Delphi Complete Works of Dionysius of Halicarnassus (Illustrated) (Delphi Ancient Classics Book 79)

by Dionysius of Halicarnassus

  [48.1] These consuls were succeeded the following year by Spurius Tarpeius and Aulus Terminius, who constantly courted the populace in all matters and in particular secured the preliminary decree of the senate for the measure of the tribunes; for they saw that the patricians reaped no advantage from their opposition, but, on the contrary, that the most zealous champions of their cause drew upon themselves envy and hatred, as well as private losses and calamities. [2] But they were chiefly alarmed by the recent misfortune of the consuls of the preceding year, who had been severely treated by the populace and had been unable to get any help from the senate. For Siccius, who had destroyed the army of the Aequians, camp and all, and had now been made a tribune, as I stated, on the very first day of his magistracy, after offering the usual inaugural sacrifices and before transacting any other public business, had in a meeting of the assembly cited Titus Romilius to appear before the tribunal of the populace to make his defence against a charge of injuring the state; and he had set a day for his trial. [3] And Lucius, who was then aedile and had been tribune the year before, had summoned Gaius Veturius, the other consul of the preceding year, to a similar trial. During the interval before the trial much partisan zeal and encouragement were shown to both of the accused, and they accordingly placed great hopes in the senate and made light of the danger, as both the older number younger senators promised them that they would not allow the trial to be carried out. [4] But the tribunes, who had long been providing against all contingencies and paid no heed to either entreaties, threats or any danger, when the time for the trial came, called a meeting of the popular assembly. Even before this the crowd of day-labourers and husbandmen had flocked in from the country and, being added to the city throng, filled not only the Forum, but all the streets that led to it.

  [49.1] The first trial to be held was tombstone of Romilius. Siccius, coming forward, charged him with all the acts of violence he was reputed to have committed against the tribunes while he was consul, and then at the end related the plot which the general had formed against him and his cohort. He produced as witnesses to support his charges the most prominent men who had served with him in the campaign, not plebeians alone, but patricians as well. Among them there was a youth distinguished both for the rank of his family and for his own merit, and a most valiant soldier. His name was Spurius Verginius. [2] This youth related that, desiring to get Marcus Icilius, the son of one of the men in the cohort of Siccius, a youth of his own age and friend, released from that expedition, since he believed that he with his father would be going out to his death, he had summoned Aulus Verginius, his uncle, who was a legate on that campaign, and with him had gone to the consuls asking that this favour be granted to them. [3] And when the consuls refused, he said that he himself had wept and lamented in advance the misfortune of his friend, but that the young man for whom he had interceded, being informed of this, went to the consuls, and asking leave to speak, said that, while he was very grateful to those who were interceding for him, he would not be content to accept a favour that would deprive him of the opportunity of showing his filial devotion, and that he would not desert his father, particularly when the other was going to his death, as everyone knew, but that he would go out with him, defend him to the utmost of his power and share the same fortune with him. [4] After the young man had given this testimony, there was not a single person who did not feel some emotion at the fate of those men. And when the Icilii themselves, father and son, were called as witnesses and gave an account of their experience, most of the plebeians could no longer refrain from tears. [5] Then, when Romilius made his defence and delivered a speech that was neither deferential nor suited to the occasion, but haughty and boastful of the irresponsible power of his magistracy, the majority were doubly confirmed in their resentment against him. And upon being permitted to give their votes, they found him so clearly guilty that he was condemned by the votes of all the tribes. The pun in his case was a fine, amounting to 10,000 asses. [6] Siccius, now, did not do this, it seems to me, without some purpose, but to end that the patricians, on the one hand, might be less zealous in Romilius’ behalf and might commit no irregularities in connexion with the voting when they reflected that the condemned man would be punished with nothing more than a fine, and that the plebeians, on their side, were not going to deprive an ex-consul of either his life or his country. A few days after the condemnation of Romilius, Veturius likewise was condemned; his punishment was also set down in the indictment as a fine, one-half as much again as the other.

