A Commentary on Livy: Books I-V

Oxford Universiry Press, Amen House, London E.C.4 GLASGOW

NEW YORK

TORONTO

MELBOURNE

WELLINGTON

A COMMENTARY ON

BOMBAY CALCUTTA MADRAS KARACHI LAHORE DACCA CAPE TOWN

SALISBURY

NAIROBI

KUALA LUMPUR

IBADAN

HoNG KONG

ACCRA

LIVY BOOKS 1-5

BY

R. M. OGILVIE Fellow of Balliol College Oxford

OXFORD AT THE CLARENDON PRESS 19 6 5

CONTENTS LIST OF MAPS ABBREVIATIONS

x XUl

INTRODUCTION Life Sources

5

Style and composition

17

Select Bibliography

22

COMMENTARY Book

I

Book

2

Book 3 Book 4 Book 5

INDEXES Persons

753

Places and Peoples

760

General

76 3

Syntax and Style

769 77 0 773

Latin Authors and Passages

ABBREVIATIONS Burck Klotz Schulze Skard Soltau Sydenham

E. Burck, Die Erziihlungskunst des T. Livius (Berlin, 1934)· A. Klotz, Livius u.s. Vorgiinger (Neue Wege z. Antike, 1941). W. Schulze, Zur Geschichte lateinischer Eigennamen (Berlin, 1904). E. Skard, Sallust u.s. Vorgiinger (Oslo, 1957). W. Soltau, Livius Geschichtswerk, seine Komposition und seine Q.,uellen (Leipzig, 1897). E. A. Sydenham, The Coinage of the Roman Republic (London, 1952).

THE PREFACE

SELECT BIBLIOGRAPHY E. BURCK, Die ErZiihlungskunst des T. Livius (Berlin, 1934) = Burck. H. V. Canter A.J.P. 38 (1917), 125-51; 39 (1918),44-64. K. Gries, Constancy in Livy's Latinity (New York, 1947) = Gries, Constancy. --A.J.P. 70 (1949), 118 £f. R. jUMEAU, R.E.A. 38 (1936),63-68; Rev. Phil. 13 (1939),21-43. W. KROLL, Studien zum Verstiindnis der romischen Literatur (Stuttgart, 1924), 351 £f. L. Kiihnast, Die Hauptpunkte der liv. Syntaxe (187 I). M. L. W. LAISTNER, The Greater Roman Historians (Berkeley, 1947). A. LAMBERT, Die indirekte Rede als kunstlerisches Stilmittel des Livius (Ziirich, 1946). A. H. McDONALD, J.R.S. 47 (1957), 155-72. R. N1. OGILVIE, The Listener, 3 November 1960, pp. 792-5. O. RIEMANN, Etudes sur la langue et la grammaire de Tite-Live (Paris, 1885). A. ROSTAGNI, Da Livia a Virgilio (Padova, 1942). W. P. SCHELLER, De Hellenistica Historiae Conscribendae Arte (Leipzig, Igl I). S. G. STACEY, Archivf Lat. Lex. 10 (1898),17 ff. = Stacey. B. L. ULLMAN, T.A.P.A. 73 (1942),25-33. R. ULLMANN, La Technique des discours dans Salluste, Tite-Live, et Tacite (Oslo, 19 2 7). - - Etude sur le sfvle des discours de Tite-Live (Oslo, 1929). P. G. WALSH, Rh. Mw. 97 (1954),97-114. - - Livy, His Historical Aims and A1ethods (Cambridge, 1961). K. WITTE, Rh. Mus. 65 (1910),270-305,359-419. A general bibliography of recent works covering all aspects of Livy's work has been compiled by K. Gries, Class. World 53 (1959), 33-40; 69-80. For the stemma of the primary manuscripts of Livy and for the sigla employed in this edition see: R. M. OGILVlE, C.Q. 7 (1957),68-81. G. BILLANOVICH, Ital. jl.,fed. e Uman. 2 (1959), 103 ff.

22

THE historian was expected to preface his volume with a prooemium in which he set out the scope and purpose of his work and advanced his own attitude to history (Cicero, ad Au. I6. 6. 4; Lucian, Quomodo Historia 52-55). The custom had been begun by Hecataeus, Herodotus, and Thucydides and had been canonized by the historians of the Hellenistic period under the influence of Isocrates and others. As the writing of history was increasingly governed by rhetorical principles, so the themes deployed in such prefaces degenerated into rhetorical commonplaces. Their aim was the rhetorical aim ofwinning the reader's goodwill by presenting the history as something worthy of his attention, as something useful and profitable. Into the basis of that utility they did not closely inquire. It was taken for granted that the statesman would learn to regulate his policy or the individual his conduct by historical example. The Romans inherited the custom from the Greeks with little change. The impersonal 'HpoOCJTOV JIALKUpV1)UUEOS or @OVKVO{01)S 1401)VULOS might give way to the more intimate ego but the content and character of the preface remained the same. The rules for its composition were formulated in handbooks (cf. Rhet. Lat. Min., p. 588. 28 Halm). L. was no exception to the fashion. In form his Praifatio corresponds to the traditional mode. Most of the arguments can be paralleled from the prefaces of his predecessors and are illustrated in the notes below. Yet it would be wrong to assume that because L. employs commonplaces he does not necessarily subscribe to them himself. A cliche need not be a lie. In such a formal context it would have been difficult, if not improper, to make radical innovations, None the less it is the novelties which tell us most about his intentions, and it is possible to form some impression of where L. disagreed with earlier historians. The closeness of Praif. 9-I I (nn.) to the language used by Sallust is proof that in writing his preface L. had his formidable predecessor in mind. In the Catiline and the ]ugurtha Sallust had adopted and in the Historiae only tangentially modified the thesis that I46 B.C. was the turning-point of Roman history. Before that date the Romans had uniformly displayed virtus, that is, they had aspired to accomplish on behalf of the state egregia facinora through bonae artes and so to win gloria; after that date, when the destruction of Carthage had removed the last externally cohesive influence on Roman morals (1. I9. 4 n.) the society was invaded by avaritia and ambitio (cupido honorum) which 23

