The History of Rome, Books 37 to the End / with the Epitomes and Fragments of the Lost Books

by Livy

35 The ambassadors departed from the conference with Philip in such a manner that they made it manifest that none of these acts pleased them; and Philip, with a full resolution to have recourse again to arms. Because his strength was as yet insufficient for that purpose, he resolved, in order to procure delay, to send his younger son Demetrius to Rome, to clear him from the above-named charges; and at the same time to deprecate the wrath of the senate. Philip had strong expectations that the young man himself, because he had, while a hostage at Rome, exhibited proofs of a princely disposition, would have a good deal of influence now. Meanwhile, under the pretence of carrying succour to the Byzantians, but in reality with design to strike terror into the chieftains of the Thracians, he marched into their country, utterly defeated them in an engagement, in which he took their commander, Amadocus, prisoner, and then returned to Macedonia, having first despatched emissaries to induce the barbarians, living near the Danube, to make an irruption into Italy. The arrival of the Roman ambassadors, who had been ordered to go from Macedonia into Achaia, was expected in Peloponnesus; and in order that the Achæans might settle their plans of conduct towards them beforehand, their prætor, Lycortas, summoned a general council. Here the affair of the Lacedæmonians was taken into consideration. It was observed that “from enemies, they were turned accusers; and there was reason to fear lest they should prove more formidable, after having been conquered, than when at war: for in it the Achæans had the Romans as allies in their cause; now the same Romans were more favourable to the Lacedæmonians than to the Achæans. Even Areus and Alcibiades, both restored from exile through the kindness of the Achæans, had undertaken an embassy to Rome, in prejudice to a nation to which they were so much obliged; and had used language so severe, that they seemed to have been banished from their country, instead of being restored to it.” A general clamour arose, requiring him to put the question on each of them by name; and as every thing was directed by passion, not by reason, they were condemned to die. In a few days after this the Roman ambassadors arrived, and a council was summoned to meet them at Clitor, in Arcadia.

36 Before they transacted any business, alarm was excited in the Achæans, accompanied by the reflection, how unlikely the dispute was to receive impartial judgment, when they saw in company with the ambassadors Areus and Alcibiades, whom in their last council they had condemned to death; yet none of them dared to utter a word. Appius acquainted them that the senate was much displeased at those matters, of which the Lacedæmonians made complaint before them; “first, the massacre that took place at Compasium of those who, in obedience to the summons of Philopœmen, came to stand a trial; then after such barbarity had been exercised towards men, that their cruelty might be felt in every part, the having demolished the wall of that famous city, having abrogated its laws of the greatest antiquity, and abolished the discipline of Lycurgus, so famed throughout the world.” After Appius had spoken to this effect, Lycortas, both because he was prætor and because he was of the faction of Philopœmen, the adviser of all that was done at Lacedæemon, answered him thus: “Appius Claudius, our speech before you is attended with more difficulties than we had lately before the senate at Rome; for then we had to answer the accusations of the Lacedæmonians, but now we stand accused by yourselves, before whom our cause is to be heard. But to this disadvantage of situation we submit with this hope, that you will hear us with the temper of a judge, laying aside the character of an advocate, in which you just now appeared. I at least, though the matters of which the Lacedæmonians complained formerly in this place, before Quintus Cæcilius, and afterwards at Rome, have been just recapitulated by you, yet shall consider myself as answering for them, not to you, but before you. You charge us with the murder of those men, who being called out by the prætor, Philopœmen, to trial, were put to death. This I think a charge of such a nature, that it ought not to be advanced against us, either by you, Romans, or by any in your presence. Why so? Because it was written in the treaty with you, that the Lacedæmonians should not intermeddle with the cities on the coast. At the time when they, taking up arms, seized by assault in the night those towns with which they had been forbidden to interfere; if Titus Quintius, if a Roman army had been in Peloponnesus, as formerly, the captured and oppressed inhabitants would surely have fled to them for relief. As you were at a great distance, to whom else would they fly but to us, your allies, whom they had seen at a former time bringing aid to Gythium; whom they had seen in conjunction with you, besieging Lacedæmon on their account? In your stead, therefore, we undertook a just and rightful war. And when other men approve of this step, and even the Lacedæmonians cannot censure it; the gods themselves, also, by giving us the victory, have shown their approbation of it; how then can acts done under the laws of war come under civil disquisition? Of these acts, however, the greatest part nowise affect us. The summoning to trial men, who had excited the populace to arms, who had stormed and plundered the towns on the coast, who had murdered the principal inhabitants, was our act; but the putting them to death when they were coming into the camp was yours, Areus and Alcibiades, who now, since it is the will of the gods, arraign us, and not ours. The Lacedæmonian exiles (in the number of whom, these two men then were) were then in our camp, and believing that they were the objects of attack because they had chosen the maritime towns for their residence, made an assault on those by whose means they had been banished, and who they perceived with indignation would not suffer them even to grow old in exile with safety. Lacedænonians therefore, not Achæans, slew Lacedæmonians; nor is it of any consequence to dispute, whether they were slain justly or unjustly.