  [50.1] As they thought about these trials the consuls then in office were in no little fear, and they took good care to avoid suffering the same fate at the hands of the populace after the expiration of their consulship; hence they no longer concealed their purposes but openly directed all their measures in the interest of the populace. First, then, they got a law ratified by the centuriate assembly permitting all the magistrates to fine any persons who were guilty of disrespectful conduct or illegal attempts against their authority. For until then none but the consuls possessed this power. [2] They did not leave the amount of the fine, however, to the discretion of those who should impose it, but limited the sum themselves, making the maximum fine two oxen and thirty sheep. This law long continued in force among the Romans. [3] In the next place, they referred to the consideration of the senate the laws which the tribunes pressed to have drawn up, that should bind all the Romans alike and be observed forever. Many speeches were made on both sides by the best men, some tending to persuade the senate to grant the request and some to oppose it. But the opinion that prevailed was that of Titus Romilius, which supported the interest of the populace against that of the oligarchy, both patricians and plebeians. [4] For they supposed that a man who had recently been condemned by the populace would both think and say everything that was opposed to the plebeians. But he, when it was the proper time for him to speak, that is, when he was called upon to deliver his opinion in his turn — he was of the middle rank in point of both dignity and age — rose up and said:

  [51.1] “I should be wearisome to you, senators, if I related what I have suffered at the hands of the populace and showed that it is not because of any wrongdoing on my part but because of my attachment to you, when you yourselves know the facts so well. I am forced, however, to mention these matters in order that you may know that in what I am going to say I am not condescending to flattery of the populace, which is hostile to me, but stating from the best of motives what is to the advantage of the commonwealth. Let no one wonder, if I, who was of a different opinion both earlier upon many occasions and when I was consul, have now suddenly changed; and do not imagine either that my sentiments were then ill grounded or that I am now altering them without good reason. [2] For as long as I thought your party strong, senators, I exalted the aristocracy, as was my duty, and despised the plebeians; but having been chastised by my own misfortunes and having learned at great cost that your power is less than your will and that, yielding to necessity, you have already permitted many who undertook the struggle in your behalf to be snatched away to destruction by the populace, I no longer entertain the same sentiments. [3] I could have wished that, if possible, those misfortunes for which you all show your sympathy with us had not happened either to myself or to my colleague; but since our misadventure is over and you have it in your power to correct what lies in the future and to see to it that others do not suffer the same misfortunes, I urge you, both all in common and each one by himself, to make good use of the present situation. For that state is best governed which adapts itself to circumstances, and that man is the best counsellor who expresses his opinion without regard to personal enmity or favour but with a view to the public advantage; and those persons deliberate best concerning the future who take past events as examples of those that are to come. [4] As for you, senators, it has happened that whenever a dispute or contention has arisen with the populace you have always come off at a disadvantage, sometimes having evil spoken of you and sometimes b
eing punished by the death, the abuse and the banishment of illustrious men. And yet what greater misfortune could happen to a state than to have its best men lopped off, and that undeservedly? I advise you to spare these men and not to have to repent of first exposing to manifest danger and then deserting in the moment of peril either the present magistrates or anyone else who is of the slightest value to the commonwealth. [5] The substance of my advice is that you choose ambassadors and send some of them to the Greek cities in Italy and others to Athens, to ask the Greeks for their best laws and such as are most suited to our ways of life, and then to bring these laws here. And when they return, that the consuls then in office shall propose for the consideration of the senate what men to choose as lawgivers, what magistracy they shall hold and for how long a time, and to determine everything else in such a manner as they shall think expedient; and that you contend no longer with the plebeians nor add calamities to your calamities, particularly by quarrelling over laws which, if nothing else, have at least a respectable reputation for dignity.”

