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CHAP. IV. The affairs of the Romans contem∣porary with the second Empire.

SECT. I. From the Banishment of Tarquinius and first change of the Government, to the alteration made by the Decemvivi, the space of 57 years.

1. THe Kingly Office being banished with Tarquinius (though both rebel∣liously and impudently) that of Consuls succeeded.* 1.1 Who were so called a Consulendo. Festus observeth out of Verrius, that the word Con∣sulas was used by the Antients, not onely for Consilium petas, and perconteris; but also for judices and statuas: Moreover the word Consulere is many times taken for providere, or prospicere. According to this Etymology vari∣ous is the opinion of Learned Men concerning this Office. Some derive it from the duty or work of consulting the Senate,* 1.2 which was incumbent upon the Consuls. Others interpret it of judging, which, saith(a) 1.3 Lipsius, I onely read in(b) 1.4 Quintilian, who puts the question, whether Consul was so named from consulting, or judging, seeing that consulere was used also for the la∣ter, whence arose that phrase: Rogat boni Consulas, that is, judices; but not only Quintilian, but Festus also, in the word Consulas, giveth this Ety∣mology. Lastly, some derive it from the end of the Office, which was con∣sulere, or providere, as(c) 1.5 Florus and Justinian's Code. But those Magi∣strates were not first of all named Consules but Praetores, which name, although it was common to others, yet stuck to them by way of excellency.(d) 1.6 Festus saith it expresly; and so doth(e) 1.7 Justinian in his Novellae Constitutiones. Xonaras saith the name of Praetor continued till the Decemviri, who being banished, then at length crept in the name of Consul. But he should ra∣ther have said, that then the name of Judex crept in; for it appeareth out of Livie, that they were called Judices next after Praetors, before the name of Consuls came in. The Historian in his third Book speaking of such things as happened in the first year after the writing of the twelve Tables addeth: In these times it was the custom not to call the Consul by the name of Judex, but Praetor.(f) 1.8 Varro out of antient Commentaries confirmeth this, and(g) 1.9 Ci∣cero giveth the Etymology of all these Offices thus, à praeeundo, judicando, consulendo, Praetores, Judices, Consules appellantur. Some upon good grounds coniecture, that after the creation of Praetors, who were peculiar Judges, the name of Judex was left, and that of Consul succeeded, which continued to the last.

* 1.102. The power of Consuls was at first the same with that of Kings, allayed onely by plurality of persons and shortnesse of time, so that Cicero calleth it Regium Imperium, and Regia potestas, and the Greeks chose to call them Hypatoi, which signifieth those that are most excellent or chief, as Dionysius telleth us. In the beginning they might imprison and sentence at their plea∣sure, having the power of life and death over the Citizens, though scarce the authority to make peace and vvar, as Lipsius affirmeth. By degrees this great power was diminished, and that especially by two things, viz. Appeal, and Interposing, called Provocatio and Intercessio. The former was presently brought in after the banishment of the Kings, by Valerius Poplicola, who preferred a Law for taking away animadversion upon Citizens from the Con∣suls, and giving liberty of Appeal to the People as the higher Judge. But by the Interposition of the Tribunes of the people who were afterwards created, all actions of the Consuls whatsoever might be obstructed, as by the voyce of the people it self, whose power and dignity thenceforth dayly increased, and took authority over all Magistrates. Hereby was that of the Consuls much diminished; Yet not quite broken and dissolved as long as the Com∣monwealth continued; their Offices being both many and large. For first they were the head of the State, all ordinary Magistrates being subject and obnoxious to them, (except the Tribunes) in whose actions they might in∣terpose. Secondly, they had the chief Command in the War over Citizens and Associates, as also over Provinces and Subjects, whom they might punish; and Authority to appoint Officers in the Army, as appeareth out of Cicero and Polybius in several places. Thirdly, they assembled the people, con∣sulted with it, preferred Laws also, which if enacted bore their names. Fourthly, they received Letters from Governours of Provinces, from Nations and Cities: gave audience to Ambassadors, and what was to be done either by Senate or people passed through their hands as chief Ministers of State. Fifthly, as the Senate handled and executed all things in peace and vvar, so did they govern it in some sence, they assembled and dismissed it: there∣in they asked the Members their opinions, counted and divided them: and in conclusion they steered the ship of the Commonwealth. This was their power while the free State continued; but after it was subjected to the power of one person, their authority was again much impaired, few of all these privileges remaining to them; for that the Prince assumed the rights of all Magistrates, but especially those of the Consuls and Tribunes. Un∣der the Emperours they were employed in consulting the Senate, admini∣string Justice, assigning Tutors or Guardians, manumitting Slaves, letting out to farm the Customs (which Office formerly belonged to the Censors) and managing publick Games: besides, they had the honour of having the year Characterized by their names, as formerly. These things will be sufficiently evinced (at least most of them) in the sequel of this History concerning Roman affairs.

* 1.113. There were observed certain Consular Rites, which it will rather be∣hove us in this place to relate, than scatteredly hereafter to give an account of them. First of all the time wherein the Consuls assumed their Office was not set or constant, but various, till the year of the Citie 532. when both they and other Magistrates entred on the Calends of January, having before, as* 1.12 Simp∣son and others observe, Commenced on the Calends of Quintilis called July, as well as at other times. The first day was an high day, and very creditable to them, the Senate and people meeting at their houses, saluting, and ac∣companying them to the Capitol, where they took their Oaths and Sacri∣fized. Thence they went to the Senate house, where they were orde∣red by a Senatus Consultum to give thanks to the Prince of the Senate; then sent they gifts to their friends, and threw money to the people, which later expense was afterwards taken away by the Emperours, and ap∣propriated to the repairing of aquaeducts. They twice swore to govern ac∣cording to the Laws (as all other Magistrates did, none being to keep his Office above five dayes, except publickly sworn) when first they entred; once

in the Capitol, and then again in the Rostra, in their hands to whom they suc∣ceeded: and at the laying down of their Office again at the years end they swore in like manner, that wittingly and willingly they had done nothing, contrary to the said Laws. Another Rite there was, as Lipsius termeth it, about their power, which thereby was so increased as to become as absolute as the Kingly was. This was onely upon an extraordinary occasion, or in ex∣tream necessity, when all lay at the stake, and the Citie was in danger. Then a Decree of the Senate passed in this form: Viderint Consules nequid Resp. detrimenti accipiat, or Dent operam Consules nequid Resp. detrimenti Capiat, as* 1.13 Sallust hath it, who addeth, that this greatest power was given by the Se∣nate to these Magistrates, to raise forces, make War, all manner of wayes to punish Citizens, and associates, to have, both at home, and abroad in War, ab∣solute command and judiciary power. Otherwise without the command of the people no Consul could do any of these things. In a word, by this Decree was restored to them that power (or rather more given) which was taken a∣way by the Appeal, and other Laws.

4. What the Ornaments and Ensigns of the Consuls were, we have for∣merly observed out of Dionysius, to which shall be added upon occasion what may be thought requisite.* 1.14 As for the age wherin a man was capable of this Office,(a) 1.15 Tacitus observeth, that of old it was lawfull at any age to sue for the Consulship, and the supream power of Dictator. But afterwards be∣ing taught otherwise by experience (in the 573^th year of the Citie) the Ro∣mans thought fit to set bounds to juvenile heat and ambition. This was, as(b) 1.16 Livy writeth, by a Law which L. Julius (or Villius) Tribune of the peo∣ple preferred, whereby was limited a certain age before which it was not lawfull to stand for any place of Magistracy; but from Cicero it should ra∣ther appear that there were several Laws made for the several Offices; and at length the Lex Julia or Annaria, included, and abolished all the rest. For(c) 1.17 he maketh them many, calling them in the plural number Leges An∣nales; and Livy, saying that then first of all a Law was preferred by Julius, in effect contradicteth himself, relating elsewhere a(d) 1.18 passage concerning Scipio Africanus, that when he stood for the Aedileship, the Tribunes of the people opposed him, alleging that he was not yet arrived at the lawfull age which was required for that Office; and yet he was many years before Ju∣lius or his Law. Cicero(e) 1.19 declareth the 43^th year to have been the age of Consulship, saying, that Alexander the Great having died in his 33^th year, came ten years short of the Consular age. If his words be taken strictly, the 43^th. but if more largely, the 42^th was the year, and this rather as many examples do confirm. A grave age became this most grave and weighty Office; but sometimes the people dispensed with the Law, as will be shewn, the Emperours neglected it, and Caesar Dictator before them, who made Dolabella Consul at 25.* 1.20 Lastly, as for the Term or duration of the Consulship, it was annual, as we before hinted in Brutus his model, and so continued, till Julius Caesar made several in one year, so that afterwards Consuls were nominated for three, two, and one moneth, and others substi∣tuted one after another. Hence came it to passe that there were two sorts of Consuls, Ordinary and Substitute, the former beginning on the Calends of January, and the later at other times. This custom continued till Constan∣tine, who again made the Office Annual, and instead of the Suffecti, or Sub∣stitute, ordained a new kind, called Consulares, and Consules Honorarii, whose Office was not called Consulatus, but Consularitas, having derived its Original from the Consular Ornaments invented by Julius Caesar. Of this titular promotion,(f) 1.21 Cassiodorus is to be consulted.

* 1.225. But (to come to the matter in hand) the first Consuls were L. Junius Brutus, and L. Tarquinius Collatinus, who began this Office, according to(a) 1.23 Dionysius his Computation, in the beginning of the 68^th Olympiad, wherein Ischomachus of Crotone was Victor, Isagrus being Archon at Athens. Because they could not deny that many good things had been done by Kings for the Commonwealth,* 1.24 they would have the name preserved for ever in the

State, and therefore gave order to the Pontifies and Augurs to chuse out some one, who taking care of Superstition, and being exempted from War, should be called Rex Sacrificulus,* 1.25 to which Office allotted unto the Patri∣tians, Manilis Papirius of that Order first attained. Next after this, fearing that the people might have, as they well might, an ill opinion of their inten∣tions, and say that for one they had got two Kings; to diminish envy, where∣as each of them had as yet twelve Axes carried before them, as the Kings used to have, they ordered that but one of them should have twelve Axes, and the other twelve Lictors with Rods alone, and each his moneth should have the Axes. This contained the people better in obedience, as other things whereby they laboured to render themselves popular. For they revived the Laws of Servius Tullius, concerning publick meetings and assemblies, with other things which conduced to the satisfaction of the common sort, who now looked upon their lawlesse liberties as recovered.

6. Tarquinius after his banishment first stayed at Gabii for some time, whither many of his party flocking to him, after he could not prevail with them of that place to make War in his behalf against the Romans, he betook himself into Toscany, or Hetr••ria, where he could claim kindred by his mo∣ther, and there winning mens minds by his munificence, and moving them with his tears, he procured Ambassadors to be sent to Rome in his behalf. First they moved that he might be received again, promising on his behalf very good demeanour for the time to come, and when this equity could not be heard, they (or others sent aferwards, as Plutarch writeth) desired he might have his goods, especially such as were descended upon him from Tarquinius Priscus his Grand-father, who had in no wise ill deserved of them. Brutus, according to his furious and malicious temper, very vehe∣mently opposed it, saying, that it would shew little forecast in them to fur∣nish him with money to imploy against themselves; but his Collegue was for restoring the goods, and prevailed to have the Decree passe on his side, by one Vote onely overpowering the contrary party, according to Dionysius. The Ambassadors having it in charge to labour with the friends of Tarqui∣nius, that they might do something effectually, drew out the time in length, pretending they wanted carriages, and must sell such things as could not be removed. They stayed so long as to draw over to them some of the two no∣table families of the Aquillii and Vitellii, viz. two persons of this, and three of that. Of all these Collatinus the Consul was Uncle, and Brutus also had married the sister of the Vitellii, by which he had several Children, whereof two youths they drew in, having convinced them of their fathers vehemency, madnesse, and folly, and given them good hopes of great things to be done for them by Tarquinius.

7. These men met in the house of the Aquillii to ripen their businesse. There in the dark, a certain slave, Vindicius by name,* 1.26 fearing to be found in that room when they came in, and not with any intent to harken, had himself behind a Chest, and heard their whole debate concerning their purpose of killing the Consuls; about which they gave Letters then to the Ambassadors (who lodged in the house, and were present at the meeting) to be delivered to Tarquinius. The Slave in this case knew not how to carry himself; for, to go to Brutus, and to accuse his own sons to him seemed an hard and bold attempt, as also no lesse to do it unto Tarquinius their Uncle; no private person he knew to whom he might communicate so great a matter, and yet a thing of such consequence he thought was not to be buried in silence, nor yet the discovery thereof deferred. At length he betook himself to P. Valerius, who had also a great hand in casting out the King.* 1.27 Valerius exceedingly struck with the thing, that he might proceed warily, first secured the slave to have him forth coming, then sending his brother Marcus to seize the Kings house, and watch the servants there, that they should carry away no Letters, he himself with his Clients and Friends went to the house of the Aquillii where he got into his hands what was written to Tarquinius. The Aquillii being abroad met him at the Gate, where they endeavoured to recover by force the

Letters from him; but he through the help of those about him drew them in∣to the Forum, as his brother also having seized on other Letters at the King's house, forced some of his servants thither. The tumult being appeased by the Consuls, Vindicius related the Story, and the Letters were read. The parties said nothing for themselves; all were astonished and silent; at length some to flatter Brutus mentioned banishment; Collatinus shedding tears gave the prisoners hope, and this was increased because Valerius held his peace.

8. But furious and implacable Brutus calling both his Sons by their names (Titus and Tiberius) asked them why they said nothing to what was laid to their charge, and when they answered not at the third time, he turned to the Lictors or Executioners,* 1.28 and said, Now is it your part to perform the rest. They presently took the youths, and stripping them tied their hands behind them: then did they beat with rods, and after that beheaded them, he, whilst others could not behold so abhominable a spectactle, feeding his angry eyes with the object, till all was done. Then left he the rest to the discretion of his Colleague and departed; after which a stupidity, horrour, and amaze∣ment, as the things required, for a time possessed all. Collatinus his back∣wardnesse and delay incouraged the Aquilii to desire time to answer, and that Vindicius their Slave might be given up to them, and not continue in the hands of their accusers. The Consul was about to do both, when Vale∣rius who kept the Slave all this while in the midst of his followers, would neither deliver him, nor suffer the People to depart without censuring the accused, though Collatinus was ready to dismisse the Assembly. He laid hands upon the Aquilii, and sent for Brutus, crying out, that Collatinus did unworthily, to impose upon his Colleague a necessity of killing his sons, and think of granting the lives of the other unto women. The Consul be∣ing vexed, commanded the Lictors to take away Vindicius, so that they lay∣ing hands on him, wounded those that kept him, and Valerius his friends fighting in his behalf, the People cried out for Brutus. When he came he said, that by his full authority he had animadverted upon his own Sons, and left the other delinquents to the People, giving leave to every man to speak. There was no need of this,* 1.29 saith Plutarch (though Dionysius relateth a great contest betwixt the two Consuls) but the rabble called to the vote, condem∣ned them by all their Suffrages, according to which sentence they were be∣headed. Collatinus now, who for being a kin to the King had been suspected, and whose name was hateful to the People, having by his carriage in this busi∣nesse offended the generality, voluntarily laid down his Office and departed from the City, seeing now to what a sad passe he had helped to bring things, and too late repenting of his rebellion. To him succeeded Valerius (the Comitia being held for an election) whom Brutus much desired to have had his Colleague at first, but that the greatnesse of Collatinus carried it from him.

* 1.309. Valerius being with the good-will of all the multitude created Consul, thought the first fruits of his Office due to Vindicius, whom manumitted he made free of the Commonwealth, this privilege being given to him first of all Liberti or Freed-men, according to Plutarch, (which Appius long after communicated to them all) and from him a perfect and full manumission had the name of Vindicta. This done, the Consuls gave the goo•••• of the King to be rifled by the People, demolished his house,* 1.31 and laid the Campus Mar∣tius which he had to himself, open as before, wherein lying Corn cut down already, they threw it into the River, and sending trees that grew there after it, these receiving gravel and such rubbish as came down the chanel, at last grew into an Island called Insula Sacra; though some say, this hap∣pened in after times, when Tarquinia a Vestal Nun gave the adjoyning field to the Publick, and for that obtained great honours, as these amongst the lest; of all women alone to appear as a witnesse in any cause, and liberty to marry, which she refused. But Tarquinus seeing that reason failed, betook himself to force, and brought a great Army of Tuscans against Rome.

The Consuls opposed him with another, and when they came to joyn, Aruns the son of Tarquin, and Brutus the Consul, with greater wrath and fury than discretion, singled out each other, and so carelesly demeaned themselves, as both of them lost their lives. A great and bloody battel was fought betwixt the Armies,* 1.32 which night onely broke up, and that with such equal fortune, as neither party could boast it self, till at length either by a voice out of a grove,* 1.33 as the story goeth, that the Etruscans had lost one man more, or some other way, the Romans were so revived, and the other discouraged, that the later forsook their tents for fear, and being fallen upon by the Enemy, were nigh 5000 taken prisoners, having lost 11300 in the fight. Valerius triumphed at his return to the City (leaving an example to posterity which was duly fol∣lowed) and then buried his Colleague with great honour, making himself a funeral Oration in his commendation, which custom Dionysius will have more ancient at Rome than in Greece; although Anaximenes wrote that Solon was the Author of it.

* 1.3410. But when the People considered how Brutus the father of their li∣berty, as they accounted him, would not govern alone without a Colleague, and yet Valerius made no haste to take a partner, they began to complain, that he had not taken to himself so much the place of Brutus (which yet not at all belonged to him) but that of Tarquinius, and were much offended with him. They confirmed themselves in their hard opinion, from his ha∣ving all the Rods and Axes caried before him, and with them, in greater state than Tarquinius used, marched from his house, which was much larger than the Palace that he demolished. His house was very fair, situate in such a place as afforded him prospect round about, and had a difficult ascent; so that the convenience of the site, considered with his Kingly port and atten∣dance, seemed to threaten their infant Commonwealth, now an Orphan by Brutus his death. His friends remonstrating to him these particulars, he con∣tended not;* 1.35 but that very night sent for Carpenters, who demolished the house ere morning: the next day the People were presented with a new and unexpected sight, which fully altered their opinion concerning Valerius; who now wanting an house of his own, was glad to accept of the courtesie of friends, till the People gave him a place, wherein he built a mansion lesse stately than the former. Further, that he might render not onely himself, but also his Office, in stead of terrible, familiar and acceptable to all, he removed Axes from the bundle of Rods, and, the Rods themselves, vvhen he came into the Assembly, he bowed or vailed to the People, thereby inti∣mating, that in them lay the chief power; which custom his Successors fol∣lowed. Hereby, as to his own person, he lesned not himself, but cut off envy, and got so much power, as he renounced of liberty, the People wil∣lingly submitting to him, because he flattered them, out of which respect they gave him the Sirname of Poplicola, not Publicola, as Sigonius hath evinced. He gave free leave to any to sue for the Consulship; but before a Colleague should be joyned with him, being ignorant what might happen, and fearing he might either through emulation or ignorance crosse his designs, by his sole authority, he gave birth to several Popular Constitutions, which at length pro∣duced such effects as shewed the excellency of that Government which he had helped to destroy.

11. First he filled up the Senate which had been exhausted, by an addi∣tion of 164 Persons, as some delivered the number. Then made he several Laws,* 1.36 which gave beginning to that paramount or rampant liberty, whereof the People was afterwards possessed. By one he gave leave to an accused per∣son, to appeal from the Consuls to the People. By another, he made it death for any one to take upon him an Office of Magistracy without the Peo∣ple's order. A third gave relief to poor Citizens, by taking away the pay∣ment of Tribute. Another punished disobedience towards the Consuls, and appointed the mulct to be the price of five Oxen, and two Sheep: the price of a Sheep was ten Oboli (each Obolus was worth 1 d. q.) and 100 the va∣lue of an Oxe. For at that time the use of money was but rare amongst the

Romans; wealth consisting in plenty of Cattel; whence riches were after∣wards called Peculia from Pecus, and upon the antient money an Oxe, Sheep, or Hog was stamped, which gave it the name of Pecunia: and hence they imposed upon their sons (as Plutarch observeth) the names of Suillii, Bu∣bulci, Caprarii, and Porcii. Another Law Valerius made, which gave power to any man to kill him unheard, that affected the Supreme power, if he could demonstrate the crime. The last was a Law for the creation of two Quaestors or publick Treasurers, as Plutarch writeth. For it being necessary that the People should contribute money for maintenance of Wars, he would neither undertake the keeping of it himself, nor commit the care of it to his friends, neither thought it convenient that the Publick money should be kept in a private house: therefore he made the Temple of Saturn the Aera∣rium, or Treasury, and caused the People to chuse out two young men to be Quaestors.* 1.37 The first were P. Veturius, and M. Minucius. A great quan∣tity of money was now brought into the Aerarium. For at the Census 130000 were cessed or valued, besides Widdows and Orphans. Thus much Plutarch delivereth concerning this Office.

12. But some give a more antient beginning to the Quaestors, making theirs antienter than any Office, except that of the Kings.(a) 1.38 Gracchanus a Lawyer wrote,* 1.39 that both Romulus and Numa had their Quaestors, created by the consent of the People; however he saith it is certain that Tullus Hostilius had his.(b) 1.40 Ulpian confirmeth the later, and(c) 1.41 Tacitus seem∣eth to agree with either of them, affirming that under the Kings there were Quaestors, which the Lex curiata sheweth, that was renewed by L. Brutus. He addeth, that the Consuls had power to chuse them, till the People took that honour to it self, and first of all created Valerius Potitus, and Aemilius Mamercus, that they might follow the Army, in the 63 year after the ba∣nishment of Tarquinius. Lipsius thinketh this number should be read 23, that it might agree with(d) 1.42 Dionysius, and also(e) 1.43 Livie, who first mention∣eth the Quaestors in the 269 year of the City, 23 years after the banish∣ment of the King, and differeth onely in one of their names, having for Aemilius, Caeso Fabius. Concerning the antiquity of these Officers(f) 1.44 Pom∣ponius also the Lawyer agreeth with the rest. They had their name à quaeren∣do saith(g) 1.45 Varro, because they made inquiry after publick money, and al∣so Malefactors, or the actions of such, which later employment was after∣wards committed to the Triumviri for capital matters, so that Quaestor is written as for Quaesitor. Justus Lipsius is of opinion, that though the Kings might have these Officers for the punishment of vice, yet the Treasurers were not created till the change of the Government, when the Publick Treasure being increased there was need of such. At the beginning they were but two by consent of all;* 1.46 and those were made for the City, retaining afterwards the name of Urbani. But afterward when they were to look to the paying of the Armies abroad, and selling plunder and booty, then were there other two made, to accompany the Consuls, as Livie saith, which hapned about the 232 year of the City.

13. This number long continued, until all Italy was brought in; then was it again doubled, no fewer than eight being thought to suffice for the Tributes of the Provinces; and this hapned when Silver money was first coined, about the 439 year of the City, as may be gathered from the Epitome of Livie's 15 Book. Not long after Sylla procured by a Law, that twenty should be made for the assistance of the Senate, as Tacitus writeth, to which he had delivered the judicial power: and for such an end did Caesar cause fourty to be created. The Quaestorship was the first step to Offices of Magistracy. Their duty, as is clear from several Authors, was to gather, lay up, and pay out the publick revenues,* 1.47 to keep the military Ensignes of Gold and Silver (for they then used no banners) in the Treasury, to sell plunder and booty, receive, lodge, and carry out Ambassadors. They had also the government of certain places, as Ostia and Cales. They received from Augustus the privilege of keeping the Senatus consulta, which formerly belonged to the

Aediles and Tribunes. And the Emperours had a certain Quaestor of their own called Candidatus Principis, and Quaestor Principis, or Augusti, whose Office Ulpian describeth. This gave original to the Quaestor Palatii (saith Lipsius) to whom was granted great authority, as to make Laws and Decrees, subscribe Petitions, return answers, and to be as it were the keeper or Pre∣sident of the Laws, which name is now changed into Chancellour. But, to speak something of the Treasury, the Temple of Saturn was first made use of to this purpose,* 1.48 as Plutarch telleth us. Here also were kept the Libri Elephantini, Books wherein the 35 Tribes were written, and the Decrees of the Senate; but the Libri Lintei, or the Annals, were kept by the Pontifices, who therein recorded such things as were memorable. In the Aerarium was also a more secret place, where the twentieth part of the revenues were re∣served for cases of extremity onely. The Aerarium was afterwards called Fiscus, from the Fiscella, or bags wherein the money was kept, according to Varro. The first Advocatus Fisci was instituted by Adrian the Emperour, as Spartianus witnesseth. Amongst other tributes, the People of Rome had the twentieth part of all revenues of Corn throughout Italy, besides Salt, which was the device of Livie, thence Sirnamed Salinator. Those that far∣med the Tributes or Custom were called Publicans, and the principal of them Mancipes, according to Pedianus, whom Volateranus followeth.

14. Valerius Poplicola having finished his constitutions of Setlement, held the Assembly of the People for the election of another Consul. Lucie∣tius the father of Lucretia was chosen,* 1.49 to whom, as the elder, Poplicola granted the Fasces or bundle of Rods; which respect of age was ever after observed by their Successors, till the time of(a) 1.50 Plutarch, as himself writ∣eth. This granting of the Fasces was yet but for the first moneth, which indeed afterwards was wont to be granted to the elder Consul; but no longer than till the Lex Julia, in the seventh Chapter whereof this privilege was given to him who had most children, either still in his own power (that is to be un∣derstood not emanicipated) or already lost in War. But if both Consuls had an equal number of children, he who at present was a maried man was pre∣ferred. If both were husbands and fathers alike, then the antient custom returned, and he who was eldest had first the Fasces. Concerning such who were both unmaried, had the same number of children, or were both maried and had no children, the Law commanded nothing. But I hear, saith(b) 1.51 Gel∣lius, that those who were exempted, were wont to yield the Fascos of the first moneth to their Colleagues that far exceeded them in age, or in birth, or entred upon their second Consulship. In the mean time that Consul who had no Fasces, that he might be known by some note of distinction, had an Accensus (a certain Bedle or Crier, concerning whom(c) 1.52 Varro is to be consulted) that went before him, and Lictors followed with Rods and Staves, as(d) 1.53 Dionysius,(e) 1.54 Livie, and(f) 1.55 Suetonius de testifie.

15. Lucretius died also a few daies after his creation, to whom succeeded M. Horatius,* 1.56 who continued the Colleague of Poplicola for the remaining part of the year, Novv vvas the Capitol finished vvhich had been vovved by Tarquinius Priscus, and begun by Superbus his grand-son. Poplicola had a great ambition to dedicate it, but the Nobility envied him the honour, and stirred up Horatius to stand for it, whom when the other was constrained to be absent in the War, they injoyned by a Decree to do it, and caried him up thither, knowing that in the presence of Poplicola they could not have prevailed. Some write, that by lot the War fell to Poplicola much against his will, and the Dedication to Horatius. On the Ides of September, which fell in with the full Moon of the Greek moneth Metagitnion (answering to August the 28 of the Julian year, as Jacobus Cappellus computeth) when many flocked to behold the Solemnity, Horatius having commanded silence, and finished all the usual rites, touched the door, and pronounced the words of Dedication. Then Marcus the brother of Poplicola standing near for that purpose, and watching for an opportunity, said, Thy son O Consul is dead in the Camp, whereat when all others were struck, Horatius nothing

disturbed answered onely, Then cast him out whither you please, for I admit not of mourning, and went on with the matter in hand. Neither was the story true,* 1.57 but feigned by Marcus to deter him from the Dedication. The same fortune hapned to the Dedication of the second Temple of Jupiter Ca∣pitolinus, after this was burnt in the Civil Wars. For Sylla having rebuilt it died before the Dedication, as Tarquinius was banished, and so that ho∣nour came to Catulus. When this had perished in the sedition of Vitellius, Vespasian built the third, and was herein more fortunate than Sylla, th••t, as he died before the Dedication of his, so the Emperour lived not to see the destruction of this, which presently after his death was also burned. The fourth which stood in Plutarch's time was both built and dedicated by Domi∣tian. Tarquinius, as was reported, spent 40000 pounds of silver in founding his Temple; but the fourth was not guilded for so little as the wealth of the richest private man. The Marble Pillars Plutarch saw at Athens, being then of a thicknesse answerable to their length, but afterward when they were new cut at Rome, they got not so much splendour as they lost of proportion and beauty, being rendred too slender in bulk or substance.

16. In the* 1.58 Consulship of Junius Brutus and M. Horatius (that is in the same year that Horatius succeeded, though not immediatly, into the place of Brutus, who with Tarquinius his Collegue governed but 4 moneths) when the Temple of Jupiter Capitolinus was Consecrated, 28 years before Xerxes his expedition into Greece, the first League was made betwixt the Romans and Carthaginians.* 1.59 Herein it was provided, that the Romans should not sayl beyond the Fair Promontory, which lay before Carthage towards the North. Polybius thinketh the cause was, for that the Carthaginians would not have them take notice of the places about Byzacium, nor the little Syr∣tis: which for the fruitfulnesse of the soyl they termed Emporia. But if it hapned that any, either by Tempest or Pirats, were forced in thither, they promised they would furnish them with all things necessary, but forbad any thing to be taken by force, and commanded all to be gone thence within five dayes. It was lawfull hereby for the Romans to Traffick to Carthage, and all that part of Africk which lieth on this side the Fair Promontory, as also Sardinia, and that part of Sicily then under the Carthaginians, who pro∣mise upon their publick faith that all Justice shall be duely executed. From this League it appeareth that the Carthaginians speak of Africk and Sardi∣nia as absolutely their own, but far otherwise concerning Sicily expresly di∣stinguishing of that part thereof which they had subdued. The Romans also include in this League onely Latium, making no mention of the rest of Italy, which was not in their power. After this another League was made, or ra∣ther this renewed, wherein the Carthaginians comprized the Tyrians, and the people of Utica. To the Fair Promontory were added Mastia and Tarseium, beyond which it was neither lawfull for the Romans to make any depreda∣tions, nor build a Town. These things Polybius observeth concerning these Leagues, which he also exemplifieth, and to which we referre Students in Hi∣story.

17. Tarquinius, after that great battel wherein he lost his son Aruns in a Combat with Brutus, betook himself to Clusium, the King whereof Porsena by name (one of great account for his power and munificence amongst the Kings of Italy) he procured to take upon him his quarrel. He first sent to Rome,* 1.60 commanding them to receive their King according to their duty,* 1.61 and upon refusal, both threatned, and made War upon them.* 1.62 Now were crea∣ted Consuls Poplicola the second time being absent, and T. Lucretius Trici∣pitinus on the Calends of October, according to the Pompilian year, which answered to September 14. of the Julian in the new Moon.* 1.63 Jacobus Cappel∣lus observeth that the Consuls Commenced at this time of the year from the first of Poplicola, till fifteen years after, in the 261^st year of the Citie. Sp. Cassius and Posthumius Cominius began their Office a moneth sooner, viz. on the Calends of October. The reason might be, for that the new Moon sell in with the Autumnal Aequinoctial on the 29^th of Julian September,

from which the Pompilian, or Numan, September seemeth to have Com∣menced that year, the Moon increasing, although without order. For the Calends of October ought rather to have been on that day; but such errors were frequent in the Pompilian year, either through the negligence, or wil∣full neglect of the Priests. After the third year the Calends (or first day) of January recovered their true place, viz. the next new Moon to the Winter Solstice; but September obtained to be the beginning of the year untill the 278th year of the Citie, wherein the Comitia for Creation of Consuls were cast back to the Calends of the moneth Sextilis (afterwards called August) at what time A. Virginius Tricostus, and Sp. Servilius Structus were made Consuls, in the Summer Solstice, as Dionysius observeth.

18. Poplicola returning to Rome, first resolved in magnanimity to out∣vy Porsena, and for that purpose, when the King was now approaching, founded the Citie Sigliucia (or rather Signia) which with great expence he fortified, and then planted it with 700 Inhabitants, making hereby a show that he could without any trouble or fear sustain the War.* 1.64 But Porsena laying close siege to Rome, very fiercely with all his might set upon the Citie. The two Consuls with much ado repelling the Toscans, at length were both so wound∣ed as they must needs be carried off, after which the Romans fled from be∣fore their Enemies, who in their retreat into the Town followed them close, and flocked upon the bridge.* 1.65 There Horatius sirnamed Cocles (either for that he had but one eye, having lost the other in War, or because his Nose was so depressed that both his Eyes seemed to go into one, whence intend∣ing to call him Cyclops, by ignorance of the language they pronounced it Co∣cles) together with Herminius and Lartius, opposed himself against the Tos∣cans. Cocles stood before the bridge, and repulsed the Enemy so long till it was broken down behind him, which done, he cast himself armed as he was into the River, and swom out to his friends, having received a wound with a Spear. To require him for the lamenesse he contracted by this wound, and in admiration of his valour, Poplicola caused all the Romans to give him, every one so much provision as would serve one for a day, then conferred he on him so much ground as he could plow round about in one day, and they erected to his memory a Statue in the Temple of Vulcan. But Porsena draw∣ing out the siege in length sore straitned the Citie. Poplicola now executing his third Consulship, together with his last year's Collegue M. Horatius Pulvillus, led forth his men, and giving the King battel, overthrew him, and killed 5000 of his men. Yet this little availed, the honour of finishing this War being reserved for the valour and policy of Mutius Cordus.

