The Romane historie vvritten by T. Livius of Padua. Also, the Breviaries of L. Florus: with a chronologie to the whole historie: and the Topographie of Rome in old time. Translated out of Latine into English, by Philemon Holland, Doctor in Physicke

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The Romane historie vvritten by T. Livius of Padua. Also, the Breviaries of L. Florus: with a chronologie to the whole historie: and the Topographie of Rome in old time. Translated out of Latine into English, by Philemon Holland, Doctor in Physicke
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Livy.
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London :: Printed by Adam Islip,
1600.
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Rome -- History -- Early works to 1800.
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"The Romane historie vvritten by T. Livius of Padua. Also, the Breviaries of L. Florus: with a chronologie to the whole historie: and the Topographie of Rome in old time. Translated out of Latine into English, by Philemon Holland, Doctor in Physicke." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A06128.0001.001. University of Michigan Library Digital Collections. Accessed June 13, 2024.

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Page 139

[unspec A]

THE FOVRTH BOOKE OF THE HISTORIES OF T. LIVIVS of Padoa, from the foundation of the [unspec B] Cittie of Rome. (Book 4)

The Breviarie of L. Florus upon the fourth Booke.

THe law concerning marriage betweene the Nobles and the Commons, was proposed, and with much ado enacted by the Tribunss of the Communaltie: not withstanding, the Nobles with∣stood it. Tribunes militarie with full authoritie of Cousuls, were created. Vnder this kind of Magistracie was the State ruled for certaine yeares, both in cittie and in warre. The lands of the Ardeates, which had been awarded from them by an arbitvement of the people of Rome, were restored againe unto them, and Coloners sent to inhabite the same. In the time of a great dearth and famine at Rome, one Sp. Melius, a Romane knight, dealt corne amongst the people [unspec C] freely, at his owne proper charges: by which deed he won the favor of the Commons: and there∣by aspiring to be king, was at the commandement of Quintius Cincinnatus, the Dictator, slaine, by the hands of C. Ser∣vilius Hala, Generall of the Horsemen. L. Minutius, who disclosed the treason, had a bullocke with guilt hornes given him for a reward. The Embassadours of the Romanes, which were murdered by the Fidenates, had their Statues or Images ere∣cted at the Rostra, or the common Crosse of the cittie, because they died in the service of the Commonwealth. Cornelius Cos∣sus a Colonell, having slaine with his owne hand Tolumnius, the king of the Veientians, wan and bare away the second royall spoiles. Mamercus Aemylius the Dictator, limited the government of the Censureship, within the compasse of one year and sixe months, which before that time continued five yeares: and for that act, was shamefully disgraced by the Censors. Fidene was conquered and subdued, and thither were Coloners sent to dwell. Whom the men of Fidene slew, and revolted from the people of Rome: and by Mamercus Aemylius the Dictator were subdued, and the cittie forced. The conspiracie of the bondslaves was suppressed. Posthumius a Tribune militarie, was for his crueltie slaine by his owne souldiors. The soul∣diors [unspec D] then first, and never before, had their pay out of the common treasurie. Moreover, this booke containeth the warres against the Volscians and Veientians, the Fidenates and Falisci.

THERE succeeded Consuls after these, M. Genutius and P. Curiatius. A yeare full of broiles, both at home and abroad. For in the beginning of the yeare, both Canuleius, a Tribune of the Commons, proposed a law, concerning alliance of the Patritians with Commons, by way of mariage. Wherby the Nobles supposed their bloud to be desteined, and the rightes and priviledges [unspec E] of families and houses confounded. Also, wheras at first the Tribunes by little and little had moved, That one of the Consuls might bee created out of the Commons: now the matter proceeded so far, that of ten Tribunes that then were, the other nine propounded this in plaine termes for a law, That it might be in the peoples power to chuse both the Coss. (if they would) either out of Commons or Nobilitie. Mary, if that should come to passe, the Nobles thought indeed that the soveraigne rule and authoritie, was not only made common with the basest sort, but also translated altogether from the great men andbest of the cittie, to the comminaltie. Glad were the Senatours therfore to heare say, that the people [unspec F] of Ardea, for the wrongfull awarding away of their lands from them, were revolted: and that the Veientians had wasted the frontiers of the Romanes: and that the Volscians and Aequians grud∣ged and muttered for the fortifying of Verrugo. So much preferred they any warre, miserable though it were and dangerous, before a shamefull and dishonourable peace. Having heard therefore these newes, and taken them in the worst manner: to the end that amidst the ru∣mour

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and bruite of so many warres, the Tribunitian troublesome suites might staie and bee [unspec G] dead for the time: they command musters to be taken, souldiors to be levied, all furniture of war, and all manner of force to be prepared, and (if it might be) with more indevor, than it had been when T. Quintius was Consull. Then C. Canuleius, after some hoat words which he spake alowd in the Senate, namely that the Consuls by frighting the Commons, went about but in vaine, to avert them from the regard of their new lawes: and that so long as he had any breath in his bodie, they should never go through with muster, unlesse the Commons had first ratified those things, which by him and his brethren had been propounded: forthwith assembled the people together.* 1.1 Thus at one instant the Consuls animated the Senate against the Tribune, and the Tribune incited the people against the Consuls. The Consuls gave it out plainly and said, that no longer now might these furious courses of the Tribunes be endured. Now were they come [unspec H] to the very height & extremitie, and raised more war in effect, at home, than the enemies abroad. Which thing (no doubt) happened not so much through the fault of the Commons, as of the Nobles, nor of the Tribunes more, than of the Consuls. For looke what thing was best re∣warded in a cittie, the same alwaies most increased: thus men in peace (we see) prove excellent, thus in warre they come to bee singular. In Rome (say they) seditions sped ever best, and have been reputed both to each one in particular, and to all in general most honourable. But let the Senat call to mind the dignitie which they themselves had received from their fathers, & compare it with that which they were like to leave to their children and see, whether they may boast as the cominaltie doth, how that their condition is much bettered and more glorious than before. Well, neither is there any end now, nor ever will be, so long as the authours of sediti∣ons [unspec I] be as highly advanced, asthe seditions themselves are prosperous and fortunate. See what matters and how great hath Canuletus attempted! He would bring in a minglemangle and con∣confusion of kindreds and houles, a perturbation in the managing both of publike and private affaires: that nothing might be sincere and intire, nothing pure and undefiled: that all difference and distinction being taken away, no man might know either himselfe or his. For what thing 〈◊〉〈◊〉 doe these mixtures of states and degrees by marriages draw after them, without all order and discretion; but that like bruit beasts in a manner, Commons and Nobles may go and couple to∣gether? so that the children betweene them borne, shall not be able to tell of what bloud he is descended, and to what religion he doth belong, being a mungrell, as it were, the one halfe a No∣ble, the other a Commoner; and not well suiting and according with himselfe? They thought it [unspec K] not enough (belike) that all divine and humane lawes, were confused and shuffled together: for now these mutinous persons, these busie heads and troublers of the common people, addresse themselves to shoot at the Consulship. At first, they sounded in privat speeches and secret 〈◊〉〈◊〉, only, how to compasse, That one of the Consuls might be created out of the bodie of the Commons: but now they go roundly to worke, and carrie it before them: they are so bold to prefer laws (forsooth) that the people might make them both, either Nobles or Commons, at their good pleasure. Wherby (no doubt) they would make choise from out of the Commons, of the most seditious persons of all other. We shall have then the Canuleians and Icilians to bee our Coss. But Iupiter (that great good god)forbid, that ever the royal & imperial majestie, should come to that loweb or desperat passe: die they would a thousand deaths rather, than suffer so great [unspec L] a shame & indignitie: knowing this assuredly, that their ancitours also, if they had once suspe∣cted or foreseene, that by granting the cominaltie every thing as they desired, they would not have proved more bonair and buxome towards them, but rather more churlish & untractable: and when they had obtained their first suites, to proceed still to demaund worse and worse, one thing after another: they would sooner have indured at the first, any contesting and debate what∣soever, than suffered those hard conditions to be imposed and put upon them: and because they had once relented, that Tribunes should be created, therefore to grant them againe the second time. So that as now, there is no ho with them, nor end of quarrels will be none, so long as in one and the selfsame cittie, Tribunes and Senatours remaine togither. Nay verely, either this state must be put downe, or that office utterly adolished. And better late than never, to withstand [unspec M] and meet with their rash and desperat boldnesse. What? shall they without controlment, first sowe discord at home, and then stir up sorreine wars abroad? and afterwards, against those wars which themselves have raised, debar and hinder the cittie, for to take armes and defend it selfe? and when as they, have as good as sent for the enemies to come to their dores, then, not suffer an

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[unspec A] armie to be levied against them. But let Canuleius(if he dare) speake these wordes out in the Se∣nat, That unlesse the Nobles suffer his laws, as if he were a Conquerer, to be admitted and re∣ceived, he will stay the mustering? For what els is that, but to threaten that he will fell and betray his countrie, and suffer it to be assailed and lost? What encouragement will such a word give as that, I say not, to the comminaltie of Rome, but to the Volscians, Aequians and Veientians? Will not they hope, under the conduct of Canuleius, to be able to scale the Capitoll and the castle, if so be the Tribunes shall take from the Nobilitie their courageous hearts, as they have bereaved them alreadie of their right, their honour and dignitie? Let him know therefore, that the Con∣suls are readie, first to shew themselves to be captaines and leaders, against the mischievous pra∣ctises of their own citizens, before they wil make head against the armed forces of their enemies? [unspec B] Whils these matters were debated of with great contention & heat in the Senat house, Canuleius for the maintenance of his laws, and to crosse the Consuls, made this Oration unto the people. How greatly the Nobles have despised you,* 1.2 O Quirites, how unworthie they have ever thought you, to live among them within the wals of one cittie, me thinkes I have, as often heretofore, so now especially & most of all perceived: in that they have risen up altogether so fiercely to check and withstand our proposed lawes.

Wherein, what pretend we else, but to tell them and put them in mind, That we are, as well as they, cittizens: and although we are not of the same wealth, yet we inhabite the same countrie with them? In the one, we request mariage; a thing to borderers, yea and to forraine nations usually graunted: and to speake of our selves, we also have afforded even to our conquered enemies, the benefit of our citie, which is far more than marriage. In the other, [unspec C] we move no new matter, but onely claime againe and challenge that, which is the peoples right, to wit, that the people of Rome may bestow their offices and dignities, upon whom they please. What reason have they then, I pray you, to set all on an uprore, as if heaven and earth should go together? and what is the cause, that erewhile I had like to have had violence offered unto me in the Senate? What moved them to breake out and say, they could not forbeate nor keepe their hands from me, and threaten to abuse and violate the sacred authorities of the Tribunes? Set case that the people of Rome may have their free voices & suffrages, to elect the Consuls whom they will, and that no Commoner be denied, so he be worthie of the highest place, for to ob∣taine the soveraigne dignitie. How then? cannot this cittie possiblie stand any longer? and is our Empire come to an end for ever? And all one it is (belike) and importeth as much, to disable a [unspec D] Commoner, for being made Consull, as if a man inferred, that a bondman or a freed libertine should become Consull. Perceive you not yet (my Maisters)in what contempt you live? They would, if they might, bereave you in some measure of this day light: that yee breath and speake, that yee have the shapes of men, they thinke much, they repine, and it goes to their heart. And what els? They give it out flatly and say (if God will) it is unlawfull, that a Commoner should be a Consull. I beleech you heare me a little. If we may not be allowed to read the Chronicles, nor to peruse the Highpriests records and registers, know wee not those things then, that even all strangers know? namely, That Consuls entred in place of kings, & succeeded them, and have no other right, preheminence or dignitie at all, than kings had before? Thinke yee' that men have never heard, that Numa Pompilius, a man not so much as a citizen of Rome, much lesse then, a [unspec E] Patritian and noblie descended among them, was sent for out of the Sabines countrey, and by the peoples voices, and the assent of the Nobles, created king of Rome? Also, afterwards, how L. Tarquinius, who was no Romane borne, no nor yet so much as an Italian, but the sonne of De∣maraius the Corinthian, a stranger inhabitant at Tarquines, and from thence removing, albeit king Ancus his sonnes were living, attained likewise to the crowne? Moreover, how Servius Tullius after him, the sonne of a captive woman of Corniculum, whose father was unknowne, whose mother abondwoman, through wit and vertue, obtained & held the kingdome? For what should I speake of T. Tatius the Sabine, whom Romulus himselfe, the father and founder of this cittie, admitted to raigne together with him? Well, so long as no stocke was disdained, no race rejected, wherein appeared sparkes of vertue, the Romane Empire became mightie, and flouri∣shed. [unspec F] Scorne yee then at this day, a Consull out of the Communaltie, when our forefathers de∣spised not kings that were aliens and strangers? No, nor when the kings were expelled, was this cittie denied and shut against forreiners, that were valorous, and men of action. The kinred and whole name (I am sure) of the Claudij, after the kings were exiled, we not onely admitted into our cittie, from out of the Sabines, but also received into the number of the Patritians and Noble∣men.

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And may a meere forrainer indeed become a Nobleman, and so a Consull? And shall a citi∣zen [unspec G] of Rome, if he be of the Communaltie, be wholly disabled and out of all hope for ever be∣ing Consull? Tell me I pray you, Thinke ye it not possible, that a valiant and hardie man, appro∣ved both in warre and peace, being one of the Commons, may prove like to Numa, L.Tarquini∣us, or Servius Tallius? and if he doe, whether shall we suffer him to governe the Commonweale or no? And whether will ye have our Consuls, such rather as the Decemvirs (the most wretched and wicked persons under the sunne, who, by your leave, were at that time of the Nobilitie) than strangers and new commers, which of all the Kings were simply the very best? But forsooth, pre∣sently after the KK, were deposed and expulsed, there was not one of them Com. a Consull. What of that? ought no new thing to be ordained, and which hath not been already taken up asore? For many things have not yet been practised, (as in a state newly incorporat) ought not such then [unspec H] to be put in use, if they be thought expedient? While Rómulus reigned, there were no Bishops nor Augurs : by Nyma Pompilius they were created. There was no Sessing of the people at all in the cittie, no description of Hundreds and Classes. By S.Tullius they were instituted. Coss. were never heard of before: when the KK.were driven out, they were elected. The time was, when neither the absolute rule nor yet the name of a Dictator was knowne. In our fathers daies it first began. Tribunes, Aediles, Questors there have been none: it was ordeined they should be made. Within this ten yeares, we have both created and also abolished our of the common-weale, Decemvirs for the making and penning of our lawes. And who doubteth, but in a cittie founded for ever to endure, and increasing still infinity, there will be brought in new governments, new priesthoods and sacerdotall dignities, new priviledges both of kindreds and privat persons? And even this [unspec I] one thing in question, to wit, that the Com. and Nobles might not joine in marriage, were not the Decemvirs they that first within these few years made that Edict? A most shamefull ensam∣ple and precedent in a free state, and tending to the manifest wrong of the Commons. Can there be any greater or more notorious injurie, than that there should be in a cittie one part and member, as defiled and polluted, thought unworthie of the bond of marriage? What els is this, but to suffer exile and confining within the samewals, when they debarre us that we should not be either allied in affinitie or knit in kindred? They provide (forsooth) and take order that bloud should not be mixed, nor families confused. How then? If this doe pollute this great gentrie of yours, which most of you descended from the Sabines & Albanes, have not by right line from the Patritians, but by cooptation and election into the number of the Nobles, as be∣ing [unspec K] chosen either by the favour and graceof the Kings, or els by the peoples voices after the KK. were expelled: could not your wisedomes have kept your bloud uncorrupt by some private meanes and provision: namely by taking heed neither to espouse wives from among the Com∣mons, nor to suffer your daughters and sisters to be married to any other than Nobles? No com∣moner (ye might be sure)would have forced a daughter of any noble house: no, these insolen∣cies of lascivious lust are appropriat to gentlemen onely of the Nobilitie : none of us would have compelled any of you against his will, to make covenant and contract of matrimonie. But y vis, that by an expresse law it should be forbidden, and that marriage betweene Nobles and Commons should be condemned, that is it, which to the cominaltie is a plaine contumely and open injurie. And why conferre ye not and lay your heads together, that the rich may not mary [unspec L] with poore? That, which at all times and in all places, hath been a matter left unto particular pol∣licie & consideration, namely, That into what house soever a woman cast a liking & fancie, there she might be married: and into what familie a man obliged himselfe by word, promise and cove∣nant, from thence he might take a wise: even that, restraine ye within the bonds of a most proud and tyrannicall law: whereby ye might breake in sunder all civile societie, and of one cittie make twaine. Why forbid ye not by a positive law, that a commoner should not dwell by a Noble∣man, or go the same way that he doth, or frequent the same feast, or converse in the same market or common place of assembly? For in effect what difference is there, if a gentleman mary a commoners daughter, or a commoner espouse a gentlewoman?What right I pray you or condi∣tion of state is thereby changed? surely the children still take after the father. Neither seeke we [unspec M] for any thing els by matching with you, but only this, that we may be reckoned in the number of men and of cittizens. Neither is there any cause, why you should so contend and stand upon it (unlesse it doe you good to crosse and take a pleasure to exercise your selves in working us dis∣grace and shame.) Finally I would gladly know whether the soveraigne government of the state

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[unspec A] resteth in you or in the people of Rome? When the Kings were driven out, got you thereby to your selves lordly soveraigntie, or purchased all men equall liberrie? It must needs be granted, that the people of Rome may at their pleasure publish and ordaine a law. And will ye then as soone as any law whatsoever, is by them proposed, appoint a muster presently for their punish∣ment? and as soone as I that am Tribune, shall begin to call the wards to give their voices, shall you that are Consuls, by and by sweare all the younger sort, presse them to warfare, lead them forth unto the field, and menace the Commons, menace I say, the Tribune also? What? If ye had not twise alreadie good experience, howe little these goodly threats of yours prevailed against the Com. when they agreed and stucke together, it were somewhat. Will ye say, that ye forbare to strive, ye tendered our good, and for pittie spared us?Nay rather, to say a truth, was not [unspec B] this the cause that no sray was made, For that thestrongerside was also the more coole and modester of the twaine? Neither (O Quirites) will there now, I warrant you, bee any combat, nor blowes dealt: they will alwaies assay and found, what stomackes and hearts ye have, but ne∣ver will they seele your fists, and trie how keene your swords be. Therfore to these wars (be they falsely pretended, or truly indeede or reported) O ye Consuls, the Commons are readie prest to follow you: provided alwaies, that by granting them libertie of mutuall marriage, ye will make at length this cittie one: that they may be linked, joyned and united unto you, by privat alliance and affinitie: that hardie and valiant men may have hope and possibilitie, to honours and dig∣nities: that they may be allowed fellowship and societie in the Commonweale: Finally, that (which is due unto equall libertie) they may one with another in alternative course, obey annu∣all [unspec C] magistrates, and be obeied againe in their turnes. If any of you shall gainsay and withstand these conditions, prate still and talke at your pleasure of wars: multiply and make them as ma∣ny and as great as ye will. There is not one shall give his name, not one shall take armes, not one shall fight for those proud Lords, with whome they can have neither fellowship of dignitie in the common-weale, nor alliance of marriage in privat estate. Now when as the Consuls also were come forth into the open assembly of the people, and that they fell on all hands from con∣tinued and long orations, to short dispute and altercation: the Tribune demaunded why a com∣moner might not attaine to a Consulship?
Vnto whom the Consull returned an answere, as to the substance perhaps truly, so for the present contention not very wisely and to the purpose: Namely, because that no commoner had the Auspices :which was the cause why the Decemvirs [unspec D] ordained distinct marriages, least upon a doubtfull and mingled issue, there should follow a trou∣bled confusion of the Auspices. But hereat, the Commons stonned and stamped most of all: that as odious men unto the immortall gods, they were flatly denied and deemed unworthie to observe the flight and singing of birds. And never gave they over their heates of clamou∣rous debate (whiles the Commons had gotten unto them a most sharpe Tribune to set them a worke, and were themselves in obstinacie no whit behind him) untill at length the Nobles were overcome and driven to graunt, that the law as touching marriage should passe: supposing by that meanes especially, that the other Tribunes would either cleane give over their suite for making commoners Consuls, or at least wise put it off, untill the warre were ended: and that the Commons in the meane while being well pleased and contented with marriage among the No∣bles, [unspec E] would be willing and readie to levie a muster. Canuleius for this his victorie over the Nobles, and for the favors he gat among the Commons, became a great & mighty man. Wherupon, the other Tribunes were kindled to the like combate: and for the proceeding of their law also, inde∣voured with all their might and maine. And albeit the rumor of the warre encreased daily more and more, yet they hinder the levie of souldiors. The Consuls seeing now that no decree and order could passe the Senat house, by reason that the Tribunes interposed their negative voice: tooke counsaile together with the chiefe of the Nobilitie at home in their privat houses. And wel they saw that they must yeeld either the victorie to their enemies, or the buckler to their own citi∣zens. Of all thé Senators that had ben Coss. only Valerius and Horatius were not present at these counsailes. C.Claudius his opinion was, That the Consuls should put themselves in arms against [unspec F] the Tribunes: But the two Quintij, Cincinnatus and Capitolinus, abhorred all bloudshed and vio∣lent proceedings against those, whom by a solemne covenant made with the Commons, they had received and accepted for to be as sacrosainct and unviolable. But in these counsels they grew to this point in the end, that they suffered militarie Tribunes of equall power with the Con∣suls, to be created indifferently from out of the Commons and Nobles: provided alwaies, that

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as touching creation of the Consuls, there should be no alteration from the old manner asore∣time. [unspec G] And wherewith were both Tribunes and Cómmons well satisfied and contented. A ge∣nerall assembly therfore was proclaimed for the chusing of three Tribunes in Consuls authori∣tie, which being once published: ford with as many as had spoken or done ought tending to se∣dition, and above all others those that had been Tribunes of the people, began in their whited robes to take hold of men and run too and fro about the common place labouring for this dig∣nitie. At the first, the Nobles partly in dispaire of obtaining the place (seeing the Commons to set a slote) partly for disdaine and indignation to beare any honourable office jointly with them of so base condition, were scared and affrighted from standing therfore: at the last (but they were forced thereto first by the heads and the chiefe Lords of the Senate) they were content to be competitours and suiters for the dignitie: least they might seeme to be fully excluded forth of [unspec H] the possession of the Common-weale, and leave it entirely for the Commons. The event and effect of this Court, shewed plainely, that mens minds are otherwise affected in contending about libertie and dignitie, than presently after such contentions laid away, they are in weigh∣ing and judging aright without passion and affection. For the people satisfied herewith, that there was some account made of the Commoners, and that they were not shut out, elected mili∣tarie Tribunes all of the Nobles. This modestie, this equitie, this noble mind, where shall a man now adaies find in one person, which then was to be seene in the whole people? In the three hun∣dreth and tenth yeare after the cittie of Rome was founded,* 1.3 were the first militarie Tribunes cre∣ated, that bare office in the roome of the Consuls, to wit, A. Simpronius Aratinus, L. Attilius, and C. Cecilius: in whose government, concord at home caused also peace abroad. There bee writers, [unspec I] who affirme, That upon occasion of the Veientian warre, and the rebellion of the Ardeates, be∣cause two Consuls were not able to manage so many warres at once, therefore were three milita∣rie Tribunes chosen: without making any mention of the law published, concerning election of Consuls of the Commons: and that they were invested both in the jurisdiction, and also in the ornaments of the Consuls. Howbeit, the exercise of that governement, stood not fast and sure, nor continued long. For within three moneths after that they entred, they forewent their office, by a decree of the Augurs, as if there had been some error in their creation. It was alledged that C. Curiatius, who was President of that court of Election, had taken his quarters amisle for the observation of the luckie signes by flight of birds, and not according to the Augurs skill.

