suls, very few of the places being left to suffrage. This order was proposed by Lucius Atilius and Caius Marcius, plebeian tribunes. Another was, that the people likewise should constitute two naval commissioners, for the equipping and refitting of the fleet. The person who introduced this order of the people, was Marcus Decius, plebeian tribune. Another transaction of this year I should pass over as trifling, did it not seem to bear some relation to religion. The flute-players, taking offence because they had been prohibited by the last censors from holding their repasts in the temple of Jupiter, which had been customary from very early times, went off in a body to Tibur; so that there was not one left in the city to play at the sacrifices. The religious tendency of this affair gave uneasiness to the senate; and they sent envoys to Tibur to endeavour that these men might be sent back to Rome. The Tiburtines readily promised compliance, and first, calling them into the senate-house, warmly recommended to them to return to Rome; and then, when they could not be prevailed on, practised on them an artifice not ill adapted to the dispositions of that description of people: on a festival day, they invited them separately to their several houses, apparently with the intention of heightening the pleasure of their feasts with music, and there plied them with wine, of which such people are always fond, until they laid them asleep. In this state of insensibility they threw them into waggons, and carried them away to Rome: nor did they know any thing of the matter, until, the waggons having been left in the forum, the light surprised them, still heavily sick from the debauch. The people then crowded about them, and, on their consenting at length to stay, privilege was granted them to ramble about the city in full dress, with music, and the licence which is now practised every year during three days. And that licence, which we see practised at present, and the right of being fed in the temple, was restored to those who played at the sacrifices. These incidents occurred while the public attention was deeply engaged by two most important wars.

31. The consuls adjusting the provinces between them, the Samnites fell by lot to Junius, the new war of Etruria to Æmilius. In Samnium the Samnites had blockaded and reduced by famine Cluvia, a Roman garrison, because they had been unable to take it by storm; and, after torturing with stripes,

in a shocking manner, the townsmen who surrendered, they had put them to death. Enraged at this cruelty, Junius determined to postpone every thing else to the attacking of Cluvia; and, on the first day that he assaulted the walls, took it by storm, and slew all who were grown to man's estate. The victorious troops were led from thence to Bovianum; this was the capital of the Pentrian Samnites, by far the most opulent of their cities, and the most powerful both in men and arms. The soldiers, stimulated by the hope of plunder, for their resentment was not so violent, soon made themselves masters of the town: where there was less severity exercised on the enemy; but a quantity of spoil was carried off, greater almost than had ever been collected out of all Samnium, and the whole was liberally bestowed on the assailants. And when neither armies, camps, or cities could now withstand the vast superiority of the Romans in arms; the attention of all the leading men in Samnium became intent on this, that an opportunity should be sought for some stratagem, if by any chance the army, proceeding with incautious eagerness for plunder, could be caught in a snare and overpowered. Peasants who deserted and some prisoners (some thrown in their way by accident, some purposely) reporting to the consul a statement in which they concurred, and one which was at the same time true, that a vast quantity of cattle had been driven together into a defile of difficult access, prevailed on them to lead thither the legions lightly accoutred for plunder. Here a very numerous army of the enemy had posted themselves, secretly, at all the passes; and, as soon as they saw that the Romans had got into the defile, they rose up suddenly, with great clamour and tumult, and attacked them unawares. At first an event so unexpected caused some confusion, while they were taking their arms, and throwing the baggage into the centre; but, as fast as each had freed himself from his burden and fitted himself with arms, they assembled about the standards, from every side; and all, from the long course of their service, knowing their particular ranks, the line was formed of its own accord without any directions. The consul, riding up to the place where the fight was most warm, leaped from his horse, and called "Jupiter, Mars, and the other gods to witness, that he had come into that place, not in pursuit of any glory to

himself, but of booty for his soldiers; nor could any other fault be charged on him, than too great a solicitude to enrich his soldiers at the expense of the enemy. From that disgrace nothing could extricate him but the valour of the troops: let them only join unanimously in a vigorous attack against a foe, already vanquished in the field, beaten out of their camps, and stripped of their towns, and now trying their last hope by the contrivance of an ambuscade, placing their reliance on the ground they occupied, not on their arms. But what ground was now unsurmountable to Roman valour ?" The citadel of Fregellæ, and that of Sora, were called to their remembrance, with many other places where difficulties from situation had been surmounted. Animated by these exhortations, the soldiers, regardless of all difficulties, advanced against the line of the enemy, posted above them; and here there was some fatigue whilst the army was climbing the steep. But as soon as the first battalions got footing in the plain, on the summit, and the troops perceived that they now stood on equal ground, the dismay was instantly turned on the plotters; who, dispersing and casting away their arms, attempted, by flight, to recover the same lurking-places in which they had lately concealed themselves. But the difficulties of the ground, which had been intended for the enemy, now entangled them in the snares of their own contrivance. Accordingly very few found means to escape; twenty thousand men were slain, and the victorious Romans hastened in several parties to secure the booty of cattle, spontaneously thrown in their way by the

enemy.