19. Mutius a man of excellent courage, and no lesse skill in War, resol∣ving with himself to ly in wait for the life of Porsena,* 1.66 put on the Tuscan ha∣bit, and using that language, came into the King's Camp, where observing the place in which the King was, but being ignorant of his person,* 1.67 he stabbed his Secretary who sate with him amongst several others. Being taken in the act, when they went about to examine him, he thrust his right hand into the fire, as intending to punish it for so great a mistake, and whilest it burned be∣held Porsena with a stedfast and angry countenance, who admiring his resolu∣tion dismissed him, and reached him back his sword from his seat. Mutius took it with his left hand (whence he had the name of Scaevola, which word signifieth one that useth his left hand, saith Plutarch) and telling the King that he was now overcome by his bravenesse of spirit whose threats he had contemned, he said in way of requital he would reveal a thing to him which no force of torment could have compelled him to discover. He affirmed there were 300 Romans now in his Camp watching an opportunity to kill him. As for his part, having been by lot destined to make the first attempt, it did not trouble him that he had failed in killing him a right good man, & one much worthier of the friendship than hatred of the Romans. Porsena hear∣ing this, inclined presently to a composure of the difference, not so much out of fear of the 300. as admiration of the Roman courage. Poplicola having notice hereof, was glad of such a friend, and content to make him Umpire

betwixt the Commonwealth and Tarquinius. He often challenged Tarqui∣nius to put the matter to arbitration, to which the King answered couragi∣ously, that he vvould not admit of any Judge, much lesse of Porsena, vvho ha∣ving promised him aid now basely falsified his word.* 1.68 Porsena hereat dis∣pleased, especially through the solicitation of Aruns his son, made peace vvith the Romans on these conditions: that they should quit those Tuscan grounds they had got into their hands, restore all prisoners, and receive all their fugitives.

20. For the establishment of this peace the Romans gave up twenty Ho∣stages, viz. ten young youths, and as many Girles, amongst vvhich vvas Va∣leria the daughter of Poplicola. All acts of Hostility ceasing, the young Vir∣gins vvent down to the River to wash, and taking an opportunity, vvhen none vvere present to hinder them, got over the vvater, and returned home. Some reported,* 1.69 that one amongst them named Cloelia vvent over on hors-back, and perswaded the rest to swim after. When they presented themselves to Poplicola, he neither admired their resolution, nor approved of their return, fearing it vvould be objected as a breach of faith to the Romans; so that ap∣prehending then all, he sent them back to Porsena. Tarquinius aware here∣of placed in ambush a party to entrap them and their Convoy; but Aruns the son of Porsena hearing of it, came in, and rescued them out of danger. When Porsena saw them, he demanded vvhich had been the cause of their de∣parture, and finding Cloelia the principal, bestowed on her one of his own horses sumptuously adorned. Then to give a further Testimony of his re∣spect towards the Romans, besides other things wherein he shewed his mag∣nificence, he commanded his Soldiers to depart out of the Camp onely vvith their Arms, delivering up to the besieged his Tents furnished with victuals, and all other good things. Therefore for a long time after, vvhen publick goods vvere set to sale, first of all the stuff of Porsena vvas cried, to preserve the memory of his kindnesse: And about the Court-house vvas erected his Statue in a plain and antient fashion. For the next year Dionysius nameth as Consuls, Sp. Lartius and T. Herminius, of vvhom Livie maketh honou∣rable mention, but not as executing this Office. He vvriteth that at the bridge Sp. Largius and T. Herminius both nobly descended, together vvith Horatius Cocles, sustained the first brunt of the Hetruscans. But Learned men tell us that it ought to be vvritten Lartius, not Largius.

21. The year following being the 250 of the Citie,* 1.70 and the fifth after the banishment of Tarquinius, the first of the 99th Olympiad, saith Dionysius, wherein Ischomachus of Crotone was Victor, Acestorides being again Archon at Athens, in the 18th year of Darius Hystaspis King of Persia, A. M. 3501. M. Valerius the brother of Poplicola, and P. Postumius Tubertus were Con∣suls.* 1.71 Now the Sabines made depredations in the Roman Territories, and proceeded so far in their injuries that it ingaged the parties in a War: Marcus by the Counsel and assistance of his brother obtained great honour in his un∣dertakings. He overthrew the Sabines twice, in the later of which battels were slain of them 13000. and not one of the Romans lost. Wherefore be∣sides triumphs this was given him as an addition of honour, to have an house built for him in the Palace on the publick cost. Besides, whereas all the doors of other houses opened inwards, they would have this of his house to open outwards toward the street, as a mark of honour in this respect, that he was ever ready to move for the publick good. Indeed all the Gates of the Greeks are said most antiently to have opened this way, and that by Testimony of the Comedies, wherein they that are going out first knock within, that such as either go by or stand near, may prevent being hurt of the door, which was c••st forward into the street. The next year, wherein Poplicola was Consul the fourth time, and his Collegue T. Lucretius Tricipitinus, the whole Na∣tion of the Sabines with the Latines conspired against Rome, which was also much disturbed by superstition, for that all the women with Child miscarried of mutilous births, and nothing came into the World perfect. When these things much dejected the minds of the Romans, another erected them, and

afforded considerable incouragement to the War.* 1.72 Appius or Actius Clausus, an eminent man amongst the Sabines for riches, valour, virtue, and elo∣quence, being much against the War, was therefore maligned by his emula∣tors, as favouring the Romans, and designing to bring his Country under their yoak. His Enemies gaining credit with the Vulgar, he feared to put himself upon trial, and therefore raised a commotion, which retarded the War. Then did Poplicola invite him to Rome, whither he came with 5000 Families of his friends and dependents. The Families were made free of the City, and to every man assigned two Akers of Ground by the River Ani∣ene; but to Clausus himself twenty Akers, and the degree of a Senator. Having got this opportunity, he so improved it, as to become equal to the greatest, and raised his house so much, that the Clausi, afterwards called Claudii, be∣came inferiour to no one Family.

22. His revolt much more exasperated the minds of his Country-men to the War, who coming with an Army to Fidenae, placed in ambush 2000 Foot, and then sent some Horse to make incursions, commanding them to retreat, as if they fled, and so draw on the Romans into the snare. Poplicola, having notice hereof by certain fugitives, divided his Army into three parts, and taking the advantage of a mist, fell upon the Sabines on so many sides, and did such execution, as the nearnesse of Fidenae onely hindred the destru∣ction of them all. The Romans, beside the advantage of much plunder, ob∣tained that good by this Victory, to be furnished with courage for all assayes; yet imputed they the whole merit to the Consul, and sticked not to say, that he delivered into their hands their Enemies, blind and lame, onely to be dispatched with the Sword. Having triumphed, and given up the charge of the Commonwealth to the the two new Consuls, Agrippa Menenius Lanatus, and Publius Posthumius,* 1.73 shortly after he died, finishing his life, as he had lived, in great grace with the multitude whom he had so flattered. The People, as if they had nothing at all required him when living, but ought him yet his whole reward, decreed he should be buryed at the publick charge, every one contributing a small piece of money. Some say, that he was so poor, as he left not enough to bury him. The women by universal consent mourned for him, as formerly they had done for Brutus, an whole year. He was by a special Decree buried within the City, (which honour (saith Dionysius) hath onely happened unto him to this day) and that privilege was also granted to his family. But now, (Plutarch writeth) none of them is there interred: the Funeral is onely drawn out thither, and the coffin being set down, one puts under fire, and presently again taketh it away, showing, that the deceas∣ed hath a right there to be buried, but on his own accord quitteth the privilege. This being done, the body was carried away.

23. The same year that Poplicola died, the Sabines provided of numerous Forces, invaded the Roman Territories, as far as the City walls. The Con∣suls taking the field against them, Posthumius was entrapped in an Ambush, and escaping narrowly himself, lost many of his men, which defeat struck the Citizens with great terror, who now ran to the walls, expecting the Ene∣my would fall upon the City. But nothing being attempted in this kind, they marched out, resolving to redeem their credit; and Posthumius, much more concerned in honour than the rest, so behaved himself, as he made amends fully, and both the Consuls obtained a notable victory, which had been com∣pleated by the slaughter of all the Sabines, if the darknesse of night had not interposed. The Senate ordered the Consuls to return in pomp; Menenius with full honour in triumph, sitting in a Chair, drawn in way of a Chariot, but Posthumius, because of his late defeat, in a more humble manner, which the Romans called Ovation, so named (saith Festus, or Paulus from him, as he from Verrius) from the letter O, which the Soldiers in way of joy were wont to eccho at their return from a Victory; or corruptly pronounced for the Greek word Euaste, as Dionysius conjectureth. Ovation differed herein from a Triumph properly so called,* 1.74 that the General entred not the City in a Chariot, but on foot before his Soldiers;* 1.75 for the Robe interwoven

with Gold, he onely wore the Praetexta toga, the ordinary habit of Consuls and Praetors; neither had he a Scepter, but onely Laurel; and on his head a wreath of Myrtle, when the War had not been denounced, or finished with∣out bloodshed.* 1.76 The year following, wherein Sp. Cassius Viscellinus, and Opiter Virginius Tricostus were Consuls, the Sabines were overthrown in a great battel at Cures, 10300 being slain, and about 4000 taken, which de∣feat caused them to beg peace, and purchase it with Corn, Money, and part of their grounds. Whilst Sp. Cassius did this good service against the Sa∣bines, his Colleague subdued the Camarinaeans who had revolted, and having put to death the Authors of the injury, sold the rest, and razed their City.

24. The year that followed, being the first of the 70 Olympiad (wherein Nicaeas of Opus (a Town of Locri) was Victor, (Myrus executing the An∣nual Office of Archon at Athens) had for Consuls Posthumius Cominius, and T. Largius. Now all the Latines) to the number of thirty several Cities, saith Livie) conspired against Rome, by the procurement of Mamilius Octa∣vius, son in Law to Tarquinius (who at present was with him at Tusculum) though Valerius the Roman Ambassador pretended to answer to such accusa∣tions as were made, and laboured to disswade the several People of Latium. In the mean time also the Slaves at home contrived how to seize upon the Capitol, and burn the City, but were discovered, and nailed to crosses. The following year wherein Ser. Sulpitius Camerinus, and Manius Tullus Longus, were Consuls, a Faction in Fidenae, having received some men from Tarquinius, killed or expelled their adversaries, and caused the Town to re∣volt from the Romans. The Senate would not make War upon the Latines in general, knowing many amongst them were inclined to Peace, and thought it sufficient to block up Fidenae, for which they sent out Manius with a strong Army. The besieged implored assistance of the Latines, who in their gene∣rall meeting heard also the complaints of Tarquinius, and though they were much importuned by some amonst them, yet they onely ordered Ambassadors to be sent to demand the reception of the King, and the removal of the siege from Fidenae, which was done also meetly to gain time, giving the Romans a year to consider of the matter, and taking so large a space for to make prepa∣rations,* 1.77 in case the overture were rejected. Tarquinius and Mamilius ha∣ving little hopes to prevail this way, seeing that the minds of the generality were averse from War, endeavoured to bring his right about in an easier way, by raising in Rome an unexpected and intestine difference betwixt the rich and poorer sort.

25. For at this very time, as Dionysius writeth, a great part of the com∣mon People, especially the indigent and such as were burthened by usury, did not like of the present state of affaires, which dissatisfaction was caused by the extravagant course of Creditors, who seizing upon the bodies of their Debtors, used them no better than Slaves purchased with money. Tarqui∣nius not being ignorant hereof, sent certain of his friends with Gold, who gave them some in hand, promising more after the King's restitution, and procured thereby a conspiracy of many poor Citizens, with such Slaves as had been offended with their Masters the year before, for the severity shown to∣wards their fellows. The matter was discovered to Sulpicius, who af∣ter he had returned a denyal, though very civilly, to the Latin Ambassa∣dors, by a wile drew the Conspirators into the Forum; where incompassing them about, he put them all to the Sword. The stirs being thus allaied for a time, the Consuls of this and the following year looked abroad, and,* 1.78 in the next, Fidenae was yielded up to T. Largius Flavus. Hereat the Latins were exceedingly startled, and now all railed on their principal men, for that no order had been taken for relief of the Town. Tarquinius and Mamilius so improved this opportunity, that all the Cities (24 in number, as they are reckoned by Dionysius) decreed War against the Romans, ingaging that none should forsake their associates, nor make Peace without common con∣sent, sealing it with an oath, and direful curses against such as should break

the League, who were to be held as Enemies by all the rest. They gave li∣berty to Tarquinius and his son in Law to levie what Forces they thought convenient, and that they might have some kind of pretence, sent a message to Rome, whence the Senate returned a stout and resolute answer.

* 1.7926. Great were the preparations of the Latines; the Romans sending round about, could make no friends, and yet were not dejected, but trusting to their domestick strength alone, were thereby rendred much more resolute and couragious, as such upon whom lay a necessity of being ••aliant. But a great difficulty was found in listing Soldiers; for the poor, and those that were surcharged with debt, of which there was a great number, being cited, would not appear, saying, they had nothing to do with the Patritians, except their debts were remitted by Decree of the Senate, nay some talked of lea∣ving the City, and exhorted one another not to stay in that place, where no good thing was communicated to them. The Patritians by good words la∣boured to appease them, but all in vain; so that the Senate fell into a serious debate about so weighty a matter. Some were for a free remission of the debts, after the manner of the Athenian Sisachthea, as the onely way to remove all prejudice, and beget a fair correspondence betwixt Nobility and Commons. Others condemned this as too great a condescention, and which would encourage them to like Seditions for the time to come, thinking it the better way to list such as would give their names, and not at all value the rest, who though gratified at present, would hereafter be unserviceable. Be∣twixt these extremes several other wayes were propounded; but this at length prevailed, that nothing should now be determined, bur the War being hap∣pily finished, the Consuls should report it again to the Senate, and in the mean time all sutes and processe concerning debts were to cease, that Ma∣gistrates might make effectual provision for the matter now mainly incumbent. This expedient, though something it wrought, had not sufficient strength to end the difference; and therefore the Senate was put upon another exigent. Whereas by the Law of Valerius, power of life and death was taken away from the Consuls, and all constraint, by an appeal to the People, so that no man could be forced to the War; It seemed necessary to create a Magi∣strate, who for six moneths should rule as absolute above the Laws, and from whom should lye no appeal. Thus having renounced Monarchy in effect, they had again recourse to it, and shewed as well the necessity as excellency of it.

* 1.8027. This Supreme Officer was called Dictator, either for that he was dictus, or named, by the Consul, according to(a) 1.81 Varro, or rather from dictating, or shewing and commanding what was to be done, which Etymology(b) 1.82 Di∣onysius approveth. He was also called(c) 1.83 Magister Populi, and(d) 1.84 Praetor Maximus. Both name and thing came from the Albans, whose Dictator Metius Suffetius we have formerly mentioned. Spartianus saith, it was an ordinary Magistrate of old Latium. Dionysius bringeth the testimony of Licinius Macer for this opinion; yet he thinketh the Office first taken from the Greeks, who had their Aesymnetae or extraordinay Kings made upon some urgent occasion, with absolute power. The Dictator was created upon some urgent occasion of War or Sedition, for fixing a nail in time of a Plague, to hold the Comitia for election of Consuls, celebrate Games, make inqui∣sition, choosing Senators, or in sum, when there was need of a sodain and extraordinary command. The manner of his creation was not, as of other Magistrates, by the Suffrages of the People; but, at the command of the Senate, the Consul named some one of Consular dignity whom he pleased, in the night, and who was approved by the Auspicium, or divination from birds, a ceremony observed ever in the election of some Officers. The oc∣casion being many times sodain, they could not stay for the Suffrages of the People, and the design being to restrain, or constrain, the multitude, many times, he was not to be chosen out of their body, although sometimes these rules were not fully observed, either through the absence of the Consul, or some other respect. L. Cornelius Sylla alone was named by the Interrex, as

C. Caesar by the Praetor; both which nominations Cicero in his Epistles concei∣veth done contrary to right and order. The autority of the Dictator was exteed∣ing large.* 1.85 He had power of Peace and War, to levie Forces, lead them forth, and disband them, and act all things according to his pleasure, without refer∣ring them to the Senate. So that not onely had he the power of both Con∣suls (whence the Greeks called him Disypatos, or Double Consul) but more also, in that upon his Creation all other Magistrates, except the Tribunes, laid down their Offices, and the whole Government was left in his hands. He could punish as he pleased, without all appeal, and for the ostentation of his power, had 24 bundles of Rods caried before him, with as many Axes, or Hatchets, as Plutarch and Polybius do testifie; although Livie dissenting from them, will have Sylla first of all others to have had 24 bundles. Hence this Office came to be so terrible, as the Edict of the Dictator was ever ob∣served as the command of a Deity.

* 1.8628. It was necessary, according to the Roman Government, that this ex∣traordinary power should be bounded by certain limits, wherein might lie re∣dresse of inconveniences thence arising. Six moneths were the time assigned for it's duration, and never was it lengthned, except for meer necessity, as might be instanced in Camillus, L. Papirius, and Fabius Maximus: for the perpetual Dictatorships of Sylla and Caesar were notorious violations of the Laws. And not onely the time but the place also was limited, it being un∣lawful for the Dictator to stir out of Italy, lest being out of sight, he should take advantage at the distance of place, to attempt some new matter; and this constitution was never violated but once whilst the old Commonwealth stood, by Attillius Collatinus. He was not to come on horse-back, but march continually on foot, to shew, saith Plutarch, that the Roman strength lay in the Legions, or rather to teach him humility. Now because in great Ex∣peditions this could scarce be observed, he formally before his departure asked leave of the People that he might ride, as Livie informeth us. But those restrictions were inconsiderable, in respect of the Appeal which after∣wards came to be made from him to the People. Festus in these words Op∣tima Lex,* 1.87 saith, that first the power of the Magister Populi, or Dictator, was full or absolute, as that of Marcus Valerius; but afterwards an Appeal lay from this Magistrate to the People.* 1.88 Livie seemeth also to hold out the same thing, where he bringeth M. Fabius in behalf of his son thus speak∣ing to L. Papirius the Dictator: Seeing that neither the authority of the Se∣nate, nor mine age, which thou goest about to bereave of my son, neither the virtue and Nobility of the Master of the Horse-men named by thy self, prevaileth with thee; nor yet prayers and intreaties, which are wont to appease an enemy, and the anger of the gods: I appeal to the Tribunes of the People, and the People it self which I make our Judge, (seeing thou regardest not the judgment of the Army and Senate) which alone can do more than thy Dictatorship. I shall see whether thou wilt give place to that Appeal to which the Roman King Tullus Hostilius yielded. Hereupon the People assembled, and the Tribunes were present at the meeting. Papirius denieth neither the power of the one nor the other, but continueth resolute for the punishment of the Master of the Horse-men, who had fought in his absence contrary to his command, shewing how all discipline else would be destroyed. A way was found out to preserve the honour of both Offices, the power of People, Tribunes, and Dictator, with the strength of disci∣pline. For the People betook it self to intreaties, and was seconded by the Tribunes. Whereupon the Dictator pardoned the party, granting his life to the request of those, who, as he confesseth, might have command∣ed it.

29. At what time this Appeal was brought in, or how long it continued in force, seeing that Sylla and other Dictators made use of the old and abso∣sute power, is uncertain. It is probable, that the People being overwitted in ratifying the Decree of the Senate (as Dionysius telleth us they were) grew sensible, how they had thereby given the power again out of their

hands;* 1.89 it being lawfull for the Senate at any time when they should pretend a necessity, and that for the bridling of the People it self, to give order to the Consul to name a Dictator, and therefore resumed its antient power of Ap∣peal, without which no lawlesse freedom could be enjoyed. But in the de∣clining condition of the Commonwealth, when Dictators grew more impe∣rious, their Soldiers more dissolute, and the Tribunes of the people especial∣ly more factious, an opportunity might be wanting for it to exert that right which as yet it had not given up to any other. If what Dionysius writeth of the Dictator's being approved by the people after the Consul's nomination be true, the State stood in lesse need of the Appeal; but it being not possi∣ble for a multitude never to mistake in its opinion of a person, this defect might at length experimentally be discovered, and thence a recourse had to that remedy which was ever certain whilest it could be applied. By these cautions and restrictions, with the modesty of the Romans, this Grand Office was for 400 years managed for the publick good, as it was accounted, till Syl∣la, and afterward Caesar, converted it into a Tyranny, as the multitude counted it, and rendred the very name thereof so odious, that after Caesar's death, in the 710 year of the Citie, when M. Antonius and P. Cornelius Do∣labella were Consuls, a Law was made (from the former Consul called Lex A••tonia) whereby it was for ever banished.* 1.90 The Dictator when he was Created made choice of one who had either been Consul or Praetor, to be Magister Equitum, who, saith Varro, had chief power over the hors-men,* 1.91 and Adcensi (Criers, Beadles, or publick Messengers) as the Dictator had over the Roman people, whence he also was called Magister Populi. The rest, because they were of lesse value than these Magistri, were named Ma∣gistratus, as from al••us Albatus. If the Dictator was absent, the Master of the hors-men executed his place in the Army, but if he present, he commanded the horse, yet so as to be obedient to the Dictator's orders, and not to fight, either contrary to, or without his command. In the second Punick War, M. Fabius Buleo was made Dictator for filling up the Senate, without a Ma∣ster of hors-men. But he alleged, that he could not approve of two Di∣ctators to be at the same time, nor a Dictator without a Master of hors-men, and having perfected his work on the same day laid down his Of∣fice.

* 1.9230. Concerning the time of the first Dictatorship, Authors differ in the space of two years, and do not full agree about the person. Dionysius, a grave, faithfull, and wary Author (by consent of the most learned sort of men) re∣ferreth it to the 255 year of the Citie; but Livy, and most Latine Au∣thors assign it to the 253. Dionysius saith expresly, that T. Largius Flavus was the first Dictator,* 1.93 being Consul that year. Livy saith it could not be certainly known from antient Authors who was the first, yet confesseth that the most antient mentioned Largius, and upon good grounds approveth of their opinion rather than that which maketh M. Valerius the son of Marcus yet living, and Grand-son to Volesus the first of all, which Festus seemeth to follow. Livy mentioneth no other cause of the Original than a falling out with the Sabines, and the conspiracy of the 30 Latine Cities, putting off the Sedition till after the finishing of the Latine War; but as there can little hold be taken of one who uncertainly relateth matters; so no need would there have been of an absolute Authority for the Latine War, if no stir had been made in the Citie, all giving their names with alacrity, and obeying the Consuls, as in former Wars. And if the Consuls had been suspected to fa∣vour the cause of Tarquinius (as some wrote they were) then new ones might have been made in their rooms, nothing being prevalent to alter the ordinary form of Government, but a necessity of absolute power for a time; and no ordinary accident about War could make this necessity; so that com∣pulsion must have been the end, and the taking away that help from the multi∣tude, which was unalterably given to it against the Consuls by the Valerian Law. Thus might the Nobility, if they had had that duty, have seen cause to repent in time of their Kings banishment.

* 1.9431. T. Largius, the first Dictator, having named Sp. Cassius for his Master of hors-men (who had born the Office of Consul in the 70th Olympiad) c••u∣sed Axes to be carried before him with the Rods,* 1.95 as had been wont, till the time of Poplicola, before the chief Magistrates, both Kings and Consuls. Ha∣ving with these & other Ensigns of power terrified the Seditions, he began the Census after the Pattern of Ser. Tullius, according to the Tribes, taking the names and ages of such as were Cessed, and of Children. In a short space, fear of losing freedom of the Citie, and Estates, so prevailed, as 150700 of such as were ripe of age gave their names, which he distributed into four parts, whereof taking one to himself, he gave the rest to his Master of hors-men, and two others, one being to continue in the Citie for the defence thereof. This done, he sent some who underhand dealt with the several La∣tine Cities, and procured them to suspend the War, and make a Truce for a year, notwithstanding all that Mamilius and Sextus Tarquinius could do to the contrary. Then returned he home with the Army, and ere his 6 moneths were out, the Consuls being appointed, laid down, no Citizen being killed, banished, or otherwise chastized by any grievous punishment; which carriage was imitated by his Successors, untill the third age from that wherein we live, saith Dionysius. But in the time of our fathers, 400 years from the Dictatorship of Largius, L. Cornelius Sylla first of all others behaved himself cruelly in this Office, so that the Romans conceived then what before they had cause to be ignorant of, that the Dictatorship was a Tyrannis.

32. When the Truce betwixt the Latines and Romans was ended, both parties prepared for the War: The former were against their wills, 'tis said,* 1.96 drawn in by the interest of Mamilius; but the later with all cheerfulnesse imbraced the opportunity. The Romans thought fit a Dictator should be Created, and accordingly Virginius the Senior Consul named A. Posthu∣mius his Collegue, who chose for Master of hors-men T. Ebutius Helva, and hasting his Levies, divided his Forces into four parts, whereof one he kept to himself, assigned the second to Virginius, the third to Ebutius, and the fourth to Sempronius,* 1.97 who therewith was to defend the Citie. News being come that the Latines had taken the Field, the Dictator with speed marched to the Lake Regillus (at this day called Il Lago di Santa Severa) in the Countrey of Tusculum, where he fortified his Camp against the Ene∣my, who as yet had not united his forces, & expected assistance from the Volsci. The Roman Army divided into three parts incompassed the Latines, who in∣deavoured to beat off Ebutius from an Hill he had seized on betwixt them and home; but he kept his ground in despight of them, and fortified himself. The Latines hereupon being hindred from all Provisions, resolved to fight: the Dictator at first was minded to end the War without bloud, by famishing his Enemies, but understanding that the Volsci were expected within three dayes, changed his resolution. The right Wing of the Latines was led by Mamilius, the left by Sextus Tarquinius, and the middle battel by Titus Tarquinius his other son. On the other side against Mamilius stood Virgi∣nius, Ebutius was opposite in the right Wing to Sextus Tarquinius, and the Dictator led the middle battel against Titus, and the Roman Exiles. The Romans brought into the field 24000 foot & 1000 horse, but the Latines 40000 foot and 3000 horse. When they joyned, both parties missed of their expecta∣tion; for the one trusting to their numbers, and the other to their valour, thought to bear all down before them. The Dictator gave the first oppor∣tunity of victory by over-powering Titus, after which, though Mamilius and Sextus omitted nothing requisite to valiant and able Captains, yet both losing their lives, their followers were discouraged and overthrown; scarce 10000 escaping home of the whole number. Of the Romans fell M. Va∣lerius, whose dead body his two Nephews by his brother Poplicola, Publius and Marcus, endeavouring to get off, were also slain in the attempt.

33. After the fight, the Volsci, whom the Latines had expected, arrvied at the Camp, which seeing full of dead bodies, and learning the issue of the battel, some of them were for falling on the Romans now weary; but an∣other

party prevailed to send Messengers to the Dictator, to tell him they came to his assistance, thereby to ingratiate themselves with the Conque∣rours. But the Dictator convinced them of falshood by their Letters which he had intercepted, and giving leave to the Messengers to return, whom the multitude would have pulled in pieces, resolved on the morrow to fall on them; but in the night they deserted their Camp and fled. From the place of this action the Dictator obtained the sirname of Rhegillensis.

The Latines sent to deprecate the anger of the Roman State, laying all the blame upon their Nobility. The Ambassadors managed their work with such earnestnesse and humility (casting themselves at the Feet of the Senate, and making great l••mentations) that the motion of Largius prevailed in their behalf for the former League to be renewed. This was the end of the War which in behalf of the Tarquinii had been carried on for fourteen years: Tarquinius himself being onely left behind of all his stock, now almost ninety years old, for that the Latines, Hetruscans, and Sabines, refused to harbour him, as also all other neighbouring Cities which were free, went into Campania to Aristodemus the Prince of Cumae, with whom he shortly after died. Of the man we may judge charitably, because his story was onely related to po∣sterity by his bitter Enemies. However, his banishment our religion must censure as rebellion. And such were the stirs, seditions and tumults after∣wards, and so many changes and rechanges, as if the Reader seriously consider them, he will see that the Romans suffered much for want of Monarchy, and the contrary Government did not contribute to their happinesse. That this may appear, he hath here a fuller view of their changes than in any other mo∣dern Writer.

34. The Romans now freed from this War, fell into a grievous sedition in the Citie,* 1.98 the Courts of Justice being again opened by the Senate, and the processe against debtors revived. The Plebeians alleged they were not able to pay their debts, by reason of their losses sustained in the late Wars through want of tillage, and plundring of their Cattel by the Enemy. Their Creditors replied, that these losses had also befallen them, which made the remission of the debts impossible; and so neither sort would yield at all, but many tumults were raised, wherein the parties did not abstain from blows. Posthumius the Dictator perceiving some expedition to be necessary for the quiet of the Citie, created Consuls for the following year, and laid down his Office. The Consuls were Appius Claudius the Sabine, and P. Servi∣lius Priscus, who being of the Dictators mind as to the War, resolved to go out against the Volsci, who had assisted the Latines against the State, and now were making new preparations for War; when they came to make Levies none of the Plebeians would give their names, complaining that they having already undergone the heat, and danger of the War, both for liberty and do∣minion, they were by their fellow Citizens at home kept in bondage (it be∣ing the custom then for Creditors to make use of them as Slaves bound in fet∣ters) and many times cruelly beaten, till they could pay their debts. They cried out, that the security of the common sort was more provided for in War, and amongst their Enemies, than in peace, and with their friends. The dis∣agreement of the Consuls amongst themselves added to the present distem∣per; Servilius being willing to comply something with the desire of the poor, but Appius inveighing against them with great bitternesse, and earnestly urging force and rigour to be the most suitable means for appeasing these tu∣mults.* 1.99 The Senate was forced to betake it self to the popularitie of Ser∣vius, who with fair words drew the people out against the Sabines, and when he had by this good service deserved a Triumph▪ the honour was denied him through the suggestions of his Collegue to the Fathers, for that by bearing with the multitude he impaired the Dignity of their Order.

35. After the finishing of the War the common sort thought again of their own concernments, and expecting performance of what Servilius had promised, Appius exacted the payment of debts as rigorously as ever: This

doubled the people's rage, and made them carry on all things by force, so that they rescued their Companions out of the hands of Sargeants, and hold∣ing secret councils by night,* 1.100 denied to the succeeding Consuls to take Arms, till they could have a relaxation of their burthens. This putting the Senate to a stand, Appius still urged that nothing was to be granted to the rabble, and procured a Dictator to be created. When most looked upon him as fittest for the time, the Consuls judged quite otherwise, and made choice of M. Valerius the brother of Publius, and son of Volesus, a popular man, be∣ing perswaded that the terror of the Office alone would do the work, and that a man of mild temper would best manage it. The Dictator promised the People, in case they would freely follow him, not onely what they justly re∣quired concerning their debts, but other rewards also, and by this means list∣ed ten Legions against the Volsci, Aequi, and Sabines, who were all up in Arms, which being brought under, he divided amongst his Soldiers some grounds taken from the Volsci, but requesting of the Senate, that his and their promise might be made good, was checked for his love to the multitude, and because he was an old man above 70, being unfit as he said to contend, he laid down his Office. The People hereat much inraged, kept private meetings, and consulted how to separate themselves from the Patritians, which when the Senate perceived, they gave order to the Consuls not to dis∣band the Armies, pretending that the Sabines and Aequi had conspired a∣gainst Rome. The Soldiers being bound by the Oath taken at their listing (called by them Sacramentum, and ever strongly observed) could not for∣sake their Standards,* 1.101 but the Consuls having their Camps near to each other, they all went into one by the advice of one Sicinius Bellulus, and taking away the Ensignes from the Consuls, departed to the Mount called afterwards Mons Sacer, lying three miles from the City beyond the River Aniene, now called Taverone.

36. Notice hereof being brought into the City, filled all places with marvelous tumults. The Patritians were in great fear lest War should be made upon them; the Plebeians grew exceeeding high, and many flocked to the Army, though the other hindred it as much as possible. The Fathers had also great strife amongst themselves, while some pleaded for the multi∣tude, and others would hear of nothing but carrying the matter through by strong hand. But the former sort prevailed to send a message to the Armies, desiring them to return home; promising that for the future all things should be forgot, and the Senate would be ready to reward their faithfulnesse and serviceablenesse to their Country; withall, the Ambassadors had it in charge to know the utmost of their desires. To the message nothing would be returned but disdainful words, and high complaints, something mixed with threatning language, which more grievously afflicted the Fathers, not knowing what way to procure a reconcilement; and now would not such as they had by their authority and interest hitherto retained in the City, be with-holden from going to the Army. The time for creation of new Con∣suls was now at hand. The old ones appointing the Comitia, no Candidates (so called because they appeared in white garments) would stand for the Office, nor any accept of it, till at length the Consuls appointed by their sole authori∣ty Posthumius Cominius, and Sp. Cassius, who had born it before, and were equally in favour with the Nobility and Commons. They having entred on the Calends of September (sooner than usual) in the 72 Olympiad (wherein Te∣sicrates of Crotone was Victor, and Diognetes Archon) first of all consulted the Senate about the return of the Commons. Agrippa Menenius a man of great wisdom and temper, being first asked his opinion, by all means pos∣sible exhorted the Fathers to a composure. He shewed what necessity there was of it in regard of the Roman Dominion, which could not be either pre∣served or increased without the inferiour sort of People, and made it clear, that they could not expect to have any of better temper than the present were, for as much as all, whosoever they were, who by their labour and blood obtained power and Soveraignty for the City, would expect to be sharers in it's advan∣tages.

He pressed the danger they were now in from their Enemies round about, and having used other motives, concluded with his advice, that they would send messengers with full power to treat and conclude what they should find convenient, without any more consulting the Senate.

37. After Menenius spake M. Valerius, and upbraided the Senate for not giving him credit when he foretold these distempers, He advised them to cure the wound while it might be healed, shewed what reason the Com∣mons had to be concerned more of late, because of the Dictatorship, which took from them their former Appeal, as also for that the Senate had denied the honour of triumph to Servilius when they desired it for him, because he was suspected to favour them, and for that neither he, the Consul, nor he him∣self the Dictator, could at all profit them in what had been promised. He inveighed against the avarice and cruelty of creditors, and particularly fell foul upon Appius for his rigour, and raising a Faction, which if others were not wise to prevent, would utterly destroy the Commonwealth. Lastly, he com∣mended the advice of Menenius, and desired it might speedily be execu∣ted, so as whatever the Commons required might be granted. Appius a man of an high spirit, most studious of the Patritian dignity, and also of a sober and venerable cariage, being asked his opinion next, in excuse of him∣self recriminated Valerius. With great animosity he noted the ambition and senselesnesse of the multitude, admiring that any of the Fathers should be so absurd, as having denied remission of debts to them when friends, would grant it to them now Enemies, who would not* 1.102 rest here, but require also a communication of honours,* 1.103 and what not? so that at length the power would come into the hands of the rabble, and the Commonwealth degenerate into a Democracy. He lessened, or rather endeavoured to remove, the danger which threatned either from the Armies revolt, or the hostility of old Enemies. He endeavoured to perswade them, that they were able enough to reduce them by force, having their wives and children in the City; and alleging for further confirmation of this, that the multitude were without any persons of good conduct, whereas the Patritian order abounded with experienced commanders, concluded with this advice, neither to send any message to them, nor remit them their debts, nor do any other thing which might shew the least fear or trouble: If they would lay down their Arms and returning into the City, submit to the Senate, then moderately to determine concerning them; seeing that all fools, especially the Vulgar, are insolent against such as con∣descend, but cowardly towards those that resolutely demean themselves.

