amounted to a hundred and sixty-four; afterwards he made several laws which added much to the people's liberty, in particular one granting offenders the liberty of appealing to the people from the judgment of the consuls; a second, that made it death to usurp any magistracy without the people's consent; a third, for the relief of poor citizens, which, taking off their taxes, encouraged their labors; another, against disobedience to the consuls, which was no less popular than the rest, and rather to the benefit of thecommonalty than to the advantage of the nobles, for it imposed upon disobedience the penalty of ten oxen and two sheep; the price of a sheep being ten obols, of an ox, a hundred. For the use of money was then infrequent amongst the Romans, but their wealth in cattle great; even now pieces of property are called peculia, from pecus, cattle; and they had stamped upon their most ancient money an ox, a sheep, or a hog; and surnamed their sons Suillii, Bubulci, Caprarii, and Porcii, from caprae, goats, and porci, hogs.
Amidst this mildness and moderation, for one excessive fault he instituted one excessive punishment; for he made it lawful without trial to take away any man's life that aspired to a tyranny, and acquitted the slayer, if he produced evidence of the crime; for though it was not probable for a man, whose designs were so great, to escape all notice; yet because it was possible he might, although observed, by force anticipate judgment, which the usurpation itself would then preclude, he gave a license to any to anticipate the
usurper. He was honored likewise for the law touching the treasury; for because it was necessary for the citizens to contribute out of their estates to the maintenance of wars, and he was unwilling himself to be concerned in the care of it, or to permit his friends, or indeed to let the public money pass into any private house, he allotted the temple of Saturn for the treasury, in which to this day they deposit the tribute-money, and granted the people the liberty of choosing two young men as quaestors, or treasurers. The first were Publius Veturius and Marcus Minucius; and a large sum was collected, for they assessed one hundred and thirty thousand, excusing orphans and widows from the payment. After these dispositions, he admitted Lucretius, the father of Lucretia, as his colleague, and gave him the precedence in the government, by resigning the fasces to him, as due to his years, which privilege of seniority continued to our time. But within a few days Lucretius died, and in a new election Marcus Horatius succeeded in that honor, and continued consul for the remainder of the year.
Now, whilst Tarquin was making preparations in Tuscany for a second war against the Romans, it is said a great portent occurred. When Tarquin was king, and had all but completed the buildings of the Capitol, designing, whether from oracular advice or his own pleasure, to erect an earthen chariot upon the top, he entrusted the workmanship to Tuscans of the city Veii, but soon after lost his kingdom. The work thus modeled, the Tuscans set in a furnace, but the clay showed not those passive qualities which usually attend its nature, to subside and be condensed upon the evaporation of the moisture, but rose and swelled out to that bulk, that, when solid and firm, notwithstanding the removal of the roof and opening the walls of the furnace, it could not be taken out without much difficulty. The soothsayers looked upon this as a divine prognostic of success and power to those that should possess it; and the Tuscans resolved not to deliver it to the Romans, who demanded it, but answered that it rather belonged to Tarquin than to those who had sent him into exile. A few days after, they had a horse-race there, with the usual shows and solemnities, and as the charioteer,
with his garland on his head, was quietly driving the victorious chariot out of the ring, the horses, upon no apparent occasion, taking fright, either by divine instigation or by accident, hurried away their driver at full speed to Rome; neither did his holding them in prevail, nor his voice, but he was forced along with violence till, coming to the Capitol, he was thrown out by the gate called Ratumena. This occurrence raised wonder and fear in the Veientines, who now permitted the delivery of the chariot.
The building of the temple of the Capitoline Jupiter had been vowed by Tarquin, the son of Demaratus, when warring with the Sabines; Tarquinius Superbus, his son or grandson, built, but could not dedicate it, because he lost his kindom before it was quite finished. And now that it was completed with all its ornaments, Poplicola was ambitious to dedicate it; but the nobility envied him that honor, as, indeed, also, in some degree, those his prudence in making laws and conduct in wars entitled him to. Grudging him, at any rate, the addition of this, they urged Horatius to sue for the dedication and, whilst Poplicola was engaged in some military
expedition, voted it to Horatius, and conducted him to the Capitol, as though, were Poplicola present, they could not have carried it. Yet, some write, Poplicola was by lot destined against his will to the expedition, the other to the dedication; and what happened in the performance seems to intimate some ground for this conjecture; for, upon the Ides of September, which happens about the full moon of the month Metagitnion, the people having assembled at the Capitol and silence being enjoined, Horatius, after the performance of other ceremonies, holding the doors, according to custom, was proceeding to pronounce the words of dedication, when Marcus, the brother of Poplicola, who had got a place on purpose beforehand near the door, observing his opportunity, cried, "O consul, thy son lies dead in the camp;" which made a great impression upon all others who heard it, yet in nowise discomposed Horatius, who returned merely the reply, "Cast the dead out whither you please; I am not a mourner;" and so completed the dedication. The news was not true, but Marcus thought the lie might avert him from his performance; but it argues him a man of wonderful
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self-possession, whether he at once saw through the cheat, or, believing it as true, showed no discomposure.
The same fortune attended the dedication of the second temple; the first, as has been said, was built by Tarquin and dedicated by Horatius; it was burnt down in the civil wars. The second, Sylla built, and, dying before the dedication, left that honor to Catulus; and when this was demolished in the Vitellian sedition, Vespasian, with the same success that attended him in other things, began a third, and lived to see it finished, but did not live to see it again destroyed, as it presently was; but was as fortunate in dying before its destruction, as Sylla was the reverse in dying before the dedication of his. For immediately after Vespasian's death it was consumed by fire. The fourth, which now exists, was both built and dedicated by Domitian. It is said Tarquin expended forty thousand pounds of silver in the very foundations; but the whole wealth of the richest private man in Rome would not discharge the cost of the gilding
of this temple in our days, it amounting to above twelve thousand talents; the pillars were cut out of Pentelican marble, of a length most happily proportioned to their thickness; these we saw at Athens; but when they were cut anew at Rome and polished, they did not gain so much in embellishment, as they lost in symmetry, being rendered too taper and slender. Should any one who wonders at the costliness of the Capitol visit any one gallery in Domitian's palace, or hall, or bath, or the apartments of his concubines, Epicharmus's remark upon the prodigal, that
'Tis not beneficence, but, truth to say,
A mere disease of giving things away,
would be in his mouth in application to Domitian. It is neither piety, he would say, nor magnificence, but, indeed, a mere disease of
building, and a desire, like Midas, of converting every thing into gold or stone. And thus much for this matter.
Tarquin, after the great battle wherein he lost his son in combat with Brutus, fled to Clusium, and sought aid from Lars Porsenna, then one of the most powerful princes of Italy, and a man of worth and generosity; who assured him of assistance, immediately sending his commands to Rome that they should receive Tarquin as their king, and, upon the Romans' refusal, proclaimed war, and, having signified the time and place where he intended his attack, approached with a great army. Poplicola was, in his absence,
chosen consul a second time, and Titus Lucretius his colleague, and, returning to Rome, to show a spirit yet loftier than Porsenna's, built the city Sigliuria when Porsenna was already in the neighborhood; and, walling it at
