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

by Livy

35 The consuls had nothing to do in their province. Marcus Bæbius, being summoned home to Rome to preside at the elections, created consuls Aulus Postumius Albinus Luscus and Caius Calpurnius Piso. Then Tiberius Sempronius Gracchus, Lucius Postumius Albinus, Publius Cornelius Mammula Titus Minucius Molliculus, Aulus Hostilius Mancinus, and Caius Mænius were made prætors. All these entered into office on the ides of March. In the beginning of this year in which Aulus Postumius Albinus and Caius Calpurnius Piso were consuls, Lucius Minucius, lieutenant-general, and two military tribunes, Titus Mænius and Lucius Terentius Massilicta, who had come from Hither Spain from Quintus Fulvius Flaccus, were introduced to an audience of the senate by Aulus Postumius the consul. These, after informing the senate of the two victories gained, of the submission of Celtiberia, and of the conclusion of the business of the province, and that there was no occasion either to send pay, as usual, or corn to the army for that year, requested, first, that “on account of these successes a thanksgiving should be performed to the immortal gods; and, then, that leave should be given to Quintus Fulvius, on his quitting the province, to bring home from it the army which had served under him and many former prætors, with much bravery. They represented, that this measure, besides the propriety of it, was in some degree necessary, for the troops were so obstinately bent on it, that it did not seem possible to keep them longer in the province; but, if they were not disbanded, they would either leave it without orders, or, if any one would attempt to detain them by compulsion, would break out into a dangerous mutiny.” The senate ordered, that Liguria should be the province of both the consuls. The prætors then cast lots for theirs. The city jurisdiction fell to Aulus Hostilius; the foreign, to Titus Minucius; Sicily, to Publius Cornelius; Sardinia, to Caius Mænius; Farther Spain, to Lucius Postumius; and Hither Spain, to Tiberius Sempronius. As this last was to succeed Quintus Fulvius Flaccus, and wished that the province might not be stripped of the veteran troops, he spoke thus: “Quintus Minucius, I demand of you, since you assert, in your report, that your province is subdued, do you think, that the Celtiberians will always faithfully observe the treaty, so that the province may be kept in obedience without an army? If you cannot give us any assurance of, or undertake to answer for, the fidelity of the barbarians, but think that, at all events, there must be an army maintained there, I pray you, whether would you recommend to the senate to send a reinforcement into Spain, in order that those soldiers only who have served out their time may be discharged, and the recruits mixed with the veterans? or to withdraw the veteran legions, and enlist new ones, and send them in their place? and this, although the contempt entertained for such new recruits might rouse barbarians of more pacific tempers to a renewal of war? would it be a matter easier said than done, to reduce to complete subjection a province naturally fierce, and constantly renewing the war? A few states, as I am informed, who were awed, more than the rest, by the nearness of our winter quarters, have submitted to our authority and dominion, while those more remote are in arms. This being the case, conscript fathers, I now give notice beforehand, that, with the army at present there, I will undertake to execute the business of the republic; but, if Flaccus bring those legions home with him, I will choose some quiet part of the country for winter quarters, and will not expose raw soldiers to an enemy so remarkably ferocious.”