There came from the Ardeates to Rome, Embassadours, complaining of wrong received, in [unspec K] these tearmes: That if it might be redressed, and amends made, and their grounds restored, they seemed willing to abide still in league and amitie. Answere was made them by the Senat, that the judgement of the people, alreadie passed, could not bee reversed by the Senate, if it were for no∣thing els but for concord sake and agreement of the States: besides, they had neither any prece∣dent to lead them thereto, nor law and authoritie to warrant them. Marrie, if the Ardeates would wait their times, and put to the Senates arbitrement and discretion, the redresse and casement of their injurie pretended, it would come to passe, that in processe of time they should not repent of governing their passions, and brideling their choler: and should well know, that the Nobles had a good regard, that there should no wrong bee offered unto their friends, as they were carefull, that if any were offered, it should not long continue. Thus the Embassadors, promising, to make [unspec L] a true report, unto their citizens of the matter, wholly as it was: were friendly dismissed, and had their discharge.

The Senatours seeing now the Commonweale, without any soveraign magistrat of the chaire and of State, went together, and made an Interregent: and whiles they strove whether Consuls or Tribunes should be created, the Interregent continued many daies. The Interregent and the Se∣nate laboured, that there should be an Election of Consuls: the Tribunes on the other side, and their Communaltie, were for the Tribunes Consular. But the Senatours prevailed, because both the people seeing they were to conferre the one office or the other, upon the Nobles, surceased to strive any more: and also the cheese of the Commons, chose rather to have that Election, wherein they should not be once propounded, than wherein they were sure to take the repulse, [unspec M] as unworthie. The Tribunes also gave over to contend any longer to no purpose, and without ef∣fect, seeming thereby somewhat to gratifie and pleasure the LL. of the Senate.* 1.4 So T. Quintius Barbatus the Interregent, chose for Consuls L. Papyrius Mugilanus, and L. Sempronius Atratius. Whiles these were Consuls, the league with the Ardeates was renued. And this is the onely evi∣dence

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[unspec A] and proose, that they were Consuls that yeare, for that neither in the auncient yearely re∣cords, nor in the kalenders of the magistrates, they are found at all. I take it, because the militarie Tribunes were created in the beginning of that yeare: and therefore, although these Consuls were in their stead chosen, yet their names were left out, as if the other had remained in office the whole yeare.

Licinius Macer affirmeth, that they are mentioned both in the composition with the Arde∣ates, and also in the linnen bookes or registers in the church of Iuno Moneta. Albeit there had ben so many terrors and bravadoes, threatened from the borderers, yet both abroad & at home, all was quiet. And whether Tribunes onely, or Consuls also chosen in the roome of Tribunes governed in this yeare; certaine it is, that the next following, had Consuls M. Geganius Ma∣cerinus [unspec B] the second time, and T. Quintius Capitolinus the fift time. This was the very yeare when the Censors office came up first. A thing that rose of a small beginning: which notwithstanding afterwards, increased to that height, that it had governement of the manners and discipline of the Romanes: and under the jurisdiction thereof, the Senate and Centuries of the order of knights, the distinction of worship and shamefull disgrace, were reduced. Likewise, the survey of publicke and private Aedifices, yea, and the tributes, revenues & subsidies of the people of Rome were at the disposition, ordering, & discretion of that office. The beginning of which thing arose upon this occasion: For that the people in many years space had not ben assessed and numbred, and seeing the Cense could be deferred no longer, nor the Consuls (by reason of warres, from so many nations imminent) had leisure to goe about and accomplish that busines: the Senat there∣fore [unspec C] made a motion, that the charge being painefull, and not for the majestie of Consuls to bu∣sie themselves in, required a special Magistrate, and a peculiar officer by itselfe. Vnder whome should attend the Secretaries and Clearkes: who likewise should the keeping and charge of the rolles and publick records: and at whose discretion should passe the schedules & instruments of all Assesments. The Senatours therefore accepted gladly of this ouverture, although it were but a trifling matter: yet because there should be the more Magistrates of the Nobilitie. Suppo∣sing (I wene) it would come to passe, as (it prooved indeed) that shortly the power and wealth of those, who bare the office, should win more authoritie and credite unto the thing. Yea, and the Tribunes also made no great adoe, but suffered it to passe, being an office (as it was in truth, no other at that time) rather of necessitie and attendance, than of shew, port, or honour: because [unspec D] they would not seeme to be crosse and peevish in every small matter. When as therfore this dig∣nitie was of the principall of the cittie refused, the people by their voices chose to that Office, Papyrius and Sempronius, of whose Consulship there was some doubt: to the end, that by that of∣fice they might supplie and make up the defect and misse of a Consulship.* 1.5 And of the exercise and function it selfe, Censors were they called.

Whiles these things were a doing at Rome, there came Embassadours from Ardea, craving as well in regard of their most auncient amitie, as also of the late league renued, their helping hand for their cittie, welnigh undone and overthrown. For, peace (which wisely and by right good advise they had kept and maintained with the people of Rome) they might not enjoy at home, by reason of inward debate and domesticall quarrels. The cause and beginning whereof, as it is [unspec E] reported, arose from siding and factions, which have been and will be to most States more per∣nicious, than forraine warres, than famine or plague, or other adversities, which men at attribute to the anger and wrath of God, as the extremitie of all publicke calamities whatsoever. There was a maiden, a Commoners daughter & no better, by birth, but for her rare beautie of singular note and passing renowne: whom two young men were suiters unto. The one of the same condition or estate that the maiden was of, and who relied upon her guardians and tutors, who also were of that degree and calling: the other a gentleman, enamoured on her, onely for her beautie. As for him, he had the good wils of the best in the cittie, by whose meanes the strife of partaking, en∣tred even into the house of the damosell. For the Gentleman in the mothers judgment, was the more welcome and better liked of, whose desire was, that the maiden should be preferred by ma∣riage, [unspec F] and be most worshipfully bestowed. The Guardians also banded themselves, and laboured for their partie. But when as the matter might not be ended within dores, it came touit in law. And when the reasons and allegations were heard, both ofth mother, and also of the Guardi∣ans, the Iudges pro

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having amongst those of their bend and faction, complained of that injurious award, with a [unspec G] troup of men by force, set the maiden out of the mothers house. Against whom arose a stronger power of the gentrie, and followed the young Gentleman, who was incensed and set on fire upon this injurie offered. Whereupon insued a cruell fray. The Commons being defeated, went forth (there unlike to the Commons of Rome) armed as they were out of the cittie, and tooke for their hold a hil, and invaded the lands of the Nobles with fire and sword: and having gathered to them a multitude of Artisanes and handicrafts men, whom in hope of spoile they had called forth, they purpose and prepare to besiege the cittie also, which asoretime had been altogether unac∣quainted with the like sturres. In such sort, as no kind of calamitie that followeth warre, was wan∣ting: as if the poore cittie had been tainted, infected, and poisoned with the furious madnesse of two brainesicke young men, seeking a wofull and deadly marriage, with the utter ruin and destru∣ction [unspec H] of their native countrie. And neither part thought it ynough to warre and fight at home among themselves. For the Nobles sollicited the Romanes for to rescue their besieged citie: the Commons stirred up the Volscians, to helpe to force and sacke the cittie. The Volscians under the conduct of Aequus Cluilius came first to Ardea, and against the wals of their enemies, rai∣sed a countermure, and cast a trench, and blocked the towne round about. Which ridings being brought to Rome, forthwith M. Geganius Consul, went forth with an armie, and incamped him∣selfe three miles from the enemies: and the day being now farre spent & drawing toward night, he commandeth his souldiours to refresh and make much of themselves, and take their rest: and afterwards at the release of the fourth watch, he brought forth his ensignes, set his men to worke, and sped his businesse once begun, so that by the sun rising, the Volsciansmight see themselves [unspec I] invested more streightly by the Romans, then the citie beleagured by them. And on another side the Consull had joined a sconce to the wall of Ardea, by which way his souldiors might go and come in safetie. The captaine of the Volscians, who had to that day prepared no victuals, but su∣stained his armie onely with the corne which he had for the present from day to day robbed by orraying the countrie, seeing himselfe intrenched, and of a suddain to be destitute of all things, called the Consull forth to emparle, saying. That if the Romanes comming was to raise the siege he would remove and dislodge from thence. To which againe the Consull made this replie, That vanquished men were to take, and not to make articles of conditions: neither should they, as they were come at their pleasure to assault the allies of the Romanes, so depart againe when they lt to Volsci. He commandeth therfore to yeeld their Generall, to lay down their weapons, [unspec K] confessing themselves overcome, and to be at his devotion. Otherwise he would bee a bitter and mortall enemie unto them, whether they departed or tarried still, and carrie home to Rome the Victorie of the Volscians, rather than their faithlesse peace. The Volscians, when they had assaied that small hope they had in their weapons (for all hope else was cut off) besides all other things that were crosse unto them, encountered in a place of great disadvantage for fight, but worse for flight: and seeing themselves on every side beaten downe and slaine, turned from fighting to in∣treating, delivered up their captaine, yeelded their weapons, were driven under the gallowes, and in their single doublet and hose with great shame and calamitie, were let go and sent away. And sitting them downe to rest themselves, not farre from the towne Tusculum, the Tusculanes upon an old grudge and hatred against them, set upon them thus disarmed and naked as they were at [unspec L] unawares, and were so meet with them, that scarcely there remained any one to carrie newes of their ill day and unfortunate overthrow. Then the Romane Cos. appeased the troubles at Ardea: beheaded the cheefe captaines of that commotion, and confiscated their goods to the common chist and chamber of the Ardeates. And so by this great favour and benefite of the people of Rome, they supposed the injurie of the former arbitrement was done away and recompensed. But yet the Senate of Rome, thought somewhat behind still for the cancelling of the memori∣all of a publicke avarice.* 1.6 The Consull returned, triumphing into the cittie, leading Cluilius the captaine of the Volscians before his chariot, with the spoile borne asore him of the enemies, whom he had disarmed, and brought under the yoke. Quintius the Consull againe for his part, in his long robe and gowne of peace, countervailed (a thing not usually seene) the glorie of his [unspec M] Colleague in his bright armout: who had so great regard at home to intertaine concord and peace among the cittizens, by ministring justice indifferently, as wel to the highest as the lowest, that the Senatours reputed him a severe Consull, and the Commons accounted him as meeke and gentle a person. And more he woon at the Tribunes hands by countenance and reputation,

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[unspec A] than by contention and debate. His five Consulships wherein he carried himselfe after one and the selfesame manner and order: the course of his whole life, ever Consull-like, caused his per∣son to be in a manner more reverenced than his honourable place. By this meanes, whiles these were Consuls, no words were made of militarie Tribunes. Then created they for Consuls M. Fa∣bius Vibulanus, and Posthumius Ebutius Cornicen. These Consuls, by how much greater & more glorious the acts both at home and abroad, were atchieved by those, whom they saw they were to succeed (and surely that yeare was right memorable among the borderers, as well allies as ene∣mies, and namely, because the Ardeates in so hard distresse, were by them succoured) so much the more earnestly endevoured for their part, to rase out of mens minds the infamie of that judge∣ment aforesaid, and made an Act and decree of the Senate in this forme, THAT FOR AS MUCH [unspec B] AS THE CITIE OF THE ARDEATES, BY REASON OF CIVILETROUBLES, VVAS DIS∣PEOPLED AND BROUGHT TO A SMALL NUMBER OF CITTIZENS, THERE SHOULD BE ENROLLED CERTAINE INHABITANTS TO BE SENT THITHER FOR A GARISON, AND DEFENCE AGAINST THE VOLSCIANS. This was openly ingrossed in publicke Tables, and Instruments, for a policie, that their secret intent and purpose of reversing and disanulling the ar∣bitrement, might not be perceived by the Tribunes and the Commons. But they closely com∣plotted, that when they had enrolled a farre greater number of Rutilians than of Romanes, for to inhabite Ardea, neither, should any other lands be devided, but those which by that infamous and unhonest award were intercepted: nor that one foot or clot of ground should be assigned to any other Romane, before the whole lands were parted among all the Rutilians. Thus the domain [unspec C] that had been in question, returned againe to the Ardeates. The Triumvirs for the conveying of a Colonie to Ardea, were created these, Agrippa Menenius, T. Claelius Sicul us, and M. Ebuties Helua. Who, besides that, they offended the Commons by their readie service, and nothing po∣pular, in regard, that they assigned and set out to their allies, that land which the people of Rome judged their owne, were not well thought of neither, by the cheefe of the Nobilitie: because in the execution of their charge, they did nothing of affection, and for favour. Howbeit they avoi∣ded all troubles and dangers that were toward them (albeit they were accused by the Tribunes before the people.) For when they had registered and placed the Coloners, they remained still themselves in the same Colonie, which they had as witnesse of their innocencie, and just dea∣ling.

[unspec D] In this yeare and the yeare following, when Caius Farius Pacilius and Marcus Papyrius Crasius were Consuls, there was peace at home and abroad. The plaies which had been vowed by the Decemvirs, according to the Senats decree, during the time of the Commons insurrection and departure from the Nobles, were this yeare set forth. Petilius sought for some occasion of sediti∣on, but in vaine. Who being made Tribune the second time, albeit he harped still upon one string, and threatened the selfe same things that he had before, yet he could not bring about, that the Consuls should propose unto the Senat, concerning the division of lands among the Com∣mons: and when as with great ado he had obtained thus much, that the Senatours should be moved and their opinions asked, whether they would have an election of Consuls or Tribunes (consular:) determined it was at length, that Consuls should be chosen. So, that the menaces of [unspec E] the Tribune, that he would hinder the muster, was a ridiculous matter of game: seeing that when the borders were at quiet, there was no need either of warre or preparation for warre. After this great quietnesse of the state, followeth a yeare (wherein Proculus Geganius Macerinus, and L. Me∣nenius Lanatus were Consuls) for sundrie calamities and perils memorable: namely Seditions, Famine, and hazard of receiving upon their necks the yoke of Kings rule againe, and that, by the sweetnes of a Largesse. There wanted onely forreine warre: wherewith if the common-weale had been afflicted too, hardly could the helpe of all the gods above, have recovered the State. These calamities began with hunger. But whether it were, for that the yere was unreasonable for corne, or that they were so droned of the plausible & seditious orations, and of the cittie itselfe, that they sorelet and neglected the Tillage of their ground, it is uncertaine. For both the one [unspec F] and the other is reported. The Lords of the Senat blamed the idlenesse of the Commons: and the Tribunes of the Commons laid the weight, one while upon the fraud and naughtinesse, ano∣ther while upon the negligence & remissenes of the Consuls. At the last, the commoners enfor∣ced and drave the people (but not against the will of the Senate) to chuse L. Minutius Master of the provision or principall purveiour of come and victuals: a man who in that office prooved

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more luckie to preserve the libertie of the cittie, than happy in the exercise or ministerie of his [unspec G] charge: albeit at the latter end, hee deserved and had, both praise and thanke, for bringing downe the price of come. Who, notwithstanding many embassages sent both by sea and land to the neighbor nations round about, and all to litle purpose (but that out of Hetruria ther was brought some little sprinkling of corne) nothing eased and mended the Market: and therefore he turned againe to the dispensing or dealing the present dearth indifferently among all, by for∣cing every man to confesse what corne he had, to open his garners, to bring it forth, to vent and fell that, which he had more than would serve a month. But when by this practise, and by defrau∣ding servants a portion of their daily foode, and by accusing the come-mungers and exposing them to the furious yre of the people, he had with all his hard courses and sharpe inquisitions rather laid open than eased the present neede and necessitie: many of the common people dis∣pairing [unspec H] of all hope, rather than they would live thus miserably tormented, pining and wearing away in hunger, covered their heads, and threw themselves headlong into Tyber. Then Sp. Me∣lius, by calling a knight or gentleman of Rome, a man (as in those daies) exceeding rich, enter∣prised a thing, commodious I must needs say, but a dishonest precedent of dangerous conse∣quence, and proceeding of a worse mind and intent of his. For having with his own mony bought up the come out of Hetruria by the meanes of his friends and vassals, whose ministerie he used: which thing (I beleeve verely) was an hinderance that all the publike care and providence, tooke small effect, and nothing helped the generall want and scarcitie, he devised to bring up a free dole and distribution of come: and to the end that when he had once by this benefit and libe∣ralitie woon the hearts of the Commons, then he might, what way soever he went carrying a port [unspec I] and majestie with him above the degree of a privat person, draw after him a traine of the peo∣ple, promising him by their favour of support, undoubted and assured hope of a Consulship. But himselfe (as mans nature is unsatiable) not content herewith, aspired to higher matters than fortune promised him, and those unlawfull, and beyond his reach. And for as much as even the very Consulship was to be wrested from the Nobles against their wils, he plotted to make him∣selfe a King, and thought that, the only guerdon due for so deepe reaches and dessignes, and wor∣thie that great contention and bickerment which lie was to abide with much toile and swet of browes. Now drew the Election on a pace for Consuls, which thing prevented him afore he had brought his devises to full ripenes and perfection. Consull was created L. Quintius Capitoli∣nus the sixt time, a man most unfit for his turne, that should go about innovations and to change [unspec K] the state: & with him was joined Agrippa Menenius, surnamed Lanatus. And L. Minutius was either made again the master victualer, or els created he was at first without limitation of time, to conti∣nue so long as the case should require. For there is no certaintie thereof, but only the name of Corne-master, recorded both years in the linnen Bookes or Registers among other magistrats. This Minutius was vigilant, and as carefull for the common-weale, as Melius for his privat wealth: and upon occasion that men of the same qualitie, to wit, the Commons, were conversant in both houses, namely in his owne and in the house of Melius, he came to the knowledge by their meanes, of Melius his treason: and declared unto the Senat the whole complot. Namely, That there was armour and weapons good store, carried into the house of Melius: that he kept con∣venticles there, & made seditious Orations, and that it was past all peradventure that he practised [unspec L] to be King. As for the time of working the feat and to put it into action, as yet it was not determi∣ned & certainly known: all other things were alreadie agreed upon. Item that the Tribunes were bribed and hired to sell and betraie the libertie of the citie: That to certaine chiefetaines of the multitude divers charges were appointed. And herewithall, he excused himselfe (and said) That because he would not be reputed the authour of any uncertaine or vaine intelligence, he uttered these matters somewhat with the latest, and later well nere, than might stand with the common safetie of the Weale publike. Which newes after they were heard, and that on every side the chiefe Senatours had given both the Coss. of the former yeare a check, for that they had suffered those Largesses of corne, and tollerated meetings of the Commons in a privat house: and rebu∣ked the new Consuls also, for that they had staied so long and waited till a matter of so great im∣portance [unspec M] was by the corne-master detected and declared unto the Senate, which required a Cos. to be not onely the enformer, but also the reformer: Then T. Quintius answered, That the Con∣suls were blamed without just cause, who being bridled with the lawes of appealing, tending to the great prejudice and disanulling of their soveraigne government, had not commission suffi∣cient