38. The wise speech of Appius so inflamed those of his party, especially the younger sort, that nothing could be determined for the heat of contention. This put the Consuls upon dismissing the Senate for that time, admonishing the younger sort to carry themselves more respectfully and modestly for the time to come, or else they would neither use them as Advisers nor Judges, but prefer a Law for limiting a certain age for Senators. The graver men they exhorted also to concord, letting them know they had a way to end the controversie, by referring the matter to the decision of the People, which had right to judge of it, as a case about Peace and War. At the next meet∣ing the ancient men were of the same opinion as formerly, but the younger modestly referred themselves to whatsoever they should determin; so that the major part by far, being wearied with the cries and sollicitations of those who had relations in the Army, rather than any reason, notwithstanding Ap∣pius stuck close to his former resolution, resolved to follow the advice of Me∣nenius, who with nine others were commissionated with full power, both by Senate and People, to compose the difference. At first the offers of the Commissioners could not be heard through the instigation of two cunning and turbulent fellows, Sicinius, and L. Junius, who conceited of his abilities, affected the name of Brutus also. Menenius, to give full satisfaction, pro∣mised that such as were unable to pay their debts, should be discharged both from obligation and imprisonment, and for the time to come matters of this nature should be ordered by the joynt consent both of People and Senate.

Then adding the Fable of the several members falling out with the belly, as consuming all which they provided, and thence the ruine and decay of the whole body, he so improved it to the present occasion, likening the Senate to the belly (which digesteth and distributeth sustenance to all the rest, though they provide it) that the whole multitude convinced of the necessitie of Union, cried out, He should lead them home without delay.

39. Little wanted of their departure without any other security than the bare word of the Commissioners. But Junius Brutus a Plebeian formerly mentioned with-held them, saying, that they were gratefully to acknowledge the kind offers of the Senate; but whereas some men of tyrannical spirits might reserve their anger to a convenient opportunity, the Commons wanted such good security for the time to come, as might defend them from the un∣reasonable malice of great ones, and he moved, that they might have certain Officers created yearly out of their own bodie, whose power should onely be to give relief to such Plebeians as were injured, and suffer none to be defrau∣ded of their right: and therefore not to resist the Consuls, as some thought. This being received by the multitude with great approbation, was insisted on to Menenius, and his fellows, who thought not good to admit of a matter of such large consequence, without leave from the Senate, and demanded time to know the pleasure thereof. The Consuls reporting the matter, Valerius thought this favour was to be granted to the Commons, and, though Appius opposed it earnestly, crying out, calling their gods to witnesse, and truly foretelling what calamities they would bring upon the Commonwealth, yet the major part inclining to Peace, it was caried for them, and the Commis∣sioners were sent back with the resolution of the house. The Commons by the advice of Menenius,* 1.104 first sent to take from the Senate a religious confirmation of this privilege, and afterwards in the Assembly of the Curiae elected L. Junius Brutus, and C. Sicinius Bellutus,* 1.105 to whom they afterwards joyned C. and P. Licinius, and Sp. Icilius Rugu. These five first entred this new Office on the fourth of the Ides of December, accor∣ding to the History and computation of Dionysius, sixteen years after the expulsion of Tarquin.

40. These Officers were called Tribuni Plebis, there having been from the beginning other Tribunes in the City named Tribuni Celerum, so called from the Peoples being divided into three parts at that time, from which so many were sent into the Army, as(a) 1.106 Varro and(b) 1.107 Pomponius derive the word; or because they were elected by the Tribes, or oversaw them, as others. Varro seemeth to hold that the Tribuni Plebis were called Tribu∣nos, because they were first made of the Tribunes or Colonels of the Sol∣diers. Livie nameth C. Licinius, and L. Albinus, for the first two, to whom were shortly after added three more, viz. Sicinius, the Author of the departure, and two others, concerning which, saith he, Authors differ. In the 297 year of the City five more were added, and this number of ten so continued.* 1.108 As these Officers were elected by the Commons, so ever out of their body, except where we read in Livie (in his third Book) of two Pa∣tritians; Nay most commonly of the lower sort, till a Law ordained that they should be created out of the Senate; that is, out of such Plebeians as were admitted into the Senate. What time this Law was preferred, cannot certainly be discovered.(c) 1.109 Appian saith, it is not certain whether Sylla did it. It should appear from(d) 1.110 Gellius, that there passed a Plebiscitum or Decree of the People, for this purpose, called Plebiscitum Atinium; but what Atinius this should be is also obscure, there being one P. Atinius Tri∣bune of the Commons when Julius Caesar and Bibulus were Consuls. As concerning their power,(e) 1.111 Cicero saith, they were opposed against the Con∣suls: but this is not true, the occasion of their making not rising from the Consuls. At the beginning their power was onely to relieve the op∣pressed,* 1.112 as a shield to keep off evil, and not as a weapon to inflict it. They nulled the unjust (as they accounted them) Decrees, and Commands of the Senate and Magistrates; and to shew their readinesse to protect the

meanest,(f) 1.113 their doors stood open night, and day to their complaints.(g) 1.114 Gellius telleth us, that they could not be absent from the Citie one day; not an hour saith(h) 1.115 Dion; and(i) 1.116 Appian going further, confineth them within the Walls. They interposed by this one word Veto solemnly pro∣nounced. They procured themselves afterward to be accounted Sacro∣sancti,* 1.117 so as by a Law confirmed with an Oath, none might compel a Tri∣bune to do any thing, as one of the vulgar, neither strike, nor command him to be beaten; neither kill, nor command him to be killed. If any did contra∣ry, he was to be held as Sacer, and his goods being Confiscated unto Ceres, it should be lawfull for any to kill him. And lest afterwards the people should abrogate this Law, they made all the Citizens take the most solemn Oath that could be devised, both for themselves and posterity, to preserve it for ever inviolable, as(k) 1.118 Dionysius writeth, who hath also exemplified the Law it self. To this(l) 1.119 Cicero addeth, that they were not onely by sacred Laws fortified against Force and Arms, but against words also, and interrup∣tion of speech.

41. But as their power of Interposing was most powerfull against Consuls and Senate,* 1.120 so also against themselves; the dissent of one man being sufficient to hinder whatever all his Collegues designed. This appeareth to have been the onely constant effectual means for moderation of that power which af∣terwards they assumed, when the Patritians could prevail with one of the Col∣lege to interpose. By that awe which their Sacrosanct Magistracy struck into all men, improved through their prompt boldnesse (very common in men of meanest condition) they took advantage to inlarge their bounds.* 1.121 Va∣lerius Maximus writeth, that at first it was not lawfull for them to enter into the Senate, but they had seats placed before the door, where examining the Decrees of the Fathers, such of them as they suffered to passe they signed with the letter T. But nothing in Dionysius is more common than their speak∣ing in the Senate, and their contentions with the Members thereof in that very place at the very time, and that in the infancy of their Office. However, these fellows at first presumed not to Tyrannise and disturb all, as afterwards they did, they presumed not at first to assemble the Senate, which afterward they did in the 277 year of the Citie, & in processe of time to dismisse it also, when called by another. Within a small time they assembled the people, preferred Laws,* 1.122 executed their sawcy Decrees against the Magistrates them∣selves, commanding the Consuls to be carried to prison, (especially after the enacting of the Hortensian Law, whereby the Plebiscita obliged the whole Roman people) for that they were the chief Officers of the Com∣mons.

42. Great were the Seditions and Tumults, which turbulent spirits bac∣ked with such liberty, stirred up; so as notwithstanding their first end was to preserve right, Lucan rightly termeth them Turbantes jura. Sylla was the first that bridled their extravagancy, by depriving them of liberty to pre∣fer Laws, to make Orations, and obtain any Office of Magistracy; but after his death Aurelius Cotta by a new Law restored the later privilege to them, and all the rest they recovered when Pompey and M. Crassus were Consuls. Their power thus recovered they kept till the Emperours swallowed it up themselves, and left them little more than a name, which continued till the time of Constantine. As for the Ensigns of their Office, they wore not the Praetexta, had no Lictors or Sargeants, neither used they a Curule Chair; onely a sort of Beadle, called Viator, went before them. For want of these Ceremonies, as because they entred not at the beginning of the year, and laid not down their Office upon the Creation of a Dictator, which others did, Plutarch writeth that some held them to be no Magistrates, but rather a curb and restraint to such.* 1.123 Lastly, besides these Tribunes, and the Tribuni Cele∣rum formerly mentioned, there were afterwards many other sorts, as Tribuni Militum, and Tribuni Aerarii, during the Commonwealth: under the Emperours are found Tribunus Voluptatum, Tribunus Matrimoniorum, Tribunus Chartariorum, Tribunus Provinciarum, Tribunus Fori, and Tri∣bunus

Scholarum, concerning which Cassiodorus in his Epistles, and Lis∣sius in his Commentary of the Magistrates of old Rome are to be con∣sulted.

43. The Commons having got from the Senate a confirmation of the Of∣fice of Tribunes, obtained further, that they might yearly chuse out of their own body two, to be as Ministers to these Officers; to Judge certain causes re∣ferred to them from the Tribunes, take care of publick buildings and pro∣visions. These were first called the Ministers and Assistants of the Tri∣bunes;* 1.124 but afterward saith Dionysius from one of their Duties had the name of Aediles. Many things of great consequence were committed to their trust, being very much like to the Agoranomi amongst the Greeks. Festus ac∣knowledging that in the beginning Aediles was a Magistrate who took care both of publick and private buildings, yet saith he was so called, quòd facilis ad eum plebis aditus esset. Truer is the derivation which Varro giveth, a∣greeable to that of Dionysius; that they were named Aediles, from Aedes the buildings, of which they took care, or those particularly, wherein the Ple∣biscita were kept, of which they had the over-sight. This later Etymology is rendred by Pomponius, who in his second book of the Original of Law, de∣scribing the several Offices of Magistracy, maketh the end of the constitution of the Aediles to have been, that they might take care of that house where the Decrees of the people were laid up. Whence soever the word was de∣rived it came out of Latium, being a name of certain Magistrates in the Latine Towns, as was also Dictator and Duumvir, as some observe out of Spartianus. To these Aediles Plebis, who were instituted in the 271 year of the Citie, at the same time with the Tribunes, were added two more out of the Patritian order 117 years after, called for distinction Aediles Cu∣rules, because they used the Curule Chair, whereas the other onely sate on Benches, as the Tribunes and Quaestors. The occasion of creating those shall be shewn in its place, the end was onely then for celebrating of Games.

44. This number continued till the time of C. Julius Caesar, who in the 710 year of the Citie added two more, whom he would have created also, out of the Patritians. They were called(a) 1.125 Cereales from Ceres, being ap∣pointed to take care of, and make provision for Corn. This number of six thus distinguished, continued till the time of Constantine, as is probably con∣jectured, and were as most other Offices of Magistracy taken away by him. The Aediles,* 1.126 saith(b) 1.127 Cicero, are the Curators of the Citie, of provisions, and of solemn Games. Of the Citie, because they looked to publick works and Tem∣ples; made provision against fires (which Augustus seemeth to have charged upon them saith Lipsius) had inspection over Funerals, and such like Rites of smaller moment; over Marriages and Adulteries, Baths, Aqueducts, Sinks, and Streets, both for repairing and cleansing of them. Of Provisions, for that they had the over-sight of all things to be sold, men, and other crea∣tures, determining, judging, and censuring by their words and edicts. Of so∣lemn Games, and onely solemn (not votive and private ones) as the Ludi Florales, Circenses, Megalenses, Romani, &c. Sometimes at their own charge they made these shews, and ever examined the Fables written before they were acted. And (whether from this inspection of Play-books it came or no is uncertain) they seem to have been Licensers and Judges of other wri∣tings, being ordered by a Decree of the Senate, as(c) 1.128 Tacitus telleth us, to burn the Papers of Cremutius Cordus. It is further(d) 1.129 observed, that the Generals when they returned home after some victory, delivered up the Corn and Provisions which had been made prize, to them, as the Captives to the Praetor, and the money to the Quaestor. All such Victuallers as offended against the Laws, as also Monopolizers and others that transgressed in this kind, they accused to the people, and with the Fines celebrated Games, made Presents to their gods, or some publick works. Lastly, 'tis observed, that they took care that none but Roman gods, and those after the Roman manner onely, should be vvorshipped.

* 1.13045. But, to return to the story, the rabble having obtained these Officers, willingly gave their names to the Expedition against the Volsci, under con∣duct of Posthumius Cominius the Consul.* 1.131 He took Longula and Polustia with no great difficulty, and presently laid siege to Corioli a strongly fortified Town, and the head of the Nation. The Antiates coming to the relief of this place, he left part of the Army to continue the siege under the Com∣mand of Titus Largius, and with the other went to give them battel. Lar∣gius attempting to storm the Town, the Inhabitants sallied out, and charged the Romans so furiously, that they forced them back into their Camp: all but a few whom C. Marcius,* 1.132 a Patritian of great Nobility, and greater Valour, kept about him. This Marcius with so small a Company received the vio∣lence of the Enemy, and doing great execution, forced him at length into the Town, and following himself rushed in with him, whereat the besieged were so afrighted, that not considering their own numbers, they fled to the contrary part of the Citie, and suffered him to let in the rest of the Army. When the Soldiers now fell to plunder, he suffered them nor, but hasted to the battel to help the Consul, and with the good news of his successe to chear the Army.

46. He desired of Cominius that he might be suffered with his men to fight against the middle battel, wherein the chief strength of the Enemies lay, which obtaining, he shewed there more valour than formerly, and was the greatest cause of the victory. The day following the Consul gave him extra∣ordinary commendations, and a good share of booty before it came to be divided amongst the Soldiers; but he would accept of nothing except an horse,* 1.133 which gained him greater honour from the whole Army,* 1.134 and moved Posthumius to bestow the sirname of Coriolanus upon him for his incompa∣rable valour shewn at that place. The Volsci were by this overthrow forced to submission, and made their peace. This year was the League of Amity and Confederacy renewed with the Latines with all chearfulnesse, because they had been faithfull in the late Sedition and War, and had sent to congra∣tulate for the peace made betwixt Nobility and Commons. The Senate for this Civil Union decreed supplications or thanks to their gods, a third feria, or Holy day, to be added to the other two Latine Feriae, whereof Tar∣quinius had dedicated one, when he Conquered Hetruria, and the People the other after the banishment of Tarquinius. In this Consulship died also Agrippa Menenius, whom the People out of gratitude resolved to bury at the publick charge, every man contributing something, because he died poor, and when the Senate would needs defray the charge out of the Treasury, they be∣stowed the money upon his Children. Now also the Census being celebrated above 110000 heads were Cessed.

47. The year following wherein T. Geganius Macerinus, and P. Minu∣cius were Consuls, a great dearth fell upon the Citie, the effect of the late Sedition.* 1.135 For, the Commons having departed a little after the Autumnal Aequinoctial, about the time of sowing,* 1.136 the Countrey was forsaken of hus∣band-men; the richer sort betaking themselves to the Patritians, and the poorer to the Army, and the division continued till a little before Mid-winter. All the middle space of time there was no tillage, though it was most pro∣per for sowing, and for some time after the agreement, it could scarce be renewed, for that Slaves had run away, and there was great scarcity of Cattels by these means for the year following they were little beforehand in Corn, either for seed or provisions. This put the Senate upon sending into several parts of Italy, and also into Sicily, to buy Corn. But notwithstanding their care, the multitude being exceedingly pinched with Famine, raised tumults, getting together by companies,* 1.137 and laying all the fault upon the Fathers, as if by their wilfull neglect they had in this way revenged themselves. The Vol∣sci being acquainted with this new Sedition, and the weak Estate of Rome, conspired how to improve the advantage; but were diverted by a grievous plague, which so raged, as Velitrae a Noble Citie of that Countrey was almost utterly exhausted, the small remnant of the Inhabitants whereof gave up

themselves to the Romans, desiring they would send a Colony thither.

48. Of this advantage the Senate was very glad, to lessen the multitude of the City; and the poor were content to inhabit so fertil a place; but when they considered the danger of infection, they were again discouraged, and wrested this to so bad a sence, as to make it a design to destroy them. But the Senate laying a great penalty upon such as refused to go, many obeyed and went thither, as also to Norba a Latin Town. This inraged more such as staid behind, being still pinched by the famine, so that raising great mul∣titudes, they called the Tribunes into the Comitium. Great strife hapned betwixt the Consuls and them; The Tribunes affirming they had promised not to interrupt them in their discourses to the People, to which the other an∣swered, that it was onely when they called the People together, not when the Consuls themselves did it, as now they had done, to promise them all fair accommodation from the Senate.* 1.138 Hereupon Brutus, who being so great a stickler before, was chosen one of the first Tribunes, devised a Law, which under such a penalty as the Tribunes should impose, forbad any one to con∣tradict or interrupt them, when they spoke to the People. Such as could or would not give security for the payment of the fine, were to be put to death, and their goods be sacred to Ceres. If any controversie arose about the fine, it was to be determined by the judgment of the People.

49. This Law being enacted by the Suffrages of the Tribes, caused grea∣ter disturbance; the Senate refusing to ratifie the resolves of the People, and the People the Decrees of the Senate; yet proceeded it not to any greater inconveniency than words, and some blows without weapons. For the poor broke not into the store-houses of the rich, but were content to purchase victuals at an excessive rate; and when money failed were contented with roots and herbs: neither did the rich deal harshly with the poor, but carried it towards them as indulgent fathers, so that we must say, it was the infirmity of the Government, and not any bad disposition of the People which cau∣sed the Seditions. The Consuls, to divert their minds, and ease the charge, offered to lead them out into the Enemies Country, but few or none would give their names; so that Marcius Coriolanus with some Patritians, and a few of their Clients made incursions, and returned home loaden with booty; the knowledge whereof made the poorer sort murmur against their Tribunes, who had disswaded them from the Expedition. The following Consuls M. Minucius Augurinus, and A. Sempronius Atratinus, famous for their abilities both in War and Peace, bent themselves, by making provision for Corn, to allay the present distempers; though not with wished sucesse. They procured much to be imported, and this Summer returned those that were sent into Sicilie,* 1.139 with a great quantity of Wheat, whereof half they bought at a very cheap rate, and half was bestowed on them by Gelon, the Son of Dinomenes. Now the Patritians considering how to dispose of the Corn; some were for selling it to the poor at easie rates, thereby to win upon the multitude, but others urged they were to be harshly used and afflicted, and the Corn to be sold to them on dear rates; that by necessity they might be brought to sobriety, and become subject to the Laws.

50. Amongst these was Coriolanus the chief, being offended with the Commons,* 1.140 as was given out, for a repulse at the last election of Consuls. He had been ever an extraordinary assertor of the power of the Nobility, which made the People afraid to chuse him; but now incensed he much more shew∣ed his inclination, openly declaiming against the innovation of the multi∣tude, and exhorting others to resist the petulant endeavours of the Tribunes and rabble. The Consuls calling together the Senate, he inlarged himself in a set speech to this purpose, and pressed that by force they should take away the Tribuneship, as the onely means for the recovery of the State; concluding with his opinion, that no favour at all should be shewed to the multitude in the sale of Corn. Some were offended with this freedom, per∣ceiving what inconvenience it would bring; but others approving of it, the Tri∣bunes who were present (say both Dionysius and Plutarch) ran forth, and

crying out, called the People together, and declared to them the effect of Marcius his speech. The multitude inraged, would have violated the Senate instantly, but that the Tribunes stayed them, laying the whole blame upon Marcius. They sent some Beadels for him to come and answer it before the People, but they returning with nothing but ill words, they went them∣selves,* 1.141 and commanded the Aediles to apprehend him. These were Bru∣tus and Icilius the first Tribunes, who going to do what was injoyned, were repulsed and beaten by the young Patritians he had got about him. This put all into a flame, the whole City being gathered together and ready to destroy it self; but by the wisdom of the Consuls the matter was put off ill the fol∣lowing day. Then the Consuls laboured to heal the breach, confirming as from the Fathers, what was formerly granted to the Commons, and pallia∣ting as much as might be the supposed offence of Marcius. The Tribunes answering, inveighed against the Senate, as desirous to break their faith, and laying open the fault of Marcius, concluded the action with a Decree of their College, That he should be forthwith cast down headlong from the Tar∣peian Rock. For, having given him liberty to speak, he was so far from re∣canting his former speeches, that he flew out into the same invectives, as they were termed.

51. The Aediles laying hands on him, the Patritians again rescued him, the sober part even of them taking it ill he should be condemned to death without due processe, and the more understanding sort of the Commons not approving of the attempt; so as a great tumult being raised, the Tribunes nul∣led their former Decree, and set him a day wherein to answer, and stand or fall by the judgement of the People. In the mean time the Senate, by selling the Corn at moderate rates, and by intreaties, sought either to procure the tryal to be utterly laid aside, or at least to defer it till the wrath of the multitude should be appeased, which was also to be imployed in a War against Antium. When the former could not be done, and the War was blown over, the Consuls being very unwilling to let the People take so much upon themselves, as without Decree of the Senate first had (according to the an∣tient custom) to passe their judgement in any case, procured the Tribunes first to sue out such a Decree, on this condition, that they might be heard speak their minds, and each Senator before he gave his judgment, swear so∣lemnly, as was usual injudicaturie processe, to deliver what he thought most behoveful for the Publick. The Tribunes then argued much in behalf of the Commons, who they said had undergone the heat of all Wars, both in the time of Kings, in the expulsion of them, and since in the inlarging the Roman Dominion; in consideration whereof, they could not in conscience have lesser privileges than of late they had obtained. They aggravated by several circumstances the crime of Marcius, who in so high a manner had gone about to infringe them, and therefore as well for maintenance of right, as the safety of the City, they desired he might be left to the justice of the People. Appius Claudus stifly impugned the Decree, arguing that the Se∣nate would be enervated, and the Commonwealth betrayed, if they granted to the People power of judging Patritians.

52. M. Valerius, and other popular men made a better construction of the People's desire, thinking they would use this power moderately, and in opposition to Appius his politick reasons, strangely conceived it would make for the security of the Commonwealth, and particular members thereof, if the Commons were admitted to some share in the Government; that so it might neither wholly lye in the Patritians nor Plebeians, but be tempered and poised betwixt both. He urged, that they had allaied the Kingly power, by giving it to two annual Magistrates, and that therefore there was no fear of it's degenerating into Tyranny, being also awed by the oversight of 300 most prudent and worthy persons, of which the Senate consisted. But for the Senate itself, there was no curb; so that it might afterwards (though of the present members he had no cause to judge so) draw all things into ex∣tremity, and indeed ruine the State, except the People might be admitted

to have an hand in the judgment of such faults as concerned the Common∣wealth, as when any was accused of moving Sedition, affecting Tyranny, Treason, or the like crimes; because the more solemn and severe the tryal was, ambitious men would be the more terrified from such attempts. The generality inclining to give up the man, Marcius demanded of the Tribunes whereof they would accuse him. They consulting with themselves apart, knew not well how to form an impeachment out of his former words, which might passe with the Senate, and therefore answered, they would lay the affectation of Tyranny to his charge. Hereat he very chearfully put himself upon tryal, not refusing the severest punishment, if it could be proved; and a Decree of the Senate passed accordingly, time being given him till the the third Market day, to prepare for it. For a Market was kept once in nine dayes, at which time the People that lived in the Country, came either to traffick, receive justice, or give their Suffrages in such matters as either primarily concernd them, or were referred from the Senate. When the day came, a greater multitude of Country-men than ever formerly was seen, early in the morning placed it self in the Forum, and the Tribunes called the People to the Comitia Tributa, or Assemblies of the Tribes, severing each Tribe from another by cords. Now it having been the custom for the Peo∣ple to give their suffrages by Centuries in the Campus Martius in arms, and under their Centurions, the Patritians called hard for them, and protested against this innovation; but by the other way of Centuries brought in by Ser∣vius, the ordinary sort of People being excluded, (for that most commonly the two first Classes caried it from the other four) the Tribunes would in no case suffer it, and the crime of Coriolanus seeming to concern all alike, at length they obtained the consent of the Patritians to this innovation.

53. Minucius the Consul beginning the action, declared the worth of the person now to be judged, and exhorting the People to mildnesse, signified that the Senate became petitioners in his behalf.* 1.142 Sicinius one of the Tri∣bunes said, he would neither betray the liberty of the People, nor suffer ano∣ther to do it; therefore if the Patritians would, as they pretended, subject him to their judgment, he would give forth the balls without any more to do, to which the Consul replyed, they did so, but on this condition, that he should answer to the charge of affected Tyranny, and therewith protesting, went down. Sicinius then ripping up all that ever Coriolanus did, that might any way make for his purpose, laboured to put a bad construction upon it. But when the party came to speak, he so related what particular services he had done the State, and shewed the skars received all over his body; with∣all, those that he had saved in the Wars, made such lamentation in his be∣half, that the People generally cried out he was to be discharged. Then De∣cius another of the Tribunes stepping up, said, that seeing the Senate, as the Consul alleged, had absolved Marcius from those words he had spoken in their house, and suffeted him not to be accused for them, he would wave his words, and come to actions, by which he would make good the charge. Their was a certain Law, that all booty and plunder got in War, should be appropriated to publick use, so as no General was to meddle with it, but give it up into the hands of the Quaestor. Now, whereas no man ever brake this Law, or so much as spake against it, this Marcius, saith he, hath dared to contemn it; for when in the late incursion into the Territories of Antium, we had got great plenty of Slaves, Cattel, and Provisions, he neither delivered these things up to the Quaestor, nor payed any money unto the Treasury, but divided all the booty amongst his friends, which could not but be taken as an argument that he intended to inslave his Country; it be∣ing the custom of Tyrants, this way to procure themselves instruments for their purpose. Though he had done this not with any sinister intention, but for the service of his Country, at such time as all were full of Seditions at home, and the Enemy from abroad wasted the Roman Territories; yet the multitude interpreted it in the same sence as Decius, and the whole matter was quite changed; he being abashed at so unexpected a charge, and the

Consuls and Patritians utterly to seek what to answer.* 1.143 The Tribunes then named perpetual banishment, and gathered the suffrages of the Tribes, which being 21 in number, 9 onely absolved him, and so he stood condemned by the major part.

54. This was the first sentence passed by the people upon any Patritian, and henceforth the Tribunes were wont to set the day to whomsoever they pleased; whereby the power of the Commons was inlarged exceedingly, and the interest of the Patritians was more and more diminished; Plebeians at length being admitted into the Senate, Offices, and Priesthoods, which in former times were onely communicated to the other: the Senate partly against their wills and by constraint, partly by a wise foresight giving way to it, as will be seen in due place. Marcius being accompanied home with the lamentations and tears of many, saluted his Mother, Wise, and Children, as they made pitifull complaints, and without any appearance of trouble, bidding them bear their condition cheerfully, strait way departed out of the Citie, attended onely by a few Clients, and without any thing to bear his charges. He went to Antium,* 1.144 and there in the habit and posture of an obnoxious suppliant betook himself to Tullus Attius, a man of royal condi∣tion amongst the Volsci, both for Nobility, Riches, and Valour, whom he knew to be his greatest Enemy in that Nation, because in battel they had often challenged each other, and out of Aemulation added a private to the publick hatred. But knowing him to be of a magnanimous mind, and most willing to catch hold of any advantage against the Romans, he cast himself at his feet, bidding him either avenge his Countrey of him, or else him against Rome, which by her unnatural carriage toward him had forfeited all duty and service that she might have expected at his hands. Tullus imbracing him with singular kindnesse, resolved to make use of his great abilities. Marcius advised that some fair pretext might first be sought for War,* 1.145 and for that purpose sending many of the Volsci to behold the solemn Games at Rome, caused one to go to the Consuls, and accuse them of having some design against the Citie, that so they forcing them out on a sudden, might be said to have broken the peace. This accordingly succeeding (for the Consuls commanded all by Proclamation to be gone before Sun-set) Tullus so ag∣gravated the matter to his Countrey-men, that he procured them to send to Rome to demand back all the Towns and Territories which by War had been taken from them.

55. The Senate taking the message in great scorn, answered, that if the Volsci first took up Arms, the Romans would last lay them down. Tullus then perswading the Vosci to the War, procured Marcius to be joyned with him as General, with full power, who presently invading the Roman Domi∣nions, wasted all such grounds where ere he came as belonged to the Plebei∣ans, not suffering any thing to be touched which belonged to any of the No∣bility.* 1.146 His design was accomplished; for this raised great envy and malice against the Patritians, who upbraiding the people that they had banished un∣justly so considerable a man, were accused with greater indignation, that to be revenged for former injuries they had procured Marcius to invade the Coun∣trey, seeing they were idle spectators, when others were undone, and kept their goods, being out of all danger of the War. Coriolanus leading home his men richly laden with booty, was sent out shortly after with one half of the Forces, and taking by surrender the Town of the Circeians, a Roman Colony, thence invaded the Latines, who being Confederate with Rome sent thither for relief; but the common people were averse to the War, and the Consuls being almost out of their Office were unwilling to begin any thing; so that the Messengers were dismissed without any satisfactory answer. Marcius then by storm took Tolerium, Lavici, Pes, and Bola, which he plundred, and made the Inhabitants Slaves. Such as yielded he mildly treated, but having stormed Bola, which lay within thirteen miles of Rome, he put al∣most all to the sword that were of age. The Volsci now so admired him, that such as were left to defend the Towns would not stay, but all flocked to him,

owning him onely for their General. At Rome there was nothing but con∣fusion, all being in despair, and seeking no relief any other way than by ven∣ting their spleen one against another: but when news cam•• that Lavinium was besieged, it made a marvelous, yet absurd change in their minds. The people now cried out that Coriolanus was to be restored by a repeal of the Decree for banishment; but the Senate utterly refused to assent to it, and plainly forbad it in full house; either for that they desired to oppose the peo∣ple in all things, or would not have his restitution ascribed to the Commons; or else were incensed against Marcius, who was become Enemy to all, though but injured by some, and had declared against his own Countrey, wherein he knew the greater and better sort to sympathize with him, and account his no other than a common grievance.

* 1.14756. The resolve of the Senate being published, the people could do no∣thing as to his restitution, the custom requiring that the Fathers should pro∣pound. Marcius hereupon rose from before Lavinium, and marching to∣wards Rome it self, pitch'd his Camp at the Ditches of Cloelia, five miles from the Citie. This forced Senate and people into agreement, all in common being seized with honour and amazement, so that it was agreed a message should be sent to him, offering him his restitution. The Messengers were Patritians, and such as for their love to him he had most cause to favour; but though with all advantage possible they made their addresse, yet he received them with wonderfull severity in a Council of Officers, and gave them this answer, that if they would expect peace, they should restore to the Volsci all Towns and Territories taken away in War: and make them free of the Citie as the Latines were: and he would give them 30 dayes time to consider of it. Hereat the Captains of the Volsci, especially Tullus, took occasion to malign him, though he employed this time of Truce very profita∣bly, subduing seven great and strong Towns. When the time was out, and he returned, another Message came to him, desiring that refraining himself he would draw off the Volsci, and then consult in common; for they would do nothing by constraint or fear: but if he thought the Volsci were to be grati∣fied, they would yield to him if they would lay down their Arms. He re∣plied, he carried himself not as General of the Volsci, but as a Roman Ci∣tizen, and desired, that, having a respect to justice and moderation, they would return within 3 dayes with a grant of what he had formerly demanded; else he must proceed in his enterprize. Hereupon the Senate, in so great a Tem∣pest which threatned all, betook them to their sacred Anchor as they accounted it, and ordered all the Pontifies, Priests, Governours of their superstitious houses and Augurs, in their several habits, should go & beseech him to compose the matter: But neither was Marcius moved with this Pompous train; but re∣quired they should either accept of the terms, or expect hostility to the utmost.

57. The Priests being returned, the Citizens were warned to be ready at the Walls, thence to repel the Enemy if he came, for that no other hope remained, than what time, and vicissitude of fortune might afford. The whole Citie being full of tumults, trembling, and amazement, the women flocked to the Temples, but the most, and especially the chiefest, made their supplications at the Altar of Jupiter in the Capitol. Amongst these was Va∣leria the sister of Poplicola, into whose mind came this device, that they should go to Veturia (say Dionysius and Livy) or Volumnia (saith Plutarch) the mother of Coriolanus, and procure her, with Volumnia (say they) or Vir∣gilia (saith he) her daughter-in-law, to go, and intercede for their Countrey. Veturia earnestly pressed to undertake so pious a work, answered, they had lit∣tle hopes to obtain their sute, for that her son had never sent to see them since his departure, being falln out with his own family as well as his Countrey; yet she was ready to improve that interest she had in him, and set sorth to∣wards him with her daughter-in-law, and two Nephews. Coriolanus seeing the women come, resolved fully to give them a denial; but when he perceived his mother amongst them, he descended from his Tribunal, and went to meet her. Having courteously received her with his Wife and Children, he gave

ear to her request, which she made with all the Oratory that she could com∣passe out of the impending ruin of his own Countrey, and the infamy which would necessarily follow a fruitlesse attempt. When herewith she could not prevail, she put him in mind how much nature, together with a carefull education of him in her widdowhood, had ingaged him to obedience, and in conclusion cast her self down at his feet which she imbraced and kissed.* 1.148 He presently lifted her up,* 1.149 and cried our, Mother, thou hast got the victory, ad∣vantageous to my Countrey, but destructive to my self, and accordingly drew off the Volsci into their own Countrey, who were variously affected. Some blamed both him and the action: others that were studious of peace did nei∣ther; and some, though they condemned the thing, yet absolved the man, who was constrained by so great necessity to do it; yet none refused to obey his orders, but followed him, more through the authority of his virtue than of his power.

