Chapter 12

[Sidenote: B.C. 328 (_a.u._ 426)] 8. ¶With reference to the inhabitants of Privernum the Romans made no enquiry, asking them what they deserved to suffer for such conduct. The others answered boldly: "Whatever is suitable for men who are free and desire so to continue." To the next question of the consul: "And what will you do if you obtain peace?" they replied: "If we are granted it on [Sidenote: B.C. 426 (_a.u._ 426)] fairly moderate terms, we will cease from disturbance, but if unendurable burdens are placed upon us, we will fight." Admiring their spirit they not only made a much more favorable truce with them than with the rest [lacuna] (Mai, p.158.)

[Frag. XXXIII]

[Sidenote: B.C. 325 (_a.u._ 429)] 1. [From the address of the father of Rullus.] Be well assured that penalties most unfitting in such cases, while they destroy the culprits under sentence, who might have been made better, are of no avail in correcting the rest. Human nature refuses to leave its regular course for any threats. Some pressing fear or violence of audacity together with courage born of inexperience and rashness sprung from opportunity, or some other combination of circumstances such as often occurs unexpectedly in the careers of many persons leads men to do wrong. And these men are of two classes,--such as do not even think of the punishments but heedless of them rush into the business before them, and such as esteem them of no moment in comparison with the attainment of the ends for which they are striving.

Consistent humanity, however, can produce an effect quite the opposite of that just now mentioned. Through the influence of a seasonable pardon the criminals frequently change their ways, especially when they have acted from brave and not from wicked motives, from ambition and not from baseness. For it should be noted that a reasonable humanity is a mighty force for subduing and correcting a noble soul. As for the rest, they are, without resistance, brought [Sidenote: B.C. 325 (_a.u._ 429)] into a proper frame of mind by the sight of the rescue. Every one would rather obey than be forced, and prefers voluntary to compulsory observance of the law. He who submits to a measure works for it as if it were his own invention, but what is imposed upon him he rejects as unfitting for a freeman. Furthermore it is the part of the highest virtue and power alike not to kill a man,--this is often done by the wickedest and weakest men,--but to spare him and to preserve him; yet no one of us is at liberty to do that without your consent.

It is my wish at length to cease from speaking. What little spirit I have is weary, my voice is giving way, tears check my utterance and fear closes my mouth. But I am at a loss how to close. For my suffering, appearing to me in no doubtful light, does not allow me (unless you decide otherwise) [Footnote: A clause that in the MS. has faded out is represented here by Boissevian's conjecture.] to be silent, but compels me, as if the safety of my child were going to be in accord with whatever I say last, to speak even further as it were in prayers. (Mai, p.159.)

[Sidenote: B.C. 325 (_a.u._ 429)] 2. The name and form of the office with which he was invested he shrank from changing, and when he was intending to spare Rullus,--for he observed the zeal of the populace,--he wished to resist him somewhat before granting the favor and to alter the attitude of the young men, so as to have his pardon come unexpectedly. Therefore he contracted his face, and darting a harsh frowning look at the populace, he raised his voice and spoke. The talking ceased, but still they were not quiet: instead, as generally happens in such a case, what with groaning over his fate and whispering one to another, in spite of their not uttering a single word they gave the impression that they desired the rescue of the cavalry commander. Papirius seeing this, in fear of their possibly taking hostile action, relaxed the extremely domineering manner which he had assumed (for purposes of their correction) in an unusual degree, and by showing moderation in the rest of his actions brought them once more to friendship and enthusiasm for him, so that they proved themselves men when they met their opponents. (Mai, p.160. Zonaras, 7, 26.)

3. ¶The Samnites after their defeat at the hands of the Romans, made proposals for truce to the Romans in the city. They sent them all the Roman captives that they held, together with the property of a man named Papius, [Footnote: _Papius Brutulus_.] who was esteemed among the foremost of his race and bore the entire responsibility for the war; his bones, since he anticipated them in committing suicide, they scattered abroad. Yet they did not obtain their peace; for they were regarded as untrustworthy and had the name of making truces according to events merely for the purpose of cheating any power that conquered them: hence they not only failed to obtain terms, but even brought a relentless war upon themselves. The Romans while accepting their prisoners voted to make war upon them without announcement. (Ursinus, p.374. Zonaras, 7, 26.)