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[unspec A] by vertue of their place, to punish the thing according to the hainousnesse and qualitie thereof, as they had courage and heart thereto: and that there was need now, not onely of a va∣liant and stout man, but also of one that was freed from all bonds of lawes and tied to none. And therefore he would name L. Quintius for Dictator: in whom there was courage answereable to to that absolute authoritie. When all men liked well thereof: Quintius himselfe at the first re∣fused: demanding what they ment, to object and expose him, an unweldie man and so far stept in years, to so great a trouble, and manifest danger. Afterwards, when as they replied on all hands, and alledged how in that heart of his for all his age there was more valor, and in his head more pollicie than in all men besides; heaping on him right due and deserved praises, and commen∣dations; and whilst the Consull also importuned him still and gave not over: then Cincinatus, [unspec B] after he had praied to the Gods immortall, that his decrepit old age in so fearefull a case, might not turne either to the losse or dishonour of the common-wealth, was by the Consull pronoun∣ced Dictator. And he forthwith nominated C. Servilius Hala Generall of the horsemen. The morrow after, when he had set and disposed certaine guards, in divers places of the cittie, and was come down into the Common place: the common people wondring at the strangenesse of the matter, had their eies upon him: and the adherents and complices of Melius, and he himselfe their captaine, saw well that the force and power of this so great a magistrate was bent against them. But they that were not acquainted with those plots and dessignes that tended to the set∣ting up of a king, asked one another, what tumult or sodaine war, should require either a Dicta∣tours majestie, or that Quintius after sourscore yeares of age, should be the onely Ruler of the ci∣tie. [unspec C] With that, Servilius the Generall of the horsemen was by the Dictator sent to Melius: Who said unto him, The Dictator calleth thee. Wherat he being affraid, asked again, What he would? and Servilius said, That he was to make his answere and purgation, of a crime that Minutius had enformed against him, before the Senate. Then Melius began to retire himselfe backe into the rout of his followers, and looking about at the first, shrunke onely away from him, and refused to obey. At the last, the Apparitor at the Generall of the horsemens commandement, began to force him to go with him: but he being rescued by the standers by, found his feet and began to flie, & be sought the aid of the comminaltie of Rome: saying, That the faction of the Nobles conspired his overthrow, and persecuted him for the good he had done unto the Commons, and for his liberalitie bestowed upon them: beseeching them to help him in that extremitie, and [unspec D] not to suffer him to be murdered asore their face and in their very fight. As he spake these words, Hala Servilius overtooke him, and killed him outright: and being spreint with his bloud thus staine, and guarded with a crew of tall gentlemen of the Nobilitie, he bringeth word to the Di∣ctator, how Melius being cited to come unto him, put backe the Apparitor, and raised the mul∣titude: and now had suffered due punishments for his deserts. Then (quoth the Dictator) On forth in this valour and vertue of thine, ô C. Servilius, thou deservest great praise, and hast delive∣red the common-wealth this daie from Tyrannie. Then as the multitude murmured and made a sturre upon some doubt, what they should thinke of the fact, and what might bee the occasion therof; he commanded them to assemble together, and openly avowed the deed, and pronoun∣ced that Melius was justly slaine:* 1.7 yea, albeit he had been cleere from seeking to be king: for that, [unspec E] being summoned and convented before the Dictator, and that by the Generall of the horse∣men, he refused and came not: for my selfe (quoth he) was set judicially to examine and inquire of the cause: & upon the triall therof, Melius should have sped no worse than his cause deserved: but because he went about by violence to withdraw himself from judgement, by violence therfore was he restrained. Neither was he to be proceeded against as a citizen, who being borne in a free state, where justice & law were in force: and in that citie, wherout he was not ignorant that the K.K. were sometimes expelled: and where in one & the same year, Collatinus sisters sons, and the sons of that Cos. that was deliverer of his countrie, detected of a complot and conspiracie of receiving again into the citie the KK. bloud, were by their own father beheaded: out of which citie, Tarqui∣nius Collatinus Cos. for the detestation only of the name being commanded to give up his office, [unspec F] suffered exile: in which cittie, many yeares after Sp. Cassius for practising and plotting only to be King, suffered condigne punishment: wherein also of late time, the Decemvirs, for a tyrannicall pride, were deprived of their goods, banished their countrie, and berest of their lives. That in the same cittie (I say) Sp. Melius should conceive any hope of reaching to a kingdome? And a man (I pray you) of what qualitie and condition? And yet, no gentilitie of birth, no dignities nor de∣serts

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serts were sufficient to make way to any for lordly rule and tyrannie.

* 1.8 Howbeit, the Claudij and [unspec G] Cassis, by reason of the Consulships and Decemvirships of their own, by reason of the honoura∣ble estate and reputation of their auncestors, & the worship and glory of their linage, tooke upon them, became hautie and proud, and aspired to that, wherunto Sp. Melius had no such meanes to induce him : who might have sit him downe, well enough, and rather wished and praied to God, than hoped once for so much, as a Tribuneship of the Commons. And supposed he, being but a rich corne-mudgin, that with a quart (or measure of come of two pounds) hee had bought the freedome of his fellow cittizens? or thought he by casting morsels of bread and victuals asore the common sort, that the victorious people, conquerours of all nations about them, might be allured into thraldome? & whom the cittie could hardly brook to be a Senator, him they should indure their King, to have the regall ensignes and the government of Romulus, [unspec H] the first founder of the cittie, descended first from the gods, and to them ascended up againe; why, it was a thing not so wicked as monstrous. Neither was this act sufficiently satisfied for, with the sheading of his bloud, unles the house and wals, within which so horrible madnes was con∣ceived and forged, were cast down & rased: and unles these goods, which were tainted & infected with the prices and hire that should have purchased the kingdome, were forfait and confiscate.
He commanded therefore the Questors, to sell those goods, & to bring the mony into the com∣mon Treasurie. And then he caused forthwith his dwelling house to be overthrowne and made even with the ground, that the plot or floure thereof, might be a monument of a wicked attempt, smothered and stifled in the very hope and hatching therof. This is the place which was called af∣terwards Aequimelium. As for L. Minutius he had an oxe with guilded hornes given him for an [unspec I] honour and reward, without the gate Trigemina. The Commons therewith were not miscon∣tented, for that to them he devided Melius his corn, at the price of one * 1.9 Asse a * 1.10 Modius. Among some authors I find, that this Minutius forsooke the Nobles and went to the Commons, and was taken in to be the eleventh Tribune of the Commons, and appeased the mutinie that arose upon Melius his death. But it was not like that the Senatours suffered the number of the Tribunes to be increased : and especially, that such an example should be given and taken up by a man of their coat : or that the comminaltie would not keepe it still, if it had ben once allowed, or at least wise attempt it againe. But above al, this confuteth & reproveth the false title of Tribune set upon his image, for that a few years before, it was by a statute expresly provided, That Tribunes might not chuse and take untothem a colleague in office. Q. Cecilius, and Q.Iunius, and Sextus Titinius [unspec K] were the only men of all the colledge of Tribunes, that propounded not the law for the honor of Minutius : but rather accused unto the Commons, both Minutius and Servilius, and ceased not to make complaint of the cruell and unworthie death of Melius : and in fine prevailed so much, that there should be an Election for Militarie Tribunes rather than for Consuls : nothing doub∣ting, but it six were chosen (for so many at that time might be created) some of the Commons also, by promising to revenge the death of Melius, might step in and be elected. The Commons for all they were tossed that yeare with many and sundrie troubles, chose no more than three Tri∣bunes with Consuls authoritie; and among them, L. Quintius the sonne of Cincinnatus: Vpon the hard conceit and hatred of whose Dictatorship past, they thought to picke some occasion ofquarrell and tumult: and Mamercus Aemylius, a man of great credit and reputation, was by voi∣ces [unspec L] preferred afore Quintius, and obteined the first place. And L. Iulius they created for the third.

Whiles these bare soveraigne rule, Fidene the Colonie of the Romanes, revolted to Lars To∣lumnius, the king of the Veientians, and to the State of the Veientians. And besides their revol∣ting, a more horrible fact they committed.* 1.11 For at the commandement of Tolumnius, they slew C. Falcinius, & C. Iulius, Sp. Nautius, & L. Roscius the Roman Embassadors, who came to demand the cause of this their change and suddaine alteration. Some here doe excuse and elevate the act of the king, saying, that upon a luckie cast of dice he uttered a doubtfull speech, which was by the Fidenatians so taken, as though he seemed to bid the Embassadours to bee killed, and that (sorsooth) was the occasion of murdering the Embassadours (a thing incredible, that at the com∣ming [unspec M] in of the Fidenatians, his new allies, who were to consult with him and ask his advise, about a murder that should breake the law of Nations, his mind should not be turned away from ear∣nest studying about his game) and so this hainous fact proveth to be but an error. More credible it is, that he had a further meaning and deeper reach: namely, that the people of the Fidenatians

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[unspec A] A should be bound unto him, and onely relie upon him, being attaint with the guiltinesse of so soule a murder, and not to looke and hope for any mercie or meed at the Romanes hands. The Statues of these Embassadours which were at Fidene murdered, were set up openly at the char∣ges of the citie in the Rostra. [A publick crosse (as it were) or pulpit in Rome, out of which the Magi∣strats made Orations to the people, beautified with the beakheads-of ships and their brasen pikes, called Rostra.] Thus was there like to be a cruel conflict with the Veientians, & Fidenates. Who besides that they were people confining on their frontiers, had also in the beginning of their war given so wicked & horrible a cause of quarell. Therfore when as the common people and their Tribunes, in regard of the care for the publicke State, were at quiet; there was no question, but that M. Ge∣ganius Macerinus the third time, and L. Sergius Fidenas (named (I suppose) so, upon the war which [unspec B] afterwards under his conduct was fought) should be created Consuls. For this man first encoun∣tred with the king of the Veientians on this side * 1.12 Anio, & gat the victory: but not without much bloudshead of the Romanes. So that the greefe was greater for the losse of his owne souldiors, than the joy for the discomfiture of his enemies. And the Senate, as in all fearfull times and dan∣gerous occurrents, ordained Mamercus Aemylius to bee created Dictator. Who, out of the bro∣therhood of Tribunes militarie in Consuls authoritie, the yeare before, named for the Generall of his horsemen, L. Quintius Cincinnatus, who had beene a Tribune with him, a toward young Gentleman, and a worthie sonne of so worthie a father. To those souldiors that were by the Con∣sull mustered and levied, were the old Centurions, experienced and skilfull warriors, adjoined: and the number of those, which in that last battaile were slaine, was supplied. The Dictator com∣manded [unspec C] to follow him as Lieutenants, Quintius Capitolinus, and M. Fabius Vibulanus. This grea∣ter power and authoritie, and the man likewise nothing thereto inferiour, drave the enemies out of the Romane ground, & set them farther off, even beyond Anio. Who removing their campe still backward, seized upon the hils betweene Fidene and Anio: neither durst they come downe from thence into the open plaines, before that the Legions of the Falisci came to succour. Then at length, the Tuscanes encamped themselves under the wals of Fidene. And the Roman Dicta∣tor likewise rested and abode upon the banckes of the Confluent (where both rivers runne into one) and flanked himselfe there by. And when he had cast up a trench & rampier afront, reaching acrosse from the one river to the other, the morrow after he brought his power forth, & set them in order of battaile. The enemies were of sundrie minds. The Faliscians, who hardly could away [unspec D] long souldierie farre from home, and trusting withall in their owne selves, that they were good ynough, required battaile. The Veientians and Fidenates had more hope in drawing out the war on length. Tolumnius, albeit the advise of his owne men liked him better, yet because the Falisci∣ans should not indure lingering warfare, sendeth a trumpet, and proclaimeth battaile against the morrow. The Dictator and the Romanes, for that the enemies for the present, shifted off fight, tooke more heart unto them: and on the next morning, when as now the souldiours gave out brave words, and menaced, That unlesse they might have battaile, they would assault both the campe and the towne: the armies of both parts came forth into the middest of the plaine, be∣tweene the two campes. The Veientians, as being more in number and having to spare, sent cou∣vertly out certaine companies to fetch a compasse behind the hils, who in the time of the con∣flict [unspec E] should set upon the Romane campe. And in this order stood the maine armie of three nati∣ons together embattelled. The Veientians kept the right point, the Faliscians the left, and the Fi∣denates the middle of the battell. The Dictator in the right point advanced his standard against the Faliscians, and on the left Capitolinus Quintius charged the Veientians: and against the maine battell betweene both, marched the Coronell of the Cavallerie, with his cornets of horse. Thus as they stood araunged in battaile array, for a prettie while was there silence on either side, and all quiet. For neither would the Tuscanes begin first, unlesse they were urged: and the Dictator loo∣ked eftsoones backeward toward the Capitoll of Rome, that the Augurs should set up a signall aloft (as it was agreed betweene them) so soone as the flight of fowles gave approbation accor∣dingly: which he no sooner espied, but he put out presently the men of armes, with a great shout [unspec F] against the enemies. The armie of the footmen followed hard after in the taile, and seconded them with a lustie charge. But on no hand were the Tuscane legions able to abide the force of the Romanes. The Cavallerie stood hardest to it, and made head still. For the king himselfe, the best horseman and most valiant of them all, when as on every side his enemies charged & prea∣sed sore upon him, rode afront them, held out and maintained fight. There chanced then to be

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among the Romane horsemen, a Tribune or Marshall, one A. Cornelius Cossus, a goodly tall [unspec G] man of bodie, and as valiant and strong withall. Who set before his eies the noble house from whence he was descended, and carried this mind, as it was right honorable alreadie by his aunce∣stors, left him so to recommend the same to his posteritie more glorious & renowned.

This man seeing the troups of Romans, waving to and fro, for fear of the violence of Tolumnius, which way soever he bent and turned; and knowing him by his rich and roiall furniture, wherein hee bare himselfe like a brave knight, riding all over the battaile. Is this (quoth hee) the forswome breaker of humane league, is this hee that hath violated the lawes of armes, and of Nations. Now will I presently, if it be Gods will that anything in the world shall remaine wholly and inviolate, be his priest, I will sacrifice & betake him to the ghosts of our Embassadors deceased.
Herewith, setting spurs to his horse, with bent speare in rest, he rode full against that one enemie, singled from the [unspec H] rest; smote him, & dismounted him from his horse. Then bearing upon his staffe, alight presently on foot, & as the king was getting up again, he overthrew him backward with the bosse of his tar∣get, and laid him streaking along, and after many wounds given him, at length fastened him with his speare to the very ground. And when as he was once dead, he disarmed and despoiled him, and strake off his head: and carrying it aloft on his launce, presented a fearefull spectacle to the ene∣mies of their king slain, and so discomfited them. Thus was the strength of the horsemen defea∣ted also, which onely had made the battaile doubtfull. The Dictator having put likewise the legi∣ons of footmen to flight, pursued them still, and drave them to their fort, killing them all the way in the chase. Many of the Fidenates which knew the coasts of the countrie, fled into the moun∣taines, [unspec I] and escaped. Cossus with his horsemen passed over Tyber, and brought home into the cit∣tie a great bootie out of the countrie of the Veientians. As this battaile was in fighting, there was a skirmish also in the Romane campe, with that part of the forces, which (as it is aforesaid) was sent by Tolumnius to surprise it. Fabius Vibulanus first defended the rampier, ordering his men all withinforth, in compasse like a garland: and while the enemies were wholly bent about the assault, he with the Triarij or souldiours of the rereward, suddainely issued forth at the gate, cal∣led Principalis, on the right hand, and gave an hot charge upon them. Vpon which they were af∣frighted, but there ensued the lesse slaughter, because the number was smaller. Howbeit, they fled no lesse in disarray, than those in the very battaile. Thus the Dictator having prosperous successe every where, returned with triumph into the cittie, by the decree of the Senate, and graunt of the people. In which triumph the greatest shew and goodliest sight of all, was Cossus, bearing the rich [unspec K] and roiall spoiles of the king, slaine by his owne hand. For of him the souldiours chanted diverse rude ballades without rime and metre, comparing him in their songs with Romulus. Which spoiles, with a solemne manner of dedication, he bestowed and hung up in the temple of Iupiter Feretrius, neare unto those of Romulus, which were the first and only spoiles, untill that time, cal∣led Opima Spolia. And as he went, he withdrew from the Dictators chariot, the eies of all the peo∣ple unto himselfe, and he in manner alone, carried away the magnificence and glorie of that fea∣stivall day. The Dictator by order from the people, presented in the Capitoll for the honour of Iupiter, a golden crowne, weighing one * 1.13 pound weight, raised out of the common mony of the cittie.

Thus have I set downe (as following all other writers before me) that Aulus Cornelius Cossus, [unspec L] a Colonell or Marshall, brought into the temple of Iupiter Feretrius, the second roiall spoiles. Howbeit, over and besides, that those spoiles onely are by right accounted Opima, or roiall, which a Generall hath taken from a Generall, and we acknowledge none for Generall, but him under whose conduct and high Commission a warre is managed, the very title also written upon the spoiles, doth check and reprove both them and me. The words wherof are these, THAT COSSVS BEING CONSVL, VVAN THOSE SPOILES. When I once heard say, that Augustus Casar him∣selfe, the founder or repairer of all temples, entred into the house of Iupiter Feretrius, which hee reedified, being by injurie of long time fallen to decay, and read it so written in a linnen jacke or curaze: I thought it little better than sacriledge, to discredite and cancell the testimonie of Cos∣sus himselfe concerning his own spoiles, and of Augustus Casar, the benefactor of that very tem∣ple. [unspec M] Which error, if it grow hereon, That so ancient records and Chronicles, and that the books of the Magistrates, which being of linnen, and laid up in the temple of Moneta, Macer Licinius doth estsoones quote and cite as his authors, do represent unto us A. Cornelius Cossus, the seventh yeare after Consull, with Titus Quintius Pennus: let every man abound in his owne sence, and

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[unspec A] have his opinion by himselfe freely. For more than all this may be alledged to prove, that so fa∣mous battaile could not bee transferred to that yeare: because that for three yeares space about the Consulship of Cossus, there was no warre at all, in a maner, by reason of pestilence, and dearth of corne: so as some records, as it were, mourning, and bewraying the calamitie of the time, de∣liver unto us nothing but the bare names of the Consuls. In the third yeare, after that Cossus was Consull, hee was Militarie Tribune in Consuls authoritie, and in the same yeare Generall of the horsemen also: in which governement hee fought another notable battaile with horsemen. But hereof a man may conjecture and guesse what he will. But (as I thinke) wee may tosse these things of small importance, to and fro, according to every mans opinion: and when all is done, the au∣thor of this battaile his owne selfe, having set up these fresh and new spoiles in a holy place, in the [unspec B] sight of Iupiter himselfe standing thereby, to whom they were vowed, and Romulus also, two wit∣nesses, not to bee despised nor abused with a false title, hath written himselfe, A. CORNELIVS COSSVS CONSVIL.

When Marcus Cornelius Maluginensis and Papyrius Crassus were Consuls, the armies were led foorth; the one into the Veientians countrie, and the other into the Faliscians, and boo∣ties both of people and cattaile were from thence driven and caried away. As for the enemies themselves, no where in the countrie were they to be seene, nor any battaile was fought: and yet for all that, the townes were not assaulted, because the people at home died of the pestilence. And within the cittie, Sp. Melius Tribune of the Commons sought occasions and pretences to move seditions, but without effect. Who supposing by the popular favor of his name to prevaile [unspec C] and raise some mutinie, both arrested Minutius to make his answere, and also put up a bill for the confiscation of the goods of Servilius Hala: laying hard to Minutius his charge, that Melius was falsely accused and circumvented by him: and burdening Servilius with the murdering of a cittizen uncondemned. All these surmises were with the people of lesse credit and importance, than the author himselfe. But the violence of the sicknesse still increasing more and more, trou∣bled them: besides the fearfull and strange prodigious tokens: but especially, the fresh newes that divers houses in the countrie were by many earth-quakes cast downe. Whereupon the peo∣ple went in solemne procession and made their supplications, whiles the Duumvir going afore pronounced the praiers, and the people said after him word for word. But the yeare following, when C. Iulius the second time, and L. Virginus were Consuls, was more contagious by reason [unspec D] of the plague, and caused both in towne and countrie, so great a feare of utter desolation, that not onely there were none set forth in any rodes without the territorie of Rome to raise booties, whiles the Nobilitie and Commons had no mind of making warre: but the Fidenates also of their owne accord, who before time had kept themselves either within their ownes, or moun∣taines, or fortresses, entered now into the lands about Rome, and forraied all the countrie. After this, having gotten also unto them a power of the Veientians (for the Faliscians could not be induced either by the calamitie of the Romaines, or praiers of their confederats, to take arms againe) these two nations passed over Anio, and not farre from the gate Collina displayed their ensignes. So the feare was no lesse within the cittie than in the countrie. Then Iulius the Con∣sull bringeth the forces abroad, and placeth them upon the rampier and the wals: whiles Vir∣ginius [unspec E] assembled the Senate in the temple of Quirinus, for to aske their opinion. Where agreed it was, to create for Dictator, A. Servilius, surnamed (as some say) Priscus, or as other, Structus. Virginius making no longer staie than untill he had consulted with his colleague, by his permissi∣on declared the Dictator in the night season. And he nominated for his Generall of the Caval∣lerie, Posthumius Ebutius Helua. The Dictator commaunded every man to be readie without the gate Collina, by the breake of day: and so many as were able to beare armes were in a readinesse. The standerds and ensignes were taken forth of the treasurie or chamber of the cittie & brought to the Dictator. Whiles these things were in doing, the enemies were retired and with drawne to the higher grounds and places of advantage: and thither marched the Dictator, with his ar∣mie in order of battell. And encountring with them not farre from Nomentum, he discomfited [unspec F] the legions of the Tuscanes, and drave them into the towne of Fidenae, and cast a trench about it. But neither could the towne be scaled for the high site thereof and the strong wals about it; and to laie seege unto it might not availe: for that they had come not only to suffice the ordina∣rie need of men besieged, but also plentie to spare, of their old store and provision gathered afore∣hand. Thus the Dictatour being without all hope both of winning it by assault, and also of for∣cing

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them to yeeld by composition, purposed in certaine places for the neerenesse to him well [unspec G] knowen, at the backside of the cittie which was slenderly guarded, most neglected, and for the naturall situation the surest, to undermine unto the castle. And he himselfe in places farthest off from thence, approched close under the wals,* 1.14 with his armie devided into foure parts, to succeed one another by turnes in order: and so, by continuall skirmishing day and night, he kept the ene∣mies at a bay & withdrew them from all perceiving and intelligence of the worke under ground: untill such time as by digging through the hill from the campe, there was a way and passage made straight up into the castle. And when as the Tuscanes were wholly amused upon the vaine threatnings, and bravadoes of their enemies before them, nothing minding the present danger wherein they stood: behold, the al'arme of their enemies even over their heads, made an ascrie, that the towne was taken. In this yeare Cn. Furius Pacilius and M. Geganius Macerinus, Cen∣sors, [unspec H] appointed and dedicated the Large Hall,* 1.15 named Villa Publica in Mars field: and there first by them was held the Sessing and numbering of the people. I find in Macer Licinius, that in the yeare following, the same Consuls were made againe, namely Iulius the third time, and Virgini∣us the second time. But Valerius Antias and Q. Tubero, do name M. Manlius and Q. Sulpitius for the Consuls that yeare. Howbeit in so different a report, both Tubero and Macer professe that they followed the linnen Records: and neither of them both conceale, that which the aun∣cient writers have set downe, namely, That the same yeare were Tribunes militarie, in Consuls authoritie. Licinius without doubt is addicted to those linnen Registers, & Tubero is uncertaine of the truth. But among other antiquities, not knowne by reason of long time, this also is left in doubt and not cleared.