58. But when he was come to Antium, Tullus, the great Aemulator of his glory, supposing he had a sufficient advantage against him, required him to lay down his Office, and give an account of his actions to the people. He re∣fused to resign his place, except commanded by the people to do it, unto which he said he was not afraid to give an account of any thing he had done, at that present. The people being called together, the principal of Tullus his faction instigated them against him, but when he arose to speak for himself, those turbulent spirits for shame gave way, and all sober and peaceable men openly declared they would hear him candidly, and judge him according to right and equity. Tullus then fearing the mans eloquence, and sufficiently apprehensive how much repute the very Crime objected would bring him (for they could not seem to be injured by him in not taking Rome, without considering that he had brought things to that passe by his incredible valour and dexterity, that they were near taking of it) would not expect the judge∣ment of the multitude, but crying out with his complices, that the betrayer of the Volsci was not to be suffered to hold the Tyranny over them by refusing to lay down his Office, rushed out, and slew him in the place. Though no man stood up in his defence, yet that this wicked act displeased most, it pre∣sently appeared.* 1.150 For upon report of his death they came generally out of the Towns and buried him honourably, adorning his sepulchre, as of a General and a famous Warrier, with Arms and Trophies. Such was the end of the Eminentest man of that age for valour, who by his sour rigidity procured ex∣treme hazard to his Countrey, and destruction to himself, whilest he preferred private revenge before publick good, and yet would not stoop to any provision for his own safety.

59. At Rome upon Marcius his retreat was such exultation, as is suitable to the joy of those that are rescued from utter desolation. The Senate De∣creed to the women what honours they would ask, but they onely desired they might build a Chapel to Women's fortune, in the place where they had delivered their Countrey, which was done at the publick charge, and they at their own dedicated the image. When the death of Coriolanus was heard, there was neither expression of joy nor sorrow further than this, that the women were permitted to mourn for him ten moneths: the longest time al∣lowed by Numa for the nearest relations, according to Plutarch. The Con∣suls not long after took the field with a considerable Army, but had no oc∣casion to make trial of it; for the Volsci and Aequi joyning their forces to∣gether resolved to take the Romans unprovided; but in their march they fell out about a General, of whether Nation he should be, and from words to blows, in such a manner that they fought a great battel, and if night had not severed them, one party had been utterly destroyed. The year following the new Consuls, C. Aquilius and T. Sicinius, overthrew, the one the Hernici and the other the Volsci, amongst whom fell Tullus Actius, a man of perso∣nal valour, but no good conduct. Their Successors, Proculus Virginius, and Sp. Cassius took the field with the Legions; the Aequi falling to the former, as the Volsci and Hernici to the later. The Volsci presently asked

peace, having in the last battel lost the flower of their strength, and after them shortly the Hernici, refusing any more to contest for equality with the Romans. Cassius having received money and provisions, as from such as con∣fessed themselves conquered, gave them truce, and referred them for condi∣tions to the Senate.

60. After along debate, the Fathers resolved they should be received into amity, and that Cassius at his discretion might prescribe the conditions of the League, confirming whatsoever they should be. Cassius returning home, asked, and obtained a triumph, though he had neither taken any City, worsted any Enemy, nor had any Captives or spoils for ornament of the solemnity, which possessed men with an apprehension of his arrogancy, and procured him envy. After his triumph be published as conditions of peace, the very same that were granted to the Latines, which gave great distaste, it being conceived an unworthy thing to make strangers equal in privilege with their kinsmen the Latines; such as could allege no merit, with those who had exceedingly well deserved of the State: the Patritians took it also disdainfully that he would determine fully on his own head a matter of such weight, without asking any of them his advice. His three Consulships, and two Triumphs, made him seem to himself far superiour to any of the same rank, so that no lesse than the Principality would now content him.* 1.151 Knowing that the ordinary way to it was to gain the favour of the People, by some great act of kindnesse, he resolved upon that course, and first to divide amongst them certain publick grounds, which through the neglect of the Magistrates, had been seized on, and possessed by the rich. The successe might have been dubious had he stay∣ed here; but he would also have the Latines into the lot with the Hernici his new denizons, that he might procure the favour of those Nations. The day after his Triumph, calling together the People according to the custom, he recalled to their memories the great services he had done in his several Consulships: how in the first he had subdued the Sabines, in the second re∣duced the Commons into the City, after the appeasing of the Sedition, as also received the Latines into fellowship and Communion: in the third, the Volsci of Enemies were made friends, and the Hernici, a great and pow∣erful Nation, received into close and inward confederacy. By these discouses he insinuated, as if above all others he took charge of the Commonwealth, and so would continue to do. And he concluded with a promise to do more for the Commons, than any man ever did who was most in favour, and that should presently appear.

61. The day following, he called together the Senate, which was very much troubled at his speech, and declared, that because the Common People were very useful both in procuring Dominion, and defending Liberty, it was convenient to divide to them those publick grounds, which were most impudently held from the State by some Patritians, and pay the money back out of the Treasury, that they had laid out for that Corn, which being given freely to the City by Gelon the Tyrant of Sicilie, ought to have been divi∣ded amongst the Inhabitants. The Fathers heard him with great disdain, and rejected the motion, his Colleague Virginius grievously accusing him as se∣ditious. For several daies after, Cassius discoursed of this to the People, and Virginius held the Senate consulting how to withstand him. The Tribunes of the People at length, either for that they were jealous of some designe, or were displeased that they themselves had not first proposed this thing, with∣stood it, alleging it was an unjust thing that what they had dearly purchased with their labour and blood, should be common to strangers as well as them∣selves. As this raised some dislike, so Cassius again drew them to his party, by propounding that the grounds might be divided amongst such as had most need, and by urging that it was better to have a little, than by expecting much to be frustrated of all. As the People were thus perswaded to and fro, C. Rabuleins one of the Tribunes found out a way, which for the present end∣ed the dispute. Virginius pretending that he was for a division of the grounds, but not unto foreiners, hoping that these would ever be joyned;

and Cassius being both for Citizens and strangers; he took them both at their words; for the one and the other yielding there should be a division, he bade the People accept of that, and defer that wherein they dissented to ano∣ther time.

62. For some dayes after this, Cassius kept his house, pretending sicknesse, and studied how he might cause his Law, called Lex Agraria, to passe by force. For this purpose he sent for the Latines and Hernici to be present at the Comitia, that he might carry it by greater number of voices, so as the Ci∣ty was filled with them. Virginius hereupon made Proclamation, that all such as dwelt not in the City, should depart within a short time prefixed, and Cassius caused it to be proclaimed, that all such as were free should stay till the matter were determined. No end of the contention appearing, the Fathers feared it might come to blows, or further inconvenience, and therefore assembled to make some effectual provision for the publick Peace.

After a little debate they came to this resolution, that ten men of Con∣sular dignity should be created to survey the grounds, and declare how much of them was to be let out to farm, and how much divided to the People. That it should be declared, that for as much as it was inequitable for the new associates, or denizons, to expect part in such Lands as were gained to the State before their admission, if any afterward should be got by their assistance, to each several People should be assigned it's portion, according to the League. That for the choice of the ten men, and the distribution of the ground,* 1.152 the succeeding Consuls should make provision. This Decree be∣ing published to the People, appeased all, and frustrated the design of Cassius.

63. In the year following, being the first of the 74 Olympiad,* 1.153 wherein Astylus of Syracuse was Victor, Leostratus executing the place of principal Archon at Athens, according to the computation of Dionysius, in the first year of Xerxes his Reign, Q. Fabius, and S. Cornelius were Consuls. Now two most noble young men, Caeso Fabius, the brother of the Consul, and L. Valerius the grand-son of Poplicola, being Quaestors, and thereby having authority to assemble the People, set a day to Cassius the late Consul to answer in the Comitia to the charge of affected tyranny. Then in full Assembly did they lay open his actions; how he had bestowed upon the Latines the third part of the plunder, who thought it happinesse sufficient to be made free of the City: then the Hernici, who could expect no lesse than to be deprived of their own Lands, he chose rather to make Friends than Subjects, and Ci∣tizens than Tributaries, whence both grounds and plunder being divided into three parts, two of these must go to Subjects, and Strangers, so that if it were found necessary afterwards to give others the same privilege of the City, the Roman Citizens being by right Lords of all, should not have remaining one third to themselves. They aggravated this with the management of the busi∣nesse, as his doing all without consulting the Fathers, and against the interpo∣sition of the Tribunes. That these things tended to the designed establish∣ment of a Tyranny, they proved from the money and arms wherewith the La∣tines and Hernici had furnished him, as also from the company of stout young men of those Nations which he had about his person. In testimony hereof they produced several credible persons, both Citizens and Associates, who averred it. To these the People giving credit, notwithstanding his preme∣ditated Orations, and his three children, who with many friends and clients ac∣companied him in mourning habit, and interceded for him; notwithstand∣ing all his services,* 1.154 and the honour obtained by them, they would not at all pity him, but out of extreme hatred to Tyranny condemned the man, and that to death, lest being banished, he should procure the State such trouble and danger as Marcius lately had done. Therefore judgment being passed, the Quaestors presently led him to the Rock near to the Forum, and thence cast him down headlong in the sight of the People, this being the then ordinary kind of punishment. His estate was confiscated, and his house razed. Some

would have had his sons also put to death, but the Senate refused to use such severity, and at Rome the children never suffered for their Father's fault, al∣though for high Treason, till the Marsian War, wherein those that broke the custome miscaried, and he who destroyed them restored it to the State, as Dionysius observeth, who disliketh the practice of some of his Country∣men the Graecians, in killing, or condemning to perpetual banishment the sons of Tyrants themselves.

64. By the death of Cassius the Patritians were more elevated, and the Commons grieved after they saw this, and considered how serviceable a man to their interest, as they foolishly thought, they had cut off. They now called hard for the execution of the Agrarian Law, but the Senate being resolved to put it off, caused the Consuls to make provision for an Expedition. None would give their names, and the Tribunes interposing hindred the Consuls from punishing any; but it being given out that a Dictator would be created, the multitude fearing to fall into the hands of Appius, listed themselves, and so Cornelius wasted the Territories of the Veientines, as Fabius those of the Aequi. The year following, being the 270 of the City, when Nicodemus was Archon at Athens, the Patritians procured Caeso Fabius one of Cassius his accusers, and L. Aemilius, to be created Consuls, during whose Office all was quiet at home, the Volsci renewing the War upon the Romans. Fa∣bius was sent to the assistance of the Latines and Hernici whom they had in∣vaded, and Aemilius led the other part of the Forces to Antium, where he was worsted by the Volsci, and being forced to desert his Camp, had with his whole Army been cut off, but that his Colleague in good time sent some choice Companies to recruit him. For the next year M. Fabius brother to Caeso, and L. Valerius son of Marcus, who put Cassius to death, being Consuls, proposed it to the Senate to fill up the Army at Antium. A De∣cree passing for new Levies, the People refused to be listed, calling for the division of the grounds, and one of the Tribunes withstood the Consuls. This put them upon this device,* 1.155 to sit in the Campus Martius, where whosoever was cited and did not appear, they punished him, if he had any Lands, by cutting his trees, and pulling down his houses; or if he hired grounds, by driving away his Cattel, or other wayes, the Tribune not being able to do them any good, for that the power of his Office was confined within the walls; so as it was unlawful for them to lye one night out of the City, except in the Latine feriae, where all the Magistrates for the common safety were wont to sacrifize in the Albanian Mount unto Jupiter.

65. This forced the Commons to submit, and so the Consuls making Le∣vies led out the Legions, Fabius to the defence of the associates, and Vale∣rius against the Volsci, who ingaging with him in battel, came off on equal terms; and afterwards neither party were forward to fight. It was believed in the City, that the Roman Army wilfully neglected an opportunity of vi∣ctory, out of hatred against the Consul, whom they despised as a man of no experience, and in revenge against the Fathers who had so long frustrated their hopes about the division of publick grounds. At this time one of the Vestal Nuns Opimia by name, being convicted of incontinencie, was shut up within the ground in the Forum, and her corrupters scourged and put to death. At the next election of Consuls there was great contention, the Pa∣tritians having a desire to prefer some in whom they could confide, and par∣ticularly pitching upon the son of Appius, a man of the same temper with his Father; and the Commons as much labouring the Contrary. When the Consuls held the Comitia, the Tribunes interposed, and when the Tribunes called the People together, the Consuls would not suffer any thing to be done,* 1.156 contending that it belonged to their Office. Both parties being incom∣passed with those of their Factions, railed, and sometimes came to hand cuffs, so that worse threatning, and the Senate consulting what was to be done, some moved to have a Dictator named, who might first correct all distempers of late brought in, and then deliver the power to men of approved integrity; but a middle way pleased; to create Interreges for holding of the Assemblies.

The first was A. Sempronius, who for his five dayes governing assaires in a peaceable manner, the other Magistrates having laid down, created according to the manner Sp. Largius. He in the Centuriata Comitia made Consuls with the well liking of both sides, C. Julius a favourite of the Commons, and Q. Fabius now the second time elected, a man addicted to the power of the great ones. In their Consulship the Aequi and Veientes invaded the Roman Territories, and did much hurt. Against the later they were sent with the Legions, after some contest with the People (who were hardly drawn in by Largius, because the Senate had now deferred the execution of the Agrarian Law five years) and harrazing the Country returned home with much spoil; neither was any thing else of moment done that year.

66. The year following (which was the first of the 75 Olympiad, wherein Xerxes made his Expedition into Greece, Callias being Archon at Athens) had for Consuls Caeso Fabius again, and Sp. Furius,* 1.157 to whom came messen∣gers from the Latines, desiring assistance against the insolence of the Aequi; and all Hetruria was reported now to be in arms at the desire of the Veientes. The Consuls were ordered to assist the one, and suppress betimes the other; but when they came to raise men, Icilius one of the Tribunes interposed upon the old pretence of the Agrarian Law. The work being hereby hindred, Appius advised the Senate to set one Tribune against another, by drawing ever some of them unto their side, as the onely way to abate the power of that Office now so sacred and inviolable. This course both at present and afterwards was effectual,* 1.158 and the Consuls with their Armies departed each one into his Pro∣vince; Furius against the Aequi, and Fabius into Hetruria. Furius har∣razed the Enemies Country, and returned home with great booty. Fabius, though an able Warriour, was so hated by his men, that when they had in battel routed the Enemy, they refused to pursue or do any thing more, but departing against his command to their Camp, thence also marched home, lest they should procure him the honour of a Triumph. The following Consuls Ch. Manlius, and M. Fabius, again were both sent to carry on the War in Hetruria, where they held the Soldiers in the Camp so long, till the Enemy was ready to fall upon it, and for shame they desired to be led forth. Fabius taking this opportunity, upbraided them with their disobedience to the Con∣sul the last year, in that place; and shewing them how little cause he and his Colleague had to trust them, having sufficiently humbled them, led them forth. A greater and longer battel was never fought by the Romans, who were thought to be Victors onely, because the Hetruscans, the night follo∣wing, forsook their tents. Manlius was slain, and for that cause his Col∣league refused the Triumph, saying, it was not right for him to take the Lau∣rel at his funerals. Having disbanded his Army, he laid down his Office two moneths before the time, because his wounds disabled him for service; and by the second Interrex in the Comitia, were declared Consuls Caeso Fa∣bius his brother (who having extraordinarily deserved in the late battel, was now honoured with this Office the third time) and T. Virginius.

67. Virginius being sent into Hetruria against the Veientes, was over-powered by them, and had lost his whole Army, but that Fabius upon the intimation of his extream necessity came out of the Country of the Aequi, and brought him off. When the Romans were retreated, the Veientes made excursions very near the City, to the great losse and disparagement of the State. The Senate found it necessary to have a constant guard upon the bor∣ders; but the Treasury was low, the tributes of private men were not suf∣ficient for this new charge, and it seemed that none would give their names willingly to so constant a work. When they were at a stand, the whole fa∣mily of the Fabii, by the procurement of the Consul, voluntarily offered to take both the charge and trouble upon it self onely, which was gratefully ac∣cepted.* 1.159 The Fabii then under conduct of Marcus the last year's Consul, for∣tified a Castle near the River Cremera, and not far from Veii. Their whole number was at first 4000, whereof their Clients and friends made up the grea∣ter part, and of such as bore the name of the Family there were 306: af∣terwards

another Company followed, being led by Caeso Fabius the Consul. Out of this Castle, which they named Cremera from the River, they made excursions, and much endamaged the Enemy. This caused the Veientes again to implore the aid of all Hetruria, which making preparations, news came that the Aequi and Volsci also had agreed upon an invasion. The Senate hereupon ordered their Armies to be provided, whereof L. Aemilius the next year's Consul led one against the Hetrusci, with whom joyned Caeso Fabius as Proconsul. C. Servilius the other Consul, marched with another part against the Volsci: and Ser. Furius with the third against the Aequi, having also the power of Proconsul. Furius no lesse happily than sodainly finished his work. Servilius rashly managing his affaires lost many men, and not daring to adventure all in a battel, drew out the War in length; But Aemilius giving battel to the Veientes and their Associates, overthrew them, and then storming their Camp, forced them to beg Peace.

68. Having purchased a Truce by the grant of provisions for two moneths to the Consul's Army, and six moneths pay, they had leave to send to the Senate. The Fathers upon reading of Aemilius his letters, who advised them by all means to finish the War, resolved to make Peace, and left the conditions thereof to him. He having a respect rather to equity than the profit of the Conquerours, made a League with them, neither taking from them any grounds, nor any more money, nor receiving any Hostages to se∣cure their obedience, which procured him much evil will, and deprived him of the due honour of a Triumph. They ordered him to assist his Colleague against the Volsci; but he complaining grievously of them to the People, and suggesting to the multitude that they were angry, because the War was finished, out of a desire to have the Peoples thoughts diverted from the Agrarian Law, disbanded his Army, as also that of Furius, and hereby af∣forded much matter for contention betwixt the Nobility and Commons. The year following, being the first of the 76 Olympiad, wherein Scamander of Mitylene was Victor in the course, and Phaedon Archon at Athens, the new Consuls, C. Horatius, and T. Menenius, found some obstruction in the Levies; the Commons still complaining that the Agrarian Law was not exe∣cuted. But necessity cut off the dispute, eleven several Cities of Hetruria having declared against the Veientes, for making Peace without publick con∣sent, and forced them to break it. The pretence was, for that the Fabii were not drawn off from Cremera, who sending intelligence to the Senate of this intended breach, it ordered Menenius to march into Hetruria, as Ho∣ratius against the Volsci. While Menenius loitered in his Expedition, Cre∣mera was taken, and the Fabii all cut off. Some wrote that it was by an Ambush, as they were returning to Rome, to sacrifize for the whole family, according to their custome. But others delivered more probably, that being accustomed to make depredations, they were drawn into snares by the He∣truscans (who caused herds of Cattel to be driven thither, where they had bestowed a sufficient quantity of men) and being overpowered, were all at length destroyed,* 1.160 though with the great losse of the assaliants, except such as they had left to keep the Cattel. These were so far from being discouraged at what had befallen their fellows, that they also stood it out to the last man, enduring all extremity, and fighting when half dead, with weapons wrested from the hands of their Enemies.

69. A tradition remained to posterity, that 306 of this family being cut off, none remained except one Boy, who for his youth could not serve in the Expedition. Dionysius sheweth the vanity hereof, by these reasons. 1. All except one could not be unmaried, or without children, for an ancient Law commanded all at a legitimate age to mary, and provide for Posterity, which being diligently observed till their age, the Fabii alone would not contemn: but,* 1.161 2. Grant this; it is not to be granted,* 1.162 that none of those had a brother of young years. 3. If their Fathers had been so utterly deprived of their Sons, yet certainly all would not have been so old and dry, as to despair of any more issue, and consequently make no provision for it by mariage. 4. And

if they had no fathers living, yet would it be a prodigious thing to suppose that none of them left any son as yet an Infant, a Wife with Child, or a young brother. This is true, that of the three brothers, Caeso, Marcus, and Quin∣tus, in the family of whom the Consulship had continued for seven years, Marcus onely left a young son, besides whom none of this name afterwards being famous, thence the report might rise that none else was preserved. Concerning the time of this defeat Authors something differ.(a) 1.163 Macrobius maketh the day to have been the 17^th of the Calends of Sextilis;(b) 1.164 Plutarch after the Summer solstice, and about the full Moon in the middle of the moneth Quintuis,(c) 1.165 Livy and(d) 1.166 Tacitus on the fifteenth of the Calends of Sextilis, which suiteth with that of Plutarch, and(e) 1.167 Ovid on the Ides of February.

70. The Veientes having recovered the Castle, went confidently against the Roman Legions, which lay incamped not far of, and as was thought might have relieved the Fabii, but that Menenius the Consul out of envy would not make use of the opportunity. They took the advantage of his unskilful∣nesse, and seized on an Hill near unto him, where placing a Guard, they made sallies upon the Camp, and so straightned it, that they brought him to fight upon very unequal terms, and put his Army to the worst. The Romans for∣sook their Camp, and fled in so tumultuous a manner, that had the Veientes not been too greedy of plunder, they might utterly have destroyed them. The day following they invaded the Roman Territories, and came as far as the Hill Janiculus,* 1.168 two miles from the Citie, whereon they seized, and thence made excursions to the great disgrace of the Romans. Horatius the other Consul returning from the Volsci, overthrew them twice, and gave the people some respit from their fear. The following year two skilfull men in Mili∣tary matters, Sp. Servilius and A. Virginius, entred the Consulship after the Summer solstice in the moneth Sextilis. Now the Hetruscan Warre, though difficult enough, seemed profitable, compared with domestick affairs; for the seizing upon the Mount, and the depredations thence made had hin∣dred Tillage for the last Winter, and no Traffick having been for that time, there was such scarcity of Corn that the Citie was brought into extream want, containing 110000 men of ripe age, as appeared at the next Cen∣sus, besides Women and Children, Slaves, Merchants, and Artificers (for no Roman Citizen was allowed to keep a Victualling-house, or to exercise any sordid Trade) thrice as many. The people made great tumults, and were ready to take away violently the provisions of the rich: the Tribunes also made great disturbance.

71. The Consuls laboured to satisfie the poorest sort by buying in all they could, and causing such as had Corn to sell it, till their Levies were finished. Then led they out by night against the Enemy, and passing the River before day, unexpectedly fell upon him, and got a bloudy victory; after which the Mount was forsaken by the Garrison, which having no relief sent in, retired to Veii.* 1.169 This War being ended, Menenius the last year's Consul was called to an account, and condemned in a pecuniary mulct for suffering the Fabii to miscarry, whom the people so gratefully esteemed, that they hated all who seemed to have been to blame as to their defeat, and placed the day thereof amongst their Nefasti, or unlucky ones, wherein no good work was to be be∣gun. The following year also, when Servilius was out of his Office, he was called before the people, for that in the last battel against the Hetruscans, he had so unadvisedly pursued the Enemy, as thereby to lose the flowr of his Army; but the man's abilities being considered, and his own defence with that of his College weighed (who desired either to stand or fall with him) he was acquitted. This year and that following, the Veientes were so overpowered, having been overthrown in battel together with their associates the Sabines, and now closely besieged, begged peace once more, and having with a whole year's pay for the Consuls Army, and money for two moneths provision purchased leave to send to the Senate, obtained a Truce for fourty years. The next year being the first of the 77^th Olympiad, wherin Dates an

Argive was Victor, and Chares Archon, L. Aemilius Mamercus the third time,* 1.170 and Vopiscus Julius were Consuls. Their Consulship was very turbu∣lent through the attempts of Cn. Genatius Tribune of the People, who re∣quired them to divide the grounds formerly Decreed to the people by the Se∣nate. They denied it belonged to them to execute what had been Decreed in the Consulship of others, and alleged that a Senatus Consultum was not of force, but for one year. Because he could not compel his Superiors, he set the day to Manlius and Furius, the last year's Consuls, to answer before the people, why they did not divide the grounds, pretending some reasons wherefore they ought to be questioned more than others, though it was now 12 years since the passing of the Decree, and alleging, that except the present Magistrates were quickned by a sence of punishment inflicted upon others, they would never set upon the work.

72. The Patritians exceedingly startled at so bold and impudent an at∣tempt, resolved by force of Arms, if fairer means would not prevail, to pro∣tect the accused, and the Citie might have been in bloud had not Genatius died suddenly that very morning, no sign of violence appearing on the body. This allayed the fury of the multitude, and the Sedition might have been quite appeased, had the Consuls born their successe with moderation, and considered what was fitting for the time. But making new Levies, they would force one P. Volero, who had before-time been an Officer, to go in the pre∣sent expedition as a Common Soldier, and when he alleged that he ought not to be compelled so to serve, for that he had not deserved it by any of∣fence, they commanded him to be strip't and beaten. He flying to the assi∣stance of the Tribunes appealed to the People, wherewith they not being at all moved, he became a Tribune to himself, with blows repelling one or two Lictors: and when the Consuls sent all their Officers to take him, such Ple∣beians as stood by calling one upon another rescued him from their hands. This diverted mens minds from thoughts of Land, and raised a zeal for privi∣lege and liberty; the Patritians complaining that the Chief Magistrates should be so contemned, and the Plebeians alleging it was a great breach upon their right for a Roman Citizen not to be heard when he appealed to the people, but scourged like a Slave: and they demanded Justice of the Senate against the Consuls; with these stirs, without any other thing of moment, was their Con∣sulship passed over. For the following year Volero an impudent fellow, obtained, though a man of meanest condition, to be Tribune, having made himself popular by resisting that Office, which was once equal to the Kingly, and promising that he would clip the power of the great ones. He proposed a Law for holding the Assemblies of Tribes at the Election of Tribunes, in∣stead of the other of the Curiae: betwixt which there was this difference. In the Curiata Comitia were such things treated on, and confirmed by the suf∣frages of the Curiae,* 1.171 as the Senate had first Decreed, and that with the auspi∣cia; for except the birds predicted good, the Comitia were null and fru∣strate. But the Tributa Comitia were managed without any consulting of the Senate, without the superstitious observation of birds (called Au∣spicia, and observed at the Election also of Patritian Magistrates) and all things were determined by the suffrages of the Tribes gathered apart.

73. When the day for determination of the question was come, great en∣deavours were used on both sides; the whole time consumed in speeches, for, and against the Law. The Tribunes then put it off till the Trinundinum, against which time the Patritians improving all their interest, Volero resolved by force to keep them from the Comitia, and the Consuls from diswading the thing, because they carried it mighty highly, and with their friends, and Clients, took up a great part of the Forum. He was prevented by a grievous plague, which like a Torrent carried away multitudes, so as his year being out before he could accomplish his design, by his great promises be obtained to be Tribune again, as also his two Collegues who sided with him in this enter∣prize. The Fathers to ballance him procured to be made Consul Appius

Claudius, the son of Appius, absent, against his will, and to their own preju∣dice.* 1.172 His Collegue was T. Q. Quintius Capitolinus, of a contrary disposition. Appius was all for Wars, that by expeditions the multitude might be diverted from Seditious attempts, the effects of idlenesse; and Quintius contended that causes were not to be sought for, lest the ordinary sort being forced to unnecessary War, should break out into rage, and trample Magistracy under their feet; and the Government being his, saith Dionysius, this moneth, he prevailed. But Volero renewed his endeavour for the Law, and thereto ad∣ded, that the Aediles should be Elected by the Tributa Comitia, as also what∣soever should concern the Commons, might be transacted, and passed in them; which tended to no other than to transfer the power from the Se∣nate to the people. Appius now earnestly pressed to make Levies, and un∣dertake some expedition; but Quintius prevailed that they should rather go about to disswade the people by reasons, than to compell them by force.

74. Quintius to this purpose made a seasonable speech in the Assembly, and so far prevailed, that the Law as unjust had been laid aside, but that his Collegue used, though just and true, yet unseasonable words, speaking to the Commons, not as free Citizens, who had an hand in making, and abrogating Laws, but as a rabble of base persons. He upbraided them with unthrifti∣nesse, defrauding of their Creditors, revolting from the Consuls, and volun∣tary Exile;* 1.173 as also perjury, and turning of the Weapons taken up in defence of their Countrey, into its bowels. He said, it was no wonder that such as they were should proceed thus from one wicked act to another, instancing in their Seditious attempts for the gaining of the just power of the Patritians. Having spared no contumelious, or afronting language, he came to that which gave most offence: that the State would never be at rest so long as the Tribu∣nitial power remained; for as much as it was impossible that what took its Original from violence, iniquity, sedition, fear of a Civil War, and other abominable things, could produce any profitable effects. He concluded with an asseveration, that as long as he was Consul, he would neither suffer this, nor any other Law to passe without approbation of the Senate, and this he would stand by both with Words and Deeds also if need should require; so that, if ne∣ver before, they should learn in his Office, of what force was the Consulship. Then stood up C. Lictorius, the principal man amongst the Tribunes, and in answer to his accusations related what labours the Commons had sustained before, and since the banishment of Tarquinius; how, for all this pain and danger, they were not made partakers of any thing which they had obtained by their bloud, till forced to separate from the Patritians. That then they got this Office of Tribuneship, as a protection for the poor, with other Laws afterwards, as of judging the Patritians, and translating the suffrages from the Centuriata to the Curiata Comitia, all which he accounted nothing. Then reproving Appius sharply, he told him he would shew him of what force that Office was upon which he had trampled, and of the people called by him sor∣did, and without House or Harbour. Having spoken this, he swore most solemnly that he would, and not live except the Law passed, and command∣ing silence,* 1.174 when all men expected earnestly what he would do, he sawcily re∣quired Appius to depart the Assembly.

* 1.17575. Appius not obeying, but incircling himself with a Company he had brought for that purpose, having made silence to be proclaimed by a Crier, he declared that the College of Tribunes commanded the Consul to be carried to prison, and therewith sent an Officer to apprehend him. He was beaten back by the Lictors, whereat Lectorius himself exhorting the multitude to stick to him,* 1.176 went to lay hands on him. Appius being defended with a company of stout young men, a great and unseemly Contest followed with railings and thrustings to and fro: and at length it came to blows, and throw∣ing of stones. The Consul Quintius by his intreaties throwing himself into the middle, and the more grave Senators, hindred the tumult from proceed∣ing to a further inconvenience, which was ended shortly after by the night.

Several dayes were spent with mutual recriminations; but at length the Tri∣bunes and People seized on the Capitol, and there kept watch night and day. The Senators very solicitous what to do,* 1.177 both in respect of the danger, and the difference betwixt the Consuls; for Quintius thought the Commons de∣siring no unjust thing, were to be gratified; but Appius would rather die than yield. Quintius taking great pains, at length procured the Tribunes to refer the Law to the discretion of the Senate, which after a long disswasion of Appius,* 1.178 and perswasion of the Tribunes, permitted it to be put to the que∣stion of the Comitia, wherein the Commons readily passed it. After this, the Consuls were sent out with the Armies; Quintius against the Aequi, whose Territories he wasted, and returned with honour, which his Soldiers were care∣ful to purchase for him; but Appius going against the Volsci, bore himself so austerely towards his men, that they would not obey him, but out of hatred, and to procure him an ignominious retreat, when they came to fight, retired to their Camp without striking a stroak,* 1.179 and no more could he draw them forth a∣gainst the Enemy, so that he was constrained to depart homewards, and in his way put to death such Centurions and Ensignes, as had been faulty, with eve∣ry tenth man in the Army. Some were beheaded, and some knocked on the head with clubs: this decimation being an usual punishment amongst the Ro∣mans, of such as had forsaken or lost their Colours.

76. The following Consuls Q. Valerius again, and Tib. Aemilius, be∣ing both well affected towards the Commons (the former out of envy to the Patritians, for that they had denied his Father a Triumph, and the later be∣cause he would reconcile himself to the multitude, offended by him for ac∣cusing Cassius the Author of the Agrarian Law, when he was Quaestor) pro∣mised the Tribunes to promote in the Senate the division of publick grounds. The Tribunes in confidence of their assistance, came into the Senate, and spake very mildly in favour of the Law, which the Consuls would not contra∣dict, lest they should seem to seek after contention, but asked the ancienter Senators their opinions. L. Valerius Father to the Consul, pressed the divi∣sion of Lands; but Appius so severely and plainly withstood it by several in∣vincible reasons,* 1.180 that he caried it against the other, for which the Tribunes set him a day to answer before the People for his life. The crimes were: That he gave ill advice against the Commons, raised Sedition, laid violent hands forsooth on the Sacrosanct body of the Tribune, and being General of an Army had received a defeat, and returned with ignominie. The Patriti∣an exceedingly concerned, left nothing unattempted to save him, and de∣sired him, that giving way to the time, he would take the habit agreeable to his condition; but he flatly refused to do any thing poorly, or unwor∣thy of his Ancestors, adding, that he would die a thousand deaths rather than touch the knees of any, as was the custome of Suppliants. He forbad his friends to supplicate for him, saying, his shame would be doubled, if he saw any do that in his behalf, which he himself disdained to do. Giving out ma∣ny such like speeches, he neither changed apparrel, nor his countenance, nor remitted any thing of his antient magnanimity,* 1.181 and when he saw the whole City earnestly intent upon his tryal, a few dayes before the appointed time he killed himself. His friends gave out that he died of a natural death, and the body being bought forth into the Forum, his Son was there ready, and asked leave of the Consuls to commend him in a funeral Oration, according to the custome. The Tribunes commanded the body to be taken away with∣out any ceremony; but the People were thereat displeased, and suffered the young man to perform this last and usual Office of honour to his deceased Father.