[Sidenote: B.C. 321. (_a.u._ 433)] 4. Among the many events of human history that might give one cause for wonder must certainly be reckoned what occurred at this time. The Romans, who were so extremely arrogant as to vote that they would not again receive a herald from the Samnites in the matter of peace and hoped moreover to capture them all at the first blow, succumbed to a terrible disaster and incurred disgrace as never before; the others, who to begin with were badly frightened and thought the refusal to make peace a great calamity, seized their camp and entire force, and sent them all under the yoke. So great a reverse of fortune did they suffer. (Mai, p.161. Zonaras, 7, 26.)

5. Benefits lie rather within the actual choice of men and are not brought about by necessity, or by ignorance, or anger, or deceit, or anything of the sort, but are performed voluntarily by a willing and eager condition of spirit. And for this reason it is proper to pity, admonish, instruct those who commit any error and to admire, love, reward those who do right. Whenever men act in both of these two ways, it is decidedly more befitting our characters to remember their better than their less correct deeds. [Footnote: Sections 5, 6, and 7 appear to come from various speeches delivered at the Caudine Forks; section 8, however, is from the speech of Herennius Pontius.] (Mai, p.535.)

6. ¶Quarrels are checked by kindness. The greater the pitch of enmity to which a man has come when he unexpectedly obtains safety instead of severity, the more readily does he hasten voluntarily to abandon the quarrel and to acknowledge gladly the influence of kindness. B.C. 321 (_a.u._ 433) As in a random host of persons at variance from divers causes those who have passed from friendship to enmity hate each other with the more intense hatred, so in a random host of persons kindly treated do those who receive this considerate treatment after a state of strife love their benefactors the more. Romans, accordingly, are very anxious to surpass in war and at the same time they honor virtue; for this reason, compelled in both regards by their nobility of spirit, they verily earn the right to surpass, since they take pains to recompense fair treatment fairly, and even beyond its value. (Mai, p.161.)

7. For it is right to pride one's self upon requiting those who have done some wrong, but to feel more highly elated over recompensing such as have conferred some benefit. (Mai, p.536.)

8. ¶All men are by nature so constituted as to grieve more over any insults offered them than they rejoice over benefits conferred upon them: therefore they show hostility to persons who have injured them with less effort than they require for aiding in return persons who have shown them kindness; hence also they make no account, when their own advantage is concerned, of the ill reputation they will gain by not taking a friendly attitude toward their preserver, but indulge a spirit of wrath even when such behavior runs counter to their own interest.

Such was the advice he gave them out of his own inherent good sense and experience acquired in a long life, not looking to the gratification of the moment but to the possible regret of the future. (Mai, p.162.)

9. ¶The people of Capua, when the Romans after [Sidenote: B.C. 321 (_a.u._ 433)] their defeat arrived in that city, were guilty of no bitter speech or outrageous act, but on the contrary gave them both food and horses and received them like victors. They pitied in their misfortune the men whom they would have not wished to see conquer on account of the treatment those same persons had formerly accorded them. When the Romans heard of the event they were altogether possessed by doubt whether to be pleased at the survival of their soldiers or whether to continue displeased. When they thought of the depth of the disgrace their grief was extreme; for they deemed it unworthy of them to have met with defeat, and especially at the hands of the Samnites, so that they could wish that all had perished; when they stopped to reflect, however, that if such a calamity had befallen them all the rest as well would have incurred danger, they were not sorry to hear that the men had been saved. (Mai, p.162. Zonaras, 7, 26.) 10. ¶It is requisite and blameless for all men to plan for their own safety, and if they get into any danger to do anything whatsoever so as to be preserved. (Mai, p.163.)

11. ¶Pardon is granted both by gods and by men to such as have committed any act involuntarily. (Ib. Zonaras, 7, 26.)

