The History of Rome, Books 09 to 26

by Livy

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Quintus Fulvius Flaccus, for the third time, and Appius Claudius entered upon the office of consuls. The praetors determined their provinces by lot. Publius Cornelius Sulla received both the city and the foreign jurisdiction, formerly allotted to two persons, Cneius Fulvius Flaccus, Apulia, Caius Claudius Nero, Suessula, and Marcus Junius Silanus, Tuscany. To the consuls the conduct of the war with Hannibal was decreed with two legions each, one taking the troops of Quintus Fabius, the consul of the former year, the other those of Fulvius Centumalus. Of the praetors, Fulvius Flaccus was to have the legions which were in Luceria under Aemilius the praetor, Nero Claudius those in Picenum under Caius Terentius, each raising recruits for himself to fill up the number of his troops. To Marcus Junius the city legions of the former year were assigned, to be employed against the Tuscans. Tiberius Sempronius Gracchus and Publius Sempronius Tuditanus were continued in command in their provinces of Lucania and Gaul with the armies they had, as was also Publius Lentulus in that part of Sicily which formed the ancient Roman province. Marcus Marcellus had Syracuse, and that which was the kingdom of Hiero. Titus Otacilius was continued in the command of the fleet, Marcus Valerius in that of Greece, Quintus Mucius Scaevola in that of Sardinia. The Cornelii, Publius and Cneius, were continued in the command of Spain. In addition to the armies already existing, two legions for the service of the city were levied by the consuls, and a total of twenty-three legions was made up this year. The levy of the consuls was impeded by the conduct of Marcus Posthumius Pyrgensis, almost accompanied with a serious disturbance. Posthumius was a farmer of the revenue, who, for knavery and rapacity, practised through a course of many years, had no equal except Titus Pomponius Veientanus, who had been taken prisoner the former year by the Carthaginians under the conduct of Hanno, while carelessly ravaging the lands in Lucania. As the state had taken upon itself the risk of any loss which might arise from storms to the commodities conveyed to the armies, not only had these two men fabricated false accounts of shipwrecks, but even those which had really occurred were occasioned by their own knavery, and not by accident. Their plan was to put a few goods of little value into old and shattered vessels, which they sank in the deep, taking up the sailors in boats prepared for the purpose, and then returning falsely the cargo as many times more valuable than it was. This fraudulent practice had been pointed out to Marcus Atilius, the praetor in a former year, who had communicated it to the senate; no decree, however, had been passed censuring it, because the fathers were unwilling that any offence should be given to the order of revenue farmers while affairs were in such a state. The people were severer avengers of the fraud; and at length two tribunes of the people, Spurius and Lucius Carvilius, being moved to take some active measure, as they saw that this conduct excited universal disgust, and had become notorious, proposed that a fine of two hundred thousand asses should be imposed on Marcus Posthumius. When the day arrived for arguing the question, the people assembled in such numbers, that the area of the Capitol could scarcely contain them; and the cause having been gone through, the only hope of safety which presented itself was, that Caius Servilius Casca, a tribune of the people, a connexion and relation of Posthumius, should interpose his protest before the tribes were called to give their votes. The witnesses having been produced, the tribunes caused the people to withdraw, and the urn was brought, in order that the tribes should draw lots which should give the vote first. Meanwhile, the farmers of the revenue urged Casca to stop the proceedings for that day. The people, however, loudly opposed it; and Casca happened to be sitting on the most prominent part of the rostrum, whose mind fear and shame were jointly agitating. Seeing that no dependence was to be placed in him for protection, the farmers of the revenue, forming themselves into a wedge, rushed into the void space occasioned by the removal of the people for the purpose of causing disturbance, wrangling at the same time with the people and the tribunes. The affair had now almost proceeded to violence, when Fulvius Flaccus, the consul, addressing the tribunes, said, "Do you not see that you are degraded to the common rank, and that an insurrection will be the result, unless you speedily dismiss the assembly of the commons."