PREFACE

PREFACE

led remorselessly to depravity (luxuria). It was not a profound thesis. Sallust was not a profound thinker. Such ideas enjoyed wide circulation in contemporary Rome. But Sallust believed in it enough to distort the facts of history to fit the strait-jacket of his philosophical scheme. L. rejects it. In assessing the decline of public morality up to his own day L. admits the emergence of avaritia but is silent about ambitio (Praif. IO) because he recognizes that whereas the opportunites for affluent living only became available in the second century, forces such as ambitio had always been at work from the very foundation of the city. By omitting ambitio L. tacitly rebukes Sallust for his over-simplified and schematic philosophy. L. had the truer historical judgement. Where Sallust tailored his material to fit his view of the historical process, L. presupposed no such determinism. For him the course of history was not a straight progression from black to white but a chequered patchwork in which good and evil had always been interwoven. Each event had its moral, but the moral was the eye round which the story could be constructed not a farther stage along a predetermined path. L.'s rejection of Sallust's thesis that ambitio was a late and decisive phenomenon, explained as it may be by the fact that Sallust's earliest efforts as an historian were confined to the events of the recent past, is interesting in another way. In it we may discern the prejudices of the man. So far as we know, L. held no public office and his ignorance of public business is disclosed by almost every page of the history. The political ambitions of the normal Roman appear never to have attracted him. ambitio or cupido honorum did not have the same sigficance for him that it did for Sallust, the tribune and pro-consul. The second singularity of the Preface is L.'s escapism. He confesses that early history appealed to him because it distracted the mind for a time from the present (Praif. 5). One may search the prefaces of other historians in vain for a similar confession, but it is very typical ofL. who elsewhere states 'mihi vetustas res scribenti nescioquo pacto antiquus fit animus' (43. 13.2). The third distinctive feature is L.'s emphasis on the magnitude of his task (Praif. 4 immensi operis; Praif. 13 tantum operis). From the very beginning L. gives the sense of being oppressed by what he has undertaken and this feeling, which must often assail his commentators as well, is cOlToborated by the anecdote that he contemplated abandoning the work when it was already well advanced (Pliny, N.H. praif. 16). It is a new note, not heard in the confident proclamations of his predecessors. Thus beneath the conventional themes and figures the Praifatio tells us much. It is the preface of a small man, detached from affairs, who writes less to preach political or moral lessons than to enshrine

in literature persons and events that have given him a thrill of excitement as he studied them. See also the Introduction, p. 3. For the preface see H. Dessau, Festschrift O. Hirsclifeld, 461 ff.; G. Curcio, R.I.G.I. I (1917),77-85; E. Dutoit, R.E.L. 20 (1942), 98-I05; L. Amundsen, Symb. Oslo 25 (1947), 31-35; L. Ferrero, Riv. Fil. 27 (1949), 1-47; O. Leggewie, Gymnasium, 60 (1953),343-55; K. Vretska, Gymnasium, 61 (1954), 191-203; P. G. Walsh, A.J.P. 76 (1955),369-83; H. Oppermann, D. Altsprach. Unterricht (1955),87-98; 1. Kajanto, Aretos, 2 (1958),55-63; A. D. Leeman, Helikon 1. 28 ff. For similar prefaces cf., e.g., Hecataeus, F. Gr. Hist. I F I; Herodotus I. I ; Thucydides I. I ; Ephorus, F. Gr. Hist. 70 F 7-9; Polybius I. 1-5; Tacitus, Hist. I. I.

3. principis terrarum populi: cf. Herodotus 1. 1. et ipsum: for the use of et ipse cf. 7. 4, 12. 3,46. 2. The marginal me added by the correctors of M and 0 results from the misplacing of me in the following sentence. nobilitate: of L.'s predecessors among historians, Q. Fabius Pictor was a senator (Polybius 3. 9. 4), L. Cincius Alimentus a praetor (26. 23. I), A. Postumius Albinus consul (Polybius 35· 3· 7), M. Porcius Cato consul and censor, L. Calpurnius Piso consul and censor, L. Coelius Antipater a nobilis (Cicero, Brutus I02), C. Licinius Macer

24

25

Praef.

I

The Reasons for Undertaking a Subject already treated by Many and Distinguished Authors 1. facturusne operae pretium sim: confirmed by Quintilian 9· 4· 74 who says that the corrupt order facturusne sim operae pretium, found in N, had already gained currency by his own day. The true order gives a dactylic opening (T. Livius hexametri exordio coepit) which seems to have been a fashionable affectation; cf. Tacitus, Annals I. I urbem Romam a principio reges habuere. It lends no support to Lundstrom's belief that L.'s opening words are a quotation from Ennius (Eranos, 15 (1915), 1-24). The reflection on the worth-while nature of the task is a conventional way of beginning (3. 26. 7 n.; see Fraenkel, Horace, 81). See also M. Muller's n. a primordio urbis: cf. Sallust, Hist. fr. 8 M. nam a principio urbis ad bellum Persi Macedonicum. res populi Romani: cf. Sallust, Hist. fr. I M. res populi Romani . .. militiae et domi gestas composui: Catiline 4. 2. 2. cum veterem tum volgatam : cf. Xenophon, H.G. 4. 8. I. For the alliteration cf. Plautus, Epid. 350. novi semper scriptores: for this and (3) in tanta scriptorum turba cf. Sallust, Hist. fr. 3 M. nos in tanta doctissumorum hominum copia. aliquid allaturos: cf. Cicero, de Off. 1. 155.