37 “But then, Achæans, the abolition of the laws and ancient discipline of Lycurgus, with the demolition of the walls, are unquestionably your acts: now how can both these charges be brought forward by the same persons, since the walls of Lacedæmon were built, not by Lycurgus, but a few years ago, for the purpose of subverting the discipline of Lycurgus? The tyrants erected them lately as a fortress and defence for themselves, not for the state; and if Lycurgus should rise this day from the dead, he would rejoice at their ruins, and would say that he now acknowledged his country, and ancient Sparta. You ought not to have waited for Philopœmen, or the Achæans; you should have removed and razed, with your own hands, every vestige of tyranny; for these were the foul scars of slavery. And as during almost eight hundred years, while ye were without walls, ye were free, and for some time even chiefs of Greece; so, after being bound with walls, as with fetters, you were slaves for one hundred years. As to what concerns the abrogating their laws, I conceive that the tyrants took away the ancient laws of Lacedæmon, and that we did not deprive them of their own laws which they did not possess, but gave them ours; nor did we neglect the interests of their state, when we made it a member of our council, and incorporated it with ourselves, so that the whole Peloponnesus should form one body and one council. If we were living under laws different from what we imposed on them, in that case I think they might complain of being treated unfairly, and consequently be displeased. I know, Appius Claudius, that the kind of discourse which I have hitherto used is not proper either for allies, addressing their allies, or for an independent nation; but, in truth, for slaves pleading before their masters. For if the herald’s proclamation, in which you ordered the Achæans, first of all the states of Greece, to be free, was any thing more than empty sound; if the treaty be valid, if the alliance and friendship be maintained on equal terms, why do not I inquire what you Romans did, on the taking of Capua, as well as you demand what we, the Achæans, did towards the Lacedæmonians, when we conquered them in war? Some persons were killed, suppose, by us. What! did not you behead the Campanian senators? We demolished their walls: you not only destroyed the walls, but you took the city and the lands. But you say, the treaty is on equal terms only in appearance, but, in reality, the Achæans possess a precarious state of freedom, while the Romans enjoy supreme power. I am sensible of it, Appius; and if I ought not, I do not remonstrate; but, I beseech you, let the difference between the Romans and Achæans be as great as it may, not to place people, who are foes to both, on an equal footing with us, your allies, or even on a better. For, as to setting them on an equality, that we ourselves have done, when we gave them our own laws, when we made them members of the Achæan council. Vanquished,—they are not content with what satisfies their conquerors; foes,—they demand more than allies enjoy. What we have ratified by our oaths, what we have consecrated as inviolable to eternal remembrance, by records engraved in stone, they want to abolish, and to load us with perjury. Romans, for you we have high respect; and, if such is your wish, dread also; but we more respect and dread the the immortal gods.” He was heard with general approbation, and all declared that he had spoken as became the dignity of his office; so that it was easily seen, that the Romans could not support their ascendency by acting gently. Appius then said, that “he earnestly recommended it to the Achæans to conciliate friendship, while it was in their power to act voluntarily; lest they might presently do so unwillingly and by compulsion.” These words were heard by all with grief, but inspired them with fear of refusing compliance. They only requested the Romans “to make such alterations respecting the Lacedæmonians as they should judge proper, and not involve the Achæans in the guilt of annulling what they had sanctioned with their oaths.” Nothing more was done, only the sentence lately passed on Areus and Alcibiades was reversed.

