion while it seems to be gaining its end; and the usual difficulty of getting unprincipled men to hang long together by a rope of sand, was illustrated in the case of the patricians and the Fabii. The quarrels among themselves helped to render them contemptible to the plebeians, and the troops had become so accustomed to treat their leaders with disrespect, that many an intended fight ended without a sword being taken from its sheath, and nothing was drawn but the battle.

One of the Consuls had, for several years, been chosen from the family of the Fabii; when its members growing tired, at last, of their patrician stock being a laughing-stock to the army, determined to make themselves popular. Marcus Fabius won the hearts of the soldiers, by dressing their wounds, and promising to redress their grievances. Kæso Fabius, his successor, recommended the distribution of the land among the plebeians, by whose sweat it had been gained; but he had not been always equally anxious to acknowledge the claims of popular perspiration; for he had been one of those who condemned Spurius Cassius for having made a similar proposition.

Tradition states that the Fabii afterwards emigrated in a body, upwards of three hundred strong, taking with them four thousand clients; but whether the clients went at their own solicitation, or whether the Fabii were the solicitors, we are not in a position to determine. It is said that the whole party of four thousand three hundred went into action together, and paid with their lives the costs of the sad affair; but the critical authorities doubt the whole story; and it is satisfactory to our best feelings to know that we, on this point, know nothing.[17]

The Etrurians soon after wasted the country near Rome, and wasted their own time into the bargain, for they were at last glad to treat, though not until they had retreated. A peace was concluded; and the parties held their peace for forty years,—or, at all events, if they ever had words, they did not come to blows during that lengthened period.

As some of the events recorded in this chapter arose out of the Roman law of debtor and creditor, it may be just as well to include in this account a few items of a commercial character. When a man ran into debt, he was almost sure to be brought to a stand-still, for compound interest continued to accrue so rapidly that there was no chance of compounding with those to whom he owed money. Thirty days after a debt being demanded, the defaulter was handed over to his creditor, and bound with a cord, by way of accord and satisfaction; but, at the end of sixty days, a crier, whose office was enough to make him shed tears, advertised the insolvent for sale as a slave in the market-place. It is not surprising that the plebeians should rise against their being put up to this degrading auction, more particularly when the masters to whom they were knocked down were in the habit of beating and cruelly ill-treating them. The patricians laid violent hands, not only upon the plebeians, but upon all the property of the State, assuming to the utmost all its rights, and repudiating all its duties. They took as a matter of right all the offices of state; and so complete was the seizure made by the patricians of every thing in the shape of a Government situation, that the name of the order which absorbed to itself all the good things is to be traced in the modern word "patronage." The whole of the profits of war went into the pockets of the upper class; and though the plebeians drew the sword, the patricians drew whatever money was to be obtained from the enemy.

The patricians, however, were not allowed to exercise their tyranny always without resistance; for, if their conduct was revolting to human nature, it was to be expected that human nature would revolt against them when opportunity offered. An instance occurred during the Consulship of Appius Claudius, who had been elected by the senate, and who, wishing to levy troops, caused the names of all the men between eighteen and forty-five to be called over in a list, which furnished the materials for enlistment. Amongst the names was that of Publilius Volero, who had formerly held a commission as a centurion, or captain; and, being now selected to serve as a common soldier, declared indignantly that rather than go as a private into the ranks, he would continue in a private station. Publilius, in fact, kicked violently against the orders of the Consul, and being a man of very powerful stamp, it was felt that when Publilius kicked in earnest, there was something on foot that it was not easy to contend against. Appius intimating that the Consuls must be obeyed, desired one of the lictors to do his duty; when Volero, being a strong and robust man, received the lictor with open arms, and lifting him from the ground, gave him a setting down that shook the nerves of the astonished officer. Having thrown the lictor on the ground, where the unhappy functionary took his own measure, instead of carrying out those of his superiors, Volero threw himself on the public, upon whom he made a very strong impression.

A Lictor is sent to arrest Publilius Volero. A Lictor is sent to arrest Publilius Volero.

Publilius from this moment had considerable weight with the plebeians, who made him one of their Tribunes; and he at once proposed a large measure of reform in the mode of electing those officers. He suggested an extension of the suffrage, by giving it to the tribes instead of the centuries; and public meetings were got up in support of the project. These meetings were attended by the patricians, and disturbances ensued, owing to the attempts of one party to put the other party down; for public discussion in all ages seems to have been conducted on the principle that it is to be all on one side, and that any opinion opposed to that of the majority is not to be listened to. When the strength of lungs happens to be with the party having the strength of argument, there is not much harm done; but as the patricians and plebeians mustered in nearly equal numbers at the meetings alluded to, personal altercations frequently took place; and the Tribunes as well as the Consuls sent their respective officers to arrest each other.