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The commons being dismissed, the senate was assembled, when the consuls proposed the consideration of the interruption experienced by the assembly of the commons, in consequence of the violence and audacity of the farmers of the revenue. They said, that "Marcus Furius Camillus, whose banishment was followed by the downfall of the city, had suffered himself to be condemned by his exasperated countrymen. That before him, the decemviri, according to whose laws they lived up to the present day, and afterwards many men of the first rank in the state, had submitted to have sentence passed upon them by the people. But Posthumius Pyrgensis had wrested from the Roman people their right of suffrage, had dissolved the assembly of the commons, had set at nought the authority of the tribunes, had drawn up a body of men in battle-array against the Roman people; and seized upon a post, in order to cut off the tribunes from the commons, and prevent the tribes being called to give their votes. That the only thing which had restrained the people from bloodshed and violence, was the forbearance of the magistrates in giving way for the moment to the fury and audacity of a few individuals, and suffering themselves and the Roman people to be overcome; and that no opportunity might be afforded those who were seeking an occasion of violence, in dissolving, agreeably to the wish of the defendant himself, that assembly which he was about to interrupt by force of arms." Observations of this kind having been urged with a warmth proportioned to the atrocity of the conduct which called them forth, by all the most respectable persons, and the senate having passed a decree to the effect that the violence offered was prejudicial to the state, and a precedent of pernicious tendency, immediately the Carvilii, tribunes of the people, giving up the action for a fine, appointed a day on which Posthumius should be tried capitally, and ordered, that unless he gave bail, he should be apprehended by the beadle, and carried to prison. Posthumius gave bail, but did not appear. The tribunes then proposed to the commons, and the commons resolved, that if Marcus Posthumius did not appear before the calends of May, and if on being cited on that day he did not answer, and sufficient cause were not shown why he did not, he would be adjudged an exile, his goods would be sold, and himself interdicted from water and fire. They then proceeded to indict capitally, and demand bail of each of the persons who had been the promoters of the disorder and riot. At first they threw into prison those who did not give bail, and afterwards even such as could; upon which the greater part of them went into exile, to avoid the danger to which this proceeding exposed them.

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The knavery of the revenue farmers, and their subsequent audacious conduct to screen themselves from its effects, thus terminated. An assembly was then held for the creation of a chief pontiff. The new pontiff, Marcus Cornelius Cethegus, presided. The election was contested with the greatest obstinacy by three candidates, Quintus Fulvius Flaccus, the consul, who had been twice consul before and censor, Titus Manhus Torquatus, who had himself also been distinguished by two consulships and the censorship, and Publius Licinius Ciassus, who was about to stand for the office of curule aedile. In this contest, the last-mentioned candidate, though a young man, beat the others, who were his superiors in years, and had filled offices of honour. Before him there had not been a man for a hundred and twenty years, except Publius Cornelius Calussa, who had been created chief pontiff without having sat in the curule chair. Though the consuls found great difficulty in completing the levy, for in consequence of the scarcity of young men, it was not easy to procure enough for the two purposes of forming the new city legions, and recruiting the old ones, the senate forbade them to desist from the attempt, and ordered two triumvirates to be appointed, one of which within, the other without the fiftieth mile from the city, might ascertain the utmost number of free-born men which were to be found in the villages, and market towns, and hamlets, and enlist whom they thought strong enough to bear arms, though they had not attained the military age. That the tribunes of the people, if they thought proper, should propose to the people, that such as should take the military oath being under seventeen years, should be allowed to reckon their period of service in the same manner as if they had enlisted at seventeen or older. The two triumvirates, created agreeably to this decree of the senate, enlisted free-born men throughout the country. At the same time a letter from Marcellus from Sicily, respecting the petition of the troops who served with Publius Lentulus, was read in the senate. These troops were the relics of the disaster at Cannae, and had been sent out of the way into Sicily, as has been mentioned before, on an understanding that they should not be brought home before the conclusion of the Carthaginian war.

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