  [52.1] After Romilius had spoken to this effect, both consuls supported his opinion in long and carefully prepared speeches, and so did many other senators; and those who espoused this opinion were in the majority. [2] When the preliminary decree was about to be drawn up, the tribune Siccius, who had brought Romilius to trial, rising up, made a long speech in his behalf, praising him for changing his opinion and for not preferring his private grudges to the public good, but delivering with sincerity the advice that was advantageous. [3] “In consideration of which,” he said, “I offer him this honour and this favour: I remit the fine imposed on him at the trial and reconcile myself with him for the future. For he has overcome us by his probity.” The rest of tribunes came forward and made the same agreement. Romilius, however, would not consent to accept this favour, but having thanked the tribunes for their goodwill, he said he would pay the fine, because it was already consecrated to the gods and he should be doing something unjust and unholy if he deprived the gods of what the law gives them. And he acted accordingly. [4] The preliminary decree having been drawn up and afterwards confirmed by the populace, the ambassadors who were to get the laws from the Greeks were chosen, namely, Spurius Postumius, Servius Sulpicius and Aulus Manlius; and they were furnished with triremes at the public expense and with such other appointments as were sufficient to display the dignity of the Roman empire. And thus the year ended.

  [53.1] In the eighty-second Olympiad (the one at which Lycus of Larissa in Thessaly won the foot-race), Chaerephanes being archon at Athens, when three hundred years were completed since the founding of Rome, and Publius Horatius and Sextus Quintilius had succeeded to the consulship, Rome was afflicted with a pestilence more severe than any of those recorded from past time. Almost all the slaves were carried off by it and about one half of the citizens, as neither the physicians were able any longer to alleviate their sufferings nor did their servants and friends supply them with the necessaries. [2] For those who were willing to relieve the calamities of others, by touching the bodies of the diseased and continuing with them, contracted the same diseases, with the result that many entire households perished for want of people to attend the sick. Not the least of the evils the city suffered, and the reason why the pestilence did not quickly abate, was the way in which they cast out the dead bodies. [3] For though at first, both from a sense of shame and because of the plenty they had of everything necessary for burials, they burned the bodies and committed them to earth, at the last, either through a disregard of decency or from a lack of the necessary equipment, they threw many of the dead into the sewers under the streets and cast far more of them into the river; and from these they received the most harm. [4] For when the bodies were cast up by the waves upon the banks and beaches, a grievous and terrible stench, carried by the wind, smote those also who were still in health and produced a quick change in their bodies; and the water brought from the river was no longer fit to drink, partly because of its vile odour and partly by causing indigestion. [5] These calamities occurred not only in the city, but in the country as well; in particular, the husbandmen were infected with the contagion, since they were constantly with their sheep and the other animals. As long as most people had any hopes that Heaven would assist them, they all had recourse to sacrifices and expiations; and many innovations were then made by the Romans and unseemly practices not customary with them were introduced into the worship of the gods. [6] But when they found that the gods showed no regard or compassion for them, they abandoned even the observance of religious rites. During this calamity Sextus Quintilius, one of the consuls, died; also Spurius Furius, who had been appointed to succeeded him, and likewise four of the tribunes and many worthy senators. [7] While the city was afflicted by the pestilence, the Aequians undertook to lead out an army against the Romans; and they sent envoys to all the other nations that were hostile to the Romans, urging them to make war. But they did not have time to lead their forces out of their cities; for while they were still making their preparations, the same pestilence fell upon their cities. [8] It spread not only over the country of the Aequians, but also over those of the Volscians and the Sabines, and grievously afflicted the inhabitants. In consequence, the land was left uncultivated and famine was added to the plague. Under these consuls, then, by reason of the pestilence nothing was done by the Romans, either in war or at home, worthy of being recorded in history.

  [54.1] For the following year Lucius Menenius were chosen consuls; and the pestilence finally ceased. After that public sacrifices of thanksgiving were performed to the gods and magnificent games celebrated at great expense; and the people were engaged in rejoicings and festivals, as may be imagined. Indeed the whole winter season was thus spent. [2] In the beginning of spring a large quantity of corn was brought in from many places; most of it was purchased with the public money, but some was imported by private merchants. For not least of the people’ hardships was the dearth of provisions, the land having lain uncultivated by reason of the pestilence and the death of the husbandmen.