Praef.6

PREF ACE

PREFACE

tribune and praetor. Only of L. Cassius Hemina is nothing known. Even Valerius Antias came from a service family (see above, p. 12) and Q. Aelius Tubero belonged to a family distinguished in the public service (Cicero, Brutus I 17; Pomponius, Enchiridii 40). L. might, therefore, well feel abashed at venturing into such company. For the general sentiments cf. Martial, Praif. I. It was more usual to denigrate the incompetence and dishonesty of foregoing authors (5 n.). eorum me . . . meo: the reading of N is sure.

that his sources for the earliest Roman history were directly the poets but rather that the material which was transmitted about it was more suited for poetical than historical treatment.

Praef. 3

The Magnitude

if the

Undertaking

4. praeterea: a second reason for bridling at the prospect of writing Roman history. Not merely have so many important men turned their hands to it before but the task is daunting in itself. This view seems unique to L. The Unpalatability if Early History voluptatis: cf. Thucydides I. 22.4; Tacitus, Annals 2.88. L.'s allusion to the current fashion for contemporary history (haec nova) may be an

oblique reference to Sallust or to his relations with Pollio and Timagenes (see above, p. 4). 5. nostra ... aetas: notice the hyperbaton which is not poetic (H. J. Muller) but emphatic. L.'s distaste for his own times could not be more strongly stated. tantisper: I. 3. I, 22. 5 but avoided thereafter: 'a wee while'. The colloquial character of the word is seen in the fact that Cicero uses it in racy letters (ad Au. 12. 14.3; ad Fam. 9. 2.4) and in a quotation from Terence (de Fin. 5. 28; Tusc. Disp. 3. 65) whereas Caesar, Sallust, Virgil, Tacitus, and Lucretius eschew it altogether. It is common in Plautus and Terence. [tota] illa mente: there are no good grounds for deleting tota which was read by N: cf. Cicero, pro Cluent. 190; Phil. ro. 23. The only matter for doubt is its position. N's order, prisca tota illa mente, involves a harsh interlacing which cannot be satisfactorily paralleled. Perhaps 17"s emended order (illa tota), accepted by Weissenborn, H. J. Muller, Bayet, and Ernout, should be followed. avertam: the novelty of L.'s escapist attitude is disclosed by the care which Curtius, living a generation later, took to rebut it (ro. 9, 7): ut ad ordinem a quo me contemplatio publicaejelicitatis averterat redeam. curae ... a vero: the regular claim of historians for which cf. Hecataeus I F I ; Thucydides I. 22.2; Sallust, Hist. fr. 6 M. neque me diversa pars in civilibus armis movit a vero; Catiline 4. 2 ; Tacitus, Annals I. I. posset: for the tense cf. I. 26. ro, 35· 3, 9. 29. ro. The Indifference to Prehistoric History

6. decora: for the thought cf. Thucydides 26

I. I.

3. L. does not imply

7. miscendo humana divinis: as recommended by Cicero, de lnv. for securing the favourable attention of readers. Interest in the Moral Aspects

I.

23

if History

L's interest in human conduct is not, like Sallust's, didactic or philosophical but psychological. The behaviour and reactions of men fascinate him as such, while the work of the gods he is ready to rationalize, abbreviate, or by-pass (cf., e.g., his treatment ofNuma (I. 18-2 I); the omission of the Dioscuri (2. 19-20)). 9. mores . .. viros: the collocation recalls Ennius, Ann. 500 V. moribus antiquis res stat Romana virisque but the terms had long passed into the political vocabulary (see Earl, Political Thought if S~l~ust, 4 ff.). artibus domi militiaeque: cf. Plautus' humorous definrtron of bonae artes (virtutes) as quae domi duellique malejecisti which shows that there was a familiar equation of bonae artes and domi duellique bene jacta (Asin. 558 fr.). labente . . . desidentes; cf. Sallust, Hist. fr. 16 M. 'ex quo tempore maiorum mores non paulatim ut antea sed torrentis modo praecipitati: adeo iuventus luxu atque avaritia conrupta ut merito dicatur genitos esse qui neque ipsi habere possent res familiares neque alios p,ati'. The similarity extends not only to the thought but to the phrasmg as the italicized words display. There is doubt about the exact text. N read labente . . . diss(discM)identis. labente can be defended by comparison with Cicero, Phil. 2. 51 labentem et prope cadentem rem publicam. The metaphor will be of a large object beginning to slip downhill and gathering momentum for the final plunge. So in Sallust. Even ifit were not at variance with the metaphor implied by labente, dissidentis would call for comment since dissido is only found in the perfect (Fraenkel, Thes. Ling. Lat. s.v.) and discido is always transitive (cf. Lucretius 3. 659). dissidentis would, therefore, have to come from dissideo 'fall apart, disagree'. The accepted emendation is desidentes 'subsiding', already proposed by the early humanists; cf. Cicero, de Div. I. 97: other writers only use the word literallv. Elsewhere, however, L. writes labante egregia disciplina (36.6. 2) and Cicero tota ut labet disciplina (de Fin. 4.53), whereas disciplina labitur would be unique here. I think that Gronovius's labante must be read. If so, the metaphor is not of a slipping body but of a house tottering, breaking up, and collapsing and dissidentes, describing the disunity and disintegration of the mores, seems an appropriate word (cf. Seneca, Benif. I. ro. 3; Epist. 18. 2, 56. 5; Dial. 7. 8. 6). Ratherius so understood it, glossing discordantes.