12. Dio in Book 8: "I both take to myself the crime and admit the perjury." (Bekker, Anecd. p.165, 13.)

13. Dio in Book 8: "For in all such matters he was quite all-sufficient to himself." [Footnote: This is thought to refer to L. Papirius Cursor or possibly to Q. Fabius Maximus. Cp. Livy, X, 26.] (Ib. p.124, 1.)

14.[Sidenote: B.C. 321 (_a.u._ 433)] ¶The Samnites, seeing that neither were the oaths observed by them nor gratitude for favors manifested in any other way, and that few instead of many were surrendered, thus making void the oaths, became terribly angry and loudly called upon the gods in respect to some of these matters: moreover, they brought the pledges to their attention, demanded the captives, and ordered them to pass naked under the same yoke where through pity they had been released, in order that by experience they might learn to abide by terms which had been once agreed upon. The men that had been surrendered they dismissed, either because they did not think it right to destroy guiltless persons or because they wished to fasten the perjury upon the populace and not through the punishment of a few men to absolve the rest. This they did, hoping as a result to secure decent treatment. (Mai, p.163. Zonaras, 7, 26.) 15. ¶The Romans so far from being grateful to the Samnites for the preservation of the surrendered soldiers, actually behaved as if they had in this suffered some outrage. They showed anger in their conduct of the war, and, being victorious, treated the Samnites in the same way. For the justice of the battle-field does not fit the ordinary definition of the word, and it is not inevitable that the party which has been wronged should conquer: instead, war, in its absolute sway, adjusts everything to the advantage of the victor, often causing something that is the reverse of justice to go under that name. (Mai, p.163. Zonaras, 7, 26.)

16.[Sidenote: B.C. 321 (_a.u._ 433)] ¶The Romans after vanquishing the Samnites sent the captives in their turn under the yoke, regarding as satisfactory to their honor a repayment of similar disgrace. So did Fortune for both parties in the briefest time reverse her position and by treating the Samnites to the same humiliation at the hands of their outraged foes show clearly that here, too, she was all-supreme. (Mai, p. 164. Zonaras, 7, 26.)

[Sidenote: B.C. 319 (_a.u._ 435)] 17. ¶ Papirius made a campaign against the Samnites and having reduced them to a state of siege entrenched himself before them. At this time some one reproached him with excessive use of wine, whereupon he replied: "That I am not intoxicated is clear to every one from the fact that I am up at the peep of dawn and lie down to rest latest of all. But on account of having public affairs on my mind day and night alike, and not being able to obtain sleep easily, I take a little wine to lull me to rest." (Mai, ib.)

18. ¶ The same man one day while making the rounds of the garrison became angry on not finding the general from Præneste at his post. He summoned him and bade him hand the axe to the lictor. Alarm and consternation at this was evident on the part of the general, and his fear sufficed. Papirius harmed him no further but merely gave orders to the lictor to cut off some roots growing beside the tents, so that they should not injure passers-by. (Mai, ib.)

19. ¶ In numerous cases instances of good fortune are not at all constant, but lead many aside into paths of carelessness and ruin them.[Footnote: Cp. Livy, IX, 18, 8.] (Mai, p. 165.)

[Sidenote: B.C. 310 (_a.u._ 444)] 20. ¶ The men of the city put forward Papirius as dictator, and fearing that Rullus might be unwilling to name him on account of his own experiences while master of the horse, they sent for him and begged him to put the common weal before a private grudge. And he gave the envoys, indeed, no response, but when night had come (according to ancient custom it was quite necessary that the dictator be appointed at night), he named Papirius and secured by this act the greatest renown.(Valesius, p. 585.)

[Sidenote: B.C. 296 (_a.u._)] 21. ¶ Appius the Blind and Volumnius became at variance each with the other: and it was owing to this that Volumnius once, when Appius charged him in the assembly with showing no gratitude for the progress he had made in wisdom through Appius's instruction, answered that he had indeed grown wiser and was likewise ready to admit it, but that Appius had not advanced at all in matters pertaining to war. (Mai, p. 165.)