At length Lætorius, who had been elected as the colleague of Publilius Volero, marched into the Forum with an armed force, determined that he would that morning carry the day; and as he drew his sword, he declared he would go through with it. The patricians, losing their own resolution, offered to agree to any that he might propose; but, refusing to trust them, he took possession of the Capitol, as a guarantee for the fulfilment of their promise. The Lex Publilia was accordingly passed, to the great annoyance of Appius, who always treated the plebeians as if different sorts of clay, as well as different moulds, were employed by Nature in her great man—ufacture. When his year of office was over, he was impeached by the Tribunes; but on the day when the trial ought to have come on, the worldly trials of Appius were all past, for he died the night before the cause stood for hearing. Posterity has agreed on the verdict which the judges were not required to pronounce; and it has even been said that he fell by his own hand, in consequence of his sense of guilt preventing him from knowing how to acquit himself.

To add to its troubles, Rome was visited by a double plague, in the shape of an external foe and an internal pestilence. The enemy having approached the gates of the city, the country people had taken refuge inside the walls, bringing with them their cattle in such numbers that the place was literally littered with pigs, while the oxen and sheep were packed in pens to an extent of which our own pen can furnish but a faint outline. The summer was at the height of its heat, and the sufferings of the poor dumb animals, as they lost their fat, and met their fate, were enough to melt not only a heart of stone, but many a stone of suet. The foe, fearing from the pestilence a plaguy deal of trouble, broke up their camp; and Rome was allowed to enjoy an interval of peace, though disease did more havoc than might have been expected at the hands of an enemy.

We now come to the legend of Cincinnatus; and though it is no better than a legend, which, as the smallest student will be aware, is so called from legendum, a thing to be read, we must proceed upon the assumption that, as it is a thing to be read, it is à fortiori a thing to be written. Lucius Quinctius, surnamed Cincinnatus from his curly locks—for nature had dressed his hair to a turn—was of a high patrician family. He passed his life as a country gentleman occupying his own estate, and occupying himself in looking after it. His land, it must be admitted, was better cultivated than his manners, which were haughty and imperious. His virtues were all of the domestic kind; he was equally attached to his wife and his farm, and he was an excellent husband, as well as a good husbandman.

Cincinnatus chosen Dictator. Cincinnatus chosen Dictator.

It happened that Rome was in such a perilous state as to need a strong hand, when Cincinnatus, being famed for the use of the spade, was invited to leave his otium cum dig.—as everybody knows already, and somebody may have said before—that he might assume the office of dictator. When the messengers arrived from the senate, Cincinnatus was at work in the fields, perhaps sowing up some old tares, or examining the state of his pulse—a favourite crop in those days—or cutting out the sickliest of his corn with the sickle. The soil being loamy, and Cincinnatus being in the thick of his work, he was not very presentable; but hastily throwing his toga round him, he made the best appearance he could before the messengers of the senate. They at once hailed him as dictator, and carried him to Rome, where he called out every man capable of bearing arms; and every man thus called out, accepted the patriotic challenge. Every soldier was to carry with him food for five days, and twelve stakes cut into lengths to form a barricade; so that, as the stakes weighed several pounds, and the eatables were solid, the burden of each man, together with his accoutrements—which included a cask on the head from which the perspiration poured—must have been inconveniently ponderous. Notwithstanding their heavy load, the legend, which is less weighty than their equipments, goes on to state that the soldiers started at sunset, with Cincinnatus at their head, and reached the camp, a distance of two-and-twenty miles, at a quick march, or rather at a fast trot, by midnight. Though the story runs thus, we are compelled to doubt the running of the troops, who, with their legs encumbered by their arms and other equipments, must have found speed impossible. On arriving at Mount Algidus, where the enemy was encamped, Cincinnatus made his soldiers surround the place, and by aiming at all in the ring, they were sure to hit somebody. Finding themselves in the midst of a circle by no means social, the Æquians sued for mercy; but Cincinnatus threw Gracchus Clœlius and his lieutenants into chains, which was equivalent to making them enter into bonds for their future good behaviour. Clœlius continued in his command after having been thus formally tied down, and Cincinnatus returned to Rome in triumph. Having held the dictatorship only sixteen days, he laid it quietly down, and returning to his farming operations, after having submitted the enemy to the yoke, he fitted it once more to the necks of his oxen.