36 To these questions, which he had been asked, the lieutenant-general answered, that “neither he nor any other could possibly divine what were the sentiments of the Celtiberians, or what they would be in future; therefore he could not deny that it would be proper to send an army among a barbarous people, who, though reduced to a state of quiet, were not yet sufficiently inured to subjection; but whether a new army or a veteran one might be requisite, rested with him to decide who could ascertain with what sincerity the Celtiberians would observe the peace; and who, at the same time, had assurance that the troops would remain quiet, if kept longer in the province. If a conjecture were to be formed of their intentions, either from their conversations with each other, or from the expressions with which they interrupted the general’s harangues, they had openly and loudly declared, that they would either keep their commander in the province, or come home with him to Italy.” This discussion, between the prætor and the lieutenant-general, was suspended by the consuls introducing other matters; for they thought it right, that their own provinces might be adjusted before they deliberated concerning the army of the prætor. An army entirely new was decreed to the consuls: two Roman legions to each, with their proportion of cavalry; and of the Latin allies, the usual number of fifteen thousand foot and eight hundred horse. With these forces, they were directed to make war on the Apuan Ligurians. Publius Cornelius and Marcus Bæbius were continued in command, and ordered to hold the government of the provinces until the consuls should arrive. They were ordered then to disband their troops, and return to Rome. Then they deliberated concerning the army under Tiberius Sempronius. The consuls were ordered to enlist for him a new legion of five thousand two hundred foot and four hundred horse; and also a thousand Roman foot and five hundred horse; and to command the allies of Latium to furnish seven thousand foot and three hundred horse. With this army it was determined that Sempronius should go into Hither Spain. Permission was granted to Quintus Fulvius, with respect to all those soldiers, whether Romans or allies, who had been transported into Spain previous to the consulate of Spurius Postumius and Quintus Marcius; and likewise to such as, after the junction of the reinforcements, should be found in the two legions, above the number of ten thousand four hundred foot and six hundred horse; and in the Latin auxiliaries above twelve thousand foot and six hundred horse, who had behaved with courage under Quintus Fulvius in the two battles with the Celtiberians,—these, if he thought proper, he might bring home. Thanksgivings were also decreed, because he had managed the republic successfully; and the rest of the prætors sent into their provinces. Quintus Fabius Buteo had his command in Gaul. It was resolved that eight legions should be employed this year, besides the veteran army then in Liguria, which expected to be speedily disbanded; and that very army was made up with difficulty, in consequence of the pestilence which continued, for the third year, to depopulate the city of Rome and all Italy.

37 Tiberius Minucius, the prætor, died of this malady; and soon after, Caius Calpurnius, the consul; also many illustrious men of all ranks; so that at last this calamity began to be considered as a prodigy. Caius Servilius, chief pontiff was ordered to find out proper atonements for the wrath of the gods; the decemvirs to inspect the books, and the consul to vow offerings, and to present gilded statues, to Apollo Æsculapius, and Health; which he vowed and gave. The decemvirs proclaimed, on account of the sickness, a supplication of two days in the city, and in all the market-towns and villages; all persons above the age of twelve years offered the supplication, with garlands on their heads, and holding laurels in their hands. There had, also, crept into people’s minds a suspicion of human villany in regard to it whereupon Caius Claudius, the prætor, who had been substituted in the room of Tiberius Minucius, was commissioned by a decree of the senate, to make inquisition concerning acts of poisoning committed in the city, or within ten miles of it; and Caius Mænius was ordered to do the same, before he passed over to his province, Sardinia, in the market-towns and villages beyond the tenth stone. The death of the consul was most suspected. It was reported that he had been murdered by his wife, Quarta Hostilia; and when her son, Quintus Fulvius Flaccus, was proclaimed consul in the room of his stepfather, the death of Piso began to excite much more suspicion; for witnesses appeared, who testified, that, after Albinus and Piso were declared consuls, in which election Flaccus had suffered a disappointment, his mother upbraided him with being refused the consulship a third time, and then desired him to make ready to stand candidate again, saying, “she would take such measures that within two months he should be made consul.” This expression verified by the event, which was but too real, joined to many other evidences of the same tendency, appeared such strong proof, that Hostilia was condemned. In the spring of this year, the levies detained the new consuls at Rome; while the death of one of them, and the holding of the assembly to substitute another in his place, occasioned still further delays. In the mean time Publius Cornelius and Marcus Bæbius, who, in their consulate, had done nothing worth mention, led their troops into the country of the Apuan Ligurians.

38 The Ligurians, who did not expect an attack before the arrival of the consuls in the province, were surprised, and surrendered to the number of twelve thousand men. Cornelius and Bæbius, having consulted the senate by letter, determined to bring them down from their mountains into a plain country, so far from home, that they should have no hope of a return; for they were convinced, that before this was done no end could be put to the war in Liguria. There was a tract of land in Samnium, the public property of the Roman people, formerly occupied by the Taurasinians. When they intended to transplant the Apuan Ligurians to this country, they published an order, that this people should quit the mountains, with their wives and children, and bring all their effects along with them. The Ligurians made, by their ambassadors, many humble supplications that they might not be compelled to relinquish their native home, the soil in which they were born, and the tombs of their forefathers. They promised to give up their arms, and deliver hostages. After they failed in all their solicitations, and were destitute of strength for the maintenance of a war, they obeyed the order. Forty thousand men, of free condition, with their women and children, were transplanted at the expense of the public, and a hundred and fifty thousand sesterces[58] were given them, to provide necessaries for their new habitations. Cornelius and Bæbius, who removed them, were commissioned to divide and apportion the lands; but, at their own request, the senate appointed five other commissioners, by whose advice they should act. When they had finished this business, and brought home their veteran soldiers to Home, a triumph was decreed them by the senate. These were the first who ever triumphed without having fought an enemy. Hostages only were led before their chariots; for there appeared not, in their triumphs, either spoils to be carried, or prisoners to be led captives, or money to be distributed to the soldiers.