32. While such was the situation of affairs in Samnium, all the states of Etruria, except the Arretians, had taken arms, and vigorously commenced hostilities, by laying siege to Sutrium; which city, being in alliance with the Romans, served as a barrier against Etruria. Thither the other consul, Æmilius, came with an army to deliver the allies from the siege. On the arrival of the Romans, the Sutrians conveyed a plentiful supply of provisions into their camp, which was pitched before the city. The Etrurians spent the first day in deliberating whether they should expedite or protract the war. On the day following, when the speedier plán pleased the leaders in preference to the safer, as soon as the sun rose the signal for battle was displayed, and the troops marched out to

the field; which being reported to the consul, he instantly commanded notice to be given, that they should dine, and after taking refreshment, then appear under arms. The order was obeyed; and the consul, seeing them armed and in readiness, ordered the standards to be carried forth beyond the rampart, and drew up his men at a small distance from the enemy. Both parties stood a long time with fixed attention, each waiting for the shout and fight to begin on the opposite side; and the sun had passed the meridian before a weapon was thrown by either side. Then, rather than leave the place without something being done, the shout was given by the Etrurians, the trumpets sounded, and the battalions advanced. With no less alertness do the Romans commence the fight: both rushed to the fight with violent animosity; the enemy were superior in numbers, the Romans in valour. The battle

being doubtful, carries off great numbers on both sides, particularly the men of greatest courage; nor did victory declare itself, until the second line of the Romans came up fresh to the front, in the place of the first, who were much fatigued. The Etrurians, because their front line was not supported by any fresh reserves, fell all before and round the standards, and in no battle whatever would there have been seen less disposition to run, or a greater effusion of human blood, had not the night sheltered the Etrurians, who were resolutely determined on death; so that the victors, not the vanquished, were the first who desisted from fighting. After sunset the signal for retreat was given, and both parties retired in the night to their camps. During the remainder of the year, nothing memorable was effected at Sutrium; for, of the enemy's army, the whole first line had been cut off in one battle, the reserves only being left, who were scarce sufficient to guard the camp; and, among the Romans, so numerous were the wounds, that more wounded men died after the battle than had fallen in the field.

33. Quintus Fabius, consul for the ensuing year, succeeded to the command of the army at Sutrium; the colleague given to him was Caius Marcius Rutilus. On the one side, Fabius brought with him a reinforcement from Rome, and on the other, a new army had been sent for, and came from home, to the Etrurians. Many years had now passed without any disputes between the patrician magistrates and plebeian tribunes,

when a contest took its rise from that family, which seemed raised by fate as antagonists to the tribunes and commons of those times; Appius Claudius, being censor, when the eighteen months had expired, which was the time limited by the Emilian law for the duration of the censorship, although his colleague Caius Plautius had already resigned his office, could not be prevailed on, by any means, to give up his. There was a tribune of the commons, Publius Sempronius; he undertook to enforce a legal process for terminating the censorship within the lawful time, which was not more popular than just, nor more pleasing to the people generally than to every man of character in the city. After he frequently appealed to the Æmilian law, and bestowed commendations on Mamercus Æmilius, who, in his dictatorship, had been the author of it, for having contracted, within the space of a year and six months, the censorship, which formerly had lasted five years, and was a power which, in consequence of its long continuance, often became tyrannical, he proceeded thus: "Tell me, Appius Claudius, in what manner you would have acted, had you been censor, at the time when Caius Furius and Marcus Geganius were censors ?" Appius insisted, that "the tribune's question was irrelevant to his case. For, although the Emilian law might bind those censors, during whose magistracy it was passed, because the people made that law after they had become censors; and whatever order is the last passed by the people, that is held to be the law, and valid :— yet neither he, nor any of those who had been created censors subsequent to the passing of that law, could be bound by it."

34. While Appius urged such frivolous arguments as these, which carried no conviction whatever, the other said, "Behold, Romans, the offspring of that Appius, who being created decemvir for one year, created himself for a second; and who, during a third, without being created even by himself or by any other, held on the fasces and the government though a private individual; nor ceased to continue in office, until the government itself, ill acquired, ill administered, and ill retained, overwhelmed him in ruin. This is the same family, Romans, by whose violence and injustice ye were compelled to banish yourselves from your native city, and seize on the Sacred mount; the same, against which ye pro