38 In the beginning of this year, when the business of assigning the provinces to the consuls and prætors was taken under consideration at Rome, Liguria was decreed to the consuls, because there was no war any where else. As to the prætors, Caius Decimius Flavus obtained, by lot, the city jurisdiction; Publius Cornelius Cethegus, that between citizens and foreigners; Caius Sempronius Blæsus, Sicily; Quintus Nævius Matho, Sardinia; he had also the charge of making inquisition concerning poisons; Aulus Terentius Varro, Hither Spain; and Publius Sempronius Longus, Farther Spain. From the two latter provinces deputies arrived about this time,—Lucius Juvencius Thalna and Titus Quintilius Varus; who, having informed the senate how formidable the war was that was finished by them in Spain, requested that, in consideration of such happy success, a thanksgiving should be performed to the immortal gods, and permission granted to the prætors to bring home the armies. The senate decreed a thanksgiving for two days, and ordered that the question respecting the armies should lie over, and be proposed when they would be deliberating concerning the armies for the consuls and prætors. A few days after this, they voted to the consuls, for Liguria, two legions each, which Appius Claudius and Marcus Sempronius had commanded. With regard to the armies in Spain, there was a warm contention between the new prætors and the friends of the absent ones, Calpurnius and Quintius. On each side were plebeian tribunes, and, on each, a consul. The former threatened, if the senate voted for bringing home the armies, to protest against their decree; the latter, that, if such a protest were made, they would not suffer any other business to proceed. At last, the interest of the absent prætors was overpowered, and a decree of the senate passed, that “the prætors should enlist four thousand Roman foot, and four hundred horse; with five thousand foot, and five hundred horse, of the Latin confederates; whom they should carry with them into Spain. That, when they should have divided these between the legions, they should discharge whatever number should then be in each legion, above five thousand foot and three hundred horse, dismissing those first who had served out their number of campaigns, afterwards the others according to their bravery displayed under Calpurnius and Quintius.”

39 After this dispute was ended, another immediately arose, in consequence of the death of a prætor, Caius Decimius. There stood candidates for his place, Cneius Sicinius and Lucius Pupius, who had been ædiles the year before; Caius Valerius, the flamen of Jupiter, and Quintus Fulvius Flaccus, who, though he did not appear in the white gown, because he was curule ædile elect, yet pressed his suit with more warmth than any of them. The contest lay between him and the priest of Jupiter. Fulvius at the beginning seemed to have an equal chance with the flamen, and afterwards surpassed him; on which, some of the plebeian tribunes insisted that no account should be taken of him, because one person could neither hold nor administer two offices, especially curule ones, at the same time; while others of them thought it proper that he ought to be exempted from the laws, in order that the people might have the power of electing prætor the person whom they wished. The consul, Lucius Porcius, was, from the beginning, inclined to refuse admitting him a candidate; and afterwards, wishing to have the countenance of the senate in so doing, he called the members together, and told them that “he desired their judgment in the case where a curule ædile elect, without any colour of law, and setting a precedent insufferable in a free state, stood candidate for the prætorship; for his part, unless they determined otherwise, he intended to hold the election according to law.” The senate voted, that the consul, Lucius Porcius, should recommend to Quintus Fulvius, not to obstruct the elections for substituting a prætor in the room of Caius Decimius from proceeding according to law. When the consul, in pursuance of this decree, applied to him on the subject, he answered, that “he would do nothing unworthy of himself,” by which indeterminate answer he left room for people to interpret his intention agreeably to their wish, and that he meant to submit to the direction of the senate. But, in the assembly, he urged his pretensions with more eagerness than ever: alleging as a charge, that the kindness of the Roman people was being wrested from him, and an odium excited against him on account of his suing for a second post of honour; as if it were not manifest that, when elected præter, he must instantly abdicate the ædileship. The consul, seeing the candidate’s obstinacy increase, and the public favour incline to him more and more, dissolved the assembly, and summoned a meeting of the senate; where, in a full house, they passed a vote, that “inasmuch as the directions of the senate had produced no effect on Flaccus, the affair concerning him should be laid before the people.” A general assembly being summoned, when the consul made a full representation of the matter, Fulvius, not even then swerving from his determination, returned thanks to the Roman people “for the great zeal which they had shown in their desire to make him prætor, as often as opportunity had been given them of declaring their sentiments;” and assured them that “it was his resolution not to disappoint such instances of the attachment of his countrymen.” This determined declaration increased the ardour of people for his cause to such a degree, that he would undoubtedly have been chosen prætor, if the consul had admitted him to stand. The tribunes maintained a violent altercation, both with their colleagues and with the consul, until, at length, the senate passed a decree, that “whereas the obstinacy of Quintus Flaccus, and the ill-judged party zeal of many among the people, had prevented the assembly for filling the place of a prætor, from being held according to law. The senate therefore gave their judgment, that the present number of prætors was sufficient, that Publius Cornelius should hold both jurisdictions in the city, and celebrate the games of Apollo.”