[Sidenote: B.C. 296 (_a.u._ 458)] 22. ¶ As regards the prophecy the multitude was not capable for the time being of either believing or disbelieving him.[Footnote: I.e., Manius, an Etruscan.] It neither wished to hope for everything, inasmuch as it did not desire to see everything fulfilled, nor did it dare to refuse belief in all points inasmuch as it wished to be victorious, but was placed in an extremely painful position, as it were between confusion and fear. As each single event occurred they applied the interpretation to it according to the actual result, and the man himself undertook to assume some reputation for skill with regard to the foreknowledge of the unseen. (Mai, p. 165. Cp. Zonaras, 8, 1.)

[Sidenote: B.C. 293 (_a.u._ 461)] 23. ¶ The Samnites, enraged at what occurred and deeming it highly disgraceful to be defeated, resorted to extreme daring and folly with the intention of either conquering or being utterly destroyed. They assembled all their men that were of military age, threatening with death all that should remain at home, and they bound themselves with frightful oaths to the effect that no man should flee from the contest but should slaughter any person that might undertake to do so. (Mai, ib. Zonaras, 8, 1.)

[Sidenote: B.C. 292 (_a.u._ 462)] 24. ¶ The Romans on hearing that their consul Fabius had been worsted in the war became terribly angry and summoned him to stand trial. A vehement denunciation of the man was made before the people,--and, indeed, he was depressed by the injury to his father's reputation even more than by the complaints,--and no opportunity was afforded the object of the attack for reply. Nor did the elder man make a set defence of his son, but by enumerating his own services and those of his ancestors, and by promising furthermore that his son would do nothing unworthy of them, he abated the people's wrath, especially since he urged his son's youth. Moreover, he joined him at once in the campaign, overthrew the Samnites in battle, though they were elated by their victory, and captured their camp and great booty. The Romans therefore extolled him and ordered that his son also should command for the future with consular powers, and still employ his father as lieutenant. The latter managed and arranged everything for him, sparing his old age not a whit, and the allied forces readily assisted the father in remembrance of his old-time deeds. He made it clear, however, that he was not executing the business on his own responsibility, but he associated with his son as if actually in the capacity of counselor and under-officer, while he moderated his temperament and assigned to him the glory of the exploits. (Valesius, p. 585. Zonaras, 8, 1.)

[Sidenote: B.C. 291 (_a.u._ 463)] 25. ¶ The soldiers with Junius who took the field along with Postumius fell sick on the way, and thought that their trouble was due to the felling of the grove. He was recalled for these reasons, but showed contempt for them even at this juncture, declaring that the senate was not his master but that he was master of the senate [lacuna] Envio [lacuna] and the [lacuna] men much [lacuna] ambition [lacuna] [Words of Postumius Megillus: Cp. Dionys. Hal. Ant. Rom. 16, [Footnote: The famous Apollonius of Tyana.]. (Mai, p. 167.)

[Frag. XXXIV]

¶ Gaius Fabricius in most respects was like Rufinus, but in incorruptibility far superior. He was very firm against bribes, and on that account did not please Rufinus, but was always at variance with him. Yet the latter chose Fabricius, thinking that he was a most proper person to meet the requirements of the war, and making his personal enmity of little account in comparison with the advantage of the commonwealth.

[Frag. XXXIV]

As a result he gained some reputation for having shown himself above jealousy, which springs up in the hearts of many of the best men by reason of emulation. Since he was a thorough patriot and did not practice virtue for a show he thought it a matter of indifference whether the State were benefited by him or through some other man, even if that man should be an opponent. (Valesius, p.586.)

[Frag. XXXV]

¶Cornelius Fabricius, when asked why he had entrusted the business to his foe, [lacuna][Footnote: See Niebuhr, Rh. Mus., 1828, p.600, or _Kleine Schriften_, 2, p.241.] the general excellence of Rufius and added that to be spoiled by the citizen is preferable to being bought and sold by the enemy. [This anecdote concerns Fabricius Luscinus, mentioned by Cicero, de orat. 2, 66, 268; Quintilian 12, 1, 43; Gellius 4, 48.]

[Frag. XXXVI]

[Sidenote: B.C. 290 (_a.u._ 464)] ¶Curius, in defence of his conduct in the popular assembly, said that he had acquired so much land [lacuna] and had hunted for so many men [lacuna] country [lacuna] [The person referred to is Manius Curius Dentatus. Cp. Auct. de Viris. Illustr., c. 33.

