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.