patricians, he is not even under an obligation to the people, and may say, that he was appointed by the law, and not elected by their suffrages ?

XLI. "The power of extorting, not of suing for honours, is what they aim at; and to attain the most exalted without incurring the obligations even of the lowest : they choose also to make their way to them by means of accidental successes, rather than by merit. Is there any man who can think it an affront to have his character inspected and estimated? Who can deem it reasonable, that he alone, amidst struggling competitors, should have a certainty of obtaining honours? Who would exempt himself from your judgment? Who would render your suffrages necessary (if suffrages I must say) instead of voluntary; servile instead of free? Not to mention Licinius and Sextius, the years of whose perpetuated power, as if they were kings, ye number in the Capitol; what man is there this day, in the state, so mean that he might not, by the opportunities created by this law, make his way to the consulship, with greater ease, than we or our children? Since, in some cases, it will not be in your power to elect us, though ye wish it, and ye will be under a necessity of electing them, though against your will. Of the injury offered to merit, I shall say no more, for merit regards only the human race. But what shall I say, with respect to religion, and the auspices; the affront and injury offered to which, reflect immediately on the immortal gods? That this city was founded under auspices; that all business, civil and military, foreign and domestic, is conducted under them, who can be ignorant? In whom therefore is the privilege of auspices vested according to the constitution of our forefathers? In the patricians undoubtedly. For no plebeian magistrate is even so elected. So peculiar to us are the auspices, that the patrician magistrates, whom the people may approve, can be in no other manner elected; while we ourselves, without the suffrages

of the people, create an interrex, under auspices; and, in private stations also hold such privilege, which they do not, even when in office. Does not he then, in effect, abolish the auspices, who by creating plebeian consuls, takes them out of the hands of the patricians, the only persons capable of holding them? They may now mock at religion, and say, where is the great matter, if the chickens do not feed? If they come out too slowly from the coop? If a bird chaunt an ominous note? These are trivial matters: but by not disregarding these trivial matters, our ancestors raised this state to the highest eminence. In the present times, as if we stood in no need of the favour of the gods, we violate all religious insti tutions. Let therefore pontiffs, augurs, kings of the sacrifices, be chosen at random. Let us place the tiara of Jupiter's flamen on any one that offers, provided he be a man. Let us commit the Ancilia, the shrines, the gods, and the charge of their worship, to persons to whom they cannot, without impiety, be intrusted. Let neither laws be enacted, nor magistrates elected under auspices. Let not the approbation of the senate be requisite, either to the assemblies of the centuries, or of the Curias. Let Sextius and Licinius, like Romulus and Tatius, reign in the city of Rome, in return for their generosity in plundering from other men's fortunes: in giving away other men's money and lands, does it not occur to you, that by one of these laws, great part of the possessions must be converted into desolate wilds, in consequence of the owners being expelled from them: by the other, that credit would be annihilated, by which all human society must be at an end. For every reason, then; I am of opinion, that ye ought to reject those propositions altogether. Whatever is your determination, may the gods grant it a happy issue."

XLII. The speech of Appius produced no other effect, than the putting off the decision on the propositions to ano

Y.R.388.

B.C.364.