¶After Niebuhr, Rh. Mus. 1828, p.579.]

[Frag. XXXVII]

¶When the tribunes moved an annulment of debts, the law was often proposed without avail, since the lenders were by no means willing to accept it and the tribunes granted the nobles the choice of either putting this law to the vote or following that of Stolo, by which they were to reckon the previous interest toward the principal and receive the remainder in triennial payments. [Footnote: The opening portion of this fragment is based largely on conjectures of Niebuhr (Rhein. Mus., 1828, p.579ff.)] And for the time being the weaker party, dreading lest it might lose all, paid court to them, and the wealthier class, encouraged to think it would not be compelled to adopt either course, maintained a hostile attitude. But when the revolted [Footnote: A doubtful reading.] party proceeded to press matters somewhat, both sides changed their positions. The debtors were no longer satisfied with either plan, and the nobles thought themselves lucky if they should not be deprived of their principal. Hence the dispute was not decided immediately, but subsequently they prolonged their rivalry in a spirit of contentiousness, and did not act at all in their usual character. Finally the people made peace in spite of the fact that the nobles were unwilling to remit much more than they had originally expected; however, the more they beheld their creditors yielding, the more were they emboldened, as if they were successful by a kind of right; and consequently they regarded the various concessions almost as matters of course and strove for yet more, using as a stepping-stone to that end the fact that they had already obtained something. (Mai, p.167. Zonaras, 8,2.)

[Frag. XXXVIII]

¶When the opposite side [Footnote: The Tuscans, Senones, and Gauls appear to be meant.] saw also another general approaching, they ceased to heed the common interests of their force but each cast about to secure his individual safety, as a common practice of those who form a union uncemented by kindred blood, or who make a campaign without common grievances, or who have not one commander. While good fortune attends them their views are harmonious, but in disaster each one sees before him only matters of individual concern. They betook themselves to flight as soon as it had grown dark, without having communicated to one another their intention. In a body they thought it would be impossible for them to force their way out or for their defection to pass unnoticed, but if they should leave each on his own account and, as they believed, alone, they would more easily escape. And so, to his own party,--each one of them [lacuna] they will think that accomplishing their flight with the greatest security [lacuna] (Mai, p.167.)

[Frag. XXXIX]

[Sidenote: B.C. 283 (_a.u._ 471)] 1. The Romans had learned that the Tarentini and some others were making ready to war against them, and had despatched Fabricius as an envoy to the allied cities to prevent them from committing any revolutionary act: but they had him arrested, and by sending men to the Etruscans and Umbrians and Gauls they caused a number of them also to secede, some immediately and some a little later. (Ursinus, p.375. Zonaras, 8, 2-Vol. II, p.174, 4 sq.)

[Sidenote: B.C. 283 (_a.u._ 471)] 2. ¶The Tarentini, although they had themselves initiated the war, nevertheless were sheltered from fear. For the Romans, who understood what they were doing, pretended not to know it on account of temporary embarrassments. Hereupon the Tarentini, thinking that they either could mock [Footnote: Verb adopted from Boissevain's conjecture [Greek: _diasilloun_] (cp. the same word in Book Fifty-nine, chapter 25). at Rome or were entirely unobserved because they were receiving no complaints behaved still more insolently and involved the Romans even contrary to their own wishes in a war. This proved the saying that even good fortune, when a disproportionately large portion of it falls to the lot of any individuals, becomes the cause of disaster to them; it entices them on to a state of frenzy (since moderation refuses to cohabit with vanity) and ruins their greatest interests. So these Tarentini, too, after rising to an unexampled height of prosperity in turn met with a misfortune that was an equivalent return for their wantonness. (Mai, p.168 and 536.)

[Sidenote: B.C. 282 (_a.u._ 472)] 3. Dio in Book 9: "Lucius Valerius, [Footnote: Appian (Samnite Wars, VII, 1) gives the second name as Cornelius.] who was admiral of the Romans and had been despatched on some errand by them." (Bekker, Anecd. p.158, 25. Zonaras, 8, 2.)