40 No sooner was this election stopped by the prudence and firmness of the senate, than another ensued, in which the contest was still greater; since it was concerning a more important subject, and between competitors more numerous and more powerful. The censorship was the object of contention of the following candidates, Lucius Valerius Flaccus, Publius Scipio, Lucius Scipio, Cneius Manlius Vulso, and Lucius Furius Purpureo, patricians; Marcus Porcius Cato, Marcus Fulvius Nobilior, Tiberius Sempronius Longus, Marcus Sempronius Tuditanus, plebeians. But Marcus Porcius far surpassed all of them, both plebeians and patricians of the highest ranks. So great powers of mind and energy of intellect were in this man, that no matter how lowly the position in which he was born, he appeared capable of attaining to the highest rank. No one qualification for the management of business, either public or private, was wanting to him. He was equally skilled in affairs relating to town and country. Some have been advanced to the highest honours by their knowledge of the law, others by their eloquence, some by military renown; but this man’s genius was so versatile, and so well adapted to all things, that in whatever way engaged, it might be said, that nature formed him for that alone. In war, he was most courageous, distinguishing himself highly in many remarkable battles; and, when he arrived at the highest posts, was likewise a most consummate commander. Then, in peace, if consulted on a point of law, he was the wisest counsellor; if a cause was to be pleaded, the most eloquent advocate. Nor was he one of those whose oratory was striking only during their own lives, without leaving after them any monument of it. On the contrary, his eloquence still lives, and will long live, consecrated to memory by writings of every kind. His orations are many, spoken for himself, for others, and against others; for he harassed his enemies, not only by supporting prosecutions against them, but by maintaining causes in opposition to them. Enmities in abundance gave him plenty of employment, and he never permitted them to lie dormant; nor was it easy to tell whether the nobility laboured harder to keep him down, or he to oppress the nobility. His temper, no doubt, was austere, his language bitter and unboundedly free, but his mind was never conquered by his passions, his integrity was inflexible, and he looked with contempt on popularity and riches. In spare diet, in enduring toil and danger, his body and mind were like iron; so that even old age, which brings all things to dissolution, did not break his vigour. In his eighty-sixth year he stood a trial, pleaded his own cause, and published his speech; and in his ninetieth year, he brought Servius Galba to trial, before the people.

41 On this occasion, when he was a candidate for censorship, as in all his previous career, the nobility endeavoured to crush him. All the candidates, likewise, except Lucius Flaccus, who had been his colleague in the consulship, combined to disappoint him of the office, not merely with a view to their own success, in preference to him, or because they felt indignant at the idea of seeing a man of no family censor, but because from one who had received offence from most of them, and who wished to retaliate, they anticipated a severe censorship, that would endanger the reputations of many. For, even while soliciting, he uttered frequent menaces, and upbraided them with using their interest against him, because they dreaded an impartial and courageous execution of the duty of censor; at the same time, giving his interest to Lucius Valerius. He said, that “he was the only colleague, in conjunction with whom he could correct modern profligacy, and re-establish the ancient morals.” People were so inflamed by such discourses, that, in spite of the opposition made by the nobility, they not only made Marcus Porcius censor, but gave him for his colleague Lucius Valerius Flaccus. Immediately after the election of censors, the consuls and prætors went abroad to their provinces, except Quintus Nævius, who was detained from going to Sardinia, for no less than four months, by inquisitions concerning poisonings, a great part of which he held out of the city, in the corporate towns and villages; for that method was judged the more eligible. If we are to credit Valerius Antias, he condemned about two thousand men, Lucius Postumius, the prætor, to whose lot the province of Tarentum had fallen, punished numerous conspiracies of the peasants, and, with great care, finished the remainder of the inquiries concerning the Bacchanalians. Many of these, who had not appeared on being summoned, or had deserted their bail, were then lurking in that part of Italy; some of them he sentenced to punishment, and others he sent under a guard to the senate at Rome, where they were all committed to prison by Publius Cornelius.

