An audience of the senate was then granted to the Campanians. Their speech was more calculated to excite compassion, but their case less favourable, for neither could they deny that they deserved the punishment they had suffered, nor were there any tyrants to whom they could transfer their guilt. But they trusted that sufficient atonement had been made by the death of so many of their senators by poison and the hands of the executioner. They said, "that a few only of their nobles remained, being such as were not induced by the consciousness of their demerit to adopt any desperate measure respecting themselves, and had not been condemned to death through the resentment of their conquerors. That these implored the restoration of their liberty, and some portion of their goods for themselves and families, being citizens of Rome, and most of them connected with the Romans by affinity and now too near relationship, in consequence of intermarriages which had taken place for a long period." After this they were removed from the senate-house, when for a short time doubts were entertained whether it would be right or not to send for Quintus Fulvius from Capua, (for Claudius, the proconsul, died after the capture of that place,) that the question might be canvassed in the presence of the general who had been concerned, as was done in the affair between Marcellus and the Sicilians. But afterwards, when they saw in the senate Marcus Atilius, and Caius Fulvius, the brother of Flaccus, his lieutenant-generals, and Quintus Minucius, and Lucius Veturius Philo, who were also his lieutenant-generals, who had been present at every transaction; and being unwilling that Fulvius should be recalled from Capua, or the Campanians put off, Marcus Atilius Regulus, who possessed the greatest weight of any of those present who had been at Capua, being asked his opinion, thus spoke: "I believe I assisted at the council held by the consuls after the capture of Capua, when inquiry was made whether any of the Campanians had deserved well of our state; and it was found that two women had done so; Vestia Oppia, a native of Atella and an inhabitant of Capua, and Faucula Cluvia, formerly a common woman. The former had daily offered sacrifice for the safety and success of the Roman people, and the latter had clandestinely supplied the starving prisoners with food. The sentiments of all the rest of the Campanians towards us had been the same," he said, "as those of the Carthaginians; and those who had been decapitated by Fulvius, were the most conspicuous in rank, but not in guilt. I do not see," said he, "how the senate can decide respecting the Campanians who are Roman citizens, without an order of the people. And the course adopted by our ancestors, in the case of the Satricani when they had revolted, was, that Marcus Antistius, the plebeian tribune, should first propose and the commons make an order, that the senate should have the power of pronouncing judgment upon the Satricani. I therefore give it as my opinion, that application should be made to the plebeian tribunes, that one or more of them should propose to the people a bill, by which we may be empowered to determine in the case of the Campanians." Lucius Atilius, plebeian tribune, proposed to the people, on the recommendation of the senate, a bill to the following effect: "Concerning all the Campanians, Atellanians, Calatinians, and Sabatinians, who have surrendered themselves to the proconsul Fulvius, and have placed themselves under the authority and dominion of the Roman people; also concerning what things they have surrendered, together with their persons, both lands and city, divine or human, together with their utensils and whatsoever else they have surrendered; concerning these things, Roman citizens, I ask you what it is your pleasure should be done." The commons thus ordered: "Whatsoever the senate on oath, or the majority of those present, may determine, that we will and order."
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The senate having taken the matter into their consideration in conformity with this order of the people, first restored to Oppia and Cluvia their goods and liberty; directing, that if they wished to solicit any other rewards from the senate, they should come to Rome. Separate decrees were passed respecting each of the Campanian families, all of which it is not worth while to enumerate. The goods of some were to be confiscated; themselves, their children, and their wives were to be sold, excepting such of their daughters as had married before they came into the power of the Roman people. Others were ordered to be thrown into chains, and their cases to be considered at a future time. They made the amount of income the ground on which they decided, whether the goods of the rest of the Campanians should be confiscated or not. They voted, that all the cattle taken except the horses, all the slaves except adult males, and every thing which did not belong to the soil, should be restored to the owners. They ordered that all the Campanians, Atellanians, Calatinians, and Sabatinians, except such as were themselves, or whose parents were, among the enemy, should be free, with a proviso, that none of them should become a Roman citizen or a Latin confederate; and that none of those who had been at Capua while the gates were shut should remain in the city or territory of Capua after a certain day. That a place should be assigned to them to inhabit beyond the Tiber, but not contiguous to it. That those who had neither been in Capua nor in any Campanian city which had revolted from the Romans during the war, should inhabit a place on this side the river Liris towards Rome; and that those who had come over to the Romans before Hannibal arrived at Capua, should be removed to a place on this side the Vulturnus, with a proviso, that none of them should have either land or house within fifteen miles of the sea. That such of them as were removed to a place beyond the Tiber, should neither themselves nor their posterity acquire or possess any property any where, except in the Veientian, Sutrian, or Nepetian territories; and, except on condition, that no one should possess a greater extent of land than fifty acres. That the goods of all the senators, and such as had been magistrates at Capua, Calatia, and Atella, should be sold at Capua; but that the free persons who were decreed to be exposed to sale, should be sent to Rome and sold there. As to the images and brazen statues, which were said to have been taken from the enemy, whether sacred or profane, they referred them to the college of pontiffs. They sent the Campanians away, considerably more grieved than they were when they came, in consequence of these decrees; and now they no longer complained of the severity of Quintus Fulvius towards them, but of the malignity of the gods and their own accursed fortune.
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After the Sicilians and Campanians were dismissed, a levy was made; and after the troops had been enlisted for the army, they then began to consider about making up the number of rowers; but as there was neither a sufficient supply of men for that purpose, nor any money at that time in the treasury by which they might be purchased or paid, the consuls issued an edict, that private persons should furnish rowers in proportion to their income and rank, as had been done before, with pay and provisions for thirty days. So great was the murmuring and indignation of the people, on account of this edict, that a leader, rather than matter, was wanting for an insurrection. It was said, that "the consuls, after having ruined the Sicilians and Campanians, had undertaken to destroy and lacerate the Roman commons; that, drained as they had been for so many years by taxes, they had nothing left but wasted and naked lands. That the enemy had burned their houses, and the state had taken away their slaves, who were the cultivators of their lands, at one time by purchasing them at a low rate for soldiers, at another by commanding a supply of rowers. If any one had any silver or brass it was taken away from him, for the payment of rowers or for annual taxes. That no force could compel and no command oblige them to give what they had not got. That they might sell their goods and then vent their cruelty on their persons, which were all that remained to them. That they had nothing even left from which they could be redeemed." These complaints were uttered not in secret, but publicly in the forum, and before the eyes of the consuls themselves, by an immense crowd which surrounded them; nor could the consuls appease them now by coercing nor by soothing them. Upon this they said that three days should be allowed them to consider of the matter; which interval the consuls employed in examining and planning. The following day they assembled the senate to consider of raising a supply of rowers; and after arguing at great length that the people's refusal was fair, they brought their discourse to this point, that whether it were just or unjust, this burden must be borne by private individuals. For from what source could they procure rowers, when there was no money in the treasury? and how, without fleets, could Sicily be kept in subjection, or Philip be prevented from entering Italy, or the shores of Italy be protected?
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