had been betrayed at Veii by the generals, that the army was afterwards betrayed by the consul in the country of the Volscians, because they had escaped with impunity, that the very brave horsemen were consigned to slaughter, that the camp was shamefully deserted; Caius Julius, one of the tribunes, ordered the horseman Tempanius to be cited, and in presence of them he says, "Sextus Tempanius, I ask of you, whether do you think that Caius Sempronius the consul either commenced the battle at the proper time, or strengthened his line with reserves, or that he discharged any duty of a good consul? or did you yourself, when the Roman legions were beaten, of your own judgment dismount the cavalry and restore the fight? then when you and the horsemen with you were cut off from our army, did either the consul himself come to your relief, or did he send you succour? Then again, on the following day, had you any assistance any where? or did you and your cohort by your own bravery make your way into your camp? Did you find a consul or an army in the camp, or did you find the camp forsaken, the wounded soldiers left behind? These things are to be declared by you this day, as becomes your valour and honour, by which alone the republic has stood its ground on this day. In a word, where is Caius Sempronius, where are our legions? Have you been deserted, or have you deserted the consul and the army? In a word, have we been defeated, or have we gained the victory?"
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In answer to these questions the language of Tempanius is said to have been entirely devoid of elegance, but firm as became a soldier, not vainly parading his own merits, nor exulting in the inculpation of others: "How much military skill Caius Sempronius possessed, that it was not his business as a soldier to judge with respect to his commander, but the business of the Roman people when they were choosing consuls at the election. Wherefore that they should not require from him a detail of the plans to be adopted by a general, nor of the qualifications to be looked for in a consul; which matters required to be considered by great minds and great capacities; but what he saw, that he could state. That before he was separated from his own party, he saw the consul fighting in the first line, encouraging his men, actively employed amid the Roman ensigns and the weapons of the enemy; that he was afterwards carried out of sight of his friends. That from the din and shouting he perceived that the contest was protracted till night; nor did he think it possible, from the great numbers of the enemy, that they could force their way to the eminence which he had seized on. Where the army might be, he did not know; he supposed that as he protected himself and his men, by advantage of situation when in danger, in the same way the consul, for the purpose of preserving his army, had selected a more secure place for his camp. Nor did he think that the affairs of the Volscians were in a better condition than those of the Roman people. That fortune and the night had occasioned a multitude of mistakes on both sides:" and then when he begged that they would not detain him, fatigued with toil and wounds, he was dismissed with high encomiums, not more on his bravery than his modesty. While these things were going on, the consul was at the temple of Rest on the road leading to Lavici. Waggons and other modes of conveyance were sent thither from the city, and took up the army, exhausted by the action and the travelling by night. Soon after the consul entered the city, not more anxious to remove the blame from himself, than to bestow on Tempanius the praises so well deserved. Whilst the citizens were still sorrowful in consequence of their ill success, and incensed against their leaders, Marcus Postumius, being arraigned and brought before them, he who had been military tribune with consular power at Veii, is condemned in a fine of ten thousand asses in weight, of brass. His colleague, Titus Quintius, who endeavoured to shift the entire blame of that period on his previously condemned colleague, was acquitted by all the tribes, because both in the country of the Volscians, when consul, he had conducted business successfully under the auspices of the dictator, Postumius Tubertus, and also at Fidenæ, as lieutenant-general of another dictator, Mamercus Æmilius. The memory of his father, Cincinnatus, a man highly deserving of veneration, is said to have been serviceable to him, as also Capitolinus Quintius, now advanced in years, humbly entreating that they would not suffer him who had so short a time to live to be the bearer of such dismal tidings to Cincinnatus.
42
The commons elected as tribunes of the people, though absent, Sextus Tempanius, Aulus Sellius, Sextus Antistius, and Spurius Icilius, whom the horsemen by the advice of Tempanius had appointed to command them as centurions. The senate, inasmuch as the name of consuls was now becoming displeasing through the hatred felt towards Sempronius, ordered that military tribunes with consular power should be elected. Those elected were Lucius Manlius Capitolinus, Quintus Antonius Merenda, Lucius Papirius Mugillanus. At the very commencement of the year, Lucius Hortensius, a tribune of the people, appointed a day of trial for Caius Sempronius, a consul of the preceding year, and when his four colleagues, in sight of the Roman people, entreated him that he would not involve in vexation their unoffending general, in whose case nothing but fortune could be blamed, Hortensius took offence, thinking it to be a trying of his perseverance, and that the accused depended not on the entreaties of the tribunes, which were merely used for show, but on their protection. Therefore now turning to him, he asked, "Where were those patrician airs, where the spirit supported and confiding in conscious innocence; that a man of consular dignity took shelter under the shade of the tribunes?" Another time to his colleagues, "What do you intend doing, if I go on with the prosecution; will you wrest their jurisdiction from the people and overturn the tribunitian authority?" When they said that, "both with respect to Sempronius and all others, the power of the Roman people was supreme; that they had neither the will nor the power to do away with the judgment of the people; but if their entreaties for their commander, who was to them in the light of a parent, were to prove of no avail, that they would change their apparel along with him:" then Hortensius says, "The commons of Rome shall not see their tribunes in the garb of culprits. To Caius Sempronius I have nothing more to say, since when in office he has attained this good fortune, to be so dear to his soldiers." Nor was the dutiful attachment of the four tribunes more grateful alike to the commons and patricians, than was the temper of Hortensius, which yielded so readily to their just entreaties. Fortune no longer indulged the Æquans, who had embraced the doubtful victory of the Volscians as their own.
43
In the year following, when Numerius Fabius Vibulanus and Titus Quintius Capitolinus, son of Capitolinus, were consuls, nothing worth mentioning was performed under the conduct of Fabius, to whom that province had fallen by lot. When the Æquans had merely showed their dastardly army, they were routed by a shameful flight, without any great honour to the consul; therefore a triumph is refused. However in consequence of having effaced the ignominy of Sempronius's defeat, he was allowed to enter the city with an ovation. As the war was terminated with less difficulty than they had apprehended, so in the city, from a state of tranquillity, an unexpected mass of dissensions arose between the commons and patricians, which commenced with doubling the number of quæstors. When the patricians approved most highly of this measure, (viz. that, besides the two city quæstors, two should attend the consuls to discharge some duties of the military service,) after it was moved by the consuls, the tribunes of the commons contended in opposition to the consuls, that half of the quæstors should be appointed from the commons; for up to that time all patricians were appointed. Against this proceeding both the consuls and patricians at first strove with all their might; then by making a concession that the will of the people should be equally free in the case of quæstors, as they enjoyed in the election of tribunes with consular power, when they produced but little effect, they gave up the entire matter about increasing the number of quæstors. When relinquished, the tribunes take it up, and other seditious schemes are continually started, among which is that of the agrarian law. On account of these disturbances the senate was desirous that consuls should be elected rather than tribunes, but no decree of the senate could be passed in consequence of the protests of the tribunes; the government from being consular came to an interregnum, and not even that without a great struggle (for the tribunes prevented the patricians from meeting). When the greater part of the following year was wasted in contentions by the new tribunes of the commons and some interreges, the tribunes at one time hindering the patricians from assembling to declare an interrex, at another time preventing the interrex from passing a decree regarding the