77. For this and the two following years the Romans fought successively against the Aequi, Sabines, and Volsci. From the later was taken Antium, be∣ing surrendred to T. Quintius Capitolinus the Consul, who placed therein a Garrison. In the following year, wherein were Consuls Tib. Aemilius a∣gain, and Q. Fabius (son to one of the three brothers, that with their Friends and Clients died at Cremera) the Tribunes made new stirs about the

Agrarian, and Aemilius furthering the businesse, the Senate to gratifie the multitude, decreed that some part of the Lands lately taken from the Volsci and Antiates, should be divided. Yet not many would give their names, being unwilling to forsake their native Country, so that the Colony was made up out of the Latines and Hernici. The Consuls marched, Aemilius against the Volsci, and Fabius against the Aequi; both had successe; the la∣ter forcing the Aequi to beg Peace, the conditions whereof were left to him by the Senate. But the Aequi receiving the Fugitives of Antium, suf∣fered them to make excursions into the Territories of the Latines, and re∣fused to give them up, whereupon succeeded another War, though the Ro∣mans obtained a bloody Victory, in the third year after the making of the Peace. In the next Consulship which was executed by L. Ebutius and P. Ser∣vilius Priscus, fell a more grievous plague upon the City than ever before hapned.* 1.182 It first consumed almost all Cattel, and from the Country came into the City, wherein it swept away an innumerable company of slaves, and a fourth part of the Senators, and amongst these the Consuls, with most of the Tribunes. Livie writeth, that the Aediles supplied the place of Con∣suls. The disease began about the Calends of September, and continued that whole year, sparing no Sexe or Age.

78. When this was known by the neighbour Nations, the Volsci and Aequi,* 1.183 supposing the time of destroying the Roman Empire to be come, pro∣vided all things for a Siege, and to divert the Romans invaded the Latines and Hernici their associates. These sending to Rome for aid, Eubutius was already dead, and Servilius as yet alive, in small hope assembled the Sena∣tors, who were brought half dead in their Litters to the Court. They gave them liberty to defend themselves, which doing, when the Enemies had wa∣sted their grounds at their pleasures, they marched for Rome, but contrary to their expectations, they found it sufficiently guarded, though with sick and feeble men. When the next Consuls were created, L. Lucretius and T. Veturius Geminus, the Pestilence ceased; and all things being quiet at home (for the Tribunes making adoe according to the custome about the Agrarian, were commanded by the People to desist, and expect better times) they invaded those who had taken advantage at the publick calamity. They had good successe abroad, and better near home, when the Aequi in their absence came and thought to have surprized the City. For understand∣ing the walls to be furnished with armed men, and four cohorts of 600 apiece to stand before the gates, they altered their course when they came to Tusculum; but Lucretius met and gave them battel, which they were hasty to imbrace before the coming of his Colleague. For a time they fought couragiously; but seeing a band of men behind them, which came from a certain Castle, they thought it had been the other Consul, and fearing to be inclosed ran away, having lost both their Captains, and many other valiant men. After∣wards without any let, the Consuls wasted the Territories both of the Aequi and Volsci, and returned home at the time of the Comitia: Lucretius in full triumph, and Veturius in the other called Ovation, by decree of the Senate, with the like pomp in all things, except that he entred on foot, and not in a Chariot; which words conclude the ninth Book of Dionysius his Roman An∣tiquities.

79. For the year following (which was the first of the 80 Olympiad, wherein Torymbas the Thessalian was Victor, and Phrasicles Archon) P. Volumnius and Ser. Sulpitius Camerinus were created Consuls,* 1.184 who ha∣ving nothing to do abroad, imployed themselves at home in defending the power of the Patritians against the Commons, now much instigated against it by their Tribunes. They were come so far, as to assert, that it was most agree∣able with the constitution of a free State, for the Citizens to have equal power in Government.* 1.185 The People now would have all things done by the prescript of Laws,* 1.186 whereof as yet there were none written, the Kings having judged according to their own discretion, and the Consuls by certain presi∣dents of those Princes formerly in power. The least part was recorded in the

Books of the Pontifies, which none could come at except the Patritians. C. Terentius, or Terentillus Arsa according to Livie, Tribune of the Commons the foregoing year, had endeavoured to circumscribe within cer∣tain limits the power of the Consulship; but left the matter unfinished, be∣cause the greater part of Citizens were imployed in the War; the Consuls on set purpose drawing it out in length, till the Comitia. Now the whole College of Tribunes renewed the attempt by the procurement of A. Virginius one of the number; the whole City being divided about it. Much conten∣tion there was in the Senate, betwixt the Tribunes and the contrary Faction; but at length, not doing any good in that place, they called the People to∣gether, and proposed a Law, that ten men might be chosen in Lawful As∣sembly, such as were most eminent for age, prudence, and dignity, and who especially respected their repute, and honour: that these men should publish Laws both concerning private and publick businesse, by which right should be prescribed, both to private persons and Annual Magistrates. The Question they put off till the Trinundinum, giving any one leave to speak freely, either for or against it.

80. The Patritians extraordinarily moved, that the Senate's authority in this matter was utterly neglected, both by fair and foul means laboured to hinder the debate; casting the meanest sort like Slaves out of the Forum, who minded their private commodity more than the publick Peace. Amongst those sticklers Caeso Quintius the son of L. Quintius Cincinnatus,* 1.187 was principal, one of great Nobility, beautiful in person, and very stout and expert in War. Him the Tribunes resolved to make an example to all young men, and called him to answer for his life before the People. He refused to an∣swer, except at the Tribunal of the Consuls; but his Father earnestly intrea∣ted for him, recounting the several eminent services he had done for the State, and imputing this miscariage to his youth, and indiscretion. The multitude plainly declared by signs, that they were ready to gratifie him, which when Virginius perceived, knowing, that if Caeso escaped without punishment, the insolence of the young Patritians would be intolerable, he pro∣cured M. Volscius, one of his Colleagues, to tell feigned a story, how in the time of the Plague he and his brother returning from a friends house in the night, were set upon by Caeso and his drunken Companions in the Forum, who kil∣led his brother outright, and left Volscius himself half dead. He added, that both the Consuls dying of the Plague, he could have no satisfaction, and in the succeeding Consulship, whensoever he cited Caeso before the Magistrates (as several could bear witnesse) he received nothing blows. This so inraged the multitude, that they had torn him in pieces, but that the Consuls and some of the Tribunes kept them off. His tryal then was deferred, not with∣out a great controversie, whether he should lye in prison, or be out upon bail, the latter whereof at length was accepted by the interposition of the Senate, and he fled into Hetruria,* 1.188 leaving his ten sureties to pay the money, which was exacted of them by the Tribunes, who also condemned him. His Father sold the greatest part of his estate to reinburse the sureties, and content with a small quantity of ground beyond Tiber, and a little cottage, sustained him∣self very laboriously by the help of a few slaves; for grief and poverty ab∣staining from the City and his Friends, and neglecting to divert himself with publick solaces.

81. The Tribunes were much crossed in their expectations. For the ca∣lamity of Caeso was so far from moderating the insolency of the young Patri∣tians, that they grew much higher, opposing the Question both by words and deeds; so as in this Consulship the Law could not be preferred. For the following year P. Valerius Poplicola, and C. Claucius Sabinus, were crea∣ted Consuls; and the Commans made the same Tribunes as the year before, who perceiving the Law was not by perswasion to be enacted, sought to ter∣rifie both People and Consuls.* 1.189 They caused various rumours to be spread, that Enemies had hatched a great conspiracy against the Commons, then coming into the Senate, there affirmed it, pretending they had letters from

some friends to assure them of it. They said certain Senators were in the plot, but that the greatest part consisted of the order of the Equites, which it was not seasonable then to name; but they had designed in Conjunction with Caeso Quintius the Exile, to murder the Tribunes with others by night, and then at their leasure to rescind whatever had been granted by the Senate unto the Commons: In conclusion they desired the inquisition of so grievous a design might be committed unto themselves. The Senate being very sol∣licitous, Claudius the Consul (who was fully perswaded that what the Tri∣bunes went about was the onely conspiracy) by ripping up their designs con∣cerning the Agragrian Law, and the bad successe of their endeavours which put them upon this exploit, fully convinced the Fathers how the matter stood,* 1.190 especially when they would neither name their friends from whom the Letter came, nor the Messenger: and though the Tribunes highly com∣plained of him, and the Senate, unto the People, yet the most sober amongst the Commons were satisfied with his reasons. Whilest the heat of this con∣tention remained, the Citie fell into such danger from outward Enemies as never before, which, saith Dionysius, had been foretold by Sibyll's books that it would arise out of intestine division, and was likewise signified by the prodi∣gies of the foregoing year, when besides strange sights and noises, it rained pieces of flesh, of which some were devoured by all sorts of birds before they fell to the ground, and the rest continued long upon the earth, without either change of colour or smell.

* 1.19182. Ap. Herdonius a Sabine with 4000 men seized upon the Capitol, the and called the Slaves to their liberty. At this time of extream of danger, the Tribunes made what disturbance they could, instigating the multitude not to fight against the Enemy, except the Patritians would ingage by Oath to Create ten men for the making of Laws, and suffer the Commons to live with them upon equal terms of privilege. Claudius would have wholely omitted them, and carried on the War by the Patritians, and their Clients onely; but Valerius thought it necessary to have a closure in the body before it should go about to defend it self from outward attempts, and therefore promised with an Oath, that if the people would chearfully carry on that War, as soon as peace was restored, he would permit the Tribunes to put the question,* 1.192 and indeavour to satisfie the desire of the Commons. Claudius then being appointed to look to the Citie, Valerius on all sides set upon the the Capitol, which was taken by storm, though he lost his life, having omit∣ted neither the part of an able General nor valiant Soldier; For though he had received many wounds, yet he gave not over, till climbing the Walls a great stone was tumbled down upon him, which took away his life. The War being ended, the Tribunes required of Claudius to make good the promise of his Collegue; but he deferred the matter by several pretences, and at length alleged he could do nothing of himself. He appointed then the Comitia for Creation of a new Consul into the room of Valerius. The Patritians were very sollicitous to get some chosen that would defend their interest, and re∣solved upon L. Quintius Father to Caeso, lately banished, who at the day ap∣pointed was chosen by all the Centuries of the first Classis, as well Equites as the other,* 1.193 so that the rest of the Classes were not called. They that were sent to fetch Quintius into the Citie, found him at Plow without as much as a Coat about him, onely in his Trusse, and a Cap on his head. Seeing the company make towards him, he wondred what it meant, but being told by a Viator that run before, he put on other apparel, and in a seemlier habit presented himself. Being saluted not by his own name, but by that of Consul, invested with Purple, honoured by the Fasces, and other Ensigns of Magistra∣cy, he was desired to begin his journey, whereat pausing a little he an∣swered with tears: Then for this year this little field shall be unsown, and we shall be in danger of want. After this, taking leave of his Wife, and commending his houshold affairs to her care, he departed for the Citie.

83. Quintius restrained the Tribunes from preferring the Law, by de∣nouncing, that except they were quiet, he would lead out all the Citizens

against the Volsci. When they said they would not permit him to make Levies, he called the people, and put the younger sort in mind of their Sacramentum, or Military Oath, whereby they had bound themselves to the Consuls to fol∣low whithersoever he would lead them, and not be wanting to the Majesty of the Roman people. He affirmed they were all obnoxious to him by this Oath now he was Consul, and sware he would animadvert upon Offendors accord∣ing to the Laws. Herewith he commanded the Standards to be moved out of the Aerarium, and told them that to make them know they should have no leasure for Tribunitial actions in his Consulship, he let them understand, he would not return out of the Enemie's Countrey till his Office was at an end, and bade them prepare for wintring in the Camp. The multitude terrified hereat,* 1.194 desired him to forbear this rigour, and he did it upon this condition, that they would not molest him for his whole time, but suffer him to spend it in administring Justice. He behaved himself with such prudence, Justice, painfulnesse, and courtesie, that the Commons thought they stood not in need now of any new Laws, and the Senate was desirous to have him Consul for the following year, to oppose him to the Tribunes, who executed that Office now the third time. But as he approved it not in them, so he himself would not commit the same fault as he counted it, and in the Assembly speaking much against such as would not quit their Office when their time was finished, swore most religiously, that he would not accept the Consulship till he had laid down his present charge. Having finished a new Election, he betook himself to his little Cottage, and his former laborious course of life.

84. The year following, the Aequi surprized Tusculum, which action caused a War betwixt them and Rome, wherein they were worsted, together with their friends the Volsci, and forced to beg peace. But in the next Con∣sulship they were drawn again to revolt, and making War upon the Latines, by Gracchus Claelius their Captain, an industrious man, who had improved the power granted him by his Countrey almost to regallity.* 1.195 He drew the Roman Army into so disadvantagious a place, that it was thought convenient to make a Dictator,* 1.196 which was L. Quintius Cincinnatus. The Messengers found him newly dressed; for when he espied the company, suspecting they came to him, he left the Countrey-work he was in hand with, and put on his better Clothes. Seeing himself made Dictator, by the trapped Horses, the 24 Axes, the Purple, and other royal Ensigns, he was so far from being de∣lighted with this honour,* 1.197 that he said with indignation: This year's Crop will also be lost by reason of mine imployment, and my family must be famished. When he came to the Citie he incouraged the people, and named Master of Hors-men, L. Targuinius, a man of no great esteem by reason of his poverty, but a good Soldier: Having gathered together the Forces, he gave Claelius bat∣tel, and beat him into his Camp, which having besieged some time, he forced the Aequi to give him up, with other incendiaries, to be punished with death ac∣cording to their deserts, as also to passe under the Jugum (two Spears set in the ground, and a third laid over upon them in form of a pair of Gallows) in token of servitude; and because they had the year following without any provocation plundred Tusculum, to suffer him to deal in the like manner with Corbio. The choicest part of the plunder he caused to be carried to Rome; the rest he gave to his own Soldiers, and those of T. Quintius the Quaestor, saying, that the other of Minutius the Consul; who had been be∣sieged by the Enemy, ought to be content that they fell not as a prey into his hands. Having caused Minutius to lay down his Office, he returned to the Citie with a more illustrious Triumph than any Captain before him, (the General of the Aequi, and other Eminent prisoners in Chains preceding his Chariot) having overthrown a strong Army, and plundred, and fortified a Citie of the Enemy within seventeen dayes after his Creation. That abso∣lute power which he might have kept for six moneths he presently resigned, having first given an account of his administration. And when the Senate and his private friends would have enriched him with publick Ground, Plun∣der, and Contributions, he utterly refused it, and betaking himself again to

his small Cottage, preferred a laborious life before Kingly power, for that he pleased himself more in his poverty, than others in the abundance of their wealth.

85. The year following, the Sabines, whose grounds the other Consul Nautius had wasted, as also the Aequi, were in Arms, having retaken Corbio, against whom when Levies came to be made, the Tribunes again withstood them, being all new Created the fourth time. Hereupon the Fathers with weeping eyes signified to the People, that being forsaken by them, who hi∣therto had stiled themselves their Children, they would go forth and fight against the Enemy in their own persons, wherewith the multitude being sore moved, and Virginius seeing that do he what he could they would give their names, he averred it to be the resolution of the Commons to live and die with them; onely they desired some reward for all their pains and danger, which was, that they might live in equal freedom. If this could not be grant∣ed, they waved it, and desired another thing, which he was sure would not in∣trench upon the Senate's privileges. The Consul affirming the thing should be proposed if they would but refer it to the Senate, he desired that the number of the Tribunes might be increased unto 10. The Senate debating the matter, C. Claudius, the son of Appius the Elder, spake against it, alleging, that the Commons would never be satisfied; but Quintius, who now bore the greatest sway, commended the opinion of Appius, that the* 1.198 onely way to crosse the design of the Tribunes was to set them one against another; and if so, it would make more for the interest of the Senate to have their number in∣creased.* 1.199 Accordingly a Senatus Consulum was drawn, that it should be law∣full for the Commons to increase their College of Tribunes to the number of 10. and it was presently confirmed by the People. After this the Sedition being appeased, the Consuls levied Forces, and managed the War succesfully against the Sabines and Aequi.

86. The ensuing year, being the second of the 81 Olympiad,* 1.200 and the 297 year of the Citie according to Cato, as the 298 after the account of Varro, had for Consuls M. Valerius and Sp. Virginius, who having nothing to do abroad, had too much employment in the Citie. Before this time, the Tri∣bunes onely reigned in the Assemblies, neither taking upon them to call to∣gether the Senate, nor give their voices therein. But now they ventured to as∣semble the Fathers, by the procurement of Icilius principal of the College, an industrious, and eloquent man, who presumed to make a further innovation in the State, requiring the Aventine Mount for the People to build upon, which being a mile and an half in circuit, was not as yet fully inhabited, but publick,* 1.201 and full of vvood. The Tribune moving the Consuls to procure a De∣cree of the Senate for his new project, and they deferring the matter, an Ap∣paritor was sent from the College to cite the Consuls before it. He apply∣ing himself to one of their Lictors, was beaten, and sent back, which so in∣raged the Tribunes, that apprehending the Lictor, they led him to the Tar∣peian Rock, the Consuls, though much troubled, not being able to rescue him; for that none could hinder the execution of what the whole College resolved; all they could do was to desire some of the Tribunes themselves to interpose. But this could not be effected, they having resolved at the beginning not to dissent from one another, that thereby they might preserve their Authority in∣violable. As concerning the Lictor, then they answered they were resolved, yet they put not the man to death, giving his life to the intreaties of the graver sort of Patritians, lest that order should be driven by just indignation to attempt something extraordinary. Having then assembled the Senate, the Consuls sharply reprehended them, but Icilius excused what had been done to the Lictor, by the sacred Laws, which forbade all, both publick and private, to crosse a Tribune. By a premeditated Oration he endeavoured to shew, that he had not unjustly assembled the Senate, and when he had seemed suf∣ficiently to have answered the charge of the Consuls, he mentioned the Law:* 1.202 That what private men were possessed of, and was justly gotten, should remain unto them; what ground by force, or fraud, was already furnished

with buildings, the expence of building be•••••• considered by arbitration, should be recovered to the use of the People, and what was yet publick be di∣vided amongst them. He shewed that this Law would be exceedingly profi∣table for the suppression of all Agrarian Seditions, forasmuch as the Com∣mons would be satisfied with possessions at home. No man dissenting, except C. Claudius, a Decree of the Senate passed for it accordingly.

87. The remainder of the year was spent in building. For the next were created Consuls T. Romulius and C. Veturius; Icilius and his Colleague be∣ing continued in their Office: The civil dissentions supposed to be removed by the late Law, were again revived, and the forein Enemies of the Com∣monwealth were in Arms,* 1.203 to the greater profit than discommodity of it. For such a vicissitude now there was, that Peace brought Sedition, and Warre procured Concord, which the chief Magistrates apprehending, wished for nothing more than external motions, and when there was Peace abroad, sought occasion for War; as understanding the growth of the Citie's pro∣sperity to be procured thereby. The present Consuls were of this mind, be∣ing jealous of the beggerly and idle multitude. And their opinion was right, that they were to be diverted; but there they failed, that wheras in so ill a crasis of the State, they ought to have proceeded gently, they admitted the excuse of none who desired exemption from the War, but severely inflicted penalties upon all; which gave occasion to the Tribunes to make disturbance, crying out, that they violated the privilege of their Office, by imprisoning such as appealed to it. From mutual revilings sometimes it came to blows, both parties being berounded with those of their faction, and the People not fully complying with the Tribunes in their demands, they went into the Se∣nate, where they required, that the Consuls might either lay down their Offices, or answer their crime against the Sacrosanct Tribunitial power be∣fore the People. The Senate determined nothing, seeing it dangerous to diminish the power either of the Consuls or Tribunes, at which the later much discontented, returned to the multitude. Some were for departing again from the Patritians; others more moderate, would expect the course of Law against those who had violated so sacred an Office; and a third (the most sober party) disliked this as well as the other, for that the Consuls were the Supreme Magistrates; and thought it meeter to punish their abettors. If the Tribunes had not at length restrained their anger against Senate and Consuls, the City that day had destroyed it self, so intent were both parties upon Arms and War. But they set the Consuls a day to answer before the People, and then were prevailed with to let the matter fall, telling the Commons, that they remitted what concerned themselves for their sakes whom they ought not to deny it, but would revenge the injury done to the whole, to prevent an ill example.

* 1.20488. This was by promulgating the Agrarian Law, which hitherto had layn dormant for thirty years, to which another was added of equal right, which the former year could not be passed. Having with an oath promised to prefer these Laws, they appointed a day for the Comitia, wherein having first themselves spoken largely, several others related what good service they had done for the Commonwealth, and laboured to shew how unworthy a thing it was for them to be defrauded of those grounds, which by their labour and danger they had gained, and admitted to no part of reward. The multitude gladly hearing such discourses, none more affected mens minds than L. Siccius Dentanus, a man of admirable shape, 58 years old, and furnished with military eloquence, for a seditious attempt. He told them, he had served his Country in the Wars forty years, and been an Officer thirty; sometimes a Centurion, afterwards a Tribune. He was raised to that honour by Sicinus the Consul, for defending the Ensign of his Cohort, when the Centurion was slain, for which he was also adorned by his fellow Soldiers with a golden crown. In another battel, wherein the Tribune of the Camp was struck to the ground, and the Eagle (or Standard) taken, fighting for the whole Legion, he recovered it and saved him, for which the

Tribune would have given him his place, but he refused it, and the Consul made him Tribune of the first Legion, which Office was then void. Having thus purchased himself honour; to maintain his credit he spared no labour, not refused any danger, being ever rewarded by the Consuls with spoils, crowns, and other rewards and honours.

89. In short; during those forty years, he had fought 120 battels, recei∣ved 45 wounds,* 1.205 all before and none behind, whereof twelve that day where∣in in he fought against Herdonius, who seized upon the Capitol. As for re∣wards after the several battels, he had obtained fourteen Civick Crowns (which saith Gellius, were bestowed upon him who had preserved the life of a Citizen, and were made of Oake, because the most antient meat was thought to be the fruit of that tree;) three Murals (which were given by the Ge∣neral unto him who first mounted the walls, and entred a Town,* 1.206 being adorned with an image of the batlements) and eight Golden Crown; be∣sides 83 Golden Chains, 60 Golden Bracelets, 18 pure Spears, which were Spears having no iron at the ends of them, being also called Hastae donaticae, and Hastae gramineae, and 23 Horse trappings, whereof nine were for kil∣ling Enemies that he had challenged to single Combats.* 1.207 To this relation of Dionysius, Gellius addeth a Crown, called Obsidionalis (which was given to one who had freed the presenter from a Siege) and increaseth the number of Bracelets to above 160; that of Spears to 22, and the other of Ho••se trap∣pings to 25. He calleth him L. Sicinius Dentatus, and writeth, that for his incredible atchievements, he had the appellation of Achilles Romanus.

90. Siccius proceeded, saying, that though he had fought so many years, served in so many Expeditions, received so many wounds, and helped to gain such large Territories for the Roman People, yet neither he, nor his fellow-soldiers partakers with him in the same dangers, had received any portion of those Lands, being possessed by others, who could neither shew title nor merit for them. After this, he accused the Patritians of having put Cassius to death, for no other cause than favouring the Commons, as also of privily murdering Genutius the Tribune, eleven years after, which had terrified others since from such attempts as his were. He mentioned the affronts late∣ly made to the Tribunes, and concluded with an exhortation to the multi∣tude, to free themselves from this Tyranny of the great ones, by passing the Law without giving heed to the disswasions of any. The Assembly was so moved by his words, that they seemed impatient of any thing to be said a∣gainst it; but Icilius rising up, after he had extolled the worth of the man, said, it was neither just, nor agreeable with the custome of the City, to hinder any one from speaking against the Law, especially such an one as asserted right, and opposed violence. He adjourned then the Comitia till the next day, when he comanded all to be present, who would speak any thing against it. The Patritians meeting at the Consul's house in the evening, resolved, if they could not with words, by deeds to hinder the passing of the Law, and be∣times in the morning took up the Forum, spreading themselves all over to hinder the uniting of the Commons. The Comitia being full, those that spake could not be heard, some incouraging, and others interrupting them with great clamours.* 1.208 The Consuls protested against this carriage, and that if any violence succeeded, the Commons were the procurers of it; and the Tribunes answered, that they had heard long such discourses as they were now making. The day being far spent, the People required the ballots; but then the young Patritians hindred them from uniting in their Tribes, and snatched away the pots and ballots, beating out of the Forum the Officers attending for the gathering of Suffrages. The Tribunes crying out, and casting them∣selves into the throng, they gave way to them, where ever they went, but hindred such as would have followed, and rendred their Office thereby un∣serviceable. At length the Patritians prevailed against the passing of the Law, by the means of three Families especially, viz. the Posthumii, Sem∣pronii, and Cloeli••, most eminent for Nobility, Riches, and Clients, who also especially hindred the confirmation of the Agrarian by a Plebiscitum.

91. The Tribunes consulting how to vindicate their cause, the most moderate opinion prevailed, that neither the Consuls, nor any other Patritians, save those of the three Families now mentioned, should be called to answer be∣fore the People; and not for their lives, but estates, for resisting the Tri∣bunes in preferring the Law. The Patritians gave way to it, and having re∣deemed the estates, restored them to the owners. Afterwards, when the Tribunes again went about to prefer the Law, news came that the Enemy was on his march to Rome, as far as Tusculum, which place onely stopped him, but could not long hold out. Levies now being to be made, according to a Decree of the Senate,* 1.209 the Tribunes endeavoured to hinder them, but another Decree being published, that the Patritians with their Clients, and such as voluntarily came in, would undertake the War; some for shame, some for plunder, and others to gratifie the Nobility, gave their names; and amongst the rest Siccius himself, whom followed a Cohort of 800 old Soldiers to do him honour, though excused from warfare by the Laws. A strong Army be∣ing presently raised, the Enemies retired, and were followed by the Consuls to Antium, where the Armies lying incamped one against the other, the Aequi, confident of their strength, at length provoked the Romans to fight. Romulius having then the command, sent for Siccius, as the story goes, and gave him order with his Cohort to go a certain way, and fall behind upon the Enemies Camp;* 1.210 intending either to disgrace him upon refusal, or destroy him by so impossible an undertaking. When Siccius laboured to shew him that the thing could not be done, he upbraided him with his speeches used in the Comitia concerning his own exploits, and objected to him pretended valour. Hereat he undertook the matter, and giving all to understand his case, depar∣ted with his men all weeping, to the regret of the Army, who expected of these 800 to see no man return alive. Siccius led them not the same way as the Consul thought, which being mountainous, would have brought cer∣tain destruction to them ascending,* 1.211 but another through a Wood, by which they came upon the Camp of the Aequi, where it was forsaken of the guard, now gone to behold the fight of the two Armies, before this time joyned. Falling in with a shout, the Aequi supposing the other Consul present, for∣sook the Camp and fled, after which Siccius and his Cohort marched down towards the battel, whom the Enemy discovering on their back, and knowing their Camp to be taken, were also discouraged and fled: The Romans pur∣sued them till night, and did great execution, but none so valiantly demeaned himself as Siccius Dentatus.

92. Siccius having lodged himself and his men in the Enemies Camp, the next day set it and all the stuff therein on fire, and with haste marched for Rome, on purpose to deprive the Consuls of the honour they expected. Coming into the Forum, he related to the Tribunes and People the whole pas∣sage, how he and his old men being destined to ruine, had obtained the Vi∣ctory.* 1.212 Hereby he not onely ingratiated himself with the People, but pro∣cured the displeasure of the Senate also against the Consuls, who were denied the honour of a Trimph. The Commons gratified Siccius in the highest mea∣sure they could, making him one of their Tribunes for the following year, wherein Sp. Tarpeius, and A. Ternius (or Thermus rather as Gellius hath it) were Consuls. The first he did relating to his Office, was to set the former Consuls a day to answer before the People, for violating the power of the Tribuneship, and devising the destruction of him and his Soldiers: and so resolved was the whole College, that the judgment passed without interrup∣tion intended by the Patritians, and they were both condemned in a pecu∣niary mulct. The present Consuls were hereby rendred more inclinable to∣wards the Commons; so that they procured a Decree of the Senate, and a Law passed in the Centuriata Comitia,* 1.213 that All Magistrates should have li∣berty to punish such as violated their authority, which was formerly the pri∣vilege of the Consuls onely. But the mulct was not left to their discretion, provision being made, that it should not exceed the worth of two Oxen, or thirty Sheep; which Law was long observed by the Romans. After this,

the Tribunes propounded to the Senate, that Laws might be made, which the Citie should use for ever.* 1.214 After a grave debate, the advice of Romulius the late condemned Consul prevailed, who contrary to the expectation of both parties spoke in behalf of the thing propounded. He said, he was for the interest of the Patritians as long as there was any hopes of its continuance, but finding things in such a condition, as it must necessarily decline, he thought it wis∣dom to comply with that necessity, and advised that Ambassadors might be sent to the Greek Cities in Italy, and to Athens, thence to fetch such Laws as were most excellent, and befitting the Commonwealth. After their return was to be propounded to the People the choice of Law-makers, what their power should be, for how long, and what other things should appertain to them. Siccius extraordinarily affected with the mans ingenuity, said he was how friends with him, and remitted his fine; but he refused to forbear the payment of it, because already sacred to their gods. A Senatus Con∣sultum being made, and confirmed by a Plebiscitum, Ambassadors were chosen to fetch Laws from the Greeks.* 1.215 These were Sp. Posthumius, Ser. Sulpitius, and A. Manlius, to whose use Gallies were assigned, and fur∣nished at the publick charge, as was suitable with the Majesty of the Roman People.

92. For the following year, being the first of the 82 Olympiad, wherein Lycus a Thessalian of Larissa was Victor in the course, Charephanes exerci∣sing the Office of principal Archon, the 300th year of the Citie being now ended (as Dionysius computeth, following the account of Cato) P. Horatius and Sext. Quintilius were Consuls. Now fell a greater plague than ever had been known, upon both Citie and Countrey, which swept away Quin∣tilius the Consul, and Sp. Furius chosen in his place, with four Tribunes, and many Senators. The succeeding Consuls were L. Menenius and P. Sextius, who took care for Corn to supply the Citie, which laboured under a famine, by reason that the grounds lay untilled the former year. In their year the Am∣bassadors returned out of Greece with Laws, presently after which the Tri∣bunes required, that according to the Senates Decree, law-makers might be appointed. The Consuls knowing not how to deny them, yet unwilling to weaken the interest of the Patritians, deferred the matter, saying, that the time of the Comitia was at hand, after which they would labour, joyntly with the Consuls Elect, in the businesse. The Tribunes were content; but when the Comitia were past, wherein Appius Claudius, and T. Genutius were chosen, they grew idle, and neglected the administration of affairs, as now be∣longing unto others; and Menenius was sickly, pining away, as was thought, by melancholy; of which Sextius took advantage, pretending he could do nothing by himself. The Tribunes then betook themselves to the Consuls Elect, and though they had not yet entered upon their Magistracy, importuned them to gratifie the Commons, by proposing great honours and rewards. Ap∣pius being elevated with the hope of a new kind of Magistracy, grew popular, and perswaded his Collegue to a compliance, so that Sextius was forced to call together the Senate, and propound concerning Laws.

93. Many things were spoken, as well by those that desired a new model, as others, who thought it sufficient to rest satisfied in the customs of their Countrey. But the opinion of the designed Consuls prevailed, which Appius the principal of the two delivered, being asked his advice, according to the custom, before any other Senators. Their sense was, that ten men but of the chief of the Senate were to be Elected, whose power continuing for a year should be the same with that of the Kings and Consuls, and all other Magistracies cease till they might be renewed according to Laws: in the mean time the ten men, or Decemviri, were to administer Justice to private men, and model the Commonwealth. When the day came wherein this Senatus Consultum was to be confirmed by the People, the designed Consuls re∣signed their Office, for which they were exceedingly admired, and remembred in the choice. In the Centuriate Comitia were created App. Claudius and T. Genutius, late Consuls Elect; P. Sextius Consul for that present year, the

three Ambassadors who fetched Laws out of Greece, P. Posthumius. Ser. Sulpitius,* 1.216 A. Manlius, and one of the former year's Consuls T. Romulius, who had been condemned by Siccius the Tribune, and afterwards was the author of this popular act: besides these, out of the Senate C. Julius. T. Vetu∣rius, and P. Horatius, all of Consular dignity. The Tribunes, Aediles, Quae∣stors, and all other Magistrates were for a time devested of all power. Instead of Horatius, Livy mentioneth P. Curiatius.

SECT. II. From the Creation of the Decemviri to the War of Privernae, which fell out the same year that Darius Codomannus died: the space of 121 years.

* 1.2171. THe second change in the Government (from Consuls to Ten men,* 1.218 or Decemviri, as the first was from Kings to Consuls) hapned in the 302 year of the Citie, according to the account of Cato, and the 303 after the computation of Larrutius and Varro, which fell in with the 2 and 3 years of the 82 Olympiad, the 14th of the reign of Artaxerxes Longimanus, 449 be∣fore the Aera of Christ, A. M. 3554. and, as may be gathered both out of Dionysius and Livy, on the Ides of May.

* 1.2192. The Decemviri having taken upon them the Government, in reference to a new constitution, agreed that onely one of them at one time should have the Fasces and other consular Ensigns. He assembled the Senate, con∣firmed the Decrees, and did other things agreeable with chief Magistracy. The rest (for to lessen envy) differed little in habit from private men, ha∣ving onely an Accensus, or sort of Beadle, going before them, which Livy ad∣deth to the relation of Dionysius. They succeeded by turns, for a certain li∣mited time, till the year went about. The present Possessor of the Fasces onely saith Livy, but all of them as Dionysius seemeth to mean, judged private causes together with publick ones belonging to their subjects, and as∣sociates. All things they managed with such Justice and moderation, that the Commonwealth seemed most happy under them, having no need of ap∣peal. Appius above the rest grew exceeding popular by his familiarily with the ordinary sort; so as in a manner he carried away the praise from the whole College, for that he had a further design than any of the rest.

3. At length having made a model out of such Laws as were brought out of Greece, and their own Countrey's customes, they proposed it to the view of all men in ten Tables, that any one might make exceptions; liberty be∣ing given to private persons to inform the Law-makers, who consulted much with the Nobility about the work. When all approved of them; a Senatus Consultum passed, nemine contradicente, for the ratifying of these Laws, and the question being put to the People in the Centuriata Comitia, they were confirmed most religiously in presence of the Pontifies, Augurs, and Priests. Then were they ingraven in brasse, saith Dionysius and others, in Ivory saith Pomponius the Lawyer, and proposed to the publick view in the most conspicuous part of the Forum, as Minos of old, according to Plato, and long after him Solon, caused his Laws to be written in Tables by the Athe∣nian: called* 1.220 Cyrbes and Axones. The year being almost out, the Decemviri moved the Senate about the Comitia. After a great debate it was resolved to continue this kind of Magistracy for the following year; because something seemed yet wanting to the new model, through the shortnesse of time allotted to the work; but especially for that by this Office the Tribuneship was suspen∣ded, of which the Patritians had cause to be most jealous. The commons thought they had good reason to concur with the Fathers in this choice, and the day for holding the Comitia was appointed.