39 In the same year Fulvius Flaccus, the proconsul in Spain, as his successor did not come to the province at the usual time, having drawn out the troops from their winter quarters, proceeded to lay waste the farther part of Celtiberia, whose inhabitants had not come in to make submission. But by this proceeding he rather provoked than terrified the spirits of the barbarians; so that, having collected secretly a body of forces, they beset the Manlian pass, through which they knew, with certainty, that the Roman army would march. Gracchus had commissioned his colleague, Lucius Postumius Albinus, who was going to the Farther Spain, to desire Quintus Fulvius to bring his forces to Tarraco, where he intended to discharge the veterans, to distribute the reinforcements among the respective corps, and reorganize the entire army. The day also was mentioned to Flaccus, and that not very distant, on which his successor would arrive. When tidings of this new arrangement had compelled Flaccus to drop the business which he had undertaken, and to lead away the troops in haste out of Celtiberia, the barbarians, unacquainted with the reason, and supposing that he had discovered their revolt and secret assembling of an army, and that he was retreating through fear, beset the pass with the greater determination. When the Roman army entered this defile, at the dawn of day, immediately the enemy starting up attacked it at two sides at once. And when Flaccus saw this, he put down the confusion arising among the soldiers by giving orders through the centurions that every man should keep his post, in the order of march, and make ready his arms; then collecting the baggage and beasts of burden, into one spot, partly by himself, partly by the help of the lieutenants-general, and military tribunes, he formed his troops as the time and place required, without any confusion. He put them in mind, that they were to engage with men “who had been twice reduced to submission; that guilt and perfidy, not valour or courage, were their only accessions. That these people had put it in their power to make their return to their country which otherwise would have been ignoble, glorious and splendid; for they would now carry home their swords red from the slaughter, and spoils dropping blood.” The time did not allow more to be said, as the enemy were rapidly advancing upon them; the extremities of the wings were already engaged, and quickly after the entire lines.

40 The battle was furious in every part, but the success various. The two legions fought with extraordinary bravery, nor were the two cohorts of the allies remiss; but the foreign auxiliaries were hard pressed, by men armed like themselves, and rather a better description of soldiers; nor were they able to maintain their ground. The Celtiberians, as soon as they perceived that, in a regular line, and in fair fighting, they were no match for the legions, made a charge against them, in the form of a wedge, in which sort of attack they excel so much, that on whatever part they direct their assault they cannot be withstood. On this occasion, too, the legions were ordered, and the line was almost broken. When Flaccus observed this disorder, he rode up to the legionary cavalry, asking them, “Have we any support in you? Is the whole army to be lost?” Whereupon they called to him from all sides, to “tell them what he wished to be done; and that it should be instantly attempted.” “Cavalry of the two legions, double your troops,” he replied, “and charge the wedge, which is attacking our soldiers; you will make a more violent charge, if you spur your horses without bridles against the foe. This expedient is recorded to have been often employed by the Roman cavalry with great advantage.” They obeyed his orders, and taking off the bits of the bridle, they spurred in full career through that body twice, forward and backward, breaking their spears to pieces, and making great havoc of the enemy. The Celtiberians, on this dispersion of their wedge, on which had been their whole reliance, were quite dismayed, and almost giving over the fight, looked about for ways to escape. And now, when the allied horse saw this brilliant exploit of the Roman cavalry, they were so inflamed by the example of their bravery, that without waiting for orders, they made a charge on the enemy, while they were in confusion. Then truly all the Celtiberians scatter and fly, and the Roman general, when he saw their backs, vowed a temple to Equestrian Fortune, and games in honour of Jupiter supremely good and great. The fugitives, dispersing, were pursued with much slaughter, through the whole length of the pass. Seventeen thousand of the enemy are recorded to have been killed on this occasion, and more than four thousand taken, with two hundred and seventy-seven military standards, and near one thousand one hundred horses. The victorious army pitched no camp on that day. This victory, however, was not gained without loss; four hundred and seventy-two Roman soldiers, one thousand and nineteen of the allies and Latins, and besides these three thousand of the auxiliaries perished. The victorious army, having thus reasserted their former renown, finished their march to Tarraco. The prætor, Tiberius Sempronius, who had arrived two days before, came out to meet Fulvius on the road, and congratulated him on the important services which he had rendered to the commonwealth. They then, with perfect unanimity, settled what soldiers they should discharge, and what they should retain; and Fulvius, embarking the disbanded soldiers in the fleet, set sail for Rome, while Sempronius led the legions into Celtiberia.