PREFACE

PREFACE

Praef. 9

nec vztza nostra nec remedia: cf. 34. 49. 3; Plutarch, Cato min. 20; Josephus, B.]. 4. 9. I I. The conventional character of the expression might lead us to see in it a general reference to opposition to Augustus' solution of Rome's disorders by personal government; cf. Tacitus, Annals I. 9. 4. But the connexion between moral, especially sexual, laxity and political disaster was made in very similar terms by Horace in Odes 3. 24 intactis opulentior and Odes 3. 6 delicta maiorum at much this date (soon after 28 B.C.). In 28 B.C. Augustus had attempted to introduce moral legislation enforcing marriage by law and invoking penalties on immorality (Propertius 2. 7), but had been driven by opposition to withdraw it and was only able to renew the attempt in 18 B.C. and A.D. 9. It is hard, therefore, to doubt that Livy, like Horace, is referring to the failure of that legislation. See Syme, Harvard Studies in Class. Phil. 64 (1959),42-3; G. W. Williams, ].R.S. 52 (1962), 28 ff. The Usefulness of History

In parenthesis L. pays formal tribute to the moral value of history, a regular T07TOS deriving from Thucydides I. 22. 4 and given an exclusively moral application by Hellenistic historians (cf. Polybius 1. 1. 2, 2. 61. 3; Diodorus 1. 1. 4; Sallust, ]ugurtha 4· 5; Tacitus, Annals 3.65. I; Agr. 46.3). For L. the moral content is less important than the literary opportunity thereby provided. See Introduction, p. 18.

The Invocation ofthe Gods

Such invocations, although regular at the commencement of great affairs (22.9.7,38.48. 14,45. 39· ro) and at the s~art of~oe~s (e;g. Homer, Theognis, Ennius, Virgil: for the formulaIc opemng 10K Ll~os dpXwf-Lw(}a see Gow on Theocritus 17. I), were ~?t made by earh~r historians. Besides conventional piety L.'s deCISIon reflects on hIS attitude to his task. He saw himself as a creative artist, as a poet rather than a researcher.

2. 3 n. in inlustri posita monumento : the general sense is clear-'history offers

examples ofevery sort of conduct'-but the precise force ofthese words is disputed (Foster, T.A.P.A. 42 (1911), lxvi). They have been taken to mean '(examples) enshrined in conspicuous historical characters' (Haupt, Greenhough) but this does not suit the context which is concerned more with history in general rather than historical personages! (cf. in cognitione rerum). I would take monumento to refer to history as such, the history of a nation- 'examples set in the clear record of a nation' . The Remarkable Character of Rome

11. amor: cf. Polybius 1. 14. 2: Philinus and Fabius SOKOlJaL .•. f-LOL 7Tapa7T/o..~aW1J TOrS EpwaL.

nulla . .. maior; cf. Thucydides I. I. 3. civitatem: there is no need to delete the word as an interpolation after res publica (Novak); for such repetition of ideas cf. 2. 28. 3, 5. 2. 8,

ro. 1. 4. avaritia luxuriaque: Sallust dated the moral crisis at Rome to the destruction of Carthage in 146 B.C. (Catiline 7-9; ]ugurtha 41. 2). His

28

II

date is lower than that given by most authors who tended to sele~t a turning-point in the first half of the century, Piso fixing O? I?4 (Plmy, NoH. 17.244), Polybius on 168 (31. 25. 3, 6. 57· 5), and LIVy s annahstic source on 187 (39.6. 7). They were agreed :hat the c~u~al f~ctors were the contact with Greek material prospenty, the ehmmatron of an external menace, and the opportunities for individual Romans ~o acquire wealth. avaritia brings luxuria in it~ :rain. ~part f:om the omISsion of ambitio L. does not dispute the tradItIOnal dIagnOSIS fully set out by Sallust (Catiline 10-12). . . For avaritia and luxuria contrasted with paupertas and parstmonza cf. 34.4. 2- 13 (Cato's speech). The terms are conventional rhetoric.

10. hoc illud esse: 5.

7TE7T01J(}~1JaL n

Praef.

29

FOUNDATION OF ROME

ROOK I THE first five books were planned and published as a unity, and Book I stat~s the overall theme-the greatness of Rome. Rome was a great Clty both as a physical entity and as a world-power. From the very ou~set L. stresses the strength of the city (9. I iam res Romana adeo erat .valz~a; cf. I I. 4, 2 I. 6) and reiterates its increasing size (8. 4 crescebat znterzm urbs; c£ ~. ro, 30 . 1,33.9,35. 7,37. 1,44. 5). Rome earl~ became and remamed a great city. And corresponding to her ph~sIcal g~eatness was an imperial greatness. Rome was to be, as L. IS at pams to repeat, caput rerum (16. 7, 45. 3, 55. 6). Book .1 also adumbrates the other themes which form the dominant threads m the later four books. Book 2 is preoccupied with the nature and 1?rob.lems ?f libertas. Already in 17. 3 we are given a foreboding of thIs (lzbertatlS .dulcedine nondum experta; c£ 46. 3, 48. 9, 56. 8). The consequence of lzbertas, as of free enterprise, is discordia as is illustrated by the events of the latter half of Book 2 and as is already hinted in 1. 17: I or 1. 42. 2. A free society requires for its preservation the exer.c~se by individual citize?s of the social virtues. To give way to avantza and to scorn modestza must entail the disruption of society .(Praif. I I n.): This is clearly seen in the course of Book 3; and the way IS prepare~ m Book I where Ancus Marcius' pillaging (35. 7) is in contrast wI.th R?mulus' forbearance (15.4). It is in modestia and the corresl?or:dmg vI~tue of moderatio, the theme of Book 4, that the last Tarqu,m IS egregIOusly deficient. Book 5 is shot through with pietas: Rome s success depends both on divine will and on her own observance o~d~vine ordinance. In many ways this was a daring and novel theme. DI:me causality had been. ban.ished fr~m history since Herodotus / (?Icero, de .Orat. 2. 63) b~t m remtroducmg it L. caught the mood of hIs generatIOn. Once agam he foreshadows it in Book I. Aeneas like Camillus, is afatalis dux (1.4) and Rome is founded under the guidance of the f~tes (7. ~5). Much attention is given to the desirability of perfo~mg due ntes.and ceremonies (18. ro, 19. 7,36.6) for only so can dIvme co-operatIOn ?e. secured. L.'s own attitude to the gods and the. alle~e~ stones of theIr mtervention on earth is often sceptical and ratI~nahs~Ic (4. 2 n.). He will offer a naturalistic interpretation sideby-sIde wIth a miracle. The st~ucture of the book is dictated by the length and character o~ t?e ~eIgns of the. kings. Tradition .had already given each king a dIstmctIve personalIty before the phIlosophies of constitutional history began to press them into the moulds of /l-ovapx£a, fJaa£AHa, or 30