The most antient and honorable of the Fathers stood for this Office, fearing that if turbulent spirits were possessed of it, they might have a great advantage against the State. Above all others was Appius extolled to the skies, the Commons labouring earnestly to retain him in his place, for that none had behaved himself better than he. He desired to be excused, pre∣tending he had rather be discharged of so troublesom and ingratefull a work. At length overcome as it were by the intreaties of the people, he professed himself amongst the Candidates,* 1.221 and by accusing all others, as owing him ill will for his publick spirit, made way for himself and his friends. In the Centuriate Comitia he was made Decemvir the second time, and with him was joyned Q. Fabius Vibulanus, who had been Consul three times, a man hitherto of unblameable carriage: out of the other Patritians by the procure∣ment of Appius were created M. Cornelius, M. Servilius, L. Minucius, T. Antonius, and Manius Rabuleius, persons of no great Eminency, and out of the Commons Q. Petilius, Caeso Duellius, and Sp. Oppius, whom he took in, the more to ingratiate himself with the rabble, saying, it was just that the Commons should share in that Magistracy, which was to govern and com∣mand all.

4. Appius, a man more popular than any Magistrate that ever governed, either King or Consul, with his nine Collegues, entred his Office on the Ides of May, which saith Dionysius hapned in the full Moon, according to the course whereof moneths at that time were observed. The first thing the De∣cemviri did,* 1.222 was mutually to agree and confirm by Oath to be of one mind, not to hold the Assemblies, but perpetually to retain the power in their own hands: to admit none into their number, and to be of equal power and au∣thority amongst themselves; to make use of Senatus Consultum's, and Ple∣biscitum's, but rarely, and never except in case of necessity, acting most things by virtue of their own power. On the first day (which to the Ro∣mans was ever Festival and Religious) after their superstitious Ceremo∣nies were over, they all appeared with regal Ensigns, which exceedingly terrified the people, especially the Axes added again to the Rods, which Poplicola had laid aside, and none of his Successors the Consuls used in the Citie. By this fear they sought to procure themselves security, each of them getting about him a company of stout young men, such as were most addicted to him.

Some preferring their private commodity before the publick good flat∣tered them, and even amongst the Patritians themselves were not want∣ing, who though Eminent both for birth and estate patiently bore the op∣pression of their Countrey. The Decemviri indulging their pleasures, ex∣ercised now their authority with all licentiousnesse, nothing valuing the Roman Senate and people. Being both Legislators and Judges, many Ci∣tizens they unjustly put to death, and deprived others of their Estates, whose causes were all formally judged, that they might have some shew, and pretence of Justice, accusers being suborned out of their Dependents, each one affording all assistance herein to his Collegue. Such private persons as in their sutes feared their cause were constrained to joyn themselves to the party of their Judges; so as it came to passe in a short time that most of the Citizens were also corrupted. Such as were offended with the extravigancy of the ten retired themselves, expecting the Comitia for the Creation of new Magistrates.

* 1.2235. The Decemviri added two Tables of Laws to the ten that were made the year before. Amongst these new Laws there was one which forbad marriage betwixt the Patritians and Plebeians, for no other cause as Dio∣nysius conjectureth, than lest the families being joyned together, concord should ensue betwixt the two orders. These Laws thus by accident, saith(a) 1.224 Pomponius, came to be called the Laws of the twelve Tables, being written by the Decemviri, through the perswasion of one Hermodorus an Ephesian, as some reported, then banished into Italy, concerning which person(b) 1.225 Cicero and others are to be consulted. These Laws being esta∣blished,

it followed,* 1.226 that disputations and controversies of the Court should be necessary, for as much as an interpretation was to be built upon the autho∣rity of the Learned. This disputation, or this unwritten Law, composed by the Learned, is not called by any peculiar name, as all other parts, but by the common one of Jus Civile, or Civil Law onely. Besides, out of these Laws, at the same time almost, were composed certain cases, wherein men contested one with another, which cases, lest the People should make them at their pleasure, were to be certain and solemn; and this part of Law is cal∣led Actiones Juris,* 1.227 or Cases at Law. Thus almost at the same time these three sorts of Laws arose, viz. the Laws of the twelve Tables; from these flowed the Civil Law: and from the same were composed Cases at Law. But the knowledge of expounding all these, and the Cases themselves, were kept by the College of Pontifices, who appointed yearly those that judged Private Persons, which custome the People used almost 100 years. After∣ward, when Appius Claudius had propounded, and reduced these Cases into form,(c) 1.228 Gnaeus Flavius his Scribe, and the son of a Libertine (or of one whose father was once a Slave) stole the Book, and gave it to the People, which accepted so thankfully of the gift, that he was made Tribune of the Commons, a Senator, and Aedilis curulis. This Book was called Jus Ci∣vile Flavianum, as the other Jus Civile Papirianum. Yet Flavius ad∣ded nothing of his own to the Book. The City increasing, and there being as yet wanting certain sorts of Cases, not long after Sextus Aelius composed other Cases, and gave a Book to the People called Jus Aelianum.

* 1.2296. There being now in the City, the Lex or Law of the twelve Tables, the Jus Civile, or Civil Law, and the Cases of Law, it came to passe, that the Commons disagreeing with and separating from the Patritians, appointed Laws of their own making, called Plebiscita. After their return, there be∣ing a great controversie about these, it was thought good to receive them also for Laws, and so it was enacted by a Law preferred by* 1.230 Hortensius the Di∣ctator; so though there was a difference in the form of making a Law (cal∣led Lex) and a Plebiscitum, yet the authority was the same. Then for that it was difficult for the People to meet, because of it's multitudes, necessity it self devolved the care of the Commonwealth upon the Senate. So the Senate began to interpose, and whatsoever it resolved was observed: and that Law was called Senatus Consultum. At the same time the Magistrates also administred Justice, and that the People might know what they would deter∣mine concerning any thing, and to fore-arm themselves, they published Edicts, which Edicts of the Praetors constituted the Jus Honorarium, so na∣med from the honour and authority of the Praetor. Lastly, as the course of affaires reduced the making of Laws to fewer fashions, at length it came to passe through several Factions (viz. of Sylla, Marius, Pompey, and Caesar) that there was necessity of the Commonwealth's being governed by a single person. For the Senate not being able to govern all the Provinces, a Prince was ordained, and what he appointed was taken for Law. So that in the Commonwealth of Rome, all Law was either so constituted by a Law called Lex, as that of the twelve Tables; or properly called Jus Civile, which being unwritten, consisted in the interpretation of the Learned; or Cases of Law, which contained the form of Pleas; or a Plebiscitum made without the au∣thority of the Fathers: or the Edict of a Magistrate, called Jus Honorarium: or a Senatus Consultum, which without a Law (Lex) was ordained by the sole authority of the Senate: or Principalis constitutio, which the Prince him∣self enacted.

7. These things are written by Pomponius in this narrative of the Origi∣nal of Law; for the better understanding whereof, it is to be noted, that the word Jus signifieth all Law or right in general, and is that genus whereof Lex is but a species, being defined by(a) 1.231 Justinian the Emperour to be that which the People of Rome upon the quaestion put by a Senatorian Magistrate (for example a Consul) did enact. As for the twelve Tables, they were furnished with Laws, partly borrowed from the Graecians, partly added at the

discretion of the Lawmakers, and partly the same as formerly were in use.* 1.232 Of the first sort were such especially as concerned private interests. Of the second was that which forbad mariage betwixt the Nobility and Commons. And of the third, that Law which from Dionysius we formerly mentioned to have been made by Romulus, giving power to a man to call together his wives kindred, and judge her for drinking wine, or dishonesty: this is at∣tested to have been taken into the twelve Tables by(b) 1.233 Plinie; and(c) 1.234 Gellius also hinteth as much. From(d) 1.235 Ausonius is observed, that these twelve Tables were divided into three parts, whereof the first contained what be∣longed to the Religion of the Romans, the second what concerned the pub∣lick, and the third the rights of private men. Great are the commenda∣tions which many give of them, but the most eminent is Cicero's Encomium, that we name no more. Disputing under the name of Crassus, in(e) 1.236 one place he thus speaketh: If diversity of Studies please any, in the twelve Ta∣bles there is a great image of Antiquity: because the antient use of words is known, and certain kinds of actions declare the life and custome of our An∣cestors. If any look at Polity, you shall find it all in the twelve Tables, which describe all the interests and parts of the State: or if any one be taken with this glorious Philosophy,* 1.237 I will speak more boldly, these are the fountains of all his disputes contained in the Civil Law (Jure Civili) and Laws (Le∣gibus.) Though all be displeased, I will speak what I think: that little Book of the twelve Tables alone, in my opinion excelleth the Libraries of all the Philosophers (if one view the fountains and heads of Laws) both in weight of authority and copiousnesse of advantage. In another(f) 1.238 place he writeth, that when he was a boy, they were wont to learn the twelve Tables as some ne∣cessary Poem. Lastly, a collection of the fragments of these Tables out of approved Authors (such especially as conduce to the explication of the Insti∣tutions, and of antient Law with deep Antiquities) hath been made by I. Cris∣pinus, to which the Reader is referred.

* 1.2398. But (to return) the Decemviri at the usual time of the Comitia bid∣ding farewel to the customs of their Country, and the new Laws, neither re∣garding the approbation of Senate nor People, continued themselves in pow∣er for the year following, which was the third of the Decemvirate, the first of the 83 Olympiad, according to Dionysius, wherein Criso of Himera was Victor, Philiscus being Archon at Athens. They so ordered the matter shortly, as even all the considerable part of the Citizens, (Patritians and others) they either killed, or forced to quit the City. This pleased them well enough, but the Sabines and Aequi thinking it a fit time to attempt some great matter against Rome, invaded the territories thereof, and of the La∣tines. The Decemviri much troubled hereat, after a consultation how to make resistance several wayes, found themselves constrained to assemble the Senate, wherein Appius with a premeditated Oration propounded the mat∣ter of the War.* 1.240 L. Valerius Potitus, the son of him that besieged the Capi∣tol, and grandson of Poplicola, first arose, and though he was commanded by Appius to forbear, flew high against the tyranny of the present Usurpers. He being forced to silence, was seconded by Marcus Horatius Barbatus, great grandson of the Collegue of Poplicola, who having expressed great in∣dignation, the Decemviri incensed with his biting words, threatned to cast him down headlong from the Rock. All the Senators at this cried out as at a breach of their privilege, and made a tumult, whereat the Ten repented of what they had done, and excused themselves, saying, they deprived none of speaking to the matter in hand, but interrupted Seditious Orations, which they might do by their power of Consuls and Tribunes received from the People, not for a year onely, nor any limited time, but till the work of Laws were finished, untill which time they were resolved to act, and then give an account of their administration. Appius having delivered this in the name of all,* 1.241 asked the opinion of C. Claudius his Uncle.

9. Claudius beginning his Oration with the occasion of their meeting, fitly shewed what was the occasion of it. The War he demonstrated to be

begun by no other inducements than what the present distempers of the State afforded, which were bred by the arbitrary and tyrannical carriage of his Ne∣phew, and his nine Companions. He made out what these distempers were, and by virtue of his relation to Appius, took upon him, after a sharp re∣proof, by the nearnesse of their blood, their Ancestors, and the Decemvir's Father, with all that was dear and religious to them both, to conjure him, that putting a stop to his ambitious course (destructive to himself as well as the publick) he would resign his usurped power, and restore the Common∣wealth to it's former government and liberty. Appius answered him not a word, which so moved him, that with tears he signified he would depart to Rhegillum, the seat of his Forefathers, and there continue till that fell upon the Decemvirate, which he guessed would happen in a short time; for as much as he could not endure to behold his Nephew degenerate so much from the antient worth of their Family. As concerning the War, he advised the Fathers to resolve nothing, till the accustomed Magistrates were first crea∣ted. The graver and more eminent sort of Senators that spake after, were all of this opinion, which made the Ten resolve to ask none now according to their age, as the custome was, but M. Cornelius called upon his brother Lu∣cius to deliver his opinion. He attributed all that had been said against the Decemviri to envy, saying, it was because the speakers themselves could not compasse the Office, and laboured to shew, that it was most foolish counsel to resolve upon new elections, which would require time, and defer the War that threatned ruine and desolation. By pressing the danger very close, and urging what necessity there was of committing the War to the manage∣ment of the Decemviri, he drew almost all the younger sort to his party, there being many even in the Senate from whom fear wrested compliance. After all these, the Decemviri gave Valerius leave to speak, whom first of all they had interrupted. He professed he was of Claudius his judgement as to the whole, and answered all the reasons of Cornelius by one proposal; that a Dictator might be instantly named, shewing, that if they missed of this opportunity, they could not expect again to bee assembled by the Decem∣viri.

10. Few that delivered their opinions after him remained unconvinced, and many were changed from the sense they had before delivered. He required then of the Ten, that the matter might be further considered of, and all might have liberty to recall their votes, which caused a great contest betwixt him and Cornelius, who desiring that the Decemviri might have the command in the War, cried out, that the thing was already decided in a legal manner, and desired the parties might be counted. Much heat being shewed by both, the Fathers were also divided, which advantage the Ten took to do what they pleased. Appius then formally declaring for what cause they had been assem∣bled, told them they were divided according to the three several opinions of Claudius, Cornelius, and Valerius, every one having had liberty to speak his mind freely: and seeing that most had approved of what Cornelius had pro∣pounded, he declared his partie to have overcome. Then commanded he the Clerk to draw up a Senatus Consultum, whereby power of raising Forces, and commanding them, was given to the Decimviri; and therewith the Se∣nate was dismissed. They were by this kind of victory rendred more confi∣dent, and imperious, as having now in their own thoughts established them∣selves, by having an Army at their command, which Valerius had advised the Fathers earnestly to beware.* 1.242 Horatius and Valerius made provision for their own defence, by gathering together their Clients and dependents, and Claudius, as he had said, departed into the Country of the Sabines, whose example multitudes following, left their native seat, with their wives and chidren departing into voluntary exil. The Decemviri troubled hereat, en∣deavoured at first to hinder them by shutting the gates, but again fearing they might out of fury attempt some dangerous thing, they let them depart, but seized on such goods as they left behind, having accused them of defection. These things being added to the former miscariages, incensed much more

both Patritians and Plebeians against them. Yet had they proceeded no further in such like outrages, they might probably for a much more longer time have secured their power, through that influence which the mutual emulation of these orders afforded. For the Plebeians were glad to see the high spirits of the Patritians dejected, and the Senate void of all power: on the other side, the Nobility rejoyced that the Commons had lost their former liberty, having not the least help, because the Tribunitial power was taken away. But they neither using moderation in War, nor temperance at home, constrained all to unite for their destruction, which followed certain hainous offences committed against the Commons.

* 1.24311. They divided their Army into three parts, whereof one remained with Appius and Oppius in the Citie, the two other their Collegues led forth against the Sabines and Aequi. The later forced the Romans to forsake their Camp, and shamefully to fly, which caused great rejoycing in Rome amongst the Enemies of the Decemviri, so that Appius fearing some attempt, wrote to his Collegues in the Army, by one means or other to destroy their known adversaries, which was effected upon diverse. But at Rome, Siccius Den∣ratus, the Roman Achilles as he was named, amongst others spake much a∣gainst the Captains as Cowards and unskilfull, which Appius understanding, with good words perswaded him to go as Lieutenant or Legatus to the Army then lying at Crustumeria against the Sabines. He not suspecting what was designed, undertook the employment, for that the Office of Legatus was most sacred and honorable amongst the Romans, having the authority and power of a General, and the inviolablenesse and veneration of a Priest. When he came to the Camp he was sent out with 100 men upon service, who had order to kill him. He fought with them all, slew fifteen, and wounded twice as many,* 1.244 so that finding it too difficult a task to kill him by hand-stroaks, they threw Darts and Stones at him, and thereby at length, and at a di∣stance, performed what was injoyned them. Though the murderers ac∣cording to agreement gave out he fell by the Enemie's hand, yet the Soldiers fetching him off to give him honorable burial, by several circumstances plainly perceived the truth, and demanding Justice against the instruments, when that was put off, and they concealed, they easily understood who were the principal cause, and thought of nothing more than how to revolt.

12. The Army lying at Crustumeria and Fidenae being thus incensed against the Decemviri, another wicked act of Appius caused the other which lay incamped at Algidum against the Aequi, not onely to think of, but fully to effect a revolt. There was one L. Virginius a Plebeian, who had a daugh∣ter the most beautifull of all Roman women. The maid being but young and at School near the Forum, Appius as he passed that way fell in love with her in such a measure as by no means could he allay his brutish passion. Marry her he could not, being a Plebeian, neither could he hope to obtain her for his Concubine: there remained then no other way for him to enjoy her, than by procuring M. Claudius one of his Clients to challenge her as his Slave, so that the matter being brought before him to judgement, he might judge her so to be. Claudius laid his claim, by affirming she was the true and natural daughter of his Slave, and that the wife of Virginius, now dead, her self being barren, procured the Child, and brought it up for her own; which though he and others knew well enough, yet being young, he had not op∣portunity till now to right himself. The pretence was so impudent, as raised the indignation of all persons no otherwise concerned than as in the publick liberty. Numitor the maid's Uncle by her mother, and Icilius the son of Icilius one of the first Tribunes of the Commons, to whom she was already contracted, sufficiently evidenced the truth; but Appius being bent upon his lustfull design, would hear no reason, and had not a tumult hapned out of the indignation of the multitude, would have given her up in the hands of Claudius, till such time as her father could be sent for from the Army to defend her cause. Being hardly drawn to put off the matter till the next day, and not giving any more time, wrote to Algidum to hinder Vir∣ginius

from coming, bidding Antonius the Commander of that Legion to confine him, lest he should hear any thing of his daughter. But Numitor, and the brother of Icilius, prevented the Letters, and Virginius pretending the death of a near relation, getting leave to depart, through by-wayes returned to the Citie, fearing a pursute after the arrival of the Letters, which accordingly hapned, but he thus evaded it.

13. Virginius then was present in the morning to the great astonishment of Appius, when his daughter was commanded to be brought forth. He proved the maid to be his own daughter, and no supposititious brood; but Ap∣pius, a man of no great natural abilities, besides the brutish, corrupted by the greatnesse of his power, and inflamed with the excesse of his passion, neither considered the defence of Virginius, nor was moved by the bitter tears of the Virgin, being angry at the pity of the standers by, who appre∣hended the case of Father and Daughter no otherwise than as their own, as if he himself were more to be pitied, enduring more for her beauties sake than she herself. Interrupting those that spake in her behalf, and command∣ing them silence, he told them, that this was not the first time he had had knowledge of this matter, for that Claudius his father being a Client to their family had committed him yet a Boy, when he died, to his protection. In the time of his Guardianship he said it had been cleared to him how Numitoria had procured the Girl of Claudius his Slave,* 1.245 but he thought it more conve∣nient to let the matter rest till Claudius was grown up, either to take, or sell her as he should like best. Since he came into imployment he had not med∣led with his Clients affairs, but he himself it seemeth making an inventory of his goods, and having notice of this Slave, now challenged his right, and ac∣cordingly he both witnessed, and judged him to be the right Lord and owner of her. Great outcries and lamentation being made, as well by the by-stan∣ders as the Virgin's relations, Appius commanded all to depart, and gave or∣der to Claudius to take possession of his Slave. Virginius, seeing there was no way but to yield to the Tyrant's lust if his daughter lived, desired he might speak with her a little aside, as to take his last farewell, which being granted, he drew her, hanging upon him, and pitifully bewailing her condi∣tion, towards a Butchers stall, whose knife taking into his hands, he said, Daughter, I will send thee to our Ancestors, both free, and of honest repute; for the Tyrant will not suffer thee to be either here; and therewith he stabbed, and dispatch'd her.

14. With the bloudy knife in his hand he ran through the Citie, calling the People to their liberty, and coming to the Gate, rode Post to the Army; a company of 400 Plebeians following after. In the same posture he came to the Camp at Algidum, holding the knife, which together with his cloaths was all bloudy. Calling the Soldiers together, he took occasion from his own misfortune to let them see in what condition their liberty stood, and with urgent reasons perswaded them to revolt from the ten, and redeem their Countrey. They being conscientious, as to their Sacramentum, or Military Oath, whereby they had sworn not to forsake their Leaders, but fol∣low them whithersoever, he told them they were discharged from any Obligation, because the Law for the Oath supposed the Captains should be created according to the Laws, which the ten were not, having u∣surped the power ever since the last time for the Comitia. Being satis∣fied herewith, the Army departed, some few Centurious onely re∣maining, and took up its station in the Aventine Mount, and the next day fortifying the Camp chose ten Captains, whereof M. Oppius was the Chief. Presently there came a great party from Fidenae, and joyned with them, being offended with the murther of Siccius, and they chusing also ten men out of their body, to the twenty the whole matter now con∣tended for was referred. Appius in the mean while having gone by force to suppresse the tumult he had raised in the Citie, was overpowered by the faction of Valerius and Horatius formerly mentioned, and now per∣ceiving that most of the odium lay upon himself as the principal cause, he

kept himself in his house. Sp. Oppius therefore assembled the Fathers, at which time came the Captains from Fidenae, requiring that the revolters might be punished. L. Cornelius accordingly moved that they should all be remanded back to their charges, which if they obeyed, the Ring-leaders one∣ly were to be punished, but if they refused, the Senate then should consider how all those might be dealt with, who had betrayed their trust. But the Fa∣thers were too sensible of present grievances, to hear the motion of such cor∣rupt interest,* 1.246 and were prevailed with by Valerius and Horatius, to make Peace with the Army (which by this time was departed to the Holy Mount) on condition that the same form of Government should return, as was in be∣ing before the creation of the Decemviri.

15. Valerius Potitus, and M. Horatius Barbatus, both inheritors of popu∣larity,* 1.247 were created Consuls in the Centuriate Comitus, who (according to their promise to the Commons when they procured them to lay down Arms, that they would by all means possible procure their benefit) preferred divers Laws to the regret of the Patritians. One was, that such Laws as the Commons enacted should passe in the Comitia of the Curiae, wherein they were more prevalent than the Partitians, as those in the Centuriate, by reason of their influence upon the Equites, and the richer sort of Plebeians, were ever too strong for the multitude, by reason of the distribution of the several Classes into Centuries formerly shewn. After this the Tribunes, whereof Virginius was one, thought fit to call the Decemviri to an account. Virginius being appointed the accuser of Appius, insisted most, saith Livie, upon that Law, which commanded the defendant to have liberty till such time as his or her slavery was proved, which Appius had gone about to violate in his daughter's case. Before the trial, being committed to prison, for that no bail would be taken, he was there found dead, as some thought secretly made away by the Tribunes, but as they and others gave out, having hanged himself. After him Sp. Oppius, as next to him in guilt, was accused, and being condemned, died the same day in prison by his own hands, saith Livie. The other eight banish∣ed themselves, and Claudius the pretended Master of Virginius was driven out after them: with which justice the State was satisfied, and indemnity given to all others. Things thus seeming to be setled, the Consuls took the field against the Aequi, Volsci, and Sabines, against whom their successe was such, as deserved a Triumph, but the Senate gave them a repulse, being grie∣ved at the Laws they had made in behalf of the Commons. Claudius also the Uncle of Appius accused them of the murther of his Nephew, and other vi∣olent courses taken against the Decemviri, and their party, whereas all ought to have been (according to agreement) buried in oblivion. The Consuls appealed to the People, and complaining much of the Senate, procured by the help of the Tribunes a Law to passe for their receiving the privilege of Tri∣umph from the People.

16. The Commons by all the privileges already obtained, were but more inflamed with a desire of greater, each morsel out of the prerogative of the Patritians, adding unto their appetite. After three years they required to be made partakers of the Consulship, which hitherto the other had enjoy∣ed,* 1.248 being elected in the Centuriate Comitia, wherein they themselves had the power. The Tribunes provided a bill for making the People free, and at their own choice, whether they would create Patritians or Plebeians at every ele∣ction, which thing the Senators bearing most hainously, as seeing their privi∣leges utterly ruined thereby, thought all things to be endured, rather than the Law should passe. The Allies of Rome now sent for aid against the Aequi, and Sabines, who invaded them, and news was brought that the Veientes and Ardeates would revolt; but the Tribunes those Popular Tyrants hindred all Levies,* 1.249 suffering none, that refused to be listed, to receive punishment; nei∣ther could the Senate prevail with them, to defer the matter till the Warre should be ended. The Consuls in so difficult a time held a private conference of certain Senators, whereof Claudius, according to the genius of his An∣cestors, was all for resistance, urging that nothing was in this matter to be

yielded to the Commons, who went about to change the constitution of the State, and thereby were enemies to it. But T. Quintius shewed what in∣convenience force and civil War might bring, and the rather, for that their Ancestors had made the Tribunes inviolable, by a curse laid upon themselves and posterity, in case their persons were hurt, or the conditions then sworn to in their behalf should be broken. When the rest were all of his opinion, Claudius proposed an expedient as seasonable in so great necessity. He ad∣vised by no means to suffer the Consulship to come into the hands of Plebei∣ans but to create certain Governours in the room of Consuls, six, or eight, whereof an equal number at least should be Patritians; for hereby they should seem not to take too much power to themselves, and yet not give up the other Office, wherein lay the secret of their prerogative, to be managed by base and unworthy men. When this project marvailously pleased all, that nothing might seem to be designed beforehand, he advised the Consuls not to ask them the graver men their opinions first, as the custom was, when the Se∣nate should meet,* 1.250 but the younger and most popular: and hee appointed T. Genutius the Consul's brother to propound this way of reconciliation as his private sence.

17. When the Senate was assembled, Canuleius the Tribune, who chiefly prosecuted the matter in hand, without pressing it, inveighed against the Consuls, as holding secret meetings, and hatching clandestine designes a∣gainst the State: and those Senators who had not been called took the thing in some disdain. But the Consuls protesting their innocence by an oath, said they would also by deeds declare it, and therewith gave any of the younger sort leave to speak, and when none rose up asked Valerius first of all his opi∣nion. He advised the Fathers to favour the Commons, who had deserved so well both in acquiring dominion, and in getting and preserving liberty, and urged that the City could not be free if there were not an equality of right; yet for that the War was now urgent, he desired the thing might at present be forborn till that was finished, upon promise that then the Law should be propounded. Horatius being asked next, and others, seconded him; and at length Claudius being desired to speak, that he might conceal the design, according to his own custom, and that of his Family, flew out into invectives against the Commons, and advised that the Law might never passe, neither then nor ever after. A greater tumult following, T. Genutius was asked his opinion, and as of himself propounded the expedient, that six Governours might be chosen, three out of each order, who having Consular power, when the time of their Magistracy should be expired, then the Senate and Peo∣ple meeting together, might resolve whether they would have the same Office or that of Consuls for the following year; and what was concluded by most voices, should prevail at the end of every year. This was gladly embraced, both by Senators and Tribunes, and leave given to any Plebeians to stand for the new Office.* 1.251 But so fickle a thing is desire without reason, and so easily changing into the other extreme, especially of the multitude, that those who so earnestly before sought that the chiefest Magistracy might be communica∣ted to their body, threatning else to leave the City as formerly, and take arms, when they had their desire, were glutted with it, and changed into the other extreme. For many Plebeians standing for the Office, and using their utmost endeavours to be preferred, they thought none of them worthy of that honour, but bestowed it upon eminent Patritians onely, who appear∣ed as Candidates.

* 1.25218. This third change of the Government at Rome, hapned in the third year of the 84 Olympiad, as Dionysius computeth, Diphilus being then Ar∣chon at Athens; but as others, in the first year of that Olympiad, which fell in with the 310 year of the City, and the 21 of Artaxerxes Longimanus,* 1.253 M. Genutius and C. Quintius according to him, but L. Papyrius and L. Sem∣pronius according to them, being Consuls. These new Magistrates called Tribuni Militum, were A. Sempronius Atratinus, L. Atilius Longus, and T. Claelius (or Caecilius, as Livie hath it) Siculus. Thus at first they

were but three in number, afterward it arose to six, and at length to eight. Pomponius the Lawyer writeth, that sometimes there were twenty,* 1.254 and som∣times more, which seemeth incredible, no other Author agreeing with him herein, so that Budaeus with reason thinketh the place to be corrupted from Seni to Viceni. This number of Collegues, together with the mixture of Plebeians who afterwards pressed in, procured, that although they had both the power and ensignes of Consuls, yet their privilege and dignity seemed unlike, whence a Tribune in way of contempt called them a Proconsular image, and P. Manlius the Dictator, shewing that a Master of horse-men was inferior to a Consul, compareth his power to that of theirs. Having been for some years created, and for others laid aside, at length in the 388 year of the City, they were quite cast off, at what time Q. Sextius a Plebeian was admitted to the Consulship. But these first Tribunes having held their Office 73 dayes,* 1.255 then were constrained to lay it down, for that the Augurs found some flaw in their election, and the Government returned into it's former course, the Senate naming T. Quintius Barbarus, who in the Comitia created L. Papyrius Mugillanus, and L. Sempronius Atratinus, although it be doubtful, to say truth, whether there were Tributes onely, or Tribunes and Consuls both for this year.

* 1.25619. But to be sure, for the year following the People having it in their power whether to elect Tribunes or Consuls, resolved upon the later, and created in December, the Moon being then full, M. Geganius Macerinus the second time, and T. Quintius Capitolinus the fifth. This year were the Censors made, Officers who being but contemptible at the beginning, rose to great dignity and power. Their original and power might have been more clearly discovered,* 1.257 but that Dionysius his History is here in the beginning of this story broken off, the remaining part being lost, to the great dammage of the studious in Antiquity. For not to speak of his smooth style, and the Attick purity thereof, he hath therein delivered the Antiquities of Rome from the first Original, with such diligence, that he seemeth in this respect to have excelled all Writers, both Greek and Roman. For what Latin Authors have neglected, as vulgarly known amongst themselves, as Sacrifices, Games, Triumphs, Ensigns of Magistrates, the universal discipline of the Roman Commonwealth, the Census, Auspicia, Comitia, that difficult distribution of the whole People into Curiae, Classes, Centuries, and Tribes: further, the authority of the Senate, and Commons, with the Power of Magistrates, he of all others hath delivered most accurately. That these things may be better understood,* 1.258 he compareth them with the customs of Greece, as where he speaketh of Clients, he occasionally maketh mention of this relation a∣mongst the Athenians and Thessalians, as Caesar also writeth it to have been ordinary amongst the Galls. He compareth the Roman Dictator with the Harmostes of the Lacedaemonians, the Archons of the Thessalians, and the Aesymnetes of the Mitylenaeans. The Laws of Romulus, Numa, and Ser∣vius, had perished but for him, as also the knowledge of the Original of Rome in a great measure: and so choice are all his Collections, that they tend, as to the instruction of the Reader in the depth of State mysteries, so also to his acquiring or retaining a religious awe of Providence. Such is his History (saith* 1.259 one well able to judge) that if it had been kept intire (for it consisteth of twenty Books, as Photius informeth us) there would have been no cause of bewailing the losse of Varro's treasures, with whom he was very familiar, as well as Pompey the Great and Tubero; and from whom he seem∣eth to have derived his choicest Antiquities. These things render a sufficient account, why he is made use of in the History of Roman matters, rather than any other.

20. Servius Tullius the sixt King of Rome first instituted the Census, as was shewn before, and did the work himself, without any peculiar Officer, as also did the Consuls untill this time. But now in the 66th year from the banishment of Tarquinius, and the 311 of the City, there having been no Census for seventeen years, for that the Consuls were necessarily diverted

from that work by more urgent businesse, the Senate procured out of their own order two peculiar Officers to be created, who were called Censores, be∣cause according to their Censio or estimation the People was cessed, saith Var∣ro, or because every one accounted himself worth so much, quanti illi censu∣issent; as they judged, or estimated, according to Festus.

21. At the beginning they were created for five years, because according to Servius his constitution the People were to be cessed at ever Lustrum,* 1.260 which conteined so many. But their dignity and power so increasing, that they seemed of too long a continuance, nine years after, in the 320 of the City, by a Law which Mamercus Aemilius the Dictator preferred,* 1.261 the duration of their Office was confined within the term of one year and an half. Though their Office at first was onely to take an estimate of mens Estates, and de∣scribing all publick and private fiches, to distribute the People according to their wealth into Classes and Centuries;* 1.262 yet within a while they came to have inspection into manners also. For they upon misdemeanour put out of the Senate, took away publick horses, and cast out of the Tribes. The former kind of punishment was inflicted upon Senators, the second upon Equites, and the last upon meer Plebeians. Their removing Se∣naters, was by passing them by at the new election. For,* 1.263 such Senators saith Festus, as were passed by in former times, were lyable to no disgrace, because as the Kings chose and substituted whom they pleased, so after them the Consuls and Tribunes Military, such as they had greatest interest in; first Patritians, and then after Plebeians, till by the Tribunitial Law of Ovinius, it was ordained, that the Censors out of every order or rank, should (curia∣tim) elect the most worthy into the Senate, whence it came to passe, that such as were passed by or removed, were noted with ignominie. This note out of Festus hinteth to us the antient power of the Roman Kings in making Senators, one of the greatest supporters of the Throne of their Empire.

