The accused shifted the blame from himself to his soldiers; he said, "that in consequence of their having in the most turbulent manner demanded battle, they were led into the field, not on the day they desired, for it was then evening, but on the following; that they were drawn up at a suitable time and on favourable ground; but either the reputation or the strength of the enemy was such, that they were unable to stand their ground. When they all fled precipitately, he himself also was carried away with the crowd, as had happened to Varro at the battle of Cannae, and to many other generals. How could he, by his sole resistance, benefit the republic, unless his death would remedy the public disasters? that he was not defeated in consequence of a failure in his provisions; that he had not, from want of caution, been drawn into a disadvantageous position; that he had not been cut off by an ambuscade in consequence of not having explored his route, but had been vanquished by open force, and by arms, in a regular engagement. He had not in his power the minds of his own troops, or those of the enemy. Courage and cowardice were the result of each man's natural constitution." He was twice accused, and the penalty was laid at a fine. On the third accusation, at which witnesses were produced, he was not only overwhelmed with an infinity of disgraceful charges, but a great many asserted on oath, that the flight and panic commenced with the praetor, that the troops being deserted by him, and concluding that the fears of their general were not unfounded, turned their backs; when so strong a feeling of indignation was excited, that the assembly clamorously rejoined that he ought to be tried capitally. This gave rise to a new controversy; for when the tribune, who had twice prosecuted him as for a finable offence, now, on the third occasion, declared that he prosecuted him capitally; the tribunes of the commons being appealed to, said, "they would not prevent their colleague from proceeding, as he was permitted according to the custom of their ancestors, in the manner he himself preferred, whether according to the laws or to custom, until he had obtained judgment against a private individual, convicting him either of a capital or finable offence." Upon this, Sempronius said, that he charged Cneius Fulvius with the crime of treason; and requested Caius Calpurnius, the city praetor, to appoint a day for the comitia. Another ground of hope was then tried by the accused, viz. if his brother, Quintus Fulvius, could be present at his trial, who was at that time flourishing in the fame of his past achievements and in the near expectation of taking Capua. Fulvius wrote to the senate, requesting the favour in terms calculated to excite compassion, in order to save the life of his brother; but the fathers replied, that the interest of the state would not admit of his leaving Capua. Cneius Fulvius, therefore, before the day appointed for the comitia arrived, went into exile to Tarquinii, and the commons resolved that it was a legal exile.

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Meanwhile all the strength of the war was directed against Capua. It was, however, more strictly blockaded than besieged. The slaves and populace could neither endure the famine, nor send messengers to Hannibal through guards so closely stationed. A Numidian was at length found, who, on undertaking to make his way with it, was charged with a letter; and going out by night, through the midst of the Roman camp, in order to fulfil his promise, he inspired the Campanians with confidence to try the effect of a sally from every quarter, while they had any strength remaining. In the many encounters which followed, their cavalry were generally successful, but their infantry were beaten: however, it was by no means so joyful to conquer, as it was miserable to be worsted in any respect by a besieged and almost subdued enemy. A plan was at length adopted, by which their deficiency in strength might be compensated by stratagem. Young men were selected from all the legions, who, from the vigour and activity of their bodies, excelled in swiftness; these were supplied with bucklers shorter than those worn by horsemen, and seven javelins each, four feet in length, and pointed with steel in the same manner as the spears used by light-armed troops. The cavalry taking one of these each upon their horses, accustomed them to ride behind them, and to leap down nimbly when the signal was given. When, by daily practice, they appeared to be able to do this in an orderly manner, they advanced into the plain between the camp and the walls, against the cavalry of the Campanians, who stood there prepared for action. As soon as they came within a dart's cast, on a signal given, the light troops leaped down, when a line of infantry formed out of the body of horse suddenly rushed upon the cavalry of the enemy, and discharged their javelins one after another with great rapidity; which being thrown in great numbers upon men and horses indiscriminately, wounded a great many. The sudden and unsuspected nature of the attack, however, occasioned still greater terror; and the cavalry charging them, thus panic-struck, chased them with great slaughter as far as their gates. From that time the Roman cavalry had the superiority; and it was established that there should be velites in the legions. It is said that Quintus Navius was the person who advised the mixing of infantry with cavalry, and that he received honour from the general on that account.

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While affairs were in this state at Capua, Hannibal was perplexed between two objects, the gaining possession of the citadel of Tarentum, and the retaining of Capua. His concern for Capua, however, prevailed, on which he saw that the attention of every body, allies and enemies, was fixed; and whose fate would be regarded as a proof of the consequences resulting from defection from the Romans. Leaving therefore, a great part of his baggage among the Bruttians, and all his heavier armed troops, he took with him a body of infantry and cavalry, the best he could select for marching expeditiously, and bent his course into Campania. Rapidly as he marched he was followed by thirty-three elephants. He took up his position in a retired valley behind Mount Tifata, which overhung Capua. Having at his coming taken possession of fort Galatia, the garrison of which he dislodged by force, he then directed his efforts against those who were besieging Capua. Having sent forward messengers to Capua stating the time at which he would attack the Roman camp, in order that they also, having gotten themselves in readiness for a sally, might at the same time pour forth from all their gates, he occasioned the greatest possible terror; for on one side he himself attacked them suddenly, and on the other side all the Campanians sallied forth, both foot and horse, joined by the Carthaginian garrison under the command of Bostar and Hanno. The Romans, lest in so perilous an affair they should leave any part unprotected, by running together to any one place, thus divided their forces: Appius Claudius was opposed to the Campanians; Fulvius to Hannibal; Caius Nero, the propraetor, with the cavalry of the sixth legion, placed himself in the road leading to Suessula; and Caius Fulvius Flaccus, the lieutenant-general, with the allied cavalry, on the side opposite the river Vulturnus. The battle commenced not only with the usual clamour and tumult, but in addition to the din of men, horses, and arms, a multitude of Campanians, unable to bear arms, being distributed along the walls, raised such a shout together with the clangour of brazen vessels, similar to that which is usually made in the dead of night when the moon is eclipsed, that it diverted the attention even of the combatants. Appius easily repulsed the Campanians from the rampart. On the other side Hannibal and the Carthaginians, forming a larger force, pressed hard on Fulvius. There the sixth legion gave way; being repulsed, a cohort of Spaniards with three elephants made their way up to the rampart. They had broken through the centre of the Roman line, and were in a state of anxious and perilous suspense, whether to force their way into the camp, or be cut off from their own army. When Fulvius saw the disorder of the legion, and the danger the camp was in, he exhorted Quintus Navius, and the other principal centurions, to charge the cohort of the enemy which was fighting under the rampart; he said, "that the state of things was most critical; that either they must retire before them, in which case they would burst into the camp with less difficulty than they had experienced in breaking through a dense line of troops, or they must cut them to pieces under the rampart: nor would it require a great effort; for they were few, and cut off from their own troops, and if the line which appeared broken, now while the Romans were dispirited, should turn upon the enemy on both sides, they would become enclosed in the midst, and exposed to a twofold attack." Navius, on hearing these words of the general, snatched the standard of the second company of spearmen from the standard-bearer, and advanced with it against the enemy, threatening that he would throw it into the midst of them unless the soldiers promptly followed him and took part in the fight. He was of gigantic stature, and his arms set him off; the standard also, raised aloft, attracted the gaze both of his countrymen and the enemy. When, however, he had reached the standards of the Spaniards, javelins were poured upon him from all sides, and almost the whole line was turned against him; but neither the number of his enemies nor the force of the weapons could repel the onset of this hero.

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