42 In Farther Spain, the Lusitanians being weakened by the late war, matters remained quiet. In Hither Spain, Aulus Terentius took the town of Corbia, in Suessetania, by engines and regular works, and sold the prisoners, after which the troops had rest in their winter quarters in that province also. The former prætors, Caius Calpurnius Piso and Lucius Quintius, came home to Rome; a triumph was voted to both by the senate with great unanimity. Caius Calpurnius triumphed first, over the Lusitanians and Celtiberians. He carried in procession eighty-three golden crowns, and twelve thousand pounds’ weight of silver. In a few days after, Lucius Quintius Crispinus triumphed over the same Lusitanians and Celtiberians, bearing in his triumph the same quantity of gold and silver. The censors, Marcus Porcius and Lucius Valerius, while anxious curiosity was blended with fear, made their survey of the senate; they expelled seven from the senate, one of them a man of consular rank, highly distinguished by nobility of birth and honourable employments,—Lucius Quintius Flaminius. It is mentioned, as a practice instituted in the memory of our forefathers, that the censors should annex marks of censure to the names of such as they degraded from the senate. There are severe speeches of Cato, against those whom he either expelled the senate, or degraded from the equestrian rank, but by far the most so is that against Lucius Quintius. Had he spoken, in the character of prosecutor, previous to the censure, and not in that of censor after it, not even his brother Titus, if he were his colleague, could have suffered Quintius to remain in the senate. Among other charges, he objected to him, that he had, by hopes of extraordinary presents, prevailed on Philip, a Carthaginian and a catamite, to accompany him into his province of Gaul; that this youth, in order to enhance the merit of his complaisance to the consul, used frequently, in wanton squabbling, to upbraid him for having quitted Rome just before the show of gladiators. It happened, that while they were at a feast and heated with wine, a message was brought into the place of entertainment, that a Boian, of high rank, had come as a deserter with his children, and wished to see the consul, that he might, in person, receive his assurance of protection. He was accordingly introduced into the tent, and began to address him through an interpreter: but while he was speaking, Quintius said to his catamite, “Since you left the show of gladiators, have you a mind to see this Gaul dying?” When he had assented, but scarcely in earnest, the consul, drawing a sword that hung over his head, first struck the Gaul as he was speaking, and then, when he was running out, and imploring the protection of the Roman people, and of those present, ran him through the side.

43 Valerius Antias, as he was one who never read Cato’s speech, and only gave credit to a tale published without authority, tells the story in another manner, but similar to this in lust and cruelty. He writes, that, at Placentia, the consul invited to an entertainment a woman of ill fame, with whom he was desperately enamoured. There, displaying his importance to this courtesan, he told her, among other matters, with what severity he had conducted the inquisitions, and how many he had then in prison under sentence of death, whom he intended to behead. Then she, being next him on the couch, said, that having never seen an executioner perform his office, she was very desirous of seeing such a thing; on which, the indulgent lover ordered one of those wretches to be dragged to the spot, and there cut off his head. The deed of death, whether committed as the censor or as Valerius reports it, was barbarous and inhuman; that in the midst of feasting and cups, when it is customary to offer libations to the gods, and to pray for happiness, a human victim should be butchered, and the table stained with his blood, and this for the entertainment of an acknowledged wanton. In the latter part of Cato’s speech, he proposes to Quintius, that if he denied this fact, and the others of which he accused him, he should give security to abide a legal trial; but if he confessed them, could he suppose, he asked him, that any one would be sorry for his disgrace; the disgrace of him who, in the midst of a feast, being intoxicated with wine and lust, had sported with the blood of a human being.

44 In the review of the knights, Lucius Scipio Asiaticus was degraded. In fixing the rates of taxation, also, the censor’s conduct was harsh and severe to all ranks of men. People were ordered to give account upon oath, of women’s dress, and ornaments, and carriages exceeding in value fifteen thousand asses;[53] and it was further ordered, that slaves, younger than twenty years, which, since the last survey, had been sold for ten thousand asses[54] or more, should be estimated at ten times their value; and that, on all these articles, a tax should be laid of three denariuses[55] for each thousand asses.[56] The censors took away water which belonged to the public running or carried into any private building or field; and they demolished within thirty days all buildings or sheds, in possession of private persons, that projected into public ground. They then engaged contractors for executing national works, with the money decreed for that purpose,—for paving cisterns with stone, for cleansing the sewers where it was requisite, and forming new ones on the Aventine, and in other quarters where hitherto there had been none. Then, dividing their tasks, Flaccus built a mole at Nepthunia, on the coast, and made a road through the Formian mountains. Cato purchased for the use of the people two halls, the Mænian and Titian, in the Lautumiæ, and four shops, and built there a court of justice, which was called the Porcian. They farmed out the several branches of the revenue at the highest prices, and bargained with the contractors for the performance of the public services on the lowest terms. When the senate, overcome by the prayers and lamentations of the publicans, ordered those bargains to be revoked, and new agreements to be made; the censors, by an edict, excluded from competition the persons who had eluded the former contracts, and farmed out all the same branches at prices very little reduced. This was a remarkable censorship, and the origin of many deadly feuds: it rendered Marcus Porcius, to whom all the harshness was attributed, uneasy during the remainder of his life. This year, two colonies were established, Potentia in Picenum, and Pisaurum in the Gallic territory. Six acres were given to each settler. The same commissioners had the ordering of both colonies, and the division of the lands, Quintus Fabius Labeo, Marcus Fulvius Flaccus, and Quintus Fulvius Nobilior. The consuls of that year performed nothing memorable at home or abroad.