While engaged in fighting with an external enemy, a nation often forgets the foes she has within; and it is the cruel policy of despotism to waste the popular energy on quarrels with strangers, in order to divert the attention of the public from domestic grievances. The war being ended, the people began to look at home, and they soon perceived that, while the sword of aggression had been in constant use, the sword of justice had been rusting in the scabbard, or had been only drawn forth to inflict, occasionally, a wound on public liberty. A movement arose in favour of law reform, and C. Terentillus Arsa brought in a bill for getting the patricians and plebeians to a better understanding, by putting them on nearly the same footing. The measure led to considerable agitation; for, though the tribunes passed it, the senate could not get over it at all; and, the latter having thrown it out, the former brought in a bill, containing a great deal more than the original demand, in the year following. In political, as well as pecuniary affairs, a just claim carries interest, which accumulates as long as the claim remains unsatisfied; and every day, while it augments the debt due, increases the difficulty of meeting it.

The proposition of Terentillus was much discussed in large assemblies, the harmony of which was disturbed by some of the young patricians; for, even in the early days of which we write, the noble art of laughing down, or crowing over a discomfited orator, was understood by some of the juvenile scions of aristocracy. It happened that Cincinnatus had four sons, who were exceedingly fine young men, with very coarse manners. One of them, named Kæso, was continually getting into street rows, or disturbing public meetings; and frequently went so far as to interfere with Virginius, a tribune, in the execution of his duty. The officer was for a long time patient; but, at length, was goaded to take the matter, as well as the offender, up; and Kæso was charged with a series of assaults, of a more or less aggravated and aggravating character. While these accusations were hanging over him, an old case of manslaughter came to light; the victim having been an aged invalid, whom Kæso, in a disreputable night brawl, had cruelly maltreated. He was already under heavy sureties when this fresh charge was brought up, and, to avoid meeting it, this proud patrician ran away from his bail, leaving their recognizances to be forfeited.

Reports were soon afterwards spread, that the man who had left the city as a contemptible runaway, was about to return to it in the more formidable character of a robber and a murderer. One night when the people had gone to bed, many of them heard in their sleep the trampling of horses, which seemed to come like a tremendous nightmare over the city. Presently a shout arose, which beat upon the drum of every ear like a call to battle. The Consuls sprang out of bed, and throwing about them the first substitute for a toga that the bedclothes presented, they made at once for the walls of the city. The plebeians, when called upon, refused to serve; and the Consuls, feeling how weak they were in going to the wall alone, made the usual promises, which the people, as usual, were induced to discount, at a great personal sacrifice. Proceeding to the Capitol, they found it in the possession of a large band of exiles and runaway slaves, who would have been glad to run away a second time, had escape been possible. Many fell, and were felled to the earth, on both sides, while P. Valerius after putting several to the sword, had the sword put to him in a most uncomfortable manner.

The exiles took nothing by their expedition as far as the attack was concerned; but many of them owed something to the expedition with which they fled from the contest. After this battle, all traces of Kæso Quinctius are lost; but whether he fell in the fray, or whether the thread of his existence was frayed out in some other way, is a mystery we have no means of unravelling.

Appius Claudius was now called upon, as the surviving partner of P. Valerius, to redeem the pledge given by the latter; but Appius, with a chicanery worthy of Chancery in its best, or rather in its worst days, pleaded the death of his colleague as a bar to the suit, declaring that both consuls must be joined in it, though he knew all the while that a bill of revivor for the purpose of including the deceased consul was quite impossible. During these unhappy differences between the two orders, many of the leading plebeians were murdered at the instigation of the patricians, who, however, were rapidly cutting their own throats; for violence, while it thinned the body, added to the stoutness of heart of the popular party. The tribunes were increased in number from five to ten; and, somewhat later, a still higher point was gained for the plebeians by limiting to a couple of sheep and thirty beeves the fines to which they were liable. These exactions were, however, enforced with such rigour that the tenderest lamb was allowed no quarter if a fine had been incurred, and the smallest stake in the country—if the stake happened to be beef—was seized without remorse if the owner had become subject to a penalty.

It was many years before the Bill of Terentillus—which has been specially noted—was at length taken up, when the patricians graciously consented to a change in the laws, and offered the benefit of their services into the bargain, by taking upon themselves to determine the sort of change that was required. Hitting, by anticipation, on the modern expedient for delaying useful measures, the patricians appointed a select committee to inquire into law reform, and, by way of rendering the chances of legislation still more remote, they ordered the members to proceed to Athens, where, under the enervating influence of Attic associations, they were likely to go to sleep over the subject of their labours. The special commissioners became, no doubt, so thoroughly Greek in all their ideas, that, even the preparation of their report was deferred until the Greek Kalends.

FOOTNOTE:

[17] Among the other difficulties of this story is the comparatively trifling one, that the Fabian race did not become extinct; but tradition hops over this dilemma, by leaving one of the family behind to serve as a father to future Fabii.