7vpavv£s. L. accepts the general philosophy of deterioration. Tullus and Ancus are decadent counterparts of Romulus and Numa. Each is singled out for some one particular quality: Romulus for military expertise, Numa for the creation of the religious observances of peacetime, Tullus for ferocity, Ancus for the ceremonies of war; and the comparison between them is expressly drawn (22. 2 (Tullus) ftrocior ... quam Romulus; 32. 5 Numa in pace religiones, a(bAnco) bellicae caerimoniae). As Numa founded divine law, so Servius Tullus founds the social order (42. 4). superbia characterizes the last Tarquin. Thus each section within the book has its own place within a general framework and the corresponsion between the two halves of the book gives the whole a symmetrical shape.

. The Foundation

if Rome'

/ The Facts There ~re a few traces of Chalcolithic and Bronze Age settlement at Rome, chiefly from the Esquiline, which may correspond to the legends about Sicels and Aborigines but the first extensive evidence comes from the middle of the eighth century. A series of post-holes have been found on the two ridges of the Palatine, the Palatium and the Cermalus, which can be dated stratigraphically and by the pottery associated with them, which is characteristic of the Early Iron Age, to c. 750. Contemporary with this earliest community at Rome was a cemetery in the Forum. Excavations have shown that both cremation and inhumation were practised. The ashes were regularly placed in a small urn in the shape ofa hut which was stored with other utensils in a large funerary jar. The hut urns correspond precisely with the plan as it can be reconstructed of the Palatine huts whose memory was also preserved in the casa Romuli. The primitive culture of the Palatine community is found at the same period elsewhere in Latium, particularly at Alba Longa. It is a regional variant of the Villanovan culture which was widespread throughout Italy in the eighth century. Little can be hazarded about the ethnic origins of these earliest inhabitants. The linguistic character of the Latin language has suggested to some that they were a wave ofIndo-European immigrants who came from Central Europe c. 1000 B.C. and who found their abode in Latium about 800 B.C. The community was a resident nucleus of shepherds and swineherds. Very shortly after the first huts had been built on the Palatine and the first graves sunk in the Forum, other gr01JS settled on other hills of Rome. Cemeteries have been found in e Esquiline and the Quirinal, which imply the existence ofv~":lgl" ommunities on those hills as well. The excavations on the Quirinal were significant in that

FOUNDATION OF ROME

FOUNDATION OF ROME

they disclosed only inhumation-graves, a fact which lends colour to the traditional belief that the inhabitants of the Quirinal were of different racial origin from the inhabitants of the Palatine and that the mixture of inhumation and cremation to be found in the Forum results from the gradual fusion and intermingling of the Latins and an offshoot of the Osco-Umbrians, the Sabines. Many of the oldest names at Ro~e appear to be Sabine, and Latin demonstrably contains many Sabme words. The duality is to be seen in the formal title populus Romanus Q,uirites. In summary it can be said that a settlement had existed on the Palatine from pre-historic times, that it expanded in the middle of the eighth century, that soon afterwards the Quirinal was settled by a different, possibly Sabine, community, that the two communities together with others on other hills gradually coalesced, and that the process of synoecism was completed by the draining of the Forum and the building ofa market-place c. 625-575. The salient points ofRoman tradition are thus vindicated:.All the attendant details and legends tell nothing about the actual hIstory of Rome but much about how that history was written and how it came to be regarded. ' The archaeological evidence is most conveniently to be found in the three volumes ofE. Gjerstad's Early Rome. The best general introduction in English is R. Bloch, The Origins of Rome in the series Ancient Peoples and Places, published by Thames and Hudson. See also E. Gjerstad, Legends and Facts of Early Roman History, 6 ff.

riv.alry with his brother and the aggressive militarism which contrasts so abruptly with the piety of his successor, correspond to no historical aetuality. They represent a peculiarly Roman form of myth much older than Rome which belong to the very core of Indo-European thought. Romulus and Remus are Cain and Abel or Jacob and Esau. Romulus and Numa are Varuna and Mitra or Uranus and Zeus. The detailed biography with which the name of Romulus was clothed was made up from a series of myths most of which are aetiological in nature explaining objects and monuments and ceremonies. Many have been supplemented from the resources of Greek mythology. They are studied individually in their place. The legend of Aeneas can be more closely determined. Scattered groups of migrants from Greece or Asia Minor may well have touched the coast of Latium in the seventh and sixth centuries but the first connexion of Aeneas with central Italy is revealed by statuettes from Veii, Greek vases from Etruria and Spina, and on Etruscan scarabs all portraying Aeneas carrying his father on his shoulders and all dating from the end of the sixth century. The first literary allusion to Aeneas in Italy occurs a century later (D.H. 1. 47-48. I = Hellanicus, F.Gr. Hist. 4 F 31 Jacoby) but it is possible that the tradition was already known to Stesichorus if the Tabula Iliaca, which depicts Aeneas departing with his father and the sacra II" T~V 'Eu7Tf,ptav is based on Stesichorus. The route by which the legend reached Italy is not certain. Weinstock conjectured that it was mediated through Sicily. More recently Bomer has argued that it came with the Phocaeans when they fled to the west c. 540. The important point is that it was a Greek view imposed on Italy. The Greeks attributed to heroes of the Greek world the discovery and settlement of the communities of the west with which they had dealings. Diomede, Evander, and, above all, Ulysses provided pedigrees in their wanderings. Aeneas found a home in the Etruscan world and in particular at Rome. Initially the Aeneas story was widely spread in Etruria. It became localized at Rome partly because the Greeks already recognized in the Romans of the early fifth century those same qualities of pietas which distinguished Aeneas and partly because of the accidental occurrence of a pre-Indo-European place name Troia on the coast near Rome (I. 3 n.). The legend represented the changing image of Rome, first as seen through Greek eyes, then in relation to her position in Latium and Italy, finally as the adversary of Carthage. Simultaneously a more mechanical process was at work synthesizing the conflicting stories of Romulus and Aeneas and devising relationships which would coordinate the two incompatibles. These early stages are not germane, for it was only when Eratosthenes fixed a date for the Fall of Troy