After the winning of Fidene, great was the feare in Hetruria: whilst not only the Veientians [unspec I] were scared, fearing the like destruction: but the Falisci also, remembring the warre begon first with them,* 1.16 albeit they were not assistant in their rebellion. When as therefore these two States had sent their embassadours abroad to the twelve Citties about them, and obtained a Diet or generall parliament of all Hetruria should be assembled at the temple of * 1.17 Votumna: the Senat, as if some great troubles were like thereof presently to ensue, thought good that Mamercus At∣milius, should be created Dictatour he second time. By whom, A. Posthumius Tubero was na∣med Generall of the horsemen. And with so much greater endevour made they preparation of armes than in the last warre afore, by how much more danger there was from all Hetruria ban∣ded together, than had been from two nations combined & no more. But this busines was much [unspec K] more quieter than all men looked for. When as therfore news came by merchants, that the Vei∣entians were flatly denied helpe, and bidden to end that warre by their own meanes and forces, which they had begon on their owne heads: nor seeke to imbarke them in the association of their miserie and adversitie, unto whom they had not imparted their mind and hope in their upright state, and when they were in their ruffe: then the Dictatour, to the end he should not seeme to be created in vaine, seeing all matter of acquiring renowne by warre was cut off, desirous yet in time of peace, to doe some notable piece of worke for a monument, setteth in hand to abate and diminish the Censorship: either supposing it to be too high an office, or else offended not so much with the greatnesse of the honour, as with the continuance and length thereof.

Having therfore assembled all the people together:* 1.18 For as much as the immortall Gods (quoth he) have [unspec L] undertaken to governe the common-weale abroad, and performed all safe and sure: I for my part concerning that which is to be done at home within the wals, will take order and provide for the freedome of the people of Rome. The greatest preservation and defence whereof, resteth in this, when offices of great command are not long enduring: but when they be limited by terme of time which may not be restrained or gaged in jurisdiction. As for other magistracies they are from yeare to yeare: but this of the Censors continuing five yeares, is very heavy and grievous. And hard it is for men to live so many years, even a great part of their life, in danger of the same rules still.
Minded therefore I am, to propose a law, That the Censorship continue no longer than one yeare and six moneths.* 1.19 with great applause and consent of the people, the next day after, he both published the law and enacted it. And now that ye may (qd. he) ô Quirites, know [unspec M] in very deed, how I mislike of these long lasting offices, here presently I render up my Dictator∣ship. Thus having given over his owne place, set a limitation to the rule of others, and absolut∣ly ended one, with exceeding congratulation and favour of the people he was brought home to his house. The Censors taking it grievously that Mamercus had abridged an office of the peo∣ple

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[unspec A] of Rome, displaced him from his own tribe, laying on him an eightfold taxe in the subsidie booke, disfranchised and disabled him from giving his voice, and made him no better than a Tri∣butarie. Which disgrace (they say) he tooke with a noble stomack,* 1.20 looking rather to the cause of this shamefull note, than to the ignominie it selfe. Moreover the Lords of the Senat, albeit they were willing enough that the Censorship nailes should be pared and their power taken downe, were offended yet, with this example of the rigour and severitie of those in place: for as much as they all saw plainly, that they should be both longer time and oftner under Censors; than Censors themselves. But so great an indignation of the people (by report) grew hereof, that by the authoritie of no man but of Mamercus himselfe, could they be restrained from offe∣ring violence to the very persons of the Censors. And the Tribunes of the Commons, with [unspec B] their continuall orations and remonstrances, prohibited the Election of Consuls. When as the matter was well neare brought to the point of an interreigne, they obtained at length with much heave and shove,* 1.21 that there should be militarie Tribunes chosen, with Consular authoritie. But reward of this their victorie whereat they shot, could they get none: namely, that a commoner might be chosen for one. They were all of the Nobilitie that were created, to wit, M. Fabius Vi∣bulanus, M. Folius, and L. Sergius Fidenas.

The plague that yeare was the occasion of quietnesse from all other troubles. A temple then was vowed to Apollo for the health of the people. Howbeit, great losse was there both in towne and countrie, by the mortalitie of men & moraine of cattaile, one with another indifferently. And fearing least the husbandmen of the countrie should bee famished, they sent for corne into He∣truria [unspec C] and the countrie of Pomptinum, to Cumes, and at last even into Sicilie. And not a word all this while about the election of Consuls. So there were militarie Tribunes elected, with Con∣suls authoritie, all againe of the Patritij, namely, L. Pinarius Mamercus, L. Furius Medullinus, and Sp. Posthumius Albus. That yeare the violence of the sicknesse abated: neither was there any danger or feare of scarsitie of corne, because they had made provision aforehand. Great sitting and consultation there was in the generall Diets of the Volicians and Aequians, and in Hetruria at the foresaid Temple of Volumna about making war. There, the matter was put off for one whole yeare: and by an act or decree it was provided, that no assembly or parliament during that time should be held: notwithstanding the people of the Veentians complained, but all in vaine, that the same fortune was like to happen unto Veij, which had fallen alreadie upon Fidene, even [unspec D] the utter subversion of the state. In this meane season, at Rome the chiefe heads of the Com∣mons having aspired and gaped now a long time, but still in vaine, after higher place of digni∣tie and honor, tooke their vantage whiles all was quiet abroad, and began to have their conven∣ticles and meetings in the houses of the Tribunes, and there entertained secret counsels. Some complained that they were much despised of the common people: for wheras in so many yeares, there were Tribunes militarie created with Consuls authoritie, yet never was there' any one of the comminaltie advanced to that dignitie. Our forefathers (say they) in great wisedome and deep forecast, have done well to take order, that none of the Nobilitie at any time should have accesse to any office of the cominaltie: for if that were not, the Commons should have had ere this, some of the Patritij for their Tribunes: so odious are we become to those of our owne cote, and are as [unspec E] little set by of the Commons as of the Nobles. Others excused the people, and laied the fault upon the Senatours: by whose ambition, by whose craftie fetches and subtill pollicies it came to passe, that the Commons were stopped from the high way to advancement and promotion. But if the Commons might have any respite or breathing time, and not be sollicited and temp∣ted by their praiers interlaced with threats: they would remember themselves and those of their owne calling, in giving of their voices: and having once gotten assistance unto them, would also winne the highest pitch and soveraigne type of authoritie. For the abolishing therefore of this ambitious seeking and standing for offices, they agree and resolve, that the Tribunes should pre∣ferre and publish a lawe, that no man might weare white more than ordinarie, or refresh the bright hew of his upper garment, while he sued for any dignitie. A small matter now a daies [unspec F] and may seeme scarcely worth the debating in serious counsell, which notwithstanding at that time, set both Nobles and Commons in a great heate of contention. Yet obtained the Tri∣bunes so much, that this law passed: and it appeared, that the Commons when their bloud was once up, would affect their owne, and wholly incline to them in their suffrages. But to the end that they might not have their full scope and put it in practise, an Act of the Senat was, that

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there should be held an Election of Consuls. The occasion thereof, was a tumult or commoti∣on: [unspec G] which, as the Latines and Hernicks advertised them, arose from the Aequians and Volsci∣ans. T. Quintius Cincinnatus, the sonne of Lucius (surnamed also Pennus) and C. Iulius Mento were elected Consuls. Neither was this fearefull newes of warre entertained any longer. For the ene∣mies having by a sacred law (which amongst them was of greatest force to levie an armie) muste∣red their power, set foorth two mightie armies from both parts, into Algidum, and there met. Where the Aequians and Volscians, severally by themselves encamped strongly, and more ear∣nestly studied the captaines to fortifie their campes, and to traine and exercise their souldiours, that at any time afore. Whereupon, the newes was more fearefull that the messengers brought to Rome. So the Senat agreed to create a Dictatour. For, although those nations oftenuines had been vanquished by them, yet now they rebelled in more forcible maner, and with preparation, [unspec H] than at any time before. Also, by reason of the late sicknesse, the youth and flower of the Romans was sore diminished. But above all, the private discord of the Consuls one with another, and the debate and difference in all their counsels, terrified them most. There bee that write, how these Consuls had but unluckie fortune, and lost a field in Algidum: and that it should be the cause of making a Dictatour.

But this one thing is certaine, that howsoever els the Consuls disagreed, yet they jumped in one to crosse the wils of the Senatours, in that they would not nominate a Dic∣tatour, untill such time as, after newes brought, still worse and worse, and yet the Consuls would not bee ruled by the Senatours: one Quintus Servilius Priscuss, a man, who right wor∣thily and honourable had borne the highest offices,* 1.22 made this speech: My Maisters, yee that are Tribunes of the Commons (quoth hee) in this exigent and desperate case, the Senate [unspec I] calleth for your assistance, that in so great hazard of the Commonweale, yee by vertue of your authoritie, would force the Consuls peremptorily to make a Dictator.
Which speech being once heard, the Tribunes supposing now they had good occasion offered, to stretch and extend their power to the full, departed aside: and in the name of their Colledge or societie, pronoun∣ced, That it was their pleasure and will, that the Consuls should be obedient unto the Senat: and in case they proceeded to doe farther, than the consent of that most honourable house would beare them out, they would command them to ward. The Consuls chose rather to bee overruled of them than of the Senat: saying yet withall, that the prerogative of the highest governement was by the Senatours betraied, and the Consulship made thrall and subject to the Tribunes po∣wer, if so be the Consuls might be compelled to doe ought by vigour of the Tribunes authori∣tie, [unspec K] and (than which, a private person could feare no more) bee sent also toward, or committed to prison. The lot fell to T. Quintius (for in this also they could not agree betweene themselves) to nominate the Dictator: who named A. Posthumius Tubertus, his wives father, a grim sir, and a man of most severe and sterne government. By whom was L. Iulius nominated for Generall of the Cavallerie. Herewithall was proclaimed a vacation or lawsteed, and that throughout the whole citie they should goe in hand with nothing but warre. The taking knowledge of such, as pretended to bee freed and exempt from souldierie, was put off untill the war was ended. So that they that were before doubtfull, suffered themselves to be enrolled: and souldiors were levied out from the Hernikes & Latines, who from both places obeied the Dictator to their uttermost. All these things were dispatched with exceeding expedition. Then the Dictator having left C. Iulius [unspec L] the Consull, for the defence of the citie, and L. Iulius the Generall of the horsemen for all sud∣daine occasions incident unto warres, that they might not be to seek for any thing, whereof they had need in the campe, tooke with him Aulus Cornelius the High priest, and saying after him certaine praiers, word or word, he vowed great and stately plaies, in regard of this tumultuous and troublesome warre: and thus departing from the cittie, and deviding his wholearmie be∣tween himselfe and Quintius the Cos. at length he approched the enemies. And like as they had discovered the two campes of their enemies, a little space distant one from another, so they also, about a mile from the enemie, intrenched themselves: the Dictator neere to Tusculum, and the Consull to Lanuvium. So these foure armies, and as many fortified campes, had a spacious and large plaine in the middle, sufficient not onely for small excursions to skirmish in, but also to dis∣play [unspec M] their armies of both sides. And all the time that they lay encamped one against another, they ceased not to make light skirmishes: for the Dictator was well content, that his men by ma∣king proofe, and comparing their strength and puissance with their enemies, and assaying by little and little to trie the event of these bickerments, should conceive aforehand some hope of

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[unspec A] the entire and generall victorie.

The enemies therefore having no hope left, to speed well in a set field and pight battell, assai∣led by night the Consuls campe, and put all to the hazard of a doubtfull issue. The suddaine crie and al'arme, awakened not only the Consuls Sentinels, his corps de gard, and so his whole armie, but the Dictator also, out of their sleepe. And where need was of present helpe, there failed not the Consull, either in courage or counsell. Some souldiors ward & defend the gates, others com∣passe the trench, ranged in a round array. In the other campe of the Dictator, looke how much lesse stirre there was, so much more leasure had they, and studied what was most needfull to bee done. Forthwith aid was sent unto the Consull his campe, under the leading of Sp. Posthumius Albus, a lieutenant. The Dictator himselfe in person, with part of his power, fetching a small [unspec B] compasse about, gained a place most apart from all noise and tumult, and from whence at una∣wares he might charge upon the backe of the enemies. And leaveth as Vicegerent in the leaguer Q. Sulpitius: and to M. Fabius a Lieutenant, he committeth the conduct of the horsemen, com∣manding him not before day to stirre with his horse, as being unrulie and hard to bee managed in tumults and troubles of the night. And all things els, that a provident and industrious captain in such a case might command and doe, that commanded hee, and did orderly. But for one thing above the rest, he shewed singular proofe of policie and courage, and worthie no meane praise: in that hee sent out first M. Geganius with certain chosen squadrons to assaile that campe of the enemies, from whence hee knew by his espials there was departed a greater part of the forces. Who after that hee surprised the enemies there, amused wholly upon the event of other [unspec C] mens danger, carelesse and secure for their own selves, and therefore neglecting their skouts and guards, wan their hold, in manner before the enemies knew well it was assailed. From whence the Dictator having descried a smoke (which was the signall agreed between them) crieth alowd, that the enemies campe was woon, and commaundeth newes thereof to be carried everie way. Now it waxed broad day light, and all was clearely to bee seene: by which time both Fabius with the horsemen, had given the charge, and the Consull also had made a sallie out of the campe, upon the enemies that now alreadie were feared. But the Dictator on the other side, charging upon the rereward and the middle battaile, came on everie side with his footmen, and horsemen in traine of victorie against the enemies: who were forced to turne round and fight everie way, ac∣cording to the dissonant outcries, and suddaine alarmes. Thus being environned round about, [unspec D] they had in the middest died for it everie one, and suffered punishment due for their rebellion, had not Vectius Messius,* 1.23 one of the Volscians, a man more renowmed for his valiant acts, than noble by his parentage, rebuked with a lowd voice his fellowes, being readie now to cast them∣selves into rings, & said: What? will ye here without making your defence, without revenge, offer yourselves to be devoured of the enemies sword?

What do you with our armor and weapons? Why began yee warre first? Are you troublesome & unrulie in peace, & cowards in war? What hope have yee in standing still? Doe you looke for some god from heaven to protect and deliver you? You must make way by dint of sword. Go to then, and sticke to it like men, and that way whereas yee shall seeme goe afore, follow yee after, as many of you as mind to see againe your home, your parents, your wives and children. It is neither wall, nor rampier and trench, but armed [unspec E] men that must withstand armed men. In valour yee are their matches, but in respect of necessitie, (which is the last and strongest engine of all other) ye are the better. When he had these words spoken, and done accordingly, with a fresh shout they followed after, and made head to that quarter whereas Posthumius Albius had placed against them his cohorts: and compelled the vi∣ctors to lose ground,* 1.24 untill such time as the Dictator came to succour his men, thus distressed and now readie to recule: and so hee bent thither all the force of the whole battaile.
In one only man, Messius, rested all the hope and fortune of the enemies. Many a man was there hurt on both parts, and many a one slain outright, and left dead in the place. So as now the verie Roman Commaunders, fought not without bloudshead. Onely Posthumius being smitten with a stone, which had broken and brused his head, went out of the medley: for neither the Dictator, woun∣ [unspec F] ded as he was in the shoulder, nor yet Fabius, albeit his thigh was almost nailed to his horse, nor the Consull, for all his arme was quite cut off, once retired or departed out of that daungerous combat. But Messius amids the enemies that there lay dead on the earth, with a guard about him of most hardie & tall men, passed through in forcible maner, and escaped clear to the Volscians leaguer, which as yet was not lost: and so the whole battaile enclined thither. The Consull, after

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he had chased them, scattered in plumpes here and there, even as farre as to the trench, assaileth [unspec G] the very campe and the rampier. Thither also bringeth the Dictatour his power on another side. Neither was the assault lesse hote there, than the fight was sharpe afore. It is said moreover, that the Consull threw an ensign within the rampier, to animate the souldiors, that they might more eagerly get up after it: and so by recovering the banner againe, was the first breach and entrance made. Thus the Dictator having broken through the mure, came to close fight and handstrokes even within the campe. Then began the enemies every where to fling from them their weapons, and to yeeld themselves prisoners. So being themselves and their pavillions taken, they were all sold, but those of Senators calling. Part of the pillage was restored to the Latines and Herniks, namely, to as many as knew their own goods: part therof the Dictator sold in portsale. And lea∣ving to the Consull the charge of the campe, rode himselfe triumphing into the cittie, and gave [unspec H] over his office. Of which his noble and famous Dictatorship, they blemish the memoriall, who write, that A. Posthumius (the Dictator his sonne, for that upon advantage offered of a fortunate service, he departed without leave from his quarter and guard) was after his victorie archieved, by his fathers commaundement beheaded. But I list not to beleeve it. And lawfull it is for me so to doe, among so diverse opinions: and a good proofe it is on my side, that such imperious and ri∣gorous proceedings were called Imperia Manliana,* 1.25 & not Posthumiana. For like it is, that he who had given the first example of such crueltie, should have gotten afore all others, that noted title of crueltie. Besides, Manlius it was, that was surnamed Imperious. But Posthumius is not marked with any odious note at all.

C. Iulius Consull, in the absence of his Colleague, without any casting of lots, dedicated the [unspec I] temple of Apollo Quintius having discharged his armie, when hee was returned into the cittie, tooke not that well. But it was no boot to complaine in the Senate house. Moreover in this nota∣ble yeare, so full of brave and worthie acts, there is recorded one thing, that was thought in those daies nothing pertinent to the state of Rome, namely, that the Carthaginians (so great & mor∣tall enemies in time to come) passed the seas then first: and (upon the occasion of civile diffenti∣on and discord among the Sicilians) with a power landed in Sicilie, for to take part with a side and faction. In the cittie of Rome the Tribunes of the Commons laboured, that Militarie Tribunes might be with Consuls authoritie chosen: but it could not be obtained. Consuls were made, Lu. Papyrius Crassus, and L. Iulius. The Aequians Embassadours suing to the Senate for a league, and for that league, pretending estsoones to yeeld themselves, and bee in subjection; obtained a truce [unspec K] onely for eight yeares. The Volscians after their overthrow in Algidum, fell to continuall debate and contention, whiles some persuaded peace, and others war: so long, untill at length they grew to brawles and mutinies. So on everie side the Romanes were at rest. The Consuls understanding that the Tribunes of the Commons were complotted (for one false brother among them be∣wraied and detected all) to put up a bill,* 1.26 and make a law, concerning the estimation of fines and penalties (a thing right pleasing and acceptable to the people) they themselves prevented them, and preferred it. Then were Consuls, L. Sergius Fidenas, the second time, and Iostius Lucretius Tricipitinus. In whose yeare nothing was there done worthie of rehearsall. After them succe∣ded Consuls, A. Cornelius Cossus, and Titus Quintius Pennus the second time. The Veientians made rodes into the lands of the Romanes. And a rumour went, that some of the Fidenatian [unspec L] youths were accessarie unto them, and had their hands therein. For which were appointed as Commissioners to make inquisition, L. Sergius, Quintus Servilius, and Mamercus Aemylius. Some of them were confined to Hostia, for that they could make no sound excuse, and justifie their ab∣sence for certaine daies out of Fidene. So the number of the inhabitants there, was encreased; and their lands, who were slaine in the warres, assigned unto them.