41 Both the consuls led their armies into Liguria, but on different sides. Postumius, with the first and third legions, invested the mountains of Balista and Suismontium; and, by securing the narrow passes leading thereto with guards, cut off all supplies of provisions; and by want of every thing he reduced them to an entire obedience. Fulvius, with the second and fourth legions, marched from Pisæ against the Apuan Ligurians; and having received the submission of that part of them which inhabited the banks of the river Macra, he put them, to the number of seven thousand men, on board ships, and sent them along the Etrurian coast to Neapolis, from whence they were conducted into Samnium, and lands were assigned to them among their countrymen. The vine-yards of the Ligurians of the mountains were cut down and their corn burnt by Aulus Postumius, until, compelled by all the calamities of war, they surrendered and delivered up their arms. From thence Postumius proceeded, by sea, to visit the coast of the Ingaunian and Intemelian tribes. Before these consuls joined the army which had been ordered to meet at Pisæ, Aulus Postumius, and a brother of Quintus Fulvius, Marcus Fulvius Nobilior, had the command of it. Fulvius was military tribune of the second legion. He in his months[59] of command disbanded the legion, after obliging the centurions to swear, that they would carry the money in their hands to the treasury, and deliver it to the quæstors. When this was announced to Aulus at Placentia, to which place he happened to have made an excursion, he set out with some light horsemen, in quest of the disbanded men; and such as he could overtake, he sharply rebuked and brought back to Pisæ, and then apprised the consul of the whole matter. When he laid the business before the senate, a decree was passed that Marcus Fulvius should be banished into that part of Spain beyond New Carthage; and a letter was given him by the consul, to be carried into Farther Spain, to Publius Manlius. The soldiers were ordered to return to their standards; and it was decreed, that, as a mark of disgrace, that legion should, for that year, receive but half a year’s pay. The consul was likewise ordered to sell the person and property of every soldier who should not return to the army.

42 In the same year Lucius Duronius, who had been prætor the year before, returned with ten ships from Illyricum to Brundusium, and leaving the fleet in that harbour, came to Rome, and in giving a recital of the services which he had performed in his province, he threw the blame of all the piracies committed by sea, on Gentius, king of Illyricum, as their undoubted cause. “From his kingdom,” he said, “came all the ships that had ravaged the coast of the Hadriatic; that he had sent ambassadors on the subject, but they were not even allowed an audience of the king.” Some time before this, ambassadors had come to Rome from Gentius, who said, that “when the Romans came for the purpose of holding a conference with the king, he happened to be sick in a remote part of his dominions; and that Gentius requested of the senate, not to give credit to the forged charges which his enemies had made against him.” Duronius added, that injuries were offered to many Roman citizens and Latin allies, in Gentius’s dominions; some of whom he held in confinement in Corcyra. It was their pleasure that all these should be brought to Rome; that the prætor, Caius Claudius, should inquire into that business; and that until this were done, no answer should be given to king Gentius, or his ambassadors. Among many others whom the pestilence of this year cut off, several priests also died. Lucius Valerius Flaccus, a pontiff, died of it; and in his room was substituted Quintus Fabius Labeo. Publius Manlius, who had lately come home from the Farther Spain, and was triumvir of religious feasts, died also; Quintus Fulvius, son of Marcus, then a mere youth, succeeded him. The appointing of a king of the sacrifices in the room of Cneius Cornelius Dolabella, gave rise to a dispute between Caius Servilius, chief pontiff, and Lucius Cornelius Dolabella, naval duumvir; whom the pontiff ordered to resign his office, to the end that he might inaugurate him; and on the duumvir’s refusing to do this, a fine was therefore imposed on him by the pontiff; and when the latter appealed, they contended about the affair before the people. After a majority of the tribes, being called in, had ordered that the duumvir should comply with the requisition of the pontiff, and that if he would resign his commission the fine should be remitted, an unfavourable omen from the heavens intervened, which broke off the proceedings of the assembly. After this the pontiffs were prevented by religious scruples from inaugurating Dolabella. They consecrated Publius Clælius Siculus, who had been installed in the second place. Towards the end of the year, Caius Servilius Geminus, the chief pontiff, also died; the same was decemvir of religious affairs. In his room, as pontiff, Quintus Fulvius Flaccus was nominated by the college; but Marcus Æmilius Lepidus, was elected chief pontiff, though many illustrious men sought that office; and Quintus Marcius Philippus was appointed to the office of the same, as decemvir of religious affairs. Spurius Postumius Albinus, an augur, died; and the augurs elected into his place Publius Scipio, son of Africanus. On the request of the people of Cumæ that year, leave was granted them to use the Latin language in their public business, and that their auctioneers should have a right to use the Latin language in selling.