  [3] At the same time the ambassadors arrived from Athens and the Greek cities in Italy, bringing with them the laws. Thereupon the tribunes went to the consuls and asked them to appoint the lawgivers pursuant to the senate’s decree. The consuls did not know how to get rid of their solicitations and importunities, but as they disliked the business and were unwilling for the aristocracy to be overthrown during their consulship, they resorted to a specious excuse, saying that the time for the election of magistrates was at hand and, as it was their duty first to name the new consuls, [4] they would do so soon, and when these were appointed, they would in conjunction with them refer the matter of the lawgivers to the senate for its consideration. When the tribunes consented to this, they appointed the election much earlier than had been the custom with past elections, and nominated Appius Claudius and Titus Genucius for consuls; then, laying aside all thought for the public business, as if it were now the concern of others, they no longer paid any heed to the tribunes, but determined to pass the remaining time of their consulship in evasion of their duty. [5] It chanced that one of them, Menenius, was seized with a chronic illness; indeed, some said that a wasting disease, which had come upon him because of grief and despondency, had made his malady hard to be cured. Sestius, availing himself of this additional excuse and pretending that he could do nothing alone, kept rejecting the pleas of the tribunes and advising them to apply to the new consuls. [6] Thus the tribunes, since there was nothing else they could do, were forced to have recourse to Appius and his colleague, who had not yet entered upon their magistracy, and would now plead with them in the meetings of the assembly and now in private conferences. And at last they overcame these men by holding out to them great hopes of honour and power if they would espouse the cause of the populace. [7] For Appius was seized with a desire to be invested with an alien magistracy, to establish laws for the fatherland and to set an example to his fellow citizens of harmony and peac
e and the recognition by them all of the unity of the commonwealth. Nevertheless, when he had been honoured with this great magistracy, he did not preserve his probity but, corrupted by the greatness of his authority, succumbed to an irresistible passion for holding office and came very near to running into tyranny; all which I shall relate at the proper time.

  [55.1] At any rate, at the time in question he took this resolution with the best of motives and prevailed upon his colleague to do the same; and since the tribunes repeatedly invited him to appear before the assembly, he came forward and spoke many words of goodwill. The substance of his speech was as follows: That both he and his colleague held it to be a matter of the first importance that the lawgivers should be appointed and that the citizens should cease quarrelling over equal rights; and they were declaring their opinion openly. But for the appointing of the lawgivers they themselves had no authority, since they had not yet entered upon their magistracy; however, not only would they not oppose Menenius and his colleague in carrying out the decree of the senate, but they would actually assist them and be very grateful to them. [2] If the others, however, should decline to carry out the decree, using the new magistracy as an excuse, claiming that it was not lawful for them, now that new consuls had been confirmed, to create other magistrates who would receive consular power, they said that so far as they themselves were concerned there would be nothing to prevent the present consuls from acting. For they would willingly resign the consulship to such magistrates as should be appointed in their steady, provided the senate too should approve of it. [3] The populace praising them for their goodwill and rushing in a body to the senate-house, Sestius was forced to assemble the senate alone, Menenius being unable to attend by reason of his illness, and proposed to them the consideration of the laws. Many speeches were made on this occasion also both by those who contended that the commonwealth ought to be governed by laws and by those who advised adhering to the customs of their ancestors. [4] The motion that carried was made by the men who were to serve as consuls for the next year; it was delivered by Appius Claudius, who was first called upon, and was as follows: That ten persons be chosen, the most distinguished members of the senate, and that these govern for a year from the day of their appointment, possessing the same authority over all the affairs of the commonwealth as the consuls and, before them, the kings had enjoyed; that all the other magistracies be abrogated for as long a time as the decemvirs held office; [5] that these men select both from the Roman usages and from the Greek laws brought back by the ambassadors the best institutions and such as were suitable to the Roman commonwealth, and form them into a body of laws; that the laws drawn up by the decemvirs, if approved by the senate and confirmed by the people, should be valid for all time, and that all future magistrates should determine private contracts and administer the affairs of the public according to these laws.