In that yeare hapned an exceeding great drouth. For not onely there wanted raine water from above,* 1.27 but also the very earth lacking her naturall moisture, scarcely sufficed to maintaine the running streame in maine rivers. The scarcitie of water besides about springs that were dried up, and the small rils and brookes caused a great death and mortalitie of cattaile for default of drinke: whereof some died of the scab: by contagion where of the people also were diseased ge∣nerally. [unspec M] The maladie first began among the rusticall sort, the bond-slaves and hines: and after∣wards spred into every corner of the cittie. Neither were men onely tract and diseased with this infection:* 1.28 but their mindes also were troubled and possessed with sundrie sorts of superstitious re∣ligions, and those for the most part strange and forraine: whiles upon vaine and foolish prophe∣sies,

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[unspec A] they brought new rites and ceremonies of sacrificing into mens houses; and made good gaine of such as were given to superstitious devotion, and made conscience of every little thing: untill such time as now it grew to a publike offence, and the chiefe of the cittie were ashamed to see in every streete and chappell, strange and unaccustomed purgatorie sacrifices and expiati∣ons, for to procure the favour & mercie of the Gods. Wherupon the Aediles had in charge and commission, to looke streightly to this disorder: and that no other gods were worshipped, than those of the Romanes: nor after any other manner than had been usuall in their native countrie. So their anger against the Veientians and desire of revenge, was put off unto the next yeare fol∣lowing, when C. Servilius Hala, and L. Papyrius Mugilanus were Consuls. And even then, they made some scruple to proclaime warre immediatly, or to make out any power against them: but [unspec B] they thought good to send their Heraulds afore, to make claime for their owne and challenge restitution. For whereas of late yeares there had beene a field fought with the Veientians be∣fore Nomentum and Fidene: wherupon there followed no peace but onely a truce concluded: both the time was now expired, and also before the daie they had rebelled. Yet were there He∣raulds sent unto them. And when they had demaunded a mends by a solemne oath and other ceremonies according to the auncient manner, they might have no audience, neither were their words regarded. After this, there arose some question, whether the warre should be proclaimed with the peoples allowance and suffrages, or the Senates decree were alone sufficient. The Tri∣bunes by giving out and threatning that they would stop the musters, obtained in the end, that Quintius the Consull should propound this matter concerning the warre unto the people. And [unspec C] it passed cleare through all the Centuries. Herein also had the comminaltie the better of it, for that they prevailed that there should be no Consuls chosen the yeare following.* 1.29 So there were foure Tribunes militarie created with Consuls authoritie, T. Quintius Pennus immediatly from his Consulship. C. Furius, M. Posthumius, and Cornelius Cossus: of which Cossus had the charge and government of the cittie. The other three after they had mustered, tooke a journy to Veij; and made good proofe how hurtfull in warre is the rule of many Commanders. For whiles eve∣ry man was inclined to his owne counsaile and advice, and tooke divers courses one from ano∣ther, they made way for the enemies and gave them advantage. For the Veientians taking their opportunitie and time, entred upon the armie thus distracted, whiles some commaunded to found the retrait, others the al'arme and to strike up the battaile. Whereupon they were dis∣ordered [unspec D] and put to flight. But for as much as the campe was neare at hand, thither they retired themselves in safetie: so, as the shame they gat was more than the harme in this diffeature. The cittie was pensive and hereupon sorrowed, as not used to take foiles and overthrowes. The Tri∣bunes they hated, and required a Dictatour: in whom rested ever the whole hope and stay of the cittie. And when as even in that behalfe, they made a matter of conscience, because there might not be any Dictatour nominated, but by a Consull, the Augurs were consulted withall: who re∣solved them of that doubt and rid them of their scruple. So A. Cornelius (a consular Tribune) nominated Mamercus Aemilius Dictatour: by whom he was himselfe also pronounced Graund Master of the horsemen. At such default was the cittie then, of right valour and true vertue, that notwithstanding the prejudice by the Censors, yet there was no remedie, but the whole govern∣ment [unspec E] of the state should rest upon that family, which had been wrongfully disgraced and unwor∣thely noted by the Censors.

The Veientians proud of their late good successe, albeit they sent their Embassadours about all the nations of Hetruria, boasting and vaunting that in one battaile they had discomfited three Romane Generals: yet could not they with all their solliciting, persuade any to be seene to take part with them in publike action: but they procured divers from all parts for hope of spolle, voluntarily to aid and assist them. The people of Fidene onely agreed to rebell. And as though it had been in no wise lawfull, to begin any warre but with some wicked, heinous and execrable fact: like as asore they had embrude their hands, & bathed their swords in the bloud of Embassa∣dors, so then, they began with murdering their new received Coloners: & so banded themselves [unspec F] with the Veientians. Then consulted the Princes and States of those two nations, whether they should make Veij or Fidene the seat towne of the warre. Fidene was supposed the fitter and more commodious. So the Veientians passed overthe Tyber, and translated the warre to Fidene. Great feare was there at Rome, to see the armie of their enemies removed from Veij, & emplan∣ted at Fidene. And being shrewdly danted by their late overthrow besides, encamped even be∣fore

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the gate Collina. On the wals were armed souldiors placed, vacation in all courts of lawe [unspec G] was ordeined, shop windowes, thutte up; and all more like a leager than a cittie. Then sent the Dictatour the criers about into all streets and carrifours, to summon the cittizens thus ter∣rified, to a generall assemb'y.* 1.30

Where he rebuked them for carrying such wavering and doubt∣full hearts upon so small accidents and events of fortune, having received but a flight losse and finall foile: and that, not through the manhood of the enemie, or cowardise of the Romane ar∣mie; but onely through the disagreement and difference of the leaders. Also for that they were affraid of the Veientian enemie, whom five or sixe times afore they had put to the worst and van∣quished: and especially of Fidene, which had been oftner in a manner won; than asiaulted: As for the Romanes and their enemies (faith he) they are even the same still that alwaies for so many hundred years; they had been: bearing the same minds, the same bodily strength, and the same [unspec H] armour: and even my selfe am the same Mamercus Aemilius, and no other, who heretofore discomfited at Nomentum, the Veientians and Fidenatians, with the Faliscians power also adjoi∣ned unto them. And as for A. Cornelius, he will no doubt be the same Generall of horsemen in this battaile, as in the former warre he was: at what time he being a Knight Marshall, flew Lars Tolumnius the King of the Veientians, in the fight of two armies: and brought into the Temple of Iupiter Feretrius, the rich armour of him despoiled. Wherfore ye ought to remember this, that we have on our side triumphs, spoiles and victorie: whereas with the enemies remaineth the wicked and detestable fact of killing the Embassadours, against the law of all nations: also the massaker of the Fidenatian inhabitants, in time of peace: the breaking of truce, and their revol∣ting now seaven times, to their ruine and overthrow. Take weapon therfore in hand like men: for [unspec I] I trust assuredly, that so soone as we shall joine our campes together, and encounter these most wicked enemies, they shall have no long joie of the late shamefull discomfiture of the Romane armie. And the people of Rome shall understand, how much better they have deserved of the Common-weale, who made me Dictatour now the third time, than those, who for clipping the Censors wings and abridging them of their kingly rule, had disteined and disgraced my second Dictatourship with the shamefull blot of ignominie and reproch.
After this speech, when he had made his vowes accordingly: he encamped a mile and an halfe on this side Fidene, flanked on the right hand with the hils, and on the left with the river Tyber. And commanded T. Quin∣tius Pennus his lieutenant, to gaine the hils afore, and be possessed secretly of that cape or hill, which was on the backe part of the enemies.
Himselfe the next morrow, when as the Tuscanes, [unspec J] (full of pride and stomack for the prosperous successe of former daies, which was much better than their service in fight) came forth into the field: after he had staied a while, untill the scoutes and espials brought word, that Quintius was gotten safely unto the hil top neare adjoyning to the castle or sort of the Fidenatians, he advanceth forth his standerds: and with his footmen ranged in battaile array, marched against his enemies with full pace: commaunding his Generall of the horsemen not to charge without his warrant: for that he himselfe as need should; equite, would give the signall for the aide of his cavallerie to come in, willing him then, to quit himselfe like a brave Knight in remembrance of his glorious combat with a King: of his rich present and ob∣lation: and of Romulus and Iupiter Feretrius.
Thus the legions assaile one another and encoun∣ter right hardily. The Romanes kindled and enflamed with rancour and malice, termed the Fi∣denatians, [unspec L] wicked and godlesse wretches: the Veientians, robbers and theeves; trucebreakers both, polluted with the abominable murder of Embassadours: steined with the execrable massa∣ker of their cohabitants: faithlesse and treacherous allies, cowardly and dastardly enemies: thus both in word and deed they satisfied their hatred to the full. And at the very first shock forced their enemies to shrinke. At which instant all at once, there issued out of the open gates of Fide∣ne a strange armie, not heard of nor usuall, before that day. A mightie number armed with fire∣works, and shining all over with burning lights, after a fanaticall and mad manner, ran as if they were carried with spirits, upon their enemies: and with the uncouth fight of this kind of fight, a∣mased the Romans a pretie while. Then the Dictator busie in fight, having sent both for the Ge∣nerall of the cavallerie with his troupes of horsmen, and also for Quintius from the mountaines, [unspec M] hastened himselfe to the left point: which being terrified with a scarefire more like than a battail, had given place unto the flame, & stepped backe. Where with a loud voice he thus spake: What? wil ye be overcome with smoak like a swarm of bees,* 1.31 & leese your ground, & recule from your na∣ked & unarmed enemies? wil ye not put out this fire with redoubled stroke of brandishing swords?

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[unspec A] And will yee not every man for his part, if we must needs fight with fire, and not with weapons, pull from them their torches and firebrands, and fling them againe at their owne heads? Go to, I say, like hardie men, mindfull of the renowne of Romanes, remembring the prowesse of your fathers, and your owneselves. Turne this fire upon your enemies cittie, and consume Fidene into ashes with her own flames: this disloiall Fidene, which by no favors and good turns of yours, yee were ever able to win & pacifie. The bloud of your Embassadors, the bloud of your Coloners thi∣ther sent to people their cittie, your frontiers and borders by them wasted, put you in mind of no meaner revenge. At the Dictatours commaundement, the whole battaillon was moved and en∣couraged.
Some latch the firebrands as they flew, others by force snatch them from them, so that now both battailes were armed with fire. The Generall of horsemen for his part, renueth [unspec B] the horse-service: commaunding them to plucke the bitts out of their horses mouths, and was the first himselfe, that setting spurres to, rode with bridle in horsenecke, into the middest of the fire: and the other horses also being pricked forward, and eased of their bridles, caried the riders with full cariere against the enemie. The dust rising together with the smoke, took the light from mens eies, and horses both. And that fight which had terrified the souldiours; nothing at all af∣frighted the horses. Wheresoever therfore the men of armes rode, they bare down all afore them as if some houses had come tumbling upon their heads. Herewith happened a new al'arme to be heard, which having caused both armies to wonder and listen thereunto, the Dictator crieth out aloud, That Quintius the Lieutenant and his regiment, came upon the back of the enemies: and himselfe reenforcing the shout, advanceth his ensignes forward more freshly. When as now [unspec C] two armies, and two divers battailes, preased sore upon the Tuscanes, and environned them both before and behind: and that the enemies could neither flie backe to their campe, nor yet retire or withdraw themselves unto the mountaines, from whence a fresh supplie of enemies, made head, and affronted them: and that the horses being unbrideled, carried the riders every way, hi∣ther and thither: the most part of the Veientians ran scattering in disorder, and highing them apace, toward the Tyber: & the Fidenatians that remained, to the citie Fidene. But in that tearfull flight they ran upon their owne death. Some were killed on the banckes of the river, others were driven into the water, and the stream and whirlepits carried them away. And even they that were cunning swimmers, what with wearinesse, and what with faintnesse of their wounds & with fright, suncke and were drowned: so that few of many swam over in safetie. The other armie fled through [unspec D] their campe into the cittie. The same way also the Romanes followed forciblie after: and Quin∣tius especially, together with them who crewhile came downe from the mountaines, and were the freshest souldiors for fight (as who came last into the battell) & so afterwards entred pell mell among their enemies into the gate, climed upon the wals, and from the wals set up a banner to their fellowes, in token that they had woon the towne. Which as soone as the Dictatour espied, (for now by this time had hee made an entrance into the forlorne, and abandoned campe of his enemies) he brought the souldiours, upon desire to run to a spoile, and hoping of a greater sac∣cage in the citie, streight unto the gate. And being gotten within the wals, marcheth directly for∣ward to the castle, whereinto he beheld the multitude to flie for refuge and safetie. The executi∣on in the cittie was no lesse than in the field: which continued untill they threw away their wea∣pons, [unspec E] and craving nothing but life, yeelded themselves to the Dictator. So both citie and campe was spoiled and sacked. The morrow after, the Dictator disposed of his prisoners thus, He drew them by lot, and gave to every horseman and Centurion one, and to as many as had done more valiantly than other, two apeece: the rest he sold in portsale. And so with triumph brought home to Rome his victorious armie, enriched with a great bootie: and having commaunded the Ge∣nerall of the horsemen to resigne up his office, himselfe also surrendreth his owne, upon the six∣teenth day after his creation, yeelding up his government in peace, which in time of war, and in a fearefull state he had received.

There be some that have recorded in their Chronicles, that there was a battaile fought with the Veientians at Fidene by ships upon the water. A thing verily, no lesse impossible than incre∣dible. [unspec F] Considering that even at this day, the river is not broad ynough for such a purpose: and at that time, (as by auncient men we have learned) it was farre narrower than now it is. Vnlesse hap∣ly in crossing over the river some vessels or bottomes, that were put out to meet and to receive them, were staied. And so, men making the matter greater (as usually it commeth to passe) have desired a vaine title of a navall victorie at sea. The yeare following, there were militarie Tribunes,

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with Consuls authoritie, A. Sempronius Atratinus, L. Quintius Cincinnatus, L. Furius Me∣dullinus, [unspec G] and L. Horatius Barbatus. Then was there a truce graunted unto the Veientians for twentie yeares, and to the Aequians for three yeares, whereas they had made suit for more. Rest there was also from all feditions and broiles in the cittie. The yeare following, having neither warre abroad, nor yet fedition at home, was famous yet for the plaies which in time of warre had been vowed: both in regard of the great preparations that the Militarie. Tri∣bunes made, as also for the frequent resort and concourse of the Nations adjoining. The Tri∣bunes with Consuls authoritie, were Cl. Crassus, Sp. Nautius Rutilius, T. Sergius Fidenas, and Sextus Iulius Tullus. The fight of these games and pastimes, whereunto those strangers were come by publick consent of their States, was unto them more acceptable, in regard of the cour∣tesie of those friends that gave them intertainement.* 1.32

After these plaies, there ensued seditious [unspec H] Orations of the Tribunes of the Commons, who rebuked the common multitude, for that they being besotted with admiration of those whom they had so hated, kept themselves in perpetuall thraldome. And not onely durst not attempt to put forth themselves for to bring in againe the possibilitie to have Consuls of their part, as in times past: no nor so much as in the creation of Militarie Tribunes (the Election of whom was indifferent as well for Commons as Nobles) were mindfull or thought either upon themselves or their friends, and those of their owne bodie. And therfore they should surcease to marveile, why no man pleaded for the benefit of the com∣minaltie. For, travaile is well bestowed, and danger well adventured, where profit & honor might be hoped and looked for. And nothing is so difficult but men would employ themselves to en∣terprise the same, if for the adventuring of great exploits, there might be proposed as great [unspec I] rewards. But, that any Tribune of the Commons should run desperatly and blindly into a world of brangles and troubles, with great hazard of his person, and no hope at all of fruit and profit in the ende: for which contention, he might be sure that the Nobles against whom he strived, would persecute him with deadly and irreconcilable malice: and at the Commons hands, for whom he thus contended, he should be honored and advaunced never the more, it was a thing neither to be expected, nor required. The onely méanes to get courage and magnanimitie, is advancement to high place of honor and dignitie. And as for them, they would not disdaine the meanest commoner that was, if they themselves might be no more despised. To conclude, the matter were worth the triall in one or two, whither any commoner were sufficient to beare a great office of state; or whether it were a wondrous thing and strange miracle, that a valiant and [unspec K] hardie man should arise out of the comminaltie. With much a doe (say they) we got and ob∣tained, that Tribunes militarie with Consuls authoritie might likewise be chosen out of the com∣minaltie: and men approved both in warre abroad and in affaires of State at home, had sued therefore. In the first yeares they being nipped by you, and so having the repulse, were had in de∣rision of the Nobilitie: so that at length they forbare to give themselves thus contumeliously to be misused and made fooles. Wee see no cause therefore, why that law also should not bee repealed, wherein a dignitie was graunted, and never like to bee obtained. For lesse shame would there arise, if the law were not indifferent nor respective unto them, than as unmeet per∣sons and unworthie, thus shamefully to be passed by and take the repulse.
These & such like spee∣ches were heard with so good an eare and generall applause, that some of them were incited for∣ward [unspec L] to sue for the Militarie Tribuneship: whiles every one promised in the time of his office to doe great matters and to propose, some one thing some another, for and concerning the benefit of the Commons. Pretending great hopes of deviding the common lands, and planting of colonies abroad, and laying tributes and impositions upon landed persons, for to paie souldi∣ors wages. But the Tribunes militarie then in place, devised to spie out a time, when upon some occasion of the absence of much people departed out of the cittie, the Senators by a privie and secret warning, should at a certaine day be called home: and then, whiles the Tribunes of the Commons were away, an Act of Senate should passe in this forme: That for as much as it was noised that the Volscians were entred into the lands of the Hernicks to forray and rob, the mili∣tarie Tribunes should go to see whether it were so or no, and that in the mean while there should [unspec M] be held a generall assembly for the Election of Consuls. The Tribunes militarie tooke their journey accordingly, and left Appius Claudius the Decemvirs sonne, governour of the cittie, a stour young gentleman and a forward, who from his very cradle bare an inward grudge and ha∣tred against the Tribunes and the Commons. And bootlesse it was either for the Tribunes of

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[unspec A] the Commons to find themselves grieved with those, who made the decree, now that they were absent, nor yet had they cause to quarrell with Appius Claudius, because the thing had been con∣trived and past afore his time. So, Consuls were created, C. Sempronius Atratinus, and Quintus Fabius Vibulanus.

A forreine matter, but yet worthie to be remembred and here inserted, is reported to have happened that yeare: to wit, that Vulturnum a cittie of the Tuscanes, which now is Capua, was by the Samnites taken: and that it came to bee named Capua of one Capis their captaine, or (which soundeth more like a truth) of the champian field. But they wan it by this meanes. For upon occasion that the Tuscanes were wearied with former warres, they were admitted into the societie of their cittie and territorie. And on a solemne feastivall day, when as the cittizens had [unspec B] filled their bellies, and were sound asleep, these new Coloners the Samnits, set upon the old inha∣bitants, and in the night season slew them all.

But now to returne. Things passing thus (as I said before) the Consuls abovenamed upon the * 1.33Ides of December, entred their government. By which time not only they which were of pur∣pose sent to learne the newes of the Volscians, brought word that warre was at hand, but Embas∣sadours also from the Latines and Hernickes, gave intelligence of the same. And namely, that never at any time afore, the Volscians were more busie and occupied, either in chusing of good captaines, or in levying an armie, giving out these speeches abroad and in every place, That the time was now come, either to forget warfare, and lay away souldierie, and for ever make account to beare the yoke of thraldome; or els not to give one foot, nor come behind those with whom [unspec C] they strove for soveraigntie, either in manhood or in painefull travell, or in discipline of warfare. And surely they were no vaine tidings that those messengers reported. But the Senatours would take no such knowledge, nor be greatly moved at the matter. And withall, C. Sempronius, unto whom the charge of that war was allotted, presuming upon fortune, as if she were alwaies right constant and at commaund, and leading an armie of a people used to victorie, against those that were wont to be overcome, did all things rashly and negligently. So as to speake a truth, there was more Romane discipline in the Volscian host, than in the Romane. And so, fortune (as often∣times els) went with vertue. At the first encounter, which by Sempronius was unheedfully and unad∣visedly begun, before that either the battaillons were reinforced & strengthened with fresh sup∣plies of succour, or the horsemen raunged in convenient place, they ran together, and came to [unspec D] handstrokes. And the first token which way the victorie would encline, was the manner of shout at the first charge; which by the enemie was more lowd, more shrill and continuall: but by the Romanes dissonant, unequall, dead and cold, often begun, and often renued: and by their uncer∣taine and variable noise, they bewraied the inward feare of their hearts. Whereupon the enemies so much the more eagerly charged them, pressing upon them with their shields, and laying at them thicke with their bright swords: on the other side, the Romanes helmets wag, and their crests nod everie way as they looke about them: and as they were to seeke what to doe, so they tremble and run together on heapes: one while the ensignes stand still, and were abandoned of the formost fighting in the vaward, another while they retired in againe amongst their own squa∣drons. Yet was not the flight certaine, nor yet the victorie. The Romanes sought more to co∣ver [unspec E] and shrowd themselves than to fight: to ward blowes rather than to strike. The Volscians set forward their ensignes, preased upon the maine battail, and saw more enemies under foot slaine than running away. And now in all places the Romanes reculed, notwithstanding Sempronius the Consull both rebuked and al so exhorted them to sticke to it: for neither his commande∣ment nor the authoritie and majestie of his countenance availed ought. And immediately had they all turned their backes on their enemies,* 1.34 if Sex. Tempanius, a Decurion of horsemen, had not in this desperat case, with a resolute courage and readie advise, helped at a pinch. Who cried with a loud voice, that those horsemen which would the safetie of the common-wealth; should dismount off their horses.