ther time. Sextius and Licinius, being again re-elected tribunes, the tenth time, procured a law to be enacted, that, of the decemvirs for superintending religious matters, half should be chosen from among the commons. Accordingly, five patricians were elected, and five plebeians. Which step being gained, the way seemed open to the consulship. Satisfied with this victory, the commons conceded so far to the patricians, that, no mention being made of consuls for the present, military tribunes should be elected. The election fell on Aulus and Marcus Cornelius a second time, Marcus Geganius, Publius Manlius, Lucius Veturius, and Publius Valerius a sixth time. Except the siege of Velitræ, an affair of which the issue was rather tedious than doubtful, the Romans were undisturbed by any foreign concerns; when a sudden report of the Gauls approaching in arms, occasioned so great an alarm, that Marcus Furius Camillus was appointed dictator the fifth time, and he nominated Titus Quintius Pennus master of horse. Claudius asserts, that a battle was fought with the Gauls. this year, on the banks of the river Anio, and that, at this time, happened the famous combat on the bridge, in which Titus Manlius, engaging with a Gaul who had challenged him, slew him in the sight of the two armies, and spoiled him of a chain. But I am led, by the authority of many writers to believe, that these events happened at least ten years later; and that a pitched battle was now fought with the Gauls by the dictator Camillus, in the territory of Alba. The victory was neither doubtful, nor obtained with difficulty by the Romans; although, from people's recollection of former misfortunes, the coming of the Gauls had diffused very great terror. Many thousands of the barbarians were slain in the field, and great numbers in the storming of their camp. The rest dispersing, mostly towards Apulia, escaped, partly by continuing their flight to a great distance; and partly by being, through dismay and terror, scattered widely,

in different quarters. The dictator had a triumph decreed him, with the concurrence of the senate and commons. Scarcely, however, had he got rid of the business of this war, than he found employment, from a more violent commotion at home: and the issue of an obstinate struggle was, that the dictator and senate were overpowered, and the propositions of the tribunes admitted. In consequence, an elećtion of consuls was held, in spite of the opposition of the nobility, in which Lucius Sextius was made consul, the first of plebeian rank. Nor did the disputes end even here. The patricians refusing to give their approbation, the affair was likely to produce a secession of the commons, with dreadful consequences; when their dissensions were accommodated on terms, by the interposition of the dictator. The nobility made concessions to the commons, with respect to the plebeian consul, and the commons to the nobility with respect to one prætor to be elected out of the patricians, to administer justice in the city. Concord being, by these means, restored between the orders, after such a long continuance of mutual animosity, the senate were of opinion, that such an event deserved to be signalized by an exhibition of the most magnificent games, and by the addition of another day, to the usual three, of the Latine festival; expecting on this occasion, if on any whatever, to find a general willingness to show that testimony of gratitude to the immortal gods. But the plebeian ædiles refused to undertake the business: on which the younger patricians, with one accord, cried out, that out of their desire of paying due honour to the deities, they would with pleasure perform it, provided they were appointed ædiles. Their offer was accepted, with universal thanks, and the senate decreed, that the dictator should propose to the people, to appoint two of the patricians to the office of ædiles; and that the senate would give their approbation to all the elections made in that year.

VOL. II.-L

THE

HISTORY OF ROME.

BOOK VII.

The offices of prætor and curule ædile instituted. A pestilential disorder rages in the city; of which dies the celebrated Furius Camillus. Scenic representations first introduced. Curtius, armed, on horseback, leaps into a gulph in the Forum. Titus Manlius, having slain in single combat a Gaul, who challenged any of the Roman soldiers to fight, takes from him a golden chain which he wears, and is, from thence, called Torquatus. Two new tribes added, called the Pomptine and Publilian. Licinius Stolo is found guilty, upon a law carried by himself, of possessing more than five hundred acres of land. Marcus Valerius, surnamed Corvinus, from having, with the aid of a crow, killed a Gaul, who challenged him, is next year elected consul, though but twenty-three years old. A treaty of friendship made with the Carthaginians. The Campanians, overpowered by the Samnites, surrender themselves to the Roman people, who declare war against the Samnites. P. Decius Mus saves the Roman army, brought into extreme danger by the consul A. Cornelius. Conspiracy and revolt of the Roman soldiers in the garrison of Capua. They are brought to a sense of duty, and restored to their country, by Marcus Valerius Corvus, dictator. Successful operations against the Hernicians, Gauls, Tiburtians, Privernians, Tarquinians, Samnites, and Volscians.

I. THIS year will ever be remarkable for the consulship of a man of no ancestry; and remarkable, also, for

B C.363.

Y.R.389. the institution of two new public offices, the prætorship and the curule ædileship. These honours the patricians claimed to themselves, as a compensation for their concession of one consul's place to the plebeians. The