22. As for the disgrace which they put upon Equites;* 1.264 It was the custome for every Eques at the publick Census to appear before the Censors with their Horses in their hands. If they approved of them, they bade them passe by and lead away the Horse; if they determined otherwise, they took away the Horse, and commanded him to be sold. The third note of disgrace con∣cerned the Plebeians, whom they either removed from their own Tribe into another lesse honourable, according to Livie, or made them Aerarii, and registred them in the tables of the Caerites, whereby rhey were deprived of their Centurie, and remained Citizens onely in this respect, ut pro capitibus suis tributi nomine aera solverent, as writeth Asconius Pedianus upon the Oration of Cicero against Q. Caecilius, called Divinatio, which disputeth who ought to be admitted the Accuser of Verres.* 1.265 Gellius telleth us what was meant by the tabulae Caeritum. The Caerites (inhabitants of Caere in Tuscany, once called Agylla) we understand to have been first of all made Municipals, without any right of suffrage: and it was granted them that they might re∣ceive the honour of being free of Rome, without any trouble or burthen, for that they received the Sacra (or idols) of the Romans, and preserved them in the Gallick War; that is, when Rome was taken by the Galls, as Livie hath the story also in this fourth Book. Hence were those called Tabulae Caeritum, vice versa, wherein the Censors caused such to be registred as they depri∣ved of the right of Suffrage. Although these several sorts of punishment respected the several rancks of men,* 1.266 yet sometimes those of higher degree tasted of all or most of them, so that Senators might not onely be passed by, and Equites deprived of their Horses, but lose their Tribes also, and be re∣duced to the condition of Aerarii.

23. This Office being committed to the prudent management of able persons,* 1.267 became effectual to the repression of such vice, as fell not under the particular cognisance of penal Laws. Private faults, and domestick misca∣riages were by them noted, with such actions sometimes as now would not simply incur the censure of precise illegallity or indecency. Some of their

questions upon oath were such as these:(a) 1.268 Hast thou a wife according to thy mind? to which one once making a jesting answer, was made an Aera∣rius. A certain man yawning before the Censors had been punished in that sort, but that he swore he did it unwillingly, being troubled with that disease which the Romans called Oscedo. P. Scipio Nasica and M. Pompilius be∣ing Censors, and finding a certain Knight very fat and compt, whose horse was exceeding lean and ill favoured, they asked him the reason of that dif∣ference, to which he answered: Because he looked to himself, but Statius to his horse; for which irreverent answer he was registred amongst the Aerarii according to the custom. Now Statius was a servile name, given by the an∣tients to most Slaves, whence Caecilius the famous Writer of Tragedies was called Statius, though it was afterwards as it were turned into a sirname, and he called Caecilius Statius. They were wont also to take away horses from very big and corpulent men, as unfit for service, but(b) 1.269 Gellius ob∣serveth, that this was no punishment, as some thought, but a taking away of the employment without ignominy. This Census was managed in the Cam∣pus Martius, and it being compleated, the Lustrum was made, with prayers for the publick safety, and a sacrifice of the Suovetaurilia formerly men∣tioned. Besides these imployments, the Censors(c) 1.270 let to farm the customes, and sent(d) 1.271 out their constitutions throughout the Provinces, called Leges Censoriae. They erected(e) 1.272 publick buildings, made other publick works, and took care for their repair, as also of the high-wayes, in, and about the Citie more early; and in other places afterward: they also provided for the expence of publick sacrifices. But not onely were there Censors at Rome (as the Graecians also used the Census) but the Colonies also had their Subcensors, who gave account to the other, what numbers of men, and what wealth they found in the several places, which upon information was registred in the publick Tables.

24. The power of the Censorship remained untouched (although the power of the Censors was weakned by restraining their time to a year and an half, though they were named every fifth year) untill the Tribuneship of P. Clodi••s, who by a Law which he preferred(a) 1.273 forbad any Senator to be passed by, or any of the other Ranks to be noted with ignominy, except lawfully accused, and condemned by sentence of both the Censors. He took an advantage (as it seemeth from(b) 1.274 Pedianus) at the hatred which had possessed the multi∣tude against the severity of the Office, which procured it to be intermitted for certain years. But afterwards (whether by reason of the corruption that was crept amongst Judges, or for other reasons) Metellu•• Scipio the Consul procured Clodius his Law to be abrogated, and so the antient Vigour of this office returned.* 1.275 Lipsius writeth, that under the Emperours it was diminished, and lay for dead till the time of Decius. But C. Caesar the Dictator, that he might better execute the Census, went to every ones house; and because the principal part of the Office consisted in forming of manners,* 1.276 he called him∣self Magister Morum, not Censor. Then the form of the State being changed after the victory of Actium, Augustus having the care of manners committed to him by the Senate, looked to nothing more diligently than the Census, for thrice he performed it, not onely in reference to Roman Citi∣zens, but all Subjects of the Empire, with such care and diligence as none ever before him. Under Tiberius and Caligula the Census was not observed,* 1.277 but under Claudius the 74th Lustrum was celebrated. Being intermitted during the reign of Nero, Vespasian renewed it, and celebrated the 75 Census. Domitian named himself amongst his other titles Perpetual Censor,* 1.278 but made no Lustrum, so that for 160 years the Census was intermitted till Decius the Emp. created Valerian Censor with unlimited power.* 1.279 After this the Censorship was utterly omitted to the great detriment of the Roman Empire, which being at length broken into Eastern and Western,* 1.280 the Emperours of the former (Greekish Emperours) made use of it, as others also of later times, and it appeareth that in the intermission thereof, in the dayes of Tra∣jan, particular Provinces and Towns had their Censors, who made choice of

their Senators. Lastly, the Censors during the popular Gouernment were of Consular dignity, ever after the second Punick War, though it was other∣wise sometimes before. The same persons were never created twice. And in case one of them died in his Office, his Collegue continued not therein, neither was any put into the place of the dead, because in that year wherein Rome was taken by the Galls it had so hapned;* 1.281 whereupon it was counted ominous, and a Law made against it for the time to come. Their dignity was exceeding great, they being therein though not in power above the Consuls, and having all other Ensigns the same with them except Li∣ctors.

25. The Fathers rejoyced they had got these Officers Created out of their own body, and the Tribunes counting that power inconsiderable,* 1.282 which at first was pretended to, gave way unto it. But the Commons egged on by the continual complaints of the later, proceeded in their grudge against the Patritians, taking it in ill part that marriage was forbidden betwixt the two orders, and breathing after no lesse than equal power in the State. This ani∣mated Sp. Maelius,* 1.283 a rich Knight, by his large bounty towards the poorer sort in time of a great dearth, to hunt after popularity, and through it to aspire to the Soverainty. He was hereof accused by L. Minucius, to whom the care of provisions was committed, and the Senate afrighted with the strangenesse of the matter, by the advice of T. Quinctius the Consul, com∣manded a Dictator to be named. Quinctius Cincinnatus now 80 years old was the man, who chose C. Servilius Ahala for his Master of hors-men. The Dictator summoning Maelius to appear, when he would not obey, Ahala killed him in the Forum, and was justified for so doing by Quintius, who commanded his goods to be sold, and his house razed. It should seem from Livy that Ahala escaped without punishment: But Cicero and Valerius on the contrary affirm, that he was banished by the incensed multitude. This hapned in the 315^th year of the Citie after Varro's account. Valerius and Livy say, that the Area of his house for a memorial of his punishment had the name of Aequi-Melium.

26. The Tribunes inraged about the death of Maelius, procured for the year following Tribunes Military with Consular power to be created now six years after their Institution,* 1.284 hoping that into the number of six some Ple∣beian might creep, which thing would give them an opportunity to revenge the death of Melius: But three onely were created, and their expectation unanswered thereby. This year Fidenae, a Roman Colony, gave up it self to Tolumnius King of the Veientes, and by his Instigation murdered the Ambas∣sadors sent thither. For this war Mamercus Aemilius was named Dictator, who overcame the Enemies in battel, wherein Cornelius Cossus a Tribune in the Army, slew, and spoiled Tolumnius, thereby obtaining Opima Spolia. Varro thought they were called Opima ab opibus for their riches;* 1.285 but Plu∣tarch thinketh rather ab opere, because the consecration of them was granted to a Captain, who with his own hand slew the General of the Enemy. They were consecrated to Jupiter Feretrius, so called, because the Trophy was car∣ried in a Feretrum, or certain little carriage, as some thought, at that time there being many Greek words in use with the Latines, or a Feriendo, from Jupiter his smiting with Thunder-bolts, or else from the blows given in battel. This honour of carrying in Triumph the Opima Spolia hath onely thrice hapned to Roman Captains saith Plutarch untill our time. First to Ro∣mulus, who slew Acron King of Caenina; secondly to Cornelius Cossus, who killed Tolumnius, (the Etruscan in one place he calleth him, and the Tyrrhe∣nian in another) and thirdly to M. Marcellus, who so killed, and spoiled Britomartus (in one place, but Virdumarus in another) King of the Galls. A controversie there was of old, whether any but a General from a General could take Opima Spolia, which maketh Livy Apologize for what he writeth in honour of Cossus; but Varro wrote, as* 1.286 Festus witnesseth, that a Mani∣pular Soldier might rightly be said to take them, so it were from a General of the Enemy.

* 1.28727. Two years after this, Fidena was taken by another Dictator, A. Ser∣vilius, through the working of a Mine. But when the Consuls had kept the power four years, they were forced again to give way to the Tribunes Mili∣tary, for the Creation whereof, though the Tribuni Plebis prevailed, yet the Chief of the Commons missing all this while of being joyned with the No∣bility in the honour, were much offended. At the end of two years the Se∣nate took occasion from the War wherewith the Aequi and Volsci threatned Rome,* 1.288 to bring in Consuls, which also gave way to a Dictator, A. Posthu∣mius Tubero, against their wills, through the power of the Tribunes. He fi∣nishing the War succesfully, laid down his Office. And in this year wherein T. Quintius Cincinnatus the son of Lucius, and Cn. Julius Menio were Con∣suls, Livy by a grosse mistake would have the Carthaginians to have passed over into Sicily the first time, by an occasion of the disagreement of the Islan∣ders amongst themselves. After five years the Commons prevailed to have Tribunes Military created the fifth time,* 1.289 four in number, who shewed how unprofitable the equal command of many in an Army is, and gave occasion to the making of a new Dictator. For, Fidena having now again revolted, and joyned with the Veientes, three of those Tribunes were sent against it and them, and the fourth left to Govern the Citie. When they came to ingage with the Enemy,* 1.290 One cried fight, but another said Stay, and each one be∣ing of a several mind, matters were at length brought to that passe, that the Roman Army fled. The Citie was struck with great amazement at the report, and was in an uproar, which caused Mamercus Aemilius the third time to be named Dictator, though the Censors had removed him from his Tribe, for that in his second Office (to which he was called, because of the stirs made by the Hetruscans upon the taking of Fidena) he confined their Office to the term of one year and an half. Aemilius being named Dictator, appointed for his Master of hors-men A. Cornelius Cossus, who obtained the Opima Spo∣lia of Tolumnius King of the Veientes.

28. By the prudence & valour of these two Fidena was retaken, and sacked after the Hetruscans were overthrown; and the Dictator returning to Rome in Triumph, laid down his Office when he had held it 17 dayes. For three years the Tribunes Military continued, at the end whereof the Senate took occasion at the War which threatned from the Volsci,* 1.291 and at their absence, to bring in the Consuls again, notwithstanding the Tribunes of the Commons opposed it. But C. Sempronius, one of the Consuls, managing this War very carelesly,* 1.292 the Tribunes thence took advantage, and the Tribunes Military again resumed the Chief power. This was for one year, at the end whereof the Senate again procured Consuls to be made.* 1.293 When this year was ex∣pired, there was so great contention about two Quaestors, which the Com∣mons would have created out of their body, that the State fell into an inter∣regnum. L. Papirius Mugillanus being Interrex for a Composure pro∣cured the Tribunes Military to be again admitted,* 1.294 and four Quaestors for the following year to be created, either out of Patritians or Plebeians, as the People should think fit in their Comitia; but this satisfied not the Tribunes, nor the better sort of Plebeians, not one of this order being preferred (though some stood) either as Tribune Military or Quaestor. In the second year af∣ter this, the Slaves conspired to set fire on the Citie, and seize upon the Ca∣pitol;* 1.295 but the plot was timely discovered. The Tribunes Military held the Government for seven years, and then another Interregnum because of the Contention following, Fabius Vibulanus the Inter ex brought in Consuls again.

* 1.29629. The Tribuni Plebis according to their custom made a bad constru∣ction hereof, and having now and then mentioned the division of publick grounds, pressed it earnestly with an extent now to all that at any time had been gotten by War. The Patritians no lesse vigorously opposed it, and the Tribunes hindred the Levies of Soldiers, so that with much ado, and upon extream necessity onely could the Consuls procure any to oppose the Aequi and Volsci, who now made incursions. In the fifth year the Com∣mons

being crossed in their intentions by the Senate, of resuming the Tribunes Military, created three of the Quaestors of their own rank, and the chief amongst them designing to be created Tribune Military for the next year,* 1.297 sti••kled hard for that kind of government. The Senate at length was constrained to yield; else no opposition could be made against the former Enemies, who now again made inrodes into the Roman Territories, and by confederacies exceedingly strengthned themselves. For this cause also, though much against the mind of the Tribunes, a Dictator was named, who overthrowing the Enemy in one battel, wasted his Country and returned. In the third year after this, the two orders were something reconciled, by the plunder of a Town taken from the Volsci, and especially by a Decree of the Senate for the publick pay of the Armies (with brasse money) before which time every one bore his own charges in the War. But such was the contenti∣ous disposition of the Tribunes, those grand incendiaries, that they drew this into odium, as grievous to such who had formerly maintained themseves in the Wars, and now were to pay others. They effected, that for a time the pay was denied,* 1.298 and after three years they procured one Plebeian (P. Licinius Calvus) to be chosen amongst the Tribunes Military, wherein they mighti∣ly applauded themselves, and readily permitted the pay of the Army to be gathered. Licinius caried himself so well in the Office, that for the year following all the Tribunes Military save one, were Plebeians.

30. For these several years the War abroad was carried on with the Hetrus∣cans, with various successe, and Veii the principal of their Cities was be∣sieged, no lesse in compasse than Athens, and exceeding wealthy, being within twenty miles of Rome. It's Inhabitants, called Veientes, had in be∣half of the Fidenates, waged War with Romulus, afterwards being con∣quered, had seven times rebelled, and ever perfidious in time of Peace, al∣waies wasted the Roman Territories. They compelled the Fidenates also to rebel, perswaded them to kill the Ambassadors, and the Romans thither sent to inhabit, for, they vied with the Romans themselves for power and riches. They had moreover injured the Roman Ambassadors, and not once procured Hetruria to rise against the State; wherefore the People offended with so many injuries, resolved utterly to destroy Veii. Whereas the Soldiers untill this time, were wont in Summer onely to be abroad in War, and winter at home in the City, now were they constrained both Winter and Summer to continue the Siege. The seventh year thereof drawing towards an end, the Tribunes Military were blamed of remisnesse, so that for the following year new ones were created in their rooms.* 1.299 Amongst them was Furius Ca∣millus, who having got much credit in the battel fought with the Aequi and Volsci under Posthumius Tubertus the Dictator, was honoured other wayes, as by being created Censor; in which Office he caused the Bachellors to mary the Widdovvs of such as had lost their lives for their Country, and first of all others obliged Orphans to pay Tribute, for that the depending Wars, espe∣cially the Siege of Veii, vvere very chargable to the State. Being novv Tri∣bune Military the second time, he did nothing against Veii,* 1.300 it having fallen to his lot to represse the Falerienses and Capenates, vvho disturbed the Romans in their enterprize.* 1.301 At length in the tenth year of the Siege, they created him Dictator, as the most fit person they had to finish it.

31. Camillus appointed Cornelius Scipio to be his Master of Horse-men, and first overthrowing in a great battel the Falisci and Capenates, went a∣gainst Veii. Finding it full of difficulty to take a place of such strength by storm,* 1.302 he wrought a mine up into it, through which his Soldiers issuing, he easily surprized it. Being elevated by so great an atchievement, whereby he had thus subdued the corrival of Rome, in the tenth year of the Siege, he tri∣umphed in a Chariot drawn by four white Horses, which his Country-men thinking proper onely to the King and Father of their gods, were much of∣fended at it: and indeed no man neither before nor after him (saith Plu∣tarch) assumed to himself so much honour. Being offended with this cari∣age, they found themselves as much concerned in another matter. The Tri∣bunes

of the Commons proposed a Law for dividing asunder the Senate and People, whereof the one should stay at Rome, and the other remove to Veii; this parting as they thought, being a ready means for the enrichment of both, by the possession of two such considerable Cities. The Plebeians now many and rich vehemently pressed it, and the Patricians judging it would prove the overthrow of the State, as earnestly opposed the Law, betaking themselves to Camillus,* 1.303 who put it off by diverting the multitude into other courses. Ha∣ving contracted an alienation of mind from them upon these accounts, ano∣ther thing cast him into an absolute hatred, and that if not upon a just, yet a plausible pretence. He had made a vow, that if he took Veii, he would de∣dicate the tenth part of the plunder to Apollo, but when the City was taken, either because he was unwilling to displease the Soldiery, or forgot it, the thing was omitted. After he had laid down the Office of Dictator, he moved the People in it, and the Priests reported that the sacrifices portended the anger of their gods, which must be appeased by gifts; so that the Soldiers who had already spent what they had got upon their necessary uses, were forced upon oath to restore the tenth part, wherewith a present was made to Apollo. Be∣cause there was litle Gold in the City, the women contributed their orna∣ments, in way of requital whereof the Senate decreed, that at their burial they should also be commended by funeral Orations, which before this had not been in use.

32. The Tribunes again moving for a separation, the War with the Falisci opportunely fell out to divert the multitude, for which Camillus was chosen Tribune Military with five others. He besieging the Falerii, who inhabit∣ed a strongly fortified City, the School-master thereof drew out his boyes into his Camp, and offered to give them up into his hands, which treachery he so far detested, as to cause the Paedagogue to be stripped, and put rods in∣to the hands of his boyes, wherewith they drove him back into the Town. Herewith the Falerii were so affected as they yielded, and the Senate re∣ferring them for conditions to Camillus, he onely fined them a sum of mony, and received them with all the Falisci into friendship. But the Soldiers who hoped to have inriched themselves with the plunder of this place, inveighed grievously against him, and now the Tribunes pressing again the Law for separation, he used such freedom in opposing it, that they out of revenge accused him of having pilfred the plunder in the Hetruscan War, whereof some brazen dores had been, as they said, seen in his house, The multitude now upon several accounts exasperated against him, resolved to shew their spleen. So that not having any way to evade their displeasure, he went into exile,* 1.304 lifting up his hands towards the Capitol, and praying, that if he was unjustly and meerly by the lust and malice of the multitude banished, they might sodainly repent it, and that it might appear to all men, how much the Romans stood in need of and desired his presence. Being gone, he was fined 15000 Aera, which sum in Silver made up 1500 Denarii. For Ae^s or brasse was then used for money, and Denarius thence had the name, for that it contained ten Asses thereof. But within a while it fell out, that Camillus was both missed any desired, according to his wish.

33. Many thousands of the Galls called Celtae, finding their own Country too narrow for them, with their wives and children left it, to seek out new seats. Some of them passing over the Sea, pierced as far as the Riphaean mountains, and placed themselves in the utmost limits of Europe, others took up their habitation betwixt the Pyrenaans and the Alps, near the Se∣nones and Celtorii. These a long time after having tasted of some Italian wine, were furiously transported with a desire of inhabiting so rare a Soil, as brought forth such fruit, and passing over the Alps, got into their power all that Country once belonging to the Etruscans, and which reached from the Alps to both the Seas: for, that the Etruscans once inhabited all this Coun∣try, Plutarch proveth thence, that the Northern Sea was named Adriatick, from Adria, one of their Towns, and the Southern, Tyrrhenian, from the Tyrrheni the same with Hetrusci. At this time the posterity of those Galli

Senones under the conduct of their King Brennus, besieged Clusium a City of Hetruria,* 1.305 whose inhabitants sent to Rome, desiring of that State to in∣terpose, by sending Ambassadors and Letters to their unjust oppressors. The Senate performing this neighbourly part, the Galls required part of the Ter∣ritories of the Clusini, who were, as they said, unable to manage them all, and Brennus not condescending to any other conditions, the Ambassadors (all three of the Fabian family) in great anger went into Clusium, and caused the Inhabitants to make a sally out against the besiegers. It hapned, that in the fight Fabius Ambustus one of the three killing a Gall, whilst he disarmed him, was discovered; whereupon Brennus conceiving just indignation, broke up his Siege, and marched towards Rome.

34. Yet because he would not seem to proceed unjusty, he sent thither, requiring that the Ambassadors might be given up to him, as having broke the Law of Nations. But favour so far prevailed above equity, that the matter being referred from the Senate to the People, no satisfaction could be had from either:* 1.306 nay the Ambassadors on the contrary, were with three others created Tribunes Military, for carying on the Warre. Brennus then continuing his march, and breathing revenge, was met by the Tribunes at the River Alia, eleven miles from the City, who scarce striking one stroak, quickly betook them to their heels, and their Army after them. The Galls persued them, being amazed at the flight and cowardize of those who had al∣ready obtained for their valour a great name in the World; but were astonish∣ed when they found the gates of Rome open, and none upon the walls to make resistance; for it had been resolved to quit the City and secure the Ca∣stel. The greater part of the People departed into the adjoyning Country; the rest possessed themselves of the Capitol, all but certain old men of Sena∣torian degree, who in their robes placed themselves in the Forum, resolving to take such quarter, as the disposition of the Enemy would afford them. Brennus at first fearing some stratagem,* 1.307 after he perceived all to be clear, entred the City. His Soldiers were amazed, to see the grave Senators sit∣ting without fear in the Forum, and hurt them not, till one handling the long beard of M. Papirius, the old man struck him with his staff upon the head, whereupon the Gall slew him, and then all the rest were killed, with all of both Sexes and all ages that were found about the City, which was also now burnt to the ground, and the Capitol closely besieged.

35. While the Galls lay before the Capitol,* 1.308 they carelesly demeaned themselves, as secure of any Enemy, and were scattered into the Country adjoyning. Camillus at this time living in exile at Ardea, procured the In∣habitants of that City to issue out upon them, and killed many; which the Romans, who lay at Veii, understanding, chose him for their General, desiring him to forget injuries, and succour his distressed Country. He objected his condition of banishment, and refused to act, except by commission from those in the Capitol, whom he considered to be the body of the Roman State yet surviving. There was one Pontius Cominius, who undertook to pro∣cure him leave from their friends in the Capitol, whither by a strange adven∣ture he got,* 1.309 passing by the Enemy, and swimming the River till he came to the Rock, which then he made a shift to climbe, and having procured the Senate to pronounce Camillus Dictator, returned in the same manner. By this time as well the besiegers as besieged were well wearied, both parties for want of provisions, and the Galls by reason of a Plague which raged amongst them; so as (having once attempted to surprize the Castel, by climbing up the Rock, they were discovered by the crying of the Geese, consecrated to Juno, and repelled by the valour of one Manlius especially) they agreed for fifty pounds of Gold to rise and depart. Yet so covetous were they, that they took out the Gold as it was weighing, and added to the weight, which being complained of, Brennus cast in his Sword also, crying Vae victis, which afterwards became a proverb. But in the mean time came Camillus, and nul∣ling this compact, as made without his consent, who before was Dictator, and therefore alone had power of making Peace, overthrew them in fight,

and did such execution upon them in pursute,* 1.310 as what remained of them, was overpowered and cut off by the Country. Thus Rome, which was unexpected∣ly taken by the Galls about the Ides of the moneth Quinctilis, was more un∣expectedly recovered about the Ides of February, so that as Plutarch writ∣eth, the Barbarians held it seven moneths, in the 365 year of the City, and the sixteenth of Artaxerxes Mnemon.

* 1.31136. The Tribunes now renewed their importunity about removing unto Veii, which caused the Senate to procure Camillus his holding of the Office of Dictator, though contrary to the custome, for the whole year. He with gentle language appeased the multitude, shewing them, how unworthy a thing it was to forsake the seat of their Ancestors, and of their Country rites (which were appropriate to the same place) for to inhabit a conquered and enslaved City. Then was Rome rebuilt in great haste, whereby afterwards it became rather an heap of houses than a well ordered Town, and that the wa∣tercourses formerly laid in the streets, now ran for the most part under pri∣vate houses. Camillus having laid down his Office was forced the year fol∣lowing to reassume it, because of the Volsci, who now took Armes, as also the Aequi and Etruscans, all which he overthrew,* 1.312 and forced the Volsci to yield themselves after the War had continued with them for 70 years. In the third year after this he overcame them again, and with them the Herni∣ci and Latines, whereof the later had ever from the battel at the Rhegillan Lake been trusty and faithful until now: and from the Etruscans he reco∣covered two Towns which they had taken from the Allies of Rome. This he did being Tribune Military, though envied by M. Manlius, who having done special service in the Capitol, by repelling the Galls, obtained the Sirname of Capitolinus. Being naturally haughty and ambitious, he was herewith puffed up, so as to extenuate the deserts of Camillus, and by in∣gratiating himself with the common sort, through paying their debts, and railing against the great ones, plainly to aim at the Soveraignty. This, to∣gether with the War depending with the Volsci, which was also aggravated by the defection of the Hernici and Latines, caused the Senate to resolve that a Dictator should be created.

37. This was A. Cornelius Cossus, as Livie writeth, though Plutarch nameth Quinctius Capitolinus, whom the other reporteth to have been Ma∣ster of the Horse-men to Cossus.* 1.313 He triumphing over the Enemies from without, called also by the help of the Tribunes Manlius to account, and shut him in prison. The multitude much afflicted hereat, took mourning garments, and made such disturbance, that after some time he was set at li∣berty. But holding private meetings in the night, and growing more bold in his design, the Senate committed it to the care of the Tribunes Military, whereof Camillus was one, (as afterward in cases of great exigency to the Consuls) to take care that the Commonwealth should receive no dammage. Being then brought to his trial again in that place, whence a view of the Capi∣tol might be had, he would ever point to it, and put the People in mind of what he had done there for them; whereupon Camillus caused his Judges to remove without the gate,* 1.314 into the grove called Lucus Petelinus, where being no sight of the Capitol, he was condemned. He was thrown headlong from the Tarpeian Rock, the place both of his honour and infamie: and it was decreed, that none of the Manlii should afterward be called Marcus.

38. After these things the Latines rebelling, and the Volsci, were severally overthrown without, and great tumults hapned within, by reason of the debts of the Commons, now again exceedingly increased. Their Tribunes incen∣sed them against the Patritians, and the contest was sharpened by Fabius Ambustus one of this order, who having maried one daughter to a Patritian and another to a Commoner, this took such distaste at her husbands condition, being void of honour, that Fabius told her he would so order the matter, that the same dignity should be communicated to her house, as was to that of her Sister. From this time he consulted with Licinius Stolo her husband, and L. Sestius, about the preferring of a Law, for making one Consul out of

the Commons. These two being made Tribunes of the People, laboured so vigorously about it, that after long and great contention it came to that passe, that for five years they suffered no Supreme Magistrates to be created. Nine years this dispute continued,* 1.315 those two continuing Tribunes still, and the matter had come to another separation or worse, but that Camillus re∣conciled the parties. He was made Dictator the fourth, saith Plutarch, for this purpose, but finding the multitude too stubborn, which threatned to Fine him except he complied, he again laid down his Office. The Senate then caused another Dictator to be named, under whom Licinius Stolo preferred a Law, which forbad any man to possesse above 500 Akers of ground, and after∣wards being found himself to have above, was punished by virtue of his own constitution. Whilest the Contention was on foot about the Consulship, news came that the Galls, many thousands in number, were marching from the Adriatick-Sea towards Rome, which composed the difference for the present, and made them cast their eyes upon Camillus as Dictator the fifth time.* 1.316 He being near 80 years of age refused not the employment in this time of so great danger, and perceiving the Galls to fight with swords, stri∣king at the heads and shoulders of their Enemies without any art or dexteri∣ty, he furnished his men with light iron Helmets, and bound their Targets about with brasse, teaching them how to fence, and receive the stroaks. By this device he rendred the swords of the Galls so unserviceable, that giving them battel at the River Aniene, he easily overthrew them, in the 23^th year after he had recovered Rome from their Countrey-men.

39. After this fight the Romans despised the Galls whom before they exceedingly feared, insomuch that wheras by a Law immunity from War was granted to Priests, an exception and Proviso was added as to that with the Galls. Camillus in his retreat had Velitrae given up into his hands; but having now finished all his warlike exploits, a very considerable one re∣mained to be performed by him at home. For at his return he was re∣ceived with fierce and impatient Contests betwixt the Senate and Com∣mons about the Consulship, and retaining his power, that thereby he might serve the interest of the Nobility, an Officer was sent from the Tribunes to pull him down from his seat in the Forum, and bring him before them. His attendants repelling the man,* 1.317 such a noise and tumult followed as never be∣fore had been known, the multitude crying out, pull him down. He laid not down his Office, but departing to the Senate-house, had a serious debate with the Fathers about the matter, and after a great and various Conten∣tion, that party prevailed which granted to the Commons that one of the Consuls might be created out of their body.* 1.318 For this they desired, and ob∣tained of the Commons, to have a Praetor created yearly out of the Patritian order for administration of Justice in the Citie. By this agreement a good understanding being revived betwixt the parties, for as long a time as the in∣firmity of the Government could bear, a Temple was dedicated to Concord, which Camillus had vowed, moreover a fourth day was added to the Latine Feriae, and the greater sort of Games were solemnized, which when the Ae∣diles of the Commons refused to manage, the young Patritians offered them∣selves, and the Senate procured also of the People that two Patritians every year might be made Aediles, who from the Chair called Sella Curulis, had the name of Aediles Curules. What their Office was hath been shewn be∣fore. As for this Chair, Gellius writeth,* 1.319 that antiently such Senators as had born a Curule Office, were for honour's sake wont to be drawn to the house in a Chariot, wherein was a Chair in which they sate, and which thence (from the Chariot or Currus) was called Curulis. But others think that both the Orthography of the word, and the dismension of the thing crossed this derivation,* 1.320 and that it was called Curulis from Cures, a Town of the Sabines. The form of it upon old Coins represents that of Spanish Chairs, used by Princes as Chairs of State: It had also crooked feet, as Plutarch in the life of Marius describeth it; several ascents there were to it: it was covered with Ivory, as several Authors shew, and carved or ingraven, according to Ovid.

* 1.32140. But as for the Praetor, there were two causes of the Creation of this Officer: Aemulation and Use. The former was wrought in the Patritians by the Commons, who now had wrested into their own hands the Consulship. The later was brought about by reason that the Consuls were for the most part imployed abroad in Wars, and therefore there was a necessity of a Ma∣gistrate, whose peculiar work it should be to administer Justice in the Citie. The Praetor was so called a praeeund, as write both(a) 1.322 Varro and(b) 1.323 Cice o, and agreeably with this Etymology it was once the name of(c) 1.324 Consuls also, as we shewed before, and of all, or most other Magistrates, Civil or Military. It is probable, that this name, as the other of Dictator, Aedilis, and Duumvir, might come out of Hetruria, there being such Officers there of old, as Spar∣tianus seemeth to hint, and otherwise may be gathered. There being but one created at his time, viz. in the 388 year of the Citie, afterward about the 500 year another was added, who administred Justice unto strangers, so that for distinction the one was called Praetor Urbanus, and the other Peregrinus, the former being in Dignity above the other, and his Constitutions called Jus Honorarium, as we shewed before out of Pomponius. This same Author (having shewn, that after the bringing in of this Praetor Peregrinus; the De∣cemviri for judging of Causes, the Triumviri for coyning of Brasse, Silver, and Gold, the Triumviri Capitales for keeping of Priso•• and the Quinque∣viri for both sides of Tiber for executing what belonged to Magistrates in the evenings (at which time they were not to be abroad) were created by de∣grees) writeth further, that Sardinia being made a Roman Province, after that Sicily, then Spain, and after Norbonensis; so many Praetors were made as there were Provinces, who partly governed at home, and partly abroad. Lipsius more particularly affirmeth, that, in the 520 year of the Citie, Sardi∣nia and Sicily being both made Provinces, there were two added, who as the former two assisted the Consuls in administring of Justice, so these in the go∣vernment of the Provinces. When Spain (Hispaniae in the plural number) was subdued, in the year 557. two more were added. So there were in all six Praetors, whereof two onely remained in the Citie, and the other, as soon as declared, departed into the Provinces, as they fell to them by lot: this order continued till the examinations called Quaestiones Perpetuae were appointed, at which time the Senate resolved that all the Praetors for the year of their Office should continue in the Citie, and judge some controversies, either pu∣blick or private.

41. Pomponius proceedeth, saying, that Cornelius Sulla appointed other publick Examinations or Inquisitions: As, for example, De falso, De Pari∣cidio, and de Sicariis, for which he added four Praerors more; but Lipsius saith he is mistaken in the number, proving out of Cicero that he made but two. C. Julius Caesar appointed other two, as also two Aediles called Ce∣reales, and afterward 16 Praetors, as appeareth from Dio, who also relateth the Triumviri with greater liberty to have made 64. Augustus filled up the number to 16. saith Pomponius, though first Lipsius will have him to have confined the number to 12. Claudius added two, who where to judge onely concerning Fidei Commissa, as the Law term is. Titus took one from the number: but Nerva restored and appointed him to hear and determine Causes betwixt the Exchecquer and private persons. Another was appointed by M. Antonius Philosophus, called Praetor Tutelaris. So, in all there were 18. till, as the Empire decreased, they decreased also in number, and at length were reduced to that of three by a Law of Valentinian and Marcian. As for the Office of Praetors, the Praetor Urbanus, who was also called Praefectus Urbi (though the Praefectus was afterward onely chosen for the Latine Feriae) in the absence of the Consuls executed their Office in the Senate and Comitia. But three things especially belonged to them: Games, Sacrifices, and Judi∣cature. The former onely continued to them in a manner when the Empire decayed. Their Judicature was either in publick or private matters. Pri∣vate causes concerning meum and tuum, two onely handled, viz. the Urba∣nus and Peregrinus; Publick or Criminal matters were managed by all the

rest, who yet had their several and distinct Crimes, one or two, which they judged; and yet sometimes in their Provinces they managed Civil matters also. They had the same Ornaments and Ensigns of power as the Consuls; onely but six Lictors apiece, whereas the other had twelve. In respect of their power and honour, as also because they were created by the same Auspicia, Livy calleth them the Collegues of Consuls.