And when the Cornets of horsemen bestirred themselves at his words, no lesse than if the Consull had given commaundement, Vnlesse (faith hee) this [unspec F] troupe of men of armes, staie the violence of the enemies, wee see the last of the Romane Em∣pire. Follow therefore in stead of banner displaied, the point of my launce: let both Ro∣manes and Volscians see, that no nation is comparable to you, either for foote or horse. Whose encouragement being approoved and received with a shout, hee advaunceth forward, bearing his staffe aloft: and what way soever they goe, they enter and make roome with for∣cible

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sway: and where they see their fellowes in greatest distresse, thither they make speed, op∣posing [unspec G] their targuets afore them.
And thus in every place whereas they thrust themselves forci∣bly, was the fight renued: and doubtlesse the enemies had turned their backs, if possible it had been, for so few to have performed everything at once. Now when as the Generall of the Vol∣scians, saw his men not able to withstand them, he gave a signall and charge to give way to this new band of enemies, to wit, these Targattiers: untill such time as they had put themselves so for∣ward, that they might be excluded from their fellows. Which being done, these horsemen were enclosed on every side: neither could they break through that way which they went, because the enemies were there thickest, where they had made their lane before. The Cos. then, with the legi∣ons of the Romans, having lost the fight of those that had ben a shield of defence and bulwarke erewhile to the whole armie, least that so many hardie men thus invironed, should be overpressed [unspec H] by the enemies; resolved to adventure any perill or hazard whatsoever. The Volscians were like∣wise divertly occupied & troubled. For on the one side they bare off the Cos. and legions: on the other side they affronted Tempanius sore, & the horsemen: who seeing that after many assaies and offers they could not breake forth to their fellows, gat up unto a certaine little hill, and cast them∣selves into a ring and stood to their defence, not without doing some mischiefe to their enemies: neither gave they over fighting untill night. The Consull also maintained the battell so long as he could see, and kept the enemie play. So the night parted them a sunder, and uncertaine it was who had the upper hand. And for that the event was unknown, who sped the better, so great a terrour came upon both parts in their campes, that leaving the wounded and a great part of their cariages behinde, both armies as taking themselves loosers, recovered the mountaines [unspec I] that were next unto them. How beit the hill or banke aforesaid, continued still beset round about, untill midnight. But when word was brought thither to the Assailants, how that their campe was abandoned: they thinking their fellowes vanquished, were also for their part affrighted, & made shift and fled in the darke as well as they could. Tempanius, fearing an ambushment, kept his men there together untill day light. Then went he downe with a few to discover the coasts: and finding by enquirie made of the wounded enemies, that the tents of the Volscians were left and forsaken: he was full glad thereat, and called downe his souldiors from the mount, and entreth into the Romane campe. Where seeing all void and forlorne, and finding the same desolation which was amongst the enemies: before that the Volscians upon knowledge of their errour should returne again, he tooke with him those hurt souldiors that he could: and not knowing to [unspec K] what quarters the Consull was gone, marcheth forward the next way to the cittie of Rome. And thither alreadie the bruit of this unluckie fight, and of abandoning the tents, was arrived. But above all the rest, those horsmen were bewailed, & great mone & lamentation was made for them as well in privat as in publike. The Cos. Fabius, seeing the citie also terrified with this news, kept ward before the gates: by which time, they might discover the horsemen aforesaid a far off: but not without some feare of their parts, doubting who they were. But being soone knowne, they caused so great contentment after former fear, that in most joyful maner, the noise went through the cittie, how the horsemen were returned safe with victorie. And out of those mourning and sorrowfull houses, which a while afore had bid adieu to their friends and kinsfolke, and bewailed their death, they ran into the streetes and high waies by heapes. The fearefull dames also & wives, [unspec L] forgetting, for joie, all decent and womanly modestie, went out to meete the armie, fell every one with open armes upon their owne husbands and sonnes, tooke them about the necke, clip∣ped and kissed them, and with all their hand and heart received them, yea and for exceeding joy were almost past themselves.

The Tribunes of the Commons, who had challenged & accused M. Posthumius and T. Quin∣tius, for that by their default, there was an unluckie fight before Veij: seemed to have good oc∣casion and opportunitie offered now, by bringing the Consull Sempronius into fresh and new hatred and disgrace, for to renue the conceived displeasure and malice of the people against them. Having assembled therefore the people together, with open mouth they decla∣red, that the Common-wealth was betraied first, at Veij by the leaders, and afterwards, be∣cause [unspec M] they went cleare away withall, and unpunished, therefore the armie in Volsci was likewise lost by the Consull:* 1.35 and that a troupe of most valiant knights were thus cast away and given to be murdered, and the campe shamefully left and forsaken.

Then C. Iulius, one of the Tribunes, com∣manded Tempanius the horseman to be called, and before them all said, I would know of thee

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[unspec A] ó Sixtus Tempanius, whether thou thinke that C. Sempronius the Consull, either began battaile in good time, or strengthned his battaillons with good succours and supplies? or whether thou thy selfe, when as the Romane legions and footmen were discomfired, of thine owne head and pollicie, causedst the horsemen to alight on foote, and therby reenforced the fight? Afterwards, when thou and thy men of armes were shut out from our battaile, whether either the Consull himselfe came to rescue, or sent any succour unto thee? Last of all, whether the morrowe af∣ter, thoir haddest any aid or rescue at all? Whether thou and thy troupe of horsemen brake through into the campe by your own hardinesse and valor? And whether ye found in the campe any Consull or armie, or rather the pavilions abandoned, and the souldiours left behind, hurt and wounded? To these premisses and pointes, hast thou to speake this day upon thy ver∣tue, [unspec B] and the faith of a souldior: by which onely, in this warre-service the Commonweale hath stood preserved. Finally, where C. Sempronius, and where our legions be? Whither thou were for∣saken thy selfe, or whether thou forsookest the Consull and the armie? And to conclude, whether we have lost or woon the field? To these demands, Tempanius made (as they say) no fine Oration, but a grave pithie speech like a souldiour: not full of selfe-praises; nor shewing any gladnesse for the fault of another,* 1.36 and answered in this wife: How great skill (quoth he) of martiall feats, and what sufficiencie is in C. Sempronius, it is not for me a souldiour to judge, nor yet to make any esti∣mate of my Generall: but it was for the people of Rome to determine thereof, at what time as by their suffrages and voices, in a solemne Election, they chose him Consull. And therefore yee are not to enquire of me, and to be informed, either of the polliciesof a General captain, or ver∣tues [unspec C] and duties of a Consull: deepe points to be examined, weighed, and discoursed by great wits, reaching heads, and high mindes. But for that which I with mine cie sawe, I am able to make report and testifie: namely, That before himselfe was excluded out of the battaile, I beheld the Consull fighting manfully in the vaward, encouraging his men earnestly, and even amongst the Romane standards, and pikes of the enemies, busily emploied. After which I was carried from the fight of my fellowes: how beit by the stirre, noise and shouting, I well perceived, that the con∣flict continued until night. Neither was it possible (as I thought) for them to breake through un∣to the hill which I kept, by reason of the multitude of enemies betweene. As for the armie, what is become of it, I know not: But I suppose, that as I my selfe in an extremitie and fearefull case, defended my selfe and my men, by advantage of the ground: so the Consull for to save the ar∣mie, [unspec D] tooke some more safer place to encampe in. Neither thinke I verely, that the Volscians stood in better termes than the Romanes fortune was. And the darknes of the night (no doubt) caused errour and confusion on every side, and in all places. After which speech when as he be∣sought them, not to hold him any longer, wearied with travaile, and faint of his woundes: he was with exceeding praise both of his valiant service and also of his modest speech, licenced to de∣part.

Whiles these thinges thus passed, the Consull by that time, had marched by the way of Lavicum as farre as to the Temple of m* 1.37 Quies: thither were waines, draught-beasts and sumpter horses sent from the cittie, to receive and ease the armie, toiled out with fight, and tired by journy∣ing all night. Within a while after, the Cos. entred into the cittie: who endevoured not more, [unspec E] to put the fault from himselfe, than to extoll Tempanius, and give him his due deserved praises. Now whiles the cittie was sad and heavie for this hard hap, and angrie also with the captaines: behold, M. Posthumius, who before had been accused, was now presented unto the people, for to wreke their choler & malice upon. He had been a Tribune Militarie in place of a Cos. at Veij, and now was condemned,* 1.38 and a fine set on his head of ten thousand Asses of brasse. But as for Ti∣tus Quintius, his fellow in government, because that among the Volscians he had served fortu∣natly as Consull, under the conduct of Postbumius Tibertus the Dictator: and likewise at Fidene, as Lieutenant of the other Dictator Mamercus Aemylius, and laid the whole fault of that other time from himselfe, upon his colleague before condemned: he was found unguiltie & ac∣quit by all the Tribes. It is said that the fresh remembrance of his father Cincinnatus, late a right [unspec F] worshipfull citizen, helped him much: Yea and Capitolinus Quintius a very aged man, did him no hurt, who humbly besought them that they would not suffer him, having but a while in this world to live, for to be the carrier of so heavie newes unto Cincinnatus. The Commons made Tribunes of the comminaltie, Sex. Tempanius, A. Sellius, Sex. Antiflius, & Sex. Pompilius in their absence: whom also the horsemen had chosen for their captains or Centurians, in the former ex∣ploit,

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by the advise and counsell of Tempanius. But the Senatours, because now for hatred of [unspec G] Sempronius, the name of Consuls misliked and offended them, determined that militarie Tri∣bunes with Consuls authoritie, should be created. So there were chosen L. Manlius Capitolinus, Q. Antonius Merenda, L. Papyrius Mugilanus.

In the very beginning of the yeare L. Hortenfius the fift Tribune of the comminaltie, accu∣sed C. Sempronius the Consull of the former yeare. And when as his other foure fellows in office, in the sight of the people of Rome besought him, not to trouble their guiltles captaine, in whom nothing could be blamed or found fault withall, but adverse fortune: Hortensius could hardly abide, but thought it was but to prove and trie his resolute constancie: and that the partie accu∣sed, trusted not upon the praier and intercession of the Tribunes, which only for a shew was pre∣tended, but upon their support & assistance. And therfore turning one while to Sempr. himselfe, [unspec H] demanded what was become of that hautie courage and stomack, so ordinarie in those of Sena∣tours calling? and where was that magnanimitie which rested and relied upon innocencie? since that he having been a Consull, was faine to shelter and shrowd himselfe under the shadow and protection of the Tribunes? Another while directing his speech to his fellow Tribunes: but you my Masters (qd. he) what will ye do? if I prosecute mine action against him still, and convict him in the end; Will ye take from the people their right, and overthrow the authoritie of the Tribunes among the Commons? When they again said and inferred, that the people of Rome had absolute power to doe what they would, both with Sempronius, and all others: and that they neither would nor could abridge the people of their judgment. But if (say they) our praiers in the behalfe of our Generall, who was to us in steed of a father, may not availe, then will we toge∣ther [unspec I] with him change our weede for companie. Nay God forbid (quoth Hortenfius) The Com∣mons of Rome shall never see their Tribunes arraied in soiled & mournfull apparell. And as for C. Sempronius, I have now no more to say to him, since that he hath carried himselfe so, whiles he was generall, as that he hath gained thus much, as to be so dearly beloved of his souldiors. Nei∣ther was the kindnesse of those foure Tribunes more acceptable to the Commons and Nobles, than the good nature of Hortensius, who at their reasonable request, was so easie to be pacified and intreated.

It was no long time that fortune fawned upon the Aequians: who embraced the doubtfull vi∣ctorie of the Volscians, and tooke it as their owne. The next yeare after, when Cn. Fabius Vibula∣nus, and T. Quintius Capitolinus, the sonne of Capitolinus, were Consuls: by the leading of Fa∣bius, [unspec K] unto whom was allotted that province, nothing was done there worthie of remembrance. For when as the Aequians had made semblance of a battell, & brought their armie only in fight, they were in fearfull wise soon discomfited, and shamefully fled, ministring no matter of great ho∣nor to the Cos. And therfore was he denied triumph. But yet because the ignominie of the losse which happened by Sempronius, was partly allaied, it was granted that he might enter Ovant into the cittie.* 1.39 [A Generall was said to enter Ovant into the citie, when ordinarily without his armie following him, he went on foot, or rode on horsebacke only, and the people in their Acclamati∣ons for joy, redoubled Ohe, or Oho. So that Ovatio is as much as Ohatio: Howsoever, some thinke that Ovatio took the name of sacrificing a sheepe. But he rode in triumph, when his souldiors at∣tended him in his chariot, crying to Triumphe. In this he caried a branch, or ware a garland of law∣rell, [unspec L] in the other of Myrtle. So that the Ovation was a lesse honour than the Triumph. And it was granted to inferior persons, & for meaner desert. Whereas, none usually might triumph, unlesse he were Dictator, Cos. or Pretor, & had slain in field 5000 enemies at the least, won much spoile and pillage, & augmented the State of the Roman Empire.] Like as the war was dispatched with lesse ado than they feared: so in the citie, after a calme & peaceable state, there arose between the Com. and Nobles, a world of discords & troubles more than they expected. Which began up∣on occasion of doubling the number of Questors. For when the Consuls had propounded, that besides two Questors or Treasurers of the cittie, there should bee other twaine readie to attend upon the Consuls, for all services and charges belonging to warre: and when the Nobles also with all their power had approoved it, the Tribunes of the Commons entred into a contention [unspec M] with the Consuls, and required that some of the Questors (for untill that time they had been cre∣ated from out of the degree of the Patritij onely) might be like wise of the Commons. Against which demand, at the first, both Consuls, and also the Nobles, laboured with might and maine. But afterwards having graunted thus much, That as the use and practise was in creating of Tri∣bunes,

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[unspec A] with Consuls authoritie, so in like manner, in the Election of Questor's, the people should have their free libertie to chuse. And seeing they gained little thereby, and could effect no good, they wholly let fall their former matter, about increasing the number of the Questor's. But al∣though it were thus by them given over, the Tribunes tooke it in hand againe, and set it on foot: yea, and other seditious actions besides eftsoones sprang forth, and among the rest; those also concerning the law Agraria. Vpon which troubles, when as the Senate was of mind, that there should be Consuls rather than Consular Tribunes created; and by reason of the Tribunes step∣ping betweene with their negative voice, no decree of the Senate could passe, the governement of the Commonweale was devolved from Consuls to an * 1.40 Interreigne, but not without excee∣ding great debate: for that the Tribunes kept the Patritij from meeting and packing together.

[unspec B] Now when as the greater part of the yeare following was spent, with much strife and contention betweene the new Tribunes and certaine Interregents, whiles one while the Tribunes staied the Nobles from assembling together about the chusing of an Interregent, and another while cros∣sed the Interregent for graunting out any Act of Senate or warrant, for the election of Consuls: at the last,* 1.41 L. Papyrius Mugillanus, being declared Interregent, sometimes rebuked the Nobles, and sometimes blamed the Commons, and said: That the Commonwealth neglected and for∣lome of all men, was taken into protection of the gods, and guided by their care and providence: standing upright and safe only, upon the truce observed by the Veientians, and the slow speed or small hast that the Aequians made to warre. From whence, if any trouble should happen to arise, it is your will (quoth he) and pleasure belike, that the state should bee surprised and assailed, [unspec C] whiles it is without any Magistrate of the Nobilitie. For neither is there an armie readie, nor yet a captaine to raise an armie. What? thinke ye to put backe forraine war abroad by civile dis∣cord at home? Which if they both should come together, there were no other remedie, though all the gods in heaven should set to their helping hand, but that the Commonweale of Rome should utterly be subverted. Yet rather remit every one of you somwhat, of the rigor of your full jurisdiction, and (for the love of God) take some indifferent course to joine in unitie: the Nobles for their part, by suffering Militarie Tribunes to be created in lieu of Coss. the Tribunes again, by no more thwarting and interposing their negative, but that four Questors may be chosen by the free voices of the people, from out of the Commons & Nobles, one with another. First therfore was the High court held for choosing soveraigne Tribunes: and Tribunes there were created in [unspec D] Consular authoritie, all of the Nobilitie, namely, L. Quintius Cincinnatus the third time, Sex. Fu∣rius Medullinus the second time, M. Manlius, and A. Sempronius Atratinus.
When this Tri∣bune last named, was president of the Election for Questours, and the son of Antistius a Tri∣bune of the Commons, and a brother besides to another Tribune, one Sex. Pompilius stood for the dignitie, among certaine other of the Commoners: neither all their owne meanes that they could make, nor all the voices they could procure, were able to prevaile, but that the people preferred persons to the place, according to their gentrie and high birth: namely, whose fathers and grandfathers they had seene Consuls. All the Tribunes of the Commons stormed and chased at this,* 1.42 but especially Pompilius and Antistius, being set on fire at the repulse of these their friends.
What should this meane (say they) that none of the Commons, neither in regard of [unspec E] their owne merites, nor considering the injuries at the Nobles hands, ne yet for desire they might pretend to the first hansell of that authoritie, which now was lawfull, and never heretofore: that none of the Commons (I say) was created, if not a Militarie Tribune, yet not so much as a Questour? What? that neither the fathers praier in the behalfe of his sonne, nor a brothers suit in favour of a brother, being Tribunes both of them, invested in that sacred authoritie, and which first was erected for the maintenance of common freedome, could ought at all prevaile? Surely there is some fraud and juggling in the matter: and A. Sempronius, hath in the Election used more art and cunning than truth and fidelitie. Complaining that by his injurious and indi∣rect dealing, their friends had taken the foile.
When as therefore they might not by any vio∣lence touch his owne person and attach him, being senced with innocencie in this Action, and [unspec F] secured by vertue of the office which then hee bare: they wreaked their selves and discharged their choler upon C. Sempronius, the cousin germaine of Atratinus by the brother: and with the helpe of M. Canuleius, one of their collegues, arrested him for the ignominious service in the Vol∣scian war. Eftsoons also the same Tribunes made some words & motion in the Senat house, con∣cerning the division of lands, and revived the law Agraria (which C. Sempronius at all times most

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sharpely and eagerly had withstood. Supposing, as it fell out in deede, that the accused person [unspec G] should either by giving over the cause, be lesse esteemed of the Nobles: or if he stood to it still untill the time of judgment drew neare, he should displease and offend the Commons. But he chose rather to be the object of the displeasure and malice of the people, that were opposed and bent against him, and so to wound his owne privat estate: than to betray the common and pub∣like cause: and persisted resolute in the same minde still, that there should no bribing dona∣tive be granted,* 1.43 that might winne and procure favour unto those three corrupt Tribunes.

For it is not land and living (quoth he) that they shoot at, for the benefit of the Commons; that is not their seeking: but their drift is to worke and procure displeasure unto me: and therfore I will for my part, abide that storme and tempest with a resolute mind. And the Senat ought not to esteeme either of me, or of any cittizen els so highly, as to buy the sparing of one man so deare, [unspec H] even with the harme and dammage of the whole state.
The day of judiciall triall came. When as he had pleaded for himselfe, and seemed nothing daunted at the matter: yet, for all that ever the Nobles could doe, who tried all meanes, but in vaine, to mittigate and delay the heat of the Commons, condemned he was in * 1.44 fifteene thousand Asses. The same yeare Posthumia a Vestall Nun, was called in question for incontinencie and incest, and came to her answere. A Vir∣gin guiltlesse for any deede done: but scarcely of good name and fame: by reason that she was s uspected for her apparell and going more light & garish in her attire: yea, and for her wit, more conceited & pleasant, than became a maiden, and nothing respective of the speech of the world. Her triall was put over to a farther day, and she (after she had twise pleaded) in the ende was ac∣quit: onely the high priest by the advise, and in the name of the whole colledge: schooled her, [unspec I] and gave her warning to leave her sports, taunts, and merry conceits: and in her raiment to be seene not so deft as devout, and weare her garments rather sainctly than sightly. The same yeare was Cumes, a cittie inhabited at that time by the Greekes, taken by the Campanians.

The yeare following had militarie Tribunes with Consuls authoritie, Agrippa Menenius La∣ntus, P. Lucretius Tricipitinus, Sp. Nautius Servilius. A yeare, by the happinesse and good for∣tune of the people of Rome, more notable for a danger escaped, than for any harme received. Certaine bond-servants had conspired to fire the cittie in divers places farre asunder:* 1.45 for this in∣tent, when the people should be busily occupied, here and there, to save their houses, then by force and armes to surprise the Castle and Capitoll. But Iupiter turned away and disappointed their wicked dessignes. For by the peaching and information of twaine, the rest of the malefa∣ctours [unspec K] were taken and executed. But those that disclosed and revealed the conspiracie, had ten thousand pound in brasse mony (which was in those daies thought to be a great riches) weighed them out of the Cittie chamber,* 1.46 and freedome besides, for their reward.

After this, began the Aequians to renue warre: and word was brought to Rome by credible persons, that certaine new enemies also, to wit, the Lavicans, joyned together in counsell with the olde. These Aequians, were good neighbours: for once a yeare ordinarily, they used to put the cittie of Rome to the paines of warring with them, and not misse. Embassadours then were sent to Lavicos, who brought doubtfull answeres from thence: whereby it appeared that neither at that instant they were readie to warre, nor yet were like to continue long in peace. The Tus∣culanes were charged, to take good heede, and have an eie that way, that no new sturs and trou∣bles [unspec L] should arise at Lavicos. There came Embassadours from Tusculum, to L. Sergius Fidenas, M. Papyrius Mugillanus, and C. Servilius, the sonne of Q. Servilius Priscus: (by whom, being Dictatour, Fidene was won) who were Militarie Tribunes in Consuls authoritie the yeare follow∣ing. These Embassadours brought news that the Lavicans were out, and in armes, and joyning with the Aequians armie, had forraied the countrie of Tusculum, and encamped themselves in Algidum. Then was warre proclaimed against the Lavicans. And when by a decree made by the Senat, that two of the Consular Tribunes should go to warre, and one manage the affaires of Rome: there arose a contention on a sundaie, among the said Tribunes. Every one thought himselfe the meetest and most sufficient man, to be generall of the warre, refusing the charge of the cittie, as a base, dishonourable, and thankelesse office.