-The Leg;~d;I

Tw'o mutually exclusive legends, of Romulus and of Aeneas attend the foundation of Rome. Of these Romulus was the older and the more deep-rooted; it is assumed in an official Roman dedication at Chios of c. 225 B.C. The legend of Aeneas became current\in the sixth century and represents the view which the Greeks of that time took of Rome. It was left to later historians to effect a synthesis ofthe two. Romulus is the eponymous founder of Rome. The suffix -ulus is Etruscan and denotes a KTLUT~": Caeculus is the mythical founder of Praeneste. In the earliest legends he is variously associated with Latinus, the eponymous hero of the Latins, who had penetrated Greek consciousness as early as Mesiod (Theog. 101 I). In one version Latinus was the father of Rhome and Rhomylos.:Jn another Latinus had a sist~r Rhome and was himself the founder of Rome.•In yet another Latmus had a daughter who married Italus from whom Rhomos was born. ~l these accounts say no more than that Rome was founded by the Latins. Equally the two dominant facts about the personality of Romulus as they materialized in later telling, the antagonistic 32

814432

33

D

FOUNDATION OF ROME

FOUNDATION OF ROME

that the chronological gap between Aeneas and Romulus the founder of Rome became manifest and required bridging. It is probably that both Fabius Pictor and Ennius were aware that a prolonged sojourn at Alba was required if Aeneas and Romulus were to be retained in the tradition but Cato, who calculated the interval between the Fall of Troy and the foundation of Rome as 432 years (fr. 17), was the first to fill the gap with circumstantial events drawn from local traditions. His version may be briefly summarized. Latium was inhabited by Aborigines under King Latinus. Aeneas, landing with his father Anchises (fl'. 9), founded Troia (fr. 4). Latinus granted him an area of 2,700 iugera and the hand of his daughter Lavinia (frr. 8, II) and the united peoples adopted the name of Latins. The Trojans, however, dishonoured the treaty by embarking on a foray (fl'. 10). In disgust, the Latins (Aborigines) turned to Turnus the king of Rutulians who nursed a grievance against Aeneas for marrying Lavinia (fr. 12). In the resulting war both Latinus and Turnus were killed, while Aeneas disappeared from human sight. Aeneas' son Ascanius, now called from his beard Iulus, killed Mezentius who had come to Turnus' aid and ruled over the city of Laurolavinium (frr. 9, 10, II). During the disturbances Lavinia had fled to the woods, where she bore a son Silvius. Thirty years after the Trojan arrival in Italy Ascanius handed Laurolavinium over to Lavinia and Silvius his halfbrother, and himself founded Alba Longa (fr. 13). Finally he transferred Alba Longa also to Silvius who thus became the father of the dynasty of Alban kings, the last of whom, Numitor, was father of a daughter variously known as Ilia, Rhea, or Silvia. It was she who was the mother of Romulus and Remus. The Alban king-list did violence to history in order to preserve a literary chronology. Rome was not the late-born offspring of Alba Longa. The two villages shared a contemporary culture. Nonetheless Cato's account of early Roman history became the st~dard vulgate from which later writers only diverged to assert their individuality. It finds typical expression in the elogium of Aeneas from Pompeii (fnscr. Ita!. 13 no. 85 : there were elogia of Aeneas and the Alban kings also at Rome), or in the numerous versions assembled by D.H. The surviving fragments of Cassius Hemina (fr. 2), Sisenna (fr. 2), and Sempronius Tuditanus (fr. I) show no disagreement of substance. We know of several minor modifications. The Aemilii substituted an Aemilia for Rhea Silvia (Plutarch, Romulus 2). Others doubted the paternity of Romulus (D.H. I. 77). Varro added religious and antiquarian refinements. It is to this late stage in the synthesis of the legends that the two authorities which L. consulted belong (I. 6 n., 3. 2 n.). Unlike Virgil, who appears to have relied on the epic tradition created by Naevius and

Ennius rather than the Catonian, L. followed recent historians (3. 8 n.). There is no trace of Ennius in his account. Since nothing survives of Valerius Antias' or Licinius Macer's treatment of the Trojan prehistory of Latium, L.'s sources cannot be certainly identified. The only significant idiosyncrasy is that in L. Ascanius is the son of Aeneas and his second wife, Lavinia, and Silvius is the grandson not the son of Aeneas. The principal modern works on the subject are J. Perret, Les Origines de la Legende Troyenne de Rome, reviewed by Momigliano, ].R.S. 35 (1945) 99- 10 4; F. Bomer, Rom und Troia, 1955; A. Alfoldi, Die Troian. Urahnen d. Romer, 1957; see also P. Ducati, Tito Livio e Ie origini di Roma. The thesis that L. is dependent upon Ennius is maintained among others by W. Aly, Livius und Ennius; M. Chio, Riv. Fil. Class. 29 (1951), 1 ff.