42. The first Consul out of the body of the Commons was L. Sextius,* 1.325 by whose Law the privilege was obtained; the first Praetor Sp. Furius, the son of Camillus, and the first Aediles Curules were Cn. Quintius Capitolinus, and P. Cornelius Scipio. To Sextius was given as Collegue from amongst the Patritians L. Aemylius Mamercus, and so the Consuls again returned after 23 years,* 1.326 these being the 88 pair as they are found in Livy, and the Tribunes Military were for ever laid aside after 48 courses of that Office, and fifteen changes from the Consulship to it, and from it to the Consulship. Besides these changes of Government in Rome, there were the two Grand ones from Kings to Consuls, and from Consuls to the Decemv••ri; and to this time from the first of these alterations had intervened 20 Dictatorships, besides the several Interregnums. The first Interregnum was extraordinary, being be∣twixt the reigns of Romulus and Numa, when the Senate governed for the space of a year: the other were ordinary, and continued but for five dayes under particular men, at the end whereof another was Elected, and cal∣led Interrex, having for that time the power of Consuls. All these changes of Government, except the Interregnums betwixt the reigns of the Kings (whereof none but one is considerable) hapned to the Commonwealth of Rome within the space of 134 years, scarce so many having compleatly pas∣sed from the banishment of Tarquinius, to this alteration in the Consulship. It is not in vain to have made these observations, that the Reader may plainly see the ridiculous sicklenesse, weaknesse, and danger of the Roman Govern∣ment after that it came to be Antimonarchical.

43. In the beginning of the year, news came of the Galls their meeting together, who had before been dispersed through Apulia, and of the in∣tended revolt of the Hernici; but all preparations were deferred by the Senate, because it troubled them that any thing should be done by a Ple∣beian Consul, and there was a great silence with a general intermission of businesse as in some great Vacation. Onely the Tribunes were not silent, because that for one Plebeian Consul the Nobility had got three Patritian Magistrates, who sate as Consuls in their Curule Chairs, and their Prae∣textae: especially were they concerned about the Praetor, who administred Justice, was a Collegue of the Consuls, and created by the same Auspicia. Modesty therefore suffered not the Fathers to create both the Aediles Cu∣rules out of their own body; so that it was agreed first that every other year they should be chosen out of the Commons; but afterwards they were Ele∣cted promiscuously. The year following fell a grievous plague upon the Ci∣tie, which took away, besides great multitudes of the common sort, One Censor, one Aedilis Curulis, and three Tribunes: And who was more than all,* 1.327 Camillus himself now died, having born the Office of Consul more than once, been five times Dictator, having Triumph four, and done such things as he deservedly was written the second founder of Rome. The plague raging both in this and the following year, gave place to no means that were used, so that all mens minds being superstitiously bent, the Stage-playes were brought up to appease their impure gods. The Actors were sent for out of Hetruria, in the language of which Countrey Hister signifying a Player, thence was derived the Roman word Histrio: these playes were very barba∣rous and antick at the first.* 1.328 Two years after this the ground cleaving a∣sunder in the Forum, M. Curtius is said to have rode into the hole, and so being swallowed up, purchased conquest for his Countrey, according to the Declaration of their gods. After this there was action abroad with the Her∣nici and the Galls. One of these provoking any one Roman to a single Combat, T. Manlius accepted of the challenge, and killing his Enemy

took a Torques or chain from his neck,* 1.329 whence he and his posterity obtained the Sirname of Torquatus. In this fight the Galls had the worst, so also three years after, and eight years after that, when M. Valerius a young man, and Tribune of the Soldiers, fighting with another Gall, as Manlius did, had the same successe. As he was fighting a Crow came, and sitting upon his head, with beak and wings assisted him in his combat, whence he had the Sirname of Corvinus.* 1.330 At this time also were several Victories obtained a∣gainst the Latines and Hetruscans.

44. But, (that we may joyn domestick affairs with those of the Camp) after the Commons had enjoyed the Consulship nine years, the Patritians took it from them again,* 1.331 out of disdain that the year before C. Martius Rutilius a Ple∣beian had been Dictator. Hereat the multitude was so inraged, that at the end of three years more, the Senate was forced to restore the Office, and because Usury was again grown exceeding burthensom to the poorer sort, they appointed five men to order the payment of debts out of the Treasury. For the following year also one of the Censors was chosen out of the Plebei∣ans. Hitherto were the Wars of the Romans as it were at their gates: now they were removed further off, and henceforth continued longer: For in the 412 year from the founding of the City, and the 46 from it's restauration, began the War with the Samnites, a People of Italy,* 1.332* 1.333 descended from the Sabines, from whom also they had their name, or from Saunia or Sannia, which in the Greek tongue signifie Spears;* 1.334 or from the hill Samnium, where, as they came from the Sabines, they seated themselves, according to Festus. They had the Sabines, Peligni, and Aequi on the West, the Picentini and Apuli on the East, on the South the Campanians and Sidicini, and on the North the Marucini, Dauni, and Apuli, as is observable out of History, saith* 1.335 Joh. Stadius. It was the custome of the Romans by helping others to espouse quarrels. The Samnites having unjustly molested the Sidicini with War, they betook themselves to the Campanians for succour. These being luxurious and effeminate, were easily worsted, and sent to Rome for aid, their Ambassadors imploring it with tears, and giving up themselves and Country into the hands of the Senate and People. The Senate was at first un∣willing to use any force, for that the Samnites were their friends in confede∣racy; but upon the importunate cries and prayers of the Ambassadors, and the scornful denial of the Samnites to abstain from the Territories of Capua and Campania, their request was granted, and the Consuls sent forth, the one to Capua, and the other into Samnium, vvhere the Samnites vvere over∣throvvn in both places, and many thousands of them slain: For, in Campa∣nia, Valerius after a bloody battel became Master of their Camp. In Sam∣nium Cornelius having unvvarily led his Army thither vvhere they lay in vvait for him, P. Decius a Tribune in the Army, possessed himself of an hill above the Enemy, vvho much vvondring thereat, applied themselves thither, and so gave liberty to the Consul to dravv forth his men into a more conveni∣ent place. Then brake he through, though besieged, vvhereat the Enemy vvas so much astonished, that the Consul falling on obtained so great a Vi∣ctory, that 30000 of the Samnites vvere slain.

45. This defeat, together with inroades made upon them the next year, drew them to make a peace, the Sidicini being left to their mercy. They desired that the Latines and Campanians might be commanded not to assist the Sidicini; but because the Senate would not deny that these Nations were under their command, and were also afraid to provoke them, so ambiguous an answer was made, as the Samnites being left but dubious, the Latines and the other thought themselves so far disobliged as to rebel. T. Manlius Tor∣quatus now Consul the third time, with Decius Mus his Collegue, was sent to chastize the Latines. Upon dreams which they both had, that one General on the one part, and the Army on the other, belonged to the Dii Manes and Tel∣lus mater, they agreed, that in what part the Roman Army should be distres∣sed, he under whose command it was should devote himself, and that strict discipline should be observed, so that all were forbidden to fight without or∣ders.

The Army being sorely put to it in Decius his wing, he devoted him∣self, and rushing into the midst of his Enemies, after great slaughter made, lost his life.* 1.336 L. Manlius the other Consul's Son, passing with his Troop,* 1.337 be∣fore the battel, near the Camp of the Enemy, was challenged by Geminius Metius Captain of the Tusculans, whom when he had slain and stripped, his Father for a reward caused him to be put to death; whence cruel Commands were wont to be called Manliana Dicta. Of the manner of the Com∣bat* 1.338 Aulus Gellius, or Agellius is to be consulted. The Latines being o∣verthrown were wholly subdued, and begged Peace; which being given to them, though not with the same conditions to all, Manlius returned, and was met by antient men onely, the young ones refusing to do him that honour, who ever after both hated and cursed him in reference to his son.

46. After his return, the Antiates and Ardeates made incursions into the Roman Territories. Being by sicknesse rendred unfit for War, he named L. Papyrius Crassus for Dictator, who appointed L. Papyrius Cursor his Master of Horse-men; but nothing memorable was done. The Consuls for the following year,* 1.339 T. Aemilius Mamercus and Q. Publius Philo, overthrew the Latines, who had rebelled because of the grounds taken from them. Pub∣lius, by whose conduct and auspicium the Victory was obtained, receiving in∣to amity such Cities as had been worsted, Aemilius led the Army against Pedus, which received supplies from several places. Though he had the bet∣ter in all skirmishes, yet the Town holding out, and he hearing that his Col∣league was returned home to his deceed Triumph, he also left the Siege, and departed to demand that honour. The Senate was offended, and denied to permit him the honour, except Pedus was either taken, or surrendred, which caused him out of revenge all the year following to joyn with the Tribunes a∣gainst the Fathers, his Collegue not opposing it, because a Plebeian. The Senate having a desire to be rid of them, commanded a Dictator to be named, but it belonging to Aemilius to name him, he whose were the Fasces for this moneth, named his Collegue, who appointed Junius Brutus his Master of Horse-men. And his Dictatorship was very grievous to the Nobility, being full of invectives against them, and the procurer of three Laws, whereof the first altered the very constitution of the State.* 1.340 This was, that the Plebiscita should bind all the Quirites, or the whole People, comprising all rankes, and degrees. The second, that such Laws as passed in the Centuriata Comilia, should be proposed by the Fathers before the Suffrage. The third, that one of the Censors at least should be a Plebeian, whereas now it was come to that passe, that both might be such. Thus did the Government of Rome devolve fast to a Democratical temper, the interest of the Patritians being now quite broken by the force of the former Law (which proved as a Lex talionis to them, and as a punishment for their rebellion against their Kings) in they 416 year of the City, after Varro's account, which fel in with the first of Arses King of Persia, and the 23 of Philip King of Macedonia.

47. In the following year, wherein L. Furius Camillus and C. Maenius were Consuls, Pedus was taken by storm, and the Consuls in pursute of the Victory subdued all Latium,* 1.341 for which they triumphed, and had Statues on horseback set up in the Forum; an honour but rare in those dayes. The se∣veral People of Latium, had several conditions of Peace set them. To An∣tium was sent a new Colony, and the old inhabitants were forbidden the Sea, had all their long-ships taken from them, had leave to enter themselves in the Colony, and were made free of the City. The ships were partly brought in∣to the Roman Arcenal, partly burnt, and with their Rostra or beaks was the Gallery or Pulpit for Orations adorned, which was built in the Forum; whence that Temple was afterwards called Rostra. The year following Mi∣nutia a Vestal Nun was buried quick in the Campus Sceleratus,* 1.342 which I be∣lieve, saith Livie, had it's name from Incest; for so the fault of incontinen∣cy in those women was termed. And in this same year Q. Publius Philo was made the first Prator out of the Commons; the Senate not regarding now what hapned in this kind, because they had been overpowered in things of

greatest consequence. Now also a War arose betwixt the Aurunci and Si∣dicini, whereof the former were constrained by the other to forsake their an∣tient seat, and depart to Suessa, which was afterwards called Aurunca. The Aurunci had given up themselves to the Romans, who thereupon order∣ed them relief, but the Consuls deferring it, this fell out in the mean time. But the next year the Sidicini and the Ausones who inhabited Cales were overthrown, and Valerius Corvinus now the fourth time Consul for the fol∣lowing year, and the greatest Roman Captain of this time, took Cales also, where a Colony was placed. In the second year after the taking of Cales, the Census was solemnized, and two Tribes added, Metia and Scaptia, for the newly admitted Citizens: the Acerrani were also made free of the Ci∣ty, without the privilege of Suffrage, by a Law preferred by L. Papirius the Praetor.

48. In the year following, above 170 women were put to death for the art of poysoning, being discovered by a she Slave, whereas heretofore there had been no inquisition made after this crime, which therefore was counted such a prodigie, that a Dictator was made for fixing of a nail, which they had read in their Annals to have been a remedy for the distempers of the State, when the Commons separated from the Patritians. For the two succeeding years a War was managed against the Privernates, who were drawn into it by Vitruvius Vallus,* 1.343 a man of principal note amongst the Fundani. In the first year they were overthrown, in the next he was either taken or delivered up, and Privernum either stormed or surrendred, both being affirmed by Writers,* 1.344 of whom Livie is to be consulted: the principal actors were together with ••i∣truvius put to death, and the rest of the Inhabitants made free of the City. The first year of this Warre fell in with the last of Darius Codomannus, the last King of Persia, being the 424 of the City, when L. Papyrius Crassus the second time, and L. Plautius Venox (or Veuno) were Consuls.

Notes

• * 1.1

  Consuls.
• * 1.2

  Whence so called.
• (a) 1.3

  De Magi∣strat. pop. Rom. cap. 7.
• (b) 1.4

  Lib. 1. c. 9.
• (c) 1.5

  Lib. 1. c. 9.
• (d) 1.6

  In voc. Praetoria Porta.
• (e) 1.7

  24, & 25.
• (f) 1.8

  De Ling. Latina. lib. 5.
• (g) 1.9

  De Legib. lib. 3.
• * 1.10

  Their power.
• * 1.11

  Certain Rites concerning them.
• * 1.12

  Ad A.M. 3676.
• * 1.13

  De bello Catalin••.
• * 1.14

  The age ca∣pable of this Office.
• (a) 1.15

  Annal. lib. 11.
• (b) 1.16

  Lib. 10.
• (c) 1.17

  Philipica 5.
• (d) 1.18

  Lib. 25.
• (e) 1.19

  Quo priùs.
• * 1.20

  Its duration.
• (f) 1.21

  Lib. 6. Epist. 21.
• * 1.22

  The first Consuls.
• (a) 1.23

  Lib. 5.
• * 1.24

  Their Acts.
• * 1.25

  A. M. 3496. Ol. 67. ann. 4. V.C. 245. Darii 13.
• * 1.26

  Lege inter alios Dionysium l. 5. & Plutarch. in Poplicola.
• * 1.27

  Revealed.
• * 1.28

  Brutus putteth to death his sons.
• * 1.29

  The rest be∣headed.
• * 1.30

  Valerius Con∣sul in the room of Tar∣quinius Colla∣tinus.
• * 1.31

  Dionys. lib. 5. Livius lib. 2. Val. Maxim. l. 1. c. 8. Plutar. in Po∣plicola. Plin. l. 29. c. 1. Festus in voce Insula.
• * 1.32

  Brutus slain.
• * 1.33

  A. M. 3497. Ol. 68. an. 1. V.C. 246. Darii 15.
• * 1.34

  Valerius suspe∣cted
• * 1.35

  Cleareth him∣self.
• * 1.36

  His constitu∣tions.
• * 1.37

  The Quaestors.
• (a) 1.38

  Lib. de Potestatibus.
• * 1.39

  When first made.
• (b) 1.40

  Lib. de officio Quaesto∣ris.
• (c) 1.41

  Annal. l. 16. 11.
• (d) 1.42

  Lib. 8.
• (e) 1.43

  Lib. 3.
• (f) 1.44

  Lib. 2. ff. de Orig. Juris
• (g) 1.45

  De Lingua Latin. lib. 4. pag. 22. ex Edit. Joseph. Scalig.
• * 1.46

  Their num∣ber.
• * 1.47

  Their duty.
• * 1.48

  The Aerarium or Treasury.
• * 1.49

  Lucretius Con∣sul.
• (a) 1.50

  In popli∣cola.
• (b) 1.51

  Noct. Attic. lib. 2. c. 15.
• (c) 1.52

  De Ling. Lat. pag. 62.
• (d) 1.53

  Lib. 5.
• (e) 1.54

  Lib. 3.
• (f) 1.55

  In Julio.
• * 1.56

  Horatius.
• * 1.57

  The Capitol dedicated.
• * 1.58

  Polyb. lib. 3. p. 160.
• * 1.59

  The first League be∣twixt the Ro∣mans and Car∣thaginians.
• * 1.60

  Porsena war∣reth against Rome.
• * 1.61

  Livius lib. 2.
• * 1.62

  Plut. ut priùs.
• * 1.63

  Ad A.M. 3492. & 3507.
• * 1.64

  Plut. in Po∣plicol. Dionys. lib. 5. Livius lib. 2. Florus lib. 1. cap. 10. Aurel. Victor de viris Illustr. Val. Max. lib. 3. cap. 2, 3. Vide etiam Polyb. lib. 6.
• * 1.65

  Horatius▪ Cocles.
• * 1.66

  Mutius Scae∣vola.
• * 1.67

  A.M. 3498. Ol. 68. ann. 2. V.C. 247. Darii 15.
• * 1.68

  Peace made with Porsena.
• * 1.69

  Cloelia.
• * 1.70

  A.M. 3501. Ol. 99. ann. 1. V.C. 250. Darii 18.
• * 1.71

  War with the Sabines.
• * 1.72

  Actius Clausus.
• * 1.73

  Poplicola di∣eth.
• * 1.74

  Ovation what.
• * 1.75

  Dionys.
• * 1.76

  The Sabines beg Peace.
• * 1.77

  Tarquinius his endeavours for the reco∣very of his Kingdom.
• * 1.78

  A. M. 3504. Ol. 96. an. 4. V. C. 253. Darii 21. Postumus Cominius Auruncus, T. Lartius, Ruffus. Coss.
• * 1.79

  War with the Latines in his behalf.
• * 1.80

  The Dictaror.
• (a) 1.81

  De Ling. Latin. l 4. p. 56.
• (b) 1.82

  Lib. 5.
• (c) 1.83

  Varro quo prius. Cicero de Fin. l. 3. Festus in voc. Optima Lex.
• (d) 1.84

  Lex An∣tiqua.
• * 1.85

  His power.
• * 1.86

  The bounds of his Office.
• * 1.87

  Appeal from him.
• * 1.88

  Lib. 8.
• * 1.89

  SECT. 2.
• * 1.90

  The Magister Equitum.
• * 1.91

  De Ling. Latin. lib. 4. p. 22.
• * 1.92

  The time of the first Di∣ctatorship.
• * 1.93

  The Person.
• * 1.94

  SECT. 1.
• * 1.95

  T. Largius the first Dictator.
• * 1.96

  Dionys. lib. 6.
• * 1.97

  The Latines overthrown at the Lake Regillus.
• * 1.98

  Great stirs in the Citie
• * 1.99

  Diverted by War.
• * 1.100

  Renewed.
• * 1.101

  The first se∣paration of the Com∣mons.
• * 1.102

  Note.
• * 1.103

  The Prophecy of Appius con∣cerning the lawlesse rabble.
• * 1.104

  A composure by bringing in the Tri∣bunes.
• * 1.105

  A. M. 3511. Ol. 71. an. 3. V. C. 260. Darii 28. A. Virginio Montano, T. Veturio Gemiao, Coss.
• (a) 1.106

  Ling. Lat. l. 4. p. 22.
• (b) 1.107

  De Orig. Juris par. 20.
• * 1.108

  Their num∣ber.
• (c) 1.109

  Bel. civil. lib. 1.
• (d) 1.110

  Lib. 14. c. 8.
• (e) 1.111

  De Legib. lib. 3.
• * 1.112

  Power.
• (f) 1.113

  Plutarch. probl. 81.
• (g) 1.114

  Lib. 3. c. 2.
• (h) 1.115

  Lib. 37.
• (i) 1.116

  De bell. Civil. l. 2.
• * 1.117

  Privilege.
• (k) 1.118

  Lib. 6.
• (l) 1.119

  Pro Sext.
• * 1.120

  The ballance to their power.
• * 1.121

  Lib. 2. cap. 2. Exemp. 7.
• * 1.122

  The extrava∣gancy of their power.
• * 1.123

  Several other sorts of Tri∣bunes.
• * 1.124

  The Aediles created.
• (a) 1.125

  Diod. lib. 43.
• * 1.126

  Their Office.
• (b) 1.127

  3. de Legibus.
• (c) 1.128

  Annal. lib. 4.
• (d) 1.129

  Janus Gulielmus.
• * 1.130

  War with the Volsci.
• * 1.131

  Dionys. lib. 6. Plutarch. in Coriolano.
• * 1.132

  Marcius.
• * 1.133

  Sirnamed Coriolamus.
• * 1.134

  A.M. 3512. Ol. 71. ann. 4. V.C. 261. Darii 29. Sp. Cassio 2. Postumo Comi∣nio Coss.
• * 1.135

  A dearth,
• * 1.136

  Dionys. l. 7.
• * 1.137

  Which cau∣seth a Sedi∣tion,
• * 1.138

  And this a new Law in behalf of the Tribunes.
• * 1.139

  Corn brought out of Sicilie.
• * 1.140

  Coriolanus his counsel thereupon.
• * 1.141

  Put all into a flame.
• * 1.142

  He answereth before the People.
• * 1.143

  Is banished.
• * 1.144

  Dionysius Hali∣carnass. l. 8.
• * 1.145

  Stirreth up the Volsci against Rome.
• * 1.146

  Invadeth its Territories.
• * 1.147

  He marcheth towards Rome.
• * 1.148

  A.M. 3517. Ol. 73. an. 1. V.C. 266. Darii 34. Sp. Nautio Ser. Furio Coss.
• * 1.149

  His mother prevaileth with him to retreat.
• * 1.150

  He is slain.
• * 1.151

  Cassius aimeth at the Sove∣raignty.
• * 1.152

  His design frustrated.
• * 1.153

  A. M. 3521. Ol. 74. an. 1. V.C. 269. vel 70. Xerxis 1, vel. 2.
• * 1.154

  He is con∣demned, and put to death.
• * 1.155

  The Consuls evade the in∣terposition of the Tribunes.
• * 1.156

  Commotions in the City.
• * 1.157

  Dionys. l. 9.
• * 1.158

  Wars abroad.
• * 1.159

  The family of the Fabii in∣gage against the Veientes.
• * 1.160

  All the ad∣venturers are cut off.
• * 1.161

  Whether on∣ly one Boy re∣mained of the family.
• * 1.162

  A. M. 3528. Ol. 15. an. 4. V. C. 277. Xerxis 9.
• (a) 1.163

  Lib. 1. c. 16.
• (b) 1.164

  In Camillo & Problem.
• (c) 1.165

  Lib. 6.
• (d) 1.166

  Lib. 18.
• (e) 1.167

  Fast. 2.
• * 1.168

  The Veientes peirce within two miles of the Citie.
• * 1.169

  Menenius fined for the mis∣carriage of the Fabii.
• * 1.170

  Great stirs about the Agrarian.
• * 1.171

  A Law pro∣posed for Creation of Tribunes in the Assembly of Tribes.
• * 1.172

  Appius and Quintius Con∣suls.
• * 1.173

  Appius spoil∣eth all.
• * 1.174

  Is command∣ed to depart the Assembly,
• * 1.175

  And to be sent to prison.
• * 1.176

  Is defended.
• * 1.177

  The People seize on the Capitol.
• * 1.178

  The Law pas∣seth.
• * 1.179

  Appius his Sol∣diers refuse to fight.
• * 1.180

  He crosseth the Agrarian, for which he is called to answer for his life.
• * 1.181

  Before the Trial he killeth him∣self.
• * 1.182

  A most grie∣vous Plague.
• * 1.183

  War with the Aequi and Volsci.
• * 1.184

  Dionys. l. 10.
• * 1.185

  A. M. 3545. Ol. 80. an. 1, V. C. 294. Artax. Longius. 5.
• * 1.186

  Fresh stirs a∣bout new Laws.
• * 1.187

  Caeso Quintius called to an account.
• * 1.188

  Flieth and is condemned.
• * 1.189

  A plot of the Tribunes.
• * 1.190

  Discovered by the Consul.
• * 1.191

  Ap. Herdonius seizeth on the Capitol.
• * 1.192

  Which is re∣taken.
• * 1.193

  Quintius made Consul.
• * 1.194

  His carriage in his Office.
• * 1.195

  Dionysius ut su∣pra Livius lib. 3.
• * 1.196

  He is made Dictator.
• * 1.197

  He over∣throweth the Aequi.
• * 1.198

  Vide suprà Parag. 66.
• * 1.199

  The number of Tribunes in∣creased to 10.
• * 1.200

  A. M. 3350. Ol. 81. ann. 2. V. C. 280. Art. Longim. 10.
• * 1.201

  Their in∣croachments.
• * 1.202

  A Law for di∣vision of cer∣tain grounds.
• * 1.203

  Dissentions renewed.
• * 1.204

  The Agrarian Law after 30 years with another of equal right published.
• * 1.205

  The atchieve∣ments of Sic∣cius Dentatus.
• * 1.206

  Lib. 5. c. 6.
• * 1.207

  Lib. 2. c. 11.
• * 1.208

  Tumults a∣bout the Law.
• * 1.209

  Diverted by War.
• * 1.210

  A plot against Siccius.
• * 1.211

  He escapeth as Conque∣rour.
• * 1.212

  He revengeth himself upon the Consuls.
• * 1.213

  A new Law.
• * 1.214

  Romulius per∣swadeth the Senate to submit to new Laws.
• * 1.215

  Commissio∣ners chosen fetch some out of Greece.
• * 1.216

  The Decemviri chosen.
• * 1.217

  The second change of Government when.
• * 1.218

  A.M. 3554. Ol. 82. ann. 2. V.C. 302. Artax. Longim. 14.
• * 1.219

  The acts of the Decemviri for the first year.
• * 1.220

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 & 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• * 1.221

  Appius obtain∣eth to be De∣cemvir the se∣cond time by cheating the credulous multitude.
• * 1.222

  He and his Collegues la∣bour to esta∣blish them∣selves.
• * 1.223

  They add two Tables of Laws to the ten.
• (a) 1.224

  Lib. 2. Dig. de Ori∣gine Juris.
• (b) 1.225

  Tusculan. lib. 5. Plin. lib. 84. & Strabo lib. 14.
• * 1.226

  SECT. 1.
• * 1.227

  The Original of the Civil Law.
• (c) 1.228

  Consule Valer. Max. l. 2. c. 5. exemp. 2. A. Gellium Noct. Attic. l. 6. c. 9. & Cicero. pro Mu∣rena.
• * 1.229

  How the parts of it came in by degrees.
• * 1.230

  Vide Livi∣um, lib. 3. A. Gellium l. 15. c. 26.
• (a) 1.231

  Seu Scribe∣nianus Institut. l. 1. Tit. 2.
• * 1.232

  SECT. 2.
• (b) 1.233

  Lib. 14. cap. 13.
• (c) 1.234

  Lib. 10. cap. 23.
• (d) 1.235

  Jus triplex tabulae quod ter Sanxere quaternae Sa∣crum, Priva∣tum, Populi commune quod usquam est.
• (e) 1.236

  Lib. 1. de Oratore.
• * 1.237

  Cicero his commenda∣tion of the 12 tables.
• (f) 1.238

  De Legibus lib. 2.
• * 1.239

  The Decem∣viri retain their power.
• * 1.240

  They assem∣ble the Se∣nate about War.
• * 1.241

  Stirs in the Senate.
• * 1.242

  They make use of the Se∣nate to their own advan∣tage.
• * 1.243

  They lead out an Army a∣gainst the Sa∣bines and Ae∣qui.
• * 1.244

  Siccius Denta∣tus made a∣way by them.
• * 1.245

  Appius his a∣bominable practices for Virginia,
• * 1.246

  Procureth the destruction of the Decemvi∣rate.
• * 1.247

  The next Consuls pre∣fer Popular Laws.
• * 1.248

  Yet the mul∣titude being insatiable and restlesse de∣mand the Consulship.
• * 1.249

  Publick busi∣nesse hereby hindred.
• * 1.250

  An exedient found out by Claudius.
• * 1.251

  The fickle & inconstant humour of the multitude.
• * 1.252

  The third grand change of govern∣ment to the Tribuni Mili∣tum.
• * 1.253

  A. M. 3561. Ol. 84. an. 1. V. C. 310. Artax. Longim. 21.
• * 1.254

  L. 2. ff. de Orig. Juris.
• * 1.255

  Another change after 73 dayes to Consuls again.
• * 1.256

  Consuls.
• * 1.257

  The Censors. and here Diony∣sius his history is broken off, the following part being lost.
• * 1.258

  It's commen∣dation.
• * 1.259

  Bodinus Me∣thod Histor. cap. 4.
• * 1.260

  The duration of the Office of Censors.
• * 1.261

  Livius lib. 3.
• * 1.262

  Their power.
• * 1.263

  In voce Praete∣riti.
• * 1.264

  Vide Plutar∣chum historiam narrantem in Pompeio. Livium lib. 29. Festum in voce censio.
• * 1.265

  Lib. 16. cap. 13.
• * 1.266

  Livie lib. 4.
• * 1.267

  The effects of it.
• (a) 1.268

  Lege A. Gellium. l. 4. cap. ult.
• (b) 1.269

  Lib. 7. c. 22.
• (c) 1.270

  Liv. lib. 39. Cicero de Legib. l. 3.
• (d) 1.271

  Idem ad Attic. Ep. 1. & Joti passim.
• (e) 1.272

  Liv. lib. 42. Festus in voce Produit. ubi meminit Legis censoriae. vid.
• (a) 1.273

  Asconius Pedianus in Orat. Ciceronis cont. L. Piso∣nem.
• (b) 1.274

  I•• Divinat.
• * 1.275

  The various fortune of the Censorship.
• * 1.276

  Diod. lib. 54. pag. 527.
• * 1.277

  Sueton. in Au∣gusto.
• * 1.278

  Idem in Domi∣tiano.
• * 1.279

  Trebellius.
• * 1.280

  Consule Bodi∣num de Repub. lib. 6. cap. 1.
• * 1.281

  Liv. l. 5.
• * 1.282

  Lege Liv. l. 4. Val. Max. lib. 5. cap. 3. Exemp. 2. & Lib. 6. c. 3. Exemp. 1. Florum lib. 1. cap. ult. Ciceron. pro domo sua & pro Milone.
• * 1.283

  Sp. Maelius his attempt for the Soverainty blasted.
• * 1.284

  The Tribunes seek to re∣venge his death by bringing in Tribunes Mili∣tary again. The second Opima Spolia.
• * 1.285

  In Romulo & Marcello.
• * 1.286

  In Voc. Opi∣ma Spolia.
• * 1.287

  After four courses of Consuls Tri∣bunes Military again.
• * 1.288

  Consuls a∣gain.
• * 1.289

  Tribunes Mili∣tary again.
• * 1.290

  A passage shewing the excellency of Monarchy.
• * 1.291

  Consuls.
• * 1.292

  Tribunes Mili∣tary.
• * 1.293

  Consuls.
• * 1.294

  Tribunes Mili∣tary.
• * 1.295

  Consuls.
• * 1.296

  Disturbances made by the Tribuni Plebis, the Grand Popular Ty∣rants.
• * 1.297

  Tribunes Mi∣litary.
• * 1.298

  The first Ple∣beian a∣mongst the Tribunes Mili∣tary.
• * 1.299

  Furius Camil∣lus.
• * 1.300

  Plutarch in Camillo.
• * 1.301

  Made Dicta∣tor.
• * 1.302

  Surprizeth Veii.
• * 1.303

  Incurreeth the displea∣sure of the multitude, for hindring the separation of Patritians and Plebei∣ans, and o∣therwise.
• * 1.304

  He goeth in∣to exile.
• * 1.305

  The Galls be∣siege Clusium.
• * 1.306

  Defeat the Romans at Alia.
• * 1.307

  Come to Rome which is for∣saken all but the Capitol.
• * 1.308

  A. M. 3615. Ol. 97. an. 3. V. c. 364. Artax. Mnem•• 15.
• * 1.309

  Camillus made Dictator.
• * 1.310

  Overthrow∣eth them & rescueth Rome.
• * 1.311

  Hindereth the multitude from depart∣ing to Veii.
• * 1.312

  Livius lib. 6.
• * 1.313

  Plutarch in Camillo.
• * 1.314

  Manlius thrown from the Tarpeian Rock.
• * 1.315

  Wonderfull Sedition and confusion a∣bout the Con∣sulship.
• * 1.316

  Camillus the fifth time Di∣ctator again overthroweth the Galls at the River A∣niene.
• * 1.317

  Unheard of Seditions.
• * 1.318

  Procure to the Commons the Consulship, and the Offi∣ces of Praetor and Aedilis Curulis to the Patritians.
• * 1.319

  Lib. 3. cap. 18.
• * 1.320

  What the Cu∣rule Chair was
• * 1.321

  What the Praetorship.
• (a) 1.322

  Praetor di∣ctus qui praeiret jure & exercitu. A quo Lucilius, Ergo Praetorum est praeire. De Ling. Lat. lib. 4. p. 22.
• (b) 1.323

  Vide Cap. hujus Sect. 1. Paragr. 1.
• (c) 1.324

  Veteres enim omnem Magistratum cui pareret ex∣ercitus Praeto∣rem appellave∣runt unde & Pretorium ta∣bernaculum ejus dicitur, & in castris porta Praetoria, & hodie quoque praefectus pra∣torio.

  Asconius Pe∣dianus in Ver∣rem de Praetura urbis.
• * 1.325

  Liv. Lib. 7.
• * 1.326

  The many al∣terations in the Roman Government.
• * 1.327

  Camillus with many others dieth of the plague.
• * 1.328

  M. Curtius.
• * 1.329

  Torquatus.
• * 1.330

  Corvinus.
• * 1.331

  A Plebeian Dictator made which causeth great discontent.
• * 1.332

  Strabo l. 5. p. 228. c.
• * 1.333

  In Florio l. 1. c. 16.
• * 1.334

  The War with the Sam∣nites.
• * 1.335

  In Florio l. 1. c. 16.
• * 1.336

  Decius Mus devoteth him∣self.
• * 1.337

  A. M. 3666. Ol. 110 an. 2. V.C. 415. Ochi 23. Philippi 22.
• * 1.338

  Lib. 9. cap. 13.
• * 1.339

  The Latines overthrown.
• * 1.340

  The very con∣stitution of the State changed.
• * 1.341

  All Latium subdued.
• * 1.342

  The Rostra at Rome whence so called.
• * 1.343

  War with the Privernates.
• * 1.344

  A. M. 3675. Ol. 122. an. 3. V. C. 424. Darii 7. Alexandri 7.