43 To the Pisans, offering ground for the establishment of a Latin colony, thanks were returned by the senate, and triumvirs were appointed to conduct that business; these were Quintus Fabius Buteo, Marcus Pompilius Lænas, and Publius Pompilius Lænas. A letter was brought from Caius Mænius, the prætor, (to whom, after that the province of Sardinia had fallen to his lot, orders were given to make inquisition concerning sorceries, in places more than ten miles distant from the city,) the purport of which was, “that he had already passed sentence on three thousand people; and that still, in consequence of fresh discoveries, the business of the inquisition increased so much on his hands, that he must either drop the prosecution of the inquiries, or give up the province.” Quintus Fulvius Flaccus returned to Rome from Spain, with a high reputation for his military exploits; and while he waited without the city in expectation of a triumph, was elected consul with Lucius Manlius Acidinus. And after a few days, he rode through the city in triumph, accompanied by the soldiers whom he had brought with him. He carried in the procession a hundred and twenty-four golden crowns, together with thirty-one pounds’ weight of gold, and of coined Oscan silver a hundred and seventy-three thousand two hundred pieces.[60] He gave out of the booty to each of the soldiers fifty denariuses; double that sum to a centurion; triple it to a horseman; and the same sums to the Latin allies, with double pay to all. This year, for the first time, a law was proposed by Lucius Villius, plebeian tribune, ascertaining at what ages men might sue for, and hold each office in the state. Hence the surname Annalis was given to his family.

44 Four prætors were elected, after a lapse of many years, by the Bæbian law, which enacted that four should be elected every alternate year; and the persons appointed were Cneius Cornelius Scipio, Caius Valerius Lævinus, Quintus Mucius Scævola, and Publius Mucius Scævola, sons of Quintus. To the consuls, Quintus Fulvius and Lucius Manlius, was decreed the same province as to the preceding ones, and the same number of forces, infantry, cavalry, citizens, and allies. In the two Spains, Tiberius Sempronius and Lucius Postumius were continued in command, with the same armies which they then had; and to recruit their numbers, the consuls were ordered to enlist, of Romans three thousand foot and three hundred horse, and of the Latin allies, five thousand foot and four hundred horse. Publius Mucius Scævola obtained by lot the city jurisdiction, and likewise the business of the inquisitions concerning sorcery, in the city, and within ten miles of it; Cneius Scipio, the foreign jurisdiction; Quintus Mucius Scævola, Sicily; and Caius Valerius Lævinus, Sardinia. The consul, Quintus Fulvius, before he meddled with any of the public business, declared that “he intended to acquit both himself and the state of the obligation of fulfilling the vows which he had made; that on the day of his last battle with the Celtiberians, he had vowed to perform games in honour of Jupiter supremely good and great, and to build a temple to Equestrian Fortune; and that by the Spaniards a contribution of money had been made for these purposes.” A vote was passed that the games should be performed, and that duumvirs should be appointed to contract for the building of the temple. With regard to the expenses, a limitation was fixed, that “no greater sum should be expended on the games than that which had been voted to Fulvius Nobilior, when he exhibited games on the conclusion of the Ætolian war; and that the consul should not, on account of these games, send for, collect, or receive, or do any thing contrary to the decree of the senate passed concerning games in the consulate of Lucius Æmilius and Cneius Bæbius.” The senate qualified their vote in this manner, on account of the lavish expense occasioned by the games of Tiberius Sempronius, the ædile, which had been burthensome not only to Italy and the Latin allies, but even to the provinces abroad.