As the Senatours mused and won∣dred, [unspec M] to see amongst those that were fellows in government, so undecent a strife and contention; then Q. Servilius: Seeing that (quoth he) there is no reverent regard, either of this honourable house, or of the common-wealth: the father his countenance and dread majestie, shall end this debate. My sonne without any lot casting, shall governe the cittie as President. God grant, that

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[unspec A] they which love warre so well, may manage it with more discretion and concord than they wish it. As for a generall muster to bee levied out of all the people indifferently, that was not liked of.
So ten Tribes were drawen by lot, out of which, the yonger fort were prest forth to war under the conduct of the two Tribunes. The strife which began to be kindled among them in the cittie, through the same desire still of soveraigntie, brake foorth and grew much hotter in the campe. In nothing agreed they, striving whose opinion should stand: each one would have his owne way: his owne commandements obeyed and none els: one despised another, and were despised one of the other: untill at length, upon the Lieutenants reproofe, they grewe to this point, and this order was taken: That they should each other day, rule one alone by him∣selfe absolutely. Which newes being brought to Rome, it is reported that Q. Servilius, a man [unspec B] for his yeares and long experience right skilfull, praied of the immortall gods, that by the vari∣ance and discord of the Tribunes, the common-wealth sustained not more harme, than they had received at Veios. And as if there were no doubt, but that some great losse and overthrowe was readie to happen, he was instant upon his sonne, to levie souldiors, and to provide munition for warre. Neither proved he a false and vaine prophet. For by the leading of L. Sergius, whose day it was to rule, when as the enemie under a colour of feare, withdrew unto the trench, and to trai∣ned them thither upon a foolish hope to win the campe, even under the very campe of the ene∣mies in an uneven ground of disadvantage, they were sodainly charged by the Aequians, dis∣comfited and chased downe the valley: and many in their fall, which was greater than the flight, were trod under foote and slaine, and with much adoo that day kept they their owne tents. The [unspec C] morrow after, when as now the enemies had beset a great part of the camp, they shamefully fled away, at the backe gate, and forsooke the campe. The Captaines, Lieutenants, and the strength remaining of the armie, which kept to their ensignes and colours, went to Tusculum. Other that were scattered here and there about the fields by sundry waies, made hast to Rome, and re∣ported there the overthrow to be greater than indeed it was. Lesse was the trouble and sorrow, because men looked for better issue and successe: and also for that, there was helpe and succour (which they were to have an cie unto in so fearefull a case) provided by the Tribune aforehand. At whose commandement, when as the tumult was by the inferiour magistrates appeased in the cittie, espials were sent out in hast: who brought word that the captaines and the armie was at Tusculum: and that the enemie had not removed his campe. And then (which encouraged them [unspec D] most of all) by the Senats decree, Q. Servilius Priscus was chosen Dictatour, a man whose pro∣vidence over the common-weale, the cittie as manie other times afore, so in the event of that war had experience of: for that he only suspected the contention of the Tribunes afore this un∣happy soile. Who having nominated Generall of the horsemen, his son (as some say) by whom being militarie Tribune, himselfe was declared Dictatour (for others there be that write howe Servilius Hula was that yeare Generall of the horse) went forth with a fresh armie to war, and ha∣ving joined unto him those which were at Tusculum, he pitched his tents, two miles from the enemie. But see the fruit of good successe. The pride and negligence which had been amongst the Romane Captaines, went from them to the Aequians. Therfore in the first beginning of the conflict, when the Dictatour with his horsemen whom he sent against them, had disordered [unspec E] and put out of array the formost rancks of the enemies, then commanded he the ensignes of the legionarie footmen with all speed to follow hard upon: and one ensigne-bearer of his owne, who made some stay, he slewe with his owne hand. Then were they so earnestly set to give an hoat charge, that the Aequians could not abide their force: and being in fight overthrowen, when as they fled all amaine to the campe, the assault thereof was both shorter and with lesse adoe, than was the battaile. When the campe was taken and spoiled, and that the Dictatour had given the pillage unto the souldiors: and that the horsemen, which chased the enemies from the campe, had brought word backe, that all the Lavicanes were overthrowen, and a great part of the Aequi∣ans were fled to Lavicos: the day following was the armie also led thither, and the towne com∣passed and beset round about, skaled, and sacked. The Dictatour having brought home to [unspec F] Rome his victorious armie, upon the eight day after he was chosen, gave over his office. And in very good time, before there was any sedition stirred up about the law Agraria, by the motion of the Tribunes of the Commons,* 1.47 for the division of the Lavicanes lands: the whole bodie of the Senat appointed that a Colonie should be sent to Lavicos. So there were sent from the cittie a thousand and five hundred to inhabite there, and two akers a piece given them of land.

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After the winning of Lvicos, there were created Militarie Tribunes with Consuls authori∣tie, [unspec G] to wit, Agrippa Menenius Lanatus, and L. Servilius Structus, with P. Lucretius Tricipitinus (all three the second time) and Sp. Veturius Crassus: and the yeare following A. Sempronius Atratinus, the third time, and these twaine, M. Papyrius Mugillanus, and Sp. Nautius Rutilius the second time: for these two yeares there was peace abroad, but discord at home about the lawes Agra∣tia. They that troubled the people, were Sp. Mecilius, who now the fourth time, and Metilius, who the third time were made Tribunes of the Commons, both absent. And when they had publi∣shed their Act, That all lands conquered from the enemies, should be devided by the poll: by which Ordinance, the possessions of a great part of the Nobilitie became confiscate, (for since their cittie was scituate and built in a straunge ground, there was in a manner no land lay to it, which had not been purchased by the sword, neither enjoied the Commons any, but that which [unspec H] either had been sold or assigned to the Commons) this seemed to bee a bone cast betweene the Nobles and the Commons, to set them together at strife and contention. Neither knew the Mi∣litarie Tribunes any way to take counsell in this case, albeit one while they assembled the Senate, and another while met in private conference with the Nobilitie.

Then Appius Claudius, (the ne∣phew or grandsonne of notorious Appius the Decemvir,* 1.48 created for the making of lawes) the punie of all the counsell of the Nobilitie, made (as it is reported) this speech, and said, That hee would impart unto them that which he had received by tradition from his auncestours, to wit, an old devise, and appropriate to his house, for that his great grandsire App. Claudius, had shewed unto the Nobles the onely way, to abate and take down the Tribunes power, namely, by the com∣ming betweene and negative voice of their fellowes. For men new come up, and risen to promo∣tion, [unspec I] might soone by the authoritie of the cheefe rulers be brought from their purpose, & made to change their mind, if otherwhiles those great men in place would use some speech unto them fitted and framed rather to the time and present occasion, than respective to their owne high place and dignitie: for evermore the heart and courage of such, is according to their degree and wealth. And when they see once their fellowes possessed first afore them of the cause, and there∣by crept wholly into all the favour with the Commons, and that no roome is left for them∣selves to have any part thereof, they will bee willing ynough to encline and condescend unto the Senate, and take their part: by meanes whereof, they might wind into the love and good grace of that universall state, and particularly with the principal lords of the Nobilitie.
Which speech, when they all had approved, and especially Q. Servilius Priscus, who praised the young Gentle∣man, [unspec K] for that he was not grown out of kind, nor degenerate from the stock and rase of the Clau∣dij, then every man was set about this businesse, to see whome of the Colledge or companie of Tribunes, they could win and draw to crosse and stop the Act for going forward. The Senate now being broken up, the cheefe of the Nobles caught hold of the Tribunes, and were in hand with them, persuading, exhorting, and assuring them, that they should every one in private gra∣tifie not onely, but also the whole bodie of the Senate in generall: and never gave over, untill they had procured sixe of them to interpose their negative, and to crosse the law. The morrow af∣ter, when as of purpose a matter was propounded afore the Senat, about the sedition which Me∣cilius & Metilius had raised, by a Largesse of dangerous consequence; such speeches were by the principall of the Nobles delivered, that each one for himselfe confessed, that now they were to [unspec L] seeke for counsell, and saw no other helpe nor remedie but in the authoritie of the Tribunes: to the protection and safegard of which Magistracie, the Commonweale betooke her selfe, and fled for succour, as being beset with daunger, like some poore private person, and had no other means to save her selfe: saying, That it would be both for themselves, and also for their authoritie, an honorable thing, if it might appeare, that the puissance of their Tribuneship were not more imploied in molesting the Senate, and making discord among the States, than in resisting the peevish wilfulnes of their colleagues. Wherupon arose a great noise through the whole compa∣nie of the Senatours, whiles out of all parts of the Court there assembled, they called upon the Tribunes for their helping hand. Then after silence made, they (who for the favour of the Lords of the Senat, were made aforehand to their cause) declared and confessed, that they were readie [unspec M] to crosse that act, by their fellowes published, seeing the Senate judged it to be prejudiciall to the Commonwealth. These Tribunes for the offer of their good service, were by the Senate highly thanked. But the authours and patrones of the Act aforesaid, calling together an assemblie of the Commons, when they had inveighed against their fellows most sharpely, tearming them be∣traiers

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[unspec A] of the Commons wealth, and slaves to the Nobles: and using other bitter speeches, gave over their action and suit.

Two greevous warres had continued all the yeare next following (wherein P. Cornelius Cossus, C. Valerius Potitus, Quintius Cincinnatus, and M. Fabius Vibulanus, were militarie Tribunes in Coss. authoritie) but that the Veientian war was deferred by the superstitious feare of their owne princes; whose grounds, Tybris (overflowing the banks) had spoiled, & overthrown also the villa∣ges & houses that stood therupon. The Aequians likewise by reason of their losse received three yeares before, made no great hast to aid and assist the Volanes, a people of their own nation. For they had made certaine rodes into the Lavicanes countrie, confining upon them, and warred up∣on the inhabitants, lately there planted. Which trespasse by them done, they hoped to have ben [unspec B] able to maintaine, by the banding and assistance of all the Aequians: but being forsaken of their allies, they lost both their towne and territorie, onely by siege, and one light skirmish, and never fought for it anymemorable war. L. Sextius also Tribune of the Commons, assaied to make an Act, that there might be sent to Volae as wel as to Lavicos, Coloners to people it: but by the ne∣gative of his confreeres, who shewed, that they would not suffer any Statute of the Commons to passe without the assent of the Senate, it came to nothing.

In the yeare following, the Aequians having recovered and woon againe Volae, and brought a Colonie thither, fortified the towne with a fresh power, at what time were Tribunes Militarie in Consuls authoritie at Rome, Cn. Cornelius Cossus, L. Valerius Potitus, Q Fabius Vibulanus the se∣cond time, and M. Posthumius Regillensis. The warre against the Aequians, was committed to [unspec C] this Posthumius, a man of a crooked disposition, as his victorie shewed more than the whole course of the warre. For having levied an armie in hast, and brought it before Volae, after some small skirmishes, he amed the Aequians, and at length entred the towne. And when he had done with the enemies, hee began to quarrell with his owne souldiors: for whereas during the time of the assault, he had given out by proclamation, That they should have the saccage after the town was once woon: he brake promise with them. For I am induced to beleeve that this was the cause rather why the armie mutined and was discontented, than for that in a towne lately sacked before and in a new Colonie, there was found lesse spoile than the Tribune made boast of. But this dis∣pleasure and anger once conceived, was made the worse, after that he returned into the citie: for being sent for by his fellowes, upon occasion of the Tribunitian seditions, there escaped him an [unspec D] indiscreet speech, I must needs say, yea, and without all sence, wit, and honestie. Which he let fall in an assemblie of the Commons: wherein it happened, that as Sextus, a Tribune of the Com∣mons, was preferring the law Agraria, & saying withall, That he would propose an Act, that Co∣loners should likewise bee sent to Volae, for that they were worthie to have both the towne and lands of Volae, who had by sword and speare conquered the same. Posthumius caught the word out of his mouth: And that shall my souldiors deerely abie (quoth hee) unlesse they bee more quiet. Which word being overheard, offended not so the Com. presently there in place assem∣bled, as the Lords of the Senat a while after. Moreover, the Tribune aforesaid, an active man, and eloquent withall, having among his adversaries met with a prowd humourous spirit, and an in∣solent and intemperate tongue, which walked so freely and so long by his provocation, that hee [unspec E] uttered these speeches, which bred not onely ill will and displeasure to himselfe, but also wounded the cause, and the whole state of the Patritij. This Sextus (I say) was busie, and quarrelling with none of all the Militarie Tribunes, more than with Posthumius. And even at that time, taking ad∣vantage of the same cruell and unhumane speech of his:* 1.49 Here yee not, ô yee Commons (quoth he) how hee threateneth mischeefe unto his souldiours, as unto bondslaves?

And yet his beast yee will thinke more worthie of so great dignitie wherein yee have placed him, than those that indue you with house and land, that send you abroad to inhabite Colonies, that provide habita∣tion for you against old age, that tendering your wealth, take part and defend you against so cru∣ell and prowd adversaries. Begin now henceforth to mervell why so few take in hand to maintain your cause. For what may they looke for, and hope at your hands? for honours? which yee be∣stow [unspec F] rather upon your adversaries, than those that are affectionate defenders of the people of Rome. Yee sighed even now and groned again, at the words uttered out of this foule mouth. But what matter makes that? If yee were now to goe to an election, and to give your voices, ye would no doubt for all that, preferre this man (who threateneth to mischeefe you) afore them that are willing and desirous to establish your lands, your dwelling places, and the whole state of your

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substance and living.
But when that leaud language of Posthumius was reported once to the soul∣diours, [unspec G] it bred a farre greater indignation (besure) within the campe. How now? (say they) is hee, who hath intercepted our bootie, and defrauded us poore souidiours of our due, not content therewith, but must menace mischeefe besides unto us, as his varlets? When as therefore they openly muttered thereat, and the Questor or Treasurer P. Sestius thought that the mutinie might be restrained with the same violence by which it was first raised he sent an Officer to one clamo∣rous souldior, that kept a yauling above the rest. Whereupon arose an outcrie and a brawle: and he got himselfe a good rap with a stone for his labour, that he was faine to goe out of the prease. And he that smote him, spake alowd besides, and bad the Questor take now that for his paines in a mischeefe, which the Generall had threatened his souldiours. Posthumius in this hurliburlie was sent for, and he when he wascome, made all worse and worse with his sharpe examinations, tor∣tures, [unspec H] and cruell punishments. At the last, when he could not see o make an end, nor bridle his choler: they all ran on heapes together, at the lamentable crie of those whom he commaunded to be choked in the mire, and killed under the hurdle: and he halfe besides himselfe, full foolishly stept downe in more hast than good specd from the Tribunall seat, to chastise one that contested with him, and made a great brawling. Now when as the Lictors and Centurions every where laid about them to make way, and ill intreated the multitude in the throng, they mooved their patience so much, that in that furious fit of the souldiours, the Militarie Tribune was by his owne armie stoned to death.* 1.50 Which horrible act, after it was noised at Rome, and the Militarie Tri∣bunes by the Senats authoritie, were about to fit in commission for the examination of the death of their colleague, by way of rigour and torture: the Tribunes of the Communaltie opposed [unspec I] themselves, and resisted them. But that contention depended upon another quarrell. For the Se∣nate doubting least that the Commons for feare of those examinations intended, would in their anger create Tribunes militarie from out of their owne bodie and degree; were very carefull, and studied all they could, that Consuls might bee chosen againe. But when as the Tribunes of the Commons would not suffer an act of the Senate to passe, and hindered also the election of the Consuls, the matter came to an Interreigne. But in the end the Nobles had the upper hand. For when as Q. Fabius Vibulanus the Interregent, held a Court for the said Election, there were crea∣ted Consuls A. Cornelius Cossus, and L. Furius Medullinus.

In the beginning of these Consuls yeare, the Senate made a decree, that the Tribunes with all speed possible should propose unto the Commons, concerning the inquisition of Posthumius [unspec K] his death: and that they should make cheefe Commissioner and Iudge, whom they would. The Commons by the consent of the whole people,* 1.51 gave the Consuls commission to see it done, and performed accordingly. Who notwithstanding, that with exceeding moderation and leni∣tie, they dispatched and ended the matter, by punishing a few, who (as it was crediblie thought) made themselves away: yet could they not for all that bring about, but the Communaltie tooke it very hainously, and in the highest degree, saying, That the Acts & Ordinances, which had ben propounded concerning their weale & commodities, those lay a long time asleepe in the deck, and nothing done: but an order graunted for their bloudshead and death, that was presently put in execution. Of so great force and importance was it. Now this had been the fittest time, that af∣ter these mutinous souldiours were chastised, the division of the Volane territorie, should have [unspec L] been offered unto them, for to comfort their poore hearts again. By which deed (no doubt) their hote desire and longing after the law Agraria, had been abated, which tended to dispossesse at length the Nobles of the common grounds, which they injuriously were seized of. But this in∣dignitie stucke in their stomackes, and was taken neerer to the heart, when they saw the Nobilitie so stiffely bent, not only to keepe the common grounds in their hands, which they held by force: but also unwilling to devide among the people so much as the wast and voide ground, lately gotten by conquest from the enemies: but that it was like, within a while (as all the rest) to bee a bootie, and dividend, to be shared among a few.

The same yeare, were the legions led by Furius the Consull, against the Volscians: who harri∣ed the borders of the Hernicks. But finding not the enemie there, they wan Ferentinum, whether [unspec M] a great number of the Volscians had retired themselves. The bootie there, was lesse than they hoped for: by reason that the Volscians, seeing small hope of keeping the towne, trussed up and carried away both bag and baggage in the night, and quit the towne: which was won the morrow after, being left well neare destitute and emptie. All the lands were given freely to the Hernicks.

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[unspec A] When this year now was passed in good quiet by the modestie & peaceable carriage of the Tri∣bunes, then in place: there succeeded another Tribune of the Commons L. Icilius, when Q. Fa∣bius Ambuslus and C. Furius Pacilius were Consuls. Whiles this man in the very beginning of his yeare, was busie in stirring new seditions (as if it had been a taske imposed upon his name and linage) by proposing of the Agrarian laws:* 1.52 behold, there arose a pestilence, more fearefull than hurtfull, which turned away mens mindes, from their publicke assemblies and accustomed contentions, to tend their houses, and to care for the cherishing of their bodies. And (as men ve∣rily thinke) the sicknesse was lesse dangerous than the seditions were like to have been. When as the cittie was now excused, as it were, & well escaped, with the sicknes only of many, and death of very few:* 1.53 presently after this pestilent yeare, followed (as it is commonly seene) a great death [unspec B] of corne, by reason of the neglect of tillage. M. Papyrius Atratinus, and C. Nautius Rutilius being Consuls. This famine would have been more grievovs than the plague, had they not provided well for come, by sending forth their Embassadours to the neighbour nations all about, inhabi∣ting along the Tuscane Sea & the Tyber, for to buy graine. Proudly were the Embassadors pro∣hibited all commerce and traffique with the Samnits, who held at that time Capua and Cumes: but contrariwise bountifully were they releeved by the tyrants or potentates of Sicilie. And such was the willing endevour of Hetruria, that great store of victuals came down the Tyber. In what desolation the cittie was, during this affliction, the Cos. tried by this: that when they could not furnish an Embassage, but with one Senator, they were compelled to adjoine two Knights unto them. And setting a side the sicknes & dearth, there was no trouble either at home or abroad for [unspec C] those two years. But when these storms were once overblown, & that care past: then began again the old troubles wherwith the citie had usually bin disquieted: dissention at home, & war abroad.

When M. Aemylius and C. Valerius Potitus were Consuls, the Aequians made preparation for wars, and banded with the Volscians. Who albeit they tooke armes by no publike commissi∣on; yet such as would of themselves serve for hier or wages, followed the wars. At the bruit of which enemies (for they were alreadie come over into the countrie of the Latines and Hernicks) whiles Valerius the Consull mustered his men and levied souldiors: M. Menenius a Tribune of the Commons, & a publisher of the Agrarian laws, opposed himselfe against him. And when as by reason of the protection and assistance of the Tribune, no man would be compelled to take a souldiors oath against his will: sodeinly newes came, that the Castle of Carventus was by the [unspec D] enemies forced. This dishonour thus received, as it was a cause that Menenius was hated among the noblemen, so it gave to the rest of the Tribunes, who were alreadie framed and prepared to withstand the law Agraria, more just cause to resist their collegue. The matter being thus for a long time protracted by much debating, the Consuls called both God and man to witnesse, that whatsoever shame or losse, either had been alreadie received, or were like to be susteined by the enemies: the blame should be imputed to Menenius, who hindered the mustering. And Me∣nenius protested againe aloud, that if the unlawfull landlords, would surrender the tenure of the common fields which they unjustly deteined, he would not stay the musters. Then the nine Tri∣bunes, by setting down a decree between them, made an end of the strife: & pronounced by au∣thority of their colledge, that they would assist C. Valerius the Cos. (all contradiction of their col∣legue [unspec E] notwithstanding) to award any penaltie restreint or chastisement, upon them that refused to be enrolled for warfare. The Cos. being armed with this decree and warrant, after he had cau∣sed some few to be had away by the necke & laid fast, that called upon the Tribune for helpe, the rest for feare were sworne to serve. Thus the armie was led forth to the Castle of Carventus. And although the souldiors were as odious to the Consull, as wickedly bent against him, yet at the very first comming, having manfully and lustily dispossessed the garrison, they recovered the fort. The souldiors who were slipt away from the hold, and gone a boothailing, by their negli∣gence gave the Romanes a fit opportunitie to enter and to surprise it. And a good bootie there was: by reason that they had continually gotten prises, and laid up all there as in a place of safetie. Which being sold in portsale, the Consull commanded the treasurers for to bring the mony in∣to [unspec F] the common chamber of the cittie: giving out these words withall, that the armie should then have part of spoile, when they denied not their service in warre. Hereupon both Commons and souldiors were more angrie with the Consull. And therfore when as by a decree of the Senate he entred the cittie Ovant, in a petie triumph, the souldiors according to their licentious manner (in that case permitted) followed after with songs and sonnets, answering one another in rude

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rime and grosse meerer, by alternitive staves. Wherin the Consull was greatly blamed, but Me∣nenius [unspec G] the Tribune, his name was set out to the height, his praises were blasoned and extolled aloft: and at every time that he was named, the affectionate favour of the people that stood in the streets appeared, by clapping of hands and great applause, striving avie to exceed the songs chanted by the souldiors. Which caused the Nobles to looke to it, and troubled them more than the malapert saucinesse of the souldiors with their Consuls, which is an ordinarie and usuall fashion among them. And Menenius (who doubtlesse had ben one of the Militarie Tribunes, if he had sued for it) was excluded from that dignitie by an Election of Consuls. So there were created Consuls. Cn. Cornelius Cossus, and L. Furius Medullinus the second time.