1. 1-3. The Legend of Antenor Nothing is known historically or archaeologically about the Euganei who were supposed to inhabit in classical times the sub-alpine regions above the Po valley. A number of inscriptions from the Val Camonica dating from later than c. 500 n.c. have been adduced as evidence of the Euganean language, for Cato ap. Pliny, N.H. 3. 134 listed the Camunia as part of the Euganean people. The language is Italic, having a closer relationship with the Latin-Faliscan group than with the Osco-Umbrian. This does not, however, tell anything about the ethnic or cultural character of the people since the language may well have been acquired at a late stage in their history. Indeed place-names from the region have been used to support the traditional account that the Euganei were very old inhabitants of the area who predated any Indo-European contamination. Much more is known about the Veneti (5. 33. 10). Their chief centres were Padua and Este (Ateste), where a settled culture, distinct from the Villanovan, can be traced from the tenth to the second century. The Veneti were distinguished for their metal-work and for their horse-breeding and had commercial contacts with the Creeks from before the sixth century. Their language also is now generally agreed to have had its closest affinity with the Latin-Faliscan group although its alphabet was borrowed from the Etruscans and some words have been claimed as Illyrian. The phenomena can be explained by the cultural pressures to which the Veneti were by their very situation subjected. The ethnic origin of the Veneti remains in doubt. Herodotus (I. 196) speaks of' J).,),vpLivv 'EVETO{ but the long-fashionable theory that the Veneti were a wave of migrating Illyrians is no longer accepted and cannot be supported by the widespread distribution of the name (e.g. the Venetulani in Latin, the Veneti of Armorica, the

34

35

I. I.

1-3

FOUNDATION OF ROME

FOUNDATION OF ROME

Slavonic Venidi, &c.). The traditional account that the Euganei were displaced by Venetie infiltration may be true. It is at least as likely that the two groups were originally akin culturally as well as linguistically but that the Euganei in their isolated region were gradually outstripped by the more adaptable and progressive Veneti. The connexion of Antenor and his Eneti with the Veneti belongs, however, not to history but to Greek romancing about the Adriatic. It is natural that it should be as old as the commercial penetration of the area by the Greeks and hence there is no difficulty in believing that it formed the basis of Sophocles' Antenoridae (Strabo 13. 608; see Pearson, The Fragments if Sophocles, 1.86-90; it was perhaps adapted by Accius; see Polybius 2. 17.6 with Walbank's note). It is at least certain that the Antenoridae, although not necessarily Antenor, had a cult as far west as Gyrene by the fifth century (Pindar, Pyth. 5. 80-88). Initially, then, the Antenor legend represented the Greek attitude to the Veneti. I t was inspired by no more than a casual play on names (cf. Pliny, N.H. 3. 130, 6. 5; Suidas s.v. 'EVETO{: see Page on Aleman, Partheneion 5 I). Gato was perhaps the first Roman to interest himself in it and so to link the destinies of the Veneti and the Romans (fr. 42). As propaganda his work was well timed, for the Veneti were peacefully absorbed by the Romans in 184 B.C. The identification was reiterated by the geographer Polemo c. 180 B.C. (E Euripides, Hipp. 23 I) and thenceforth had a firm place in Roman history (Tacitus, Annals 16. 2 I ; Servius, ad Aen. I. 243). The linking of the two Trojan foundations in Italy through the parallel legends of Aeneas and Antenor was thus a late action. It was chiefly motivated by political considerations but folk-memory or academic research may have recalled the curious fact that however separated they might be geographically and culturally the Veneti and Latins were linguistically near kin. But for L. the legend had a special meaning. He was a Paduan and the story of his home city was thereby joined to the history of the capital city. I1ence he begins his history with Antenor not Aeneas (but see I. I n.) and takes for granted as common knowledge that Antenor founded Padua. For the history of the Veneti see Storia di Venezia I (1957); R. Battaglia, Bull. di Paletn. Italiana, 1959, with bibliography; G. Gapovilla, Miscellanea Calbiati, I. 238 ff.; for the Venetie language see M. S. Beeler, The Venetie Language; Palmer, The Latin Language, 41 ff.; for the Antenor legend see Thallon A.J.A. 28 (1924), 47 ff. ; Beaumont, ].H.S. 56 (1936), 159 ff.; Perret 157-256.

65) or the name of the subject (cf. Polybius I. 5. I; Tacitus, Annals urbem Romam; Agricola 4. I Gn. Iulius Agricola; D.H. I. 8. 9). This peculiarity led Wex to doubt whether the opening survives in its original form (Neue ]ahrb.j. Philol. 71 (1855), 123-5). He noted that Servius (ad Aen. I. 242) appeared to credit L. with having told of Aeneas' betrayal of Troy (hi enim duo (Antenor et Aeneas) Troiam prodidisse dicuntur secundum Livium; cf. Origo Centis Romanae 9. 1-2) and he observed that L. never uses iam primum to begin a paragraph (cf. 5. 51. 6, 28. 39. 5, 39· 52. 8, 40. 3· 3)· From this he concluded that a sentence or sentences had been lost. But L.'s reason for not naming Rome at the very beginning is that he gives pride of place to his native district of Padua and iam primum is not strictly the opening for it follows on from the general introduction contained in the Praifatio. satis constat: implying that L. has consulted more than one authority (48 . 5, 5· 33· 5, 37· 34· 7)· vetusti: Antenor had entertained Menelaus and Odysseus when they came to Troy (Iliad 3. 207 with E) and had recommended the surrender of Helen (Iliad 7. 347 ff. ; Horace, Epist. I. 2. 9). The earliest versions do not associate Aeneas in these negotiations but cf., e.g., Quintus Smyrn. 13. 291 ff. 1. 2. et sedes: the sense is that they had lost their homes because they had been driven out of Paphlagonia and their leader because Pylaemenes had been killed. Pylaemene: cr. Iliad 2. 851, 5. 576. 1. 3. Troia: so also Steph. Byz. S.v. Tpo{a. The same place-name is better attested on the coast of Latium (I. 4; Gato fr. 4; Paulus Festus 504 L.; D.H. I. 53. 3; Servius, ad Aen. I. 5,7· 158,9.47). An Etruscan oinochoe from Gaere depicting a labyrinth has the inscription Truia and the very primitive military rite at Rome was known as the lusus Troiae. Stephanus glosses the name by xapaf, This evidence, whether it be coupled with the name of old Troy itself or not, has been taken to indicate that Troia was a pre-Indo-European term, used as a placename, meaning a fortified place (Rehm, Philologus, Supp. Band, 24 (1932), 46 ff.). When once the Greeks began to spread the Trojan legend to Italy they naturally attached it to similar names. The Latian Troia is to be sited at or near Zingarini.