Never took the Com. the matter more to the hart, that the Election of Tribunes escaped their hands: which griefe of theirs in the Election of Questors, they both shewed & revenged. For this [unspec H] was the first time that the Questors were made of the comminaltie: so that in chusing of 4, there was but one place left for C. Fabius Ambustus, a Nobleman: and 3 of the comminaltie, Q. Silius, P. Aelius, & P. Pipius, were preferred before yong gentlemen, of most noble houses. I find that the persuaders of the people to use their full libertie in bestowing their voices, were the three Icilij, (descended of that house, which ever was most malitiously bent against the Nobles) who were for that year chosen Tribunes of the comminaltie, & possessed the peoples heads with a world of great matters, after which they gaped greedily: but so, as they flatly gave out and said, They would not stirre at all, if the people had not courage enough, so much as in the election of Que∣stors, which onely the Senat had left indifferent to the comminaltie and Nobilitie, to effect that which so long they had desired, and now by law was warranted. Thus the Commons assured [unspec I] themselves hereby of a mightie great victorie: and esteemed not the dignitie of Questourship to be the end and type of honor, but that thereby they seemed to have made a way and ouverture for new risen upstarts, to be advanced to Consulships and triumphs. The Nobles contrariwise stor∣med, not for that their dignities were made common and imparted to other, but for the utter losse thereof: protesting that if things went so on end, they would neither get, nor bring up chil∣dren any more: who being put from their Auncestours place, and seeing others in possession of their dignitie, should be disabled for bearing rule and authoritie in the stare, and be good for no∣thing but onely to be made priests for Mars, and Flamines for Iupiter, imploied about nothing els but to sacrifice (forsooth) for the people. Thus on both parts were their mindes netled and provoked, whiles the Commons tooke heart, and had three champions of great reputation to [unspec K] back them, and maintaine their cause: and the Nobles, seeing all would prove like to the Que∣stors Election (if it lay in the peoples choise) addressed themselves to the Election of Consuls, which as yet was not so free, and indifferent both for Commons and Nobles. Contrariwise, the Icilij persisted still, and urged the point, that in any hand Tribunes Militarie should and must be created. For now it was more than time that the Commons had their part in offices of state. But no Action hitherto belonging to the offices and charge of the Consuls had been presented un∣to them, by the hindering whereof they might wring from them, that which they desired and sought for. But see, how even then, in wonderfull good opportunitie, word was brought that the Volscians and Aequians were departed out of their owne Confines, and made an expedition into theLatine pale for to rob and spoile. To the which warre, when as by vertue of an order from [unspec L] the Senat, the Consuls began to muster: the Tribunes laboured tooth and naile to hinder it: gi∣ving out that this occurrent fortuned happily on their sides and the Commons. Three there were of them, and all most quick active and couragious men: yea (and for commoners) of good birth, and worshipfully descended. Whereof twaine tooke in hand, by their continuall travaile to attend and watch the Consuls, to keepe them a worke, and either of them to hold one occu∣pied: the third, was appointed to intertaine the comminaltie: and in all assemblies, with their Orations, one whiles to reine them in, another while to give them the head, as occasion requi∣red. But all this while, neither Consuls went through with the musters, nor the Tribunes with the election which they desired. But afterwards when fortune began to incline to the Commons side, messengers came with newes, that whiles the souldiors that lay in garrison at the Castle [unspec M] Carventana, were stept aside to get a bootie, the Aequians having slaine a few warders that kept the hold, entred it: and that all the souldiors were slaine: some as they ran into the fort againe, others as they were scattered in the fields. This thing falling out so crosse against the whole State, gave strength yet unto the designments of the Tribunes. For being dealt withall, that now

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[unspec A] at length they would surcease from hindering the warre, nothing would prevaile: for that they neither gave place to the publike calamitie and necessitie, nor yet regarded their owne privat pe∣rill of displeasure: & they obtained in the end that an Act of Senat was granted for to chuse Tri∣bunes Militarie. How beit with this expresse proviso, it was capitulated; That none of them who had ben Tribunes that yeare of the Commons, should be eligible and propounded: no, nor cho∣sen againe Tribunes of the Commons for the year following. Wherby, no doubt, the Senat no∣ted and pointed at that Icilij, whom they charged to seeke to be Consuls, for a reward of their se∣ditious Tribuneship. Then went the mustering forward, and preparation of war, by consent of all the States.

Sundrie authors write diversly and make doubt, whether both the Consuls went to the Castle [unspec B] Carventana, or whether one of them staied behind in the cittie for to hold the foresaid Ele∣ction. In this they disagree not, but set downe for certaine: that when they had assailed the Ca∣stle a long time without effect, they were compelled from thence to remove: and that Verrugo in the countrie of the Volscians by the same armie was recovered, and that great forraying there was, and driying of booties, both in the countrie of the Aequians and also of the Volscians. Now at Rome, as the victorie of the comminaltie rested in this, that they had the Election which they desired: so in the issue and successe of the Election, the Nobles had the better. For besides all mens hope and expectation, there were three Tribunes Militarie chosen with Consuls authori∣tie, all of the Nobilitie, C. Iulius Tullus, Cn. Cornelius Cossus, C. Servilius Hala. Men say that the Nobles used a subtile practise and cunningdevise, which even then the Icilij charged them with: [unspec C] to wit, that by intermingling a many of unworthie and unmeet competitours with others of marke and qualitie, they had alienated the peoples heartes from the commoners, seeing them to be men of no worth, and loathing the notable basenesse that appeared in their persons.

After this, tidings came, that the Volscians and Aequians (were it that the castle of Carventus which they held and guarded still, put them into some hope: or their garrison & fort lost at Ver∣rugo drave them into anger) were up in armes, with all force readie to make warre: that the An∣tiates were the principall and cheefe in this intended action: that their Embassadours had solli∣cited the people of both Nations, rebuking their cowardise, for keeping within their wals, and suffering the Romans the yeare before, to harrie and drive booties in their territories, and the ga∣rison of Vertugo to be surprised and lost. Moreover, that not only hosts of armed men were sent [unspec D] against them, but Colonies also were planted in their ••••ontiers and marches: & that the Romans not content to devide their lands and goods among themselves, had bestowed upon the Herniks the towne Ferentinum, which they had woon from them. At these speeches they were kindled and set on fire: and in all places whether they went to sollicite, the younger sort and able men in great number were levied. So the youth and manhood of all those Nations, gathered together to Antium, where they encamped themselves, and expected the enemie. Which tidings being brought to Rome, caused more feare than need was. And the Senat presently (which in all feare∣full occurents was ever their last remedie & refuge) gave order that a Dictator should be created. Which thing Iulius and Cornelius, two militarie Tribunes (they say) took in great displeasure. And hereof ensued much hartburning & dissention: whiles the LL. of the Senat of one side complai∣ned [unspec E] in vain of their greevances, That the Tribunes Militarie would not be ordered by the authori∣tie of the Senat: & at the last had recourse to the Tribunes of the Commons for help: alledging withall, that the very Consuls power upon the like occasion had been by their authoritie overru∣led and set downe.

And the Tribunes of the Commons on the other side, rejoicing at the discord of the Senatours, made answere againe, and said, That for their parts, they were not able to yeeld any succour at all, who were of no reckoning themselves, being reputed neither in the roll of citi∣zens, ne yet so much as in the number of men. But if so bee (say they) dignities and honours were communicated to us, then would ee provide and take order, that by no pride of any magistrate whatsoever, the Senats decree should be made frustrate and disanulled. And in the mean whiles, seeing the Nobles were exempt from all reverence of laws, and regard of Magistrats, let them of [unspec F] themselves also exercise the Tribunes authoritie if they would. This discord falling out so unfly, when so great warre was in hand, occupied and possessed mens heades a long time: whiles Iulius and Cornelius one after another, thus reasoned and discoursed: That seeing they themselves were captaines good enough for the conduct of such a warre, it was not meete, that the honour once bestowed upon them by the people, should be made voide and taken from

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them.* 1.54 Then Servilius Hal, who also was a Tribune Militarie spake and said: I have been silent [unspec G] thus long, not for that I was doubtfull in mine opinion, or to seeke what to say, (For what good cittizen (quoth he) would have his advise by himselfe, and go from the publike counsell?) but be∣cause I had leiser, that my brethren of their owne accord should give place to the Senats autho∣ritie, than to suffer the Tribunes power to be called for, against them. And even now also, if the case would permit, I could willingly give them time and space to retract againe their too too ob∣stinate, perverse and peremptorie opinion. But seeing that the necessities of war, waite not upon humane counsell, I will have more respect and consideration of the weale publicke, than of the favour of my brethren. Wherefore, if the Senat persist still in that mind and resolution of theirs, I will the next night following nominate a Dictatour. And if any one withstand me, I will aske no more, than the power and vertue of the Senates Act.
By which speech of his, having woon [unspec H] deserved praise and thankes of all men, he declared Publius Cornelius Dictator, and was himselfe by him nominated Generall of the horsemen. A singular example to teach as many as beheld him and his Colleagues, That otherwhiles favour and honour soonest fall to them that least de∣sire the same. The warre was small and nothing memorable: for in one easie and slight battaile were the enemies overthrowne and slaine at Antium. The armie upon this victorie wasted the Volscians countrie, wan by force the castle upon the lake Fucinus, and within it took three thou∣sand prisoners: having chased all the rest of the Volscians within their wals, not able to keepe their frontiers. The Dictatour, after he had performed this warre in such sort, as onely he might not seeme to neglect his wonted fortune but keepe it still in ure, returned into the citie with grea∣ter felicitie than glorie, and resigned up his place. [unspec I]

The Tribunes militarie, making no words at all of the chusing of Consuls (for anger, I sup∣pose, that a Dictator had been created) published the Election of Tribunes Militarie. But then the Senatours were in greater care and perplexitie, seeing their cause betraied even by those of their owne companie. Wherefore, as in the former yeare, by foisting in the basest of the Com∣mons for competitours, they had caused even men of good worth to bee despised: so, now by procuring the principall of the Nobilitie, both for honour and for favour, to stand for the digni∣tie, they obtained all the places to themselves: so as no one Commoner could bee chosen. So there were created foure, all having afore born that Magistracie, L. Furius Medullinus, C. Vale∣rius Potitus, Cn. Fabius Vibulanus, & C. Servilius Hala. This man was chosen again to the place, as well in regard of other vertues and worthie parts, as for the late favour which he woon by his rare [unspec K] moderation, and singular carriage of himselfe.

In that yeare, for as much as the time of truce with the Veientian Nation was expired, they began by Embassadours and Heraulds of armes, to challenge of them amends and restitution. Whom, as they entred into their territorie, the Embassage of the Veientians encountred in the way, requesting them not to goe forward to Veij, before they had presented themselves to the Se∣nate of Rome. Who being thither come, obtained of the Senate, that for as much as the Veien∣tians were at civile discord among themselves, they would not claime any Almendats at their hands. Lo, how far they were from seeking their own vantage by other mens distresse & calamitie. Also at the Volscians hands they sustained dammage by losse of their garison at Verrugo. But (see what a thing it is to slack the time) For whereas the soldiors besieged there, by the Volscians, [unspec L] and sending for aid in due time, might have been rescued if speed had been made, the armie which was sent for succour, came too short, and after the fray was ended. Onely this exploit they did: The enemies, who after their fresh massacre committed upon the garison, were gone abroad stragling for to raise booties, were by them overtaken and put to the sword. The cause of this slackenesse was imputed to the Senat, rather than the soveraigne Tribunes: who because intelli∣gence was given, that they in the garrison resisted and defended themselves most manfully, little considered, That there is no prowesse of man whatsoever, but by valour againe it may bee over∣matched. Most brave and valiant souldiours they, that neither whiles they lived, nor after death were unrevenged.

The yeare following, when P. and Cornelius, both surnamed Cossus, C. Fabius Ambustus and [unspec M] L. Valerius Potitus were Tribunes Militarie in Consuls authoritie, began the Veientian watre, by occasion of a proud & arrogant answere returned by the Senat of the Veientians: Who com∣manded that the Embassadors which came to claime a mends, should take this for their dispatch: That unlesse they departed presently out of the cittie and countrie, they would serve them as

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[unspec A] Lars Tolumnius had done others before. The Senatours of Rome hardly could digest that and therefore decreed, that the Militarie Tribunes, should propose unto the people as speedely as might be, even the day before to morrow, concerning proclamation of open war, and sending defiance to the Veientians.

Which as soone as ever it was noised and published, the younger sort and men of service, murmured and muttered in this manner: That as yet they had not fully ended the warre with the Volscians: that even of late two whole garrisons were lost, and their throats cut, and the forts kept still with danger and great hazard. There is not (say they) a yeare passeth over our heads, but one field or other is fought: and as if we had not worke and trouble enough alreadie, there was now intended new warre with a most mightie nation confining up∣on them, and which was like enough to raise against them all Hetruria. And as they were for∣ward [unspec B] enough of themselves to conceive thus, and utter these speeches, so the Tribunes of the Commons were not behind to buzze more matters into their heads, and set all on a light fire. Who gave out stillefrsoons, That when al was done, the greatest warring was between the Nobles and Commons: and that the Commons for the nonce were to be toiled out with travaile orwar∣fare, and exposed to the enemies for to be murdered: and that they were to be kept far off from the cittie, and as it were confined and sent out of the way: least by being quiet at home, & min∣ding their freedome and colonies, they should consult and devise, both how to dispose of the common grounds, and to give their voices freely. And ever as they could meete with any olde beaten souldiours, they would hold them with talke, take them by their hands, reckon up how many yeares they had done service in warre, fall to telling of their gashes and skars, asking them [unspec C] what whole place they had left in their bodies for to receive new wounds, and what bloud was behind to spend and shed, in the quarrell of the common-wealth?
When as by iterating these and such like speeches, both in their private talke and conference, and also other whiles in their publike assemblies, they had turned clean away the hearts of the comminaltie from taking war in hand: the foresaid Act propounded, was put off untill a farther day, and lay still for the time. Which no doubt, had been nipt in the head, and never would have passed farther, in case it had been referred and subject to the hard opinion and conceit of men, as then they stood affected. In the meane whiles agreed it was, that the Militarie Tribunes should conduct an armie into the Volscians countrie. C. Cornelius alone was left at Rome. The three Tribunes, after that they per∣ceived the Volscians in no place encamped, and nothing minded to trie a battaile, parted them∣selves [unspec D] three waies to wast and harrie the frontiers. Valerius hee marcheth to Antium, Cornelius to Ecetre. And everie way as they went, they spoiled all before them, both house and field, and all to amuse and keepe the Volscians occupied that way. But Fabius without any forraying at all, came directly to assault Anxur, which was the service most desired. Now Anxur was that, which at this day is calledTarracine, a cittie seated upon marishes. And on that side Fabius made shew of as∣sault. But there were foure cohorts under the leading of C. Servilius Hala sent out to fetch a com∣passe: who having gained the hill that overlooketh and commandeth the town, from that higher ground, with a mightie shout and outcrie assailed the wall, where it was disfurnished of guard to defend it. At which suddaine al'arme, they were amazed who manned the wall of the base towne against Fabius: and suffered them to set ladders to, and to skale. By which meanes every place [unspec E] was full of enemies. And upon the walles for a good while there was nothing but killing, as well those that fled, as those that resisted, armed and unarmed, one with another. So that, albeit they were too weake, yet forced were they to fight: because in yeelding they saw no way but one. But upon proclamation once made, that none but armed men should be killed: all the multitude besides willingly were disarmed. Of which number there were upon two thousand & five hundred taken alive. From the saccage Fabius kept the souldiours, untill his Colleagues were come: say∣ing, that Anxur was taken as wel by those armies, which had driven away the rest of the Volscians from the defence of that place, as by themselves. Who being come, the three armies jointly ran∣sacked it, & had the pillage for their labor of that rich town, that had gathered wealth a long time. Which courtesie & bountifulnes of the commanders, was the first thing that reconciled Com∣mons [unspec F] and Nobles together. Over and besides this munificence of the Rulers, the Nobles also began in most happie hour to be liberal unto the multitude. For before that either the Com. or Tribunes made the motion, the Senat decreed, that souldiors might have their paie out of the cit∣tie chamber: whereas before that time, every man in that service had borne his owne charges.
Never was there any thing, by report, so joifully accepted of the Commons: who ran by heapes

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together to the counsell house: tooke the Senatours by the hands as they came forth, and said, [unspec G] They were now truly called Patres, i. Fathers, confessing that now the day was come, that in the quarell of so bounteous a citie, there was no man would so long as his breath lasted, spare either lim or life. Seeing that this commoditie they should have to helpe them, namely, that during the time that their bodies were imploied, & busily occupied in the defence of Commonweale, their privat estate should stand at one yet, and not decay. And for as much as it came of them∣selves, and never moved by any of the Tribunes of the Commons, nor called for and craved im∣portunatly, by their importune speeches; that was it, that multiplied their joie, and made the boon it selfe much more acceptable. But the Tribunes of the Commons (who onely had not their part in this common joy and concord of all States) came in with their vie, and said, that it would not prove so joyous and happie to the Nobles all in generall, as they supposed: that this [unspec H] course and order taken, was at the first sight better than it would be found in the practise and ex∣ecution. For how could that monie possiblie be made and raised, but by levying a tribute or pai∣ment of the people? they were therfore liberal, but of other mens purses. But admit or say that the rest would beare it, yet those neither could nor would endure it, who were past warre-service, and lived upon their pensions and annuall salarie: who would grudge and repine, that others here∣after should serve in warre for more gaine than they had in their time done; who having beene charged with the pay of their owne service, should now againe bee put to contribute to the wages of others.
With these words they moved part of the Comminaltie. Last of all when there was a levie exacted, the Tribunes also proclaimed, That they would beare as many out, as would not contribute to the souldiors pay. The Nobles continued still to maintain that which they had [unspec I] so well begun, and were the first that opened their purse, and for that as yet they had no silver coine, some of them carried grosse peeces of brasse in waines to the treasure house, and made a goodly shew of contribution. When as the Nobles had most faithfully paied according to the rate of their wealth: the cheefe of the Commons also, friends of the Nobilitie, as it was afore agreed, began to lay their pennie to theirs: whom when the common sort saw both to bee com∣mended of the Nobles, and to be admired and reverenced of the souldiours as good citizens: they all upon a suddaine, refusing the Tribunes assistance, began to strive who should pay first. And the decree or act being once passed; of proclaiming war against the Veientians, the new Tribunes Militarie led an armie to Veios, consisting much upon voluntarie souldiours. Now the Tribunes were T. Quintius Capitolinus, P. Quintius Cincinnatus, C. Iulius Tullus the second time, [unspec K] A. Manlius, L. Furius Medullinus the third time, and M. Aemylius Mamercus. And these were the first that besieged Veij.

About the beginning of which siege, when the Tuscanes held a counsell in a solemne assem∣blie at the temple of Volumna, they could hardly agree upon this point, Whether the Veientians should be defended by generall warre of the whole Nation, or no. The yeare following was the siege not so hote, by reason that some of the Tribunes, and part of the forces, were called away to the Volscian war. The Tribunes Militarie in Coss. authoritie, that yeare were C. Valerius Poti∣tus the third time. M. Sergius Fidenas, P. Cornelius Maluginus, Cn. Cornelius Cossus. C. Fabius Am∣bustus, Sp. Nautius Rutilius the second time. With the Volscians there was a pight field fought be∣tweene Ferentinum and Ecetra. Wherein the Romanes had the day. Then the Tribunes began [unspec L] to lay siege to Artena a towne of the Volscians: where, by reason of a sallying forth by them at∣tempted, the enemies were driven backe into the towne, and the Romanes tooke occasion and vantage thereby, to breake in with them pell mell, and so they woon all, save only the castle. Into this fort naturally fenced, a good companie of armed men betooke themselves: but beneath the castle, many a man was either slaine or taken prisoner. Afterwards was the fortresse besieged also: Neither could it by assault be forced, for that there was a guard sufficient to man it, considering the bignesse of the place: nor gave the assailants any hope of yeelding, for before the towne was lost, they had conveied al their publicke provision of come into the castle. So that the Romanes had for very wearisomnesse departed from thence, but that a bondslave betraied it unto them. Who let in certaine souldiours at a steepe high place, and those were they that woon the for∣tresse: [unspec M] for when the warders were by them slaine, the rest of the multitude with suddaine fright were soone overcome, and yeelded. Thus, when both the castle and town of Artena was sacked and spoiled, the legions were brought backe from the Volscians, and all the Romans power im∣ploied against Veij. To the traitour aforesaid, there was given besides libertie, the pillage of two

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[unspec A] housholds for a reward. And he was named ever after Servilius Romanus. There be that think Ar∣tena was a towne of the Veientians, and not of the Volscians: the occasion of which error is, for that there was a towne of that name betweene Cere and Veios. But that towne the Romane kings destroied: and it belonged to the Ceretes, and not to the Veientians: but this other, wher∣of we have reported the destruction, was in the countrie of the Volscians.

Notes

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