I. I.

1-3

I. I. 1

I.

I. I

1. 4 - 3. Aeneas and the Alban Kings

1. 1. iam primum: the opening of the history is unusual. The conventional practice was to state at the outset the name of the historian (cf. the openings of Herodotus and Thucydides: see Gow on Theocritus

1. 4. maiora: by enallage with rerum. jatis: 4. I n. Macedoniam: the old town of Rakelos in Macedonia-Thrace changed its name to Aineia (Herodotus 7. 123. 2; Lycophron 1236 with E) and issued coins of Aeneas carrying Anchises, on his shoulders (Head,

36

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FOUNDATION OF ROME

FOUNDATION OF ROME

Historia Numorum, 214). The change is perhaps to be associated with Pisistratid control of the area (Aristotle, :4B. 770/... 15. 2; see Ath. Tribute Lists I. 465). The connexion of name was, however, longstanding in the district (cf. Ainos) and taken with Iliad 20. 303 ff.,

tion of defeat and the Romans the infamy of aggression, doubtless gained currency from the late fourth century when the foundation legend was invoked to improve relations with the Latins. It is in substance the version of Cato, Virgil (7. 170 ff.), and Varro (cf. D.H. I. 57-60, 64). The first version, which makes Aeneas the aggressor is, like the dismissal ofJulian pretensions in 3.2 (n.), anti-dynastic.

Laurentinum: at I. 4 N read Laurentem, which has the authority here against 77'S Laurentinum. L. uses neither form elsewhere. 1. 9. penates: I. 10 n. 1. 10. Lavinium: identified by inscriptions (C.1.L. 14. 2067-8) with the modern Pratica di Mare. The relation of the ager Laurens and the people known as Laurentes to the city of Lavinium was obscure even in classical times. No town of Laurentum is attested in inscriptions, itineraries, or historical sources (but cf. Steph. Byz. S.v. .!.lvT€£a), but the adjective Laurens denotes a people as early as the first Carthaginian treaty (Polybius 3. 22. I I with Walbank's note: apEJlT{vWV as emended) and the Arician League (Cato fr. 58 P.) In classical inscriptions it is almost invariably linked with Lavinas (C.I.L. 14. 2070-8) and always from the site of Laviniurn. It is thus scarcely to be believed that there existed in classical antiquity a town of Laurenturn distinct from Lavinium. The proles biformis Laurolavinium cited only by Servius (ad Aen. I. 5, 4. 620, 6. 760, &c.) is an antiquarian invention. Further Lavinium lay in the ager Laurens (Obsequens 73; Val. Max. 1.6. 7), a coastal strip some 14 miles long adjoining the land ofArdea. Thus either Laurens was the name of the people, Lavinium of the city (cf. the populus Ardeatis Rutulus in the Aricia inscription) or Lavinium absorbed at a very early date a short-lived community on a different site called Laurentum (to be sought between Ostia and Ardea; cf. C.I.L. 14. 2045 vicus Augustanus Laurentium, 7 miles from Lavinium). Both Laurentes and Lavinates figure in the list of thirty peoples given by D.H. (2. 18. 3 n.) which might be used to support the former alternative. See H. Boas, Aeneas' Arrival in Latium, 96-126, especially for the etymology of Laurentes; Philipp, R.E., 'Lavinium'. The part played by Lavinium in the development of the Trojan legend at Rome is one of the most obscure problems in Roman tradition. The Aeneas story was widely dispersed through Etruria by the end of the sixth century: it subsequently became monopolized by Rome. Alba Longa was incorporated into the story partly for mere chronological convenience to supply the gap between 1184 and 750 and partly because of the intimate cultural affinity of the two communities. In this scheme Lavinium would seem to have no place. Yet the connexion was long established. Tradition spoke of Laviniurn as being Aeneas' first foundation in Italy (Timaeus 566 F 59 Jacoby; Varro, de Ling. Lat. 5. 144) and substance for the claim is provided by the annual ceremony which Roman magistrates performed at Lavinium soon after vacating office (14.2,5.52.8). It was further claimed that the Trojan penates came to Rome from Lavinium and this has been largely confirmed by the discovery of a fifth-century dedication to Castor and Pollux at Pratica (2. 20. 12 n.). The cult ofAeneas Indiges, i.e. Aeneas as divine ancestor, which was attested at the river

38

39

r.

1.

4

suggests that the Aeneadae had come to Troy from the Balkans in the thirteenth or fourteenth century leaving traces of their passage in the place-names en route. See Malten, Archiv j. Relig.-Wissen. 29 (1931), 33 ff. Siciliam: Thucydides (6.2,3 drawing on Antiochus) called the Elymi whose chief towns were Segesta and Eryx Trojan refugees, and Hellanicus (P. Gr. Hist. 4 F 3 I) named Elymus as a companion-in-arms of Aegestus and Aeneas, though in another context saying that the Elymi came from Italy (4 F 79 b with Jacoby's note). Their culture was characterized by elements which were more Phoenician than Greek, lending colour to the belief that they reached Sicily from the East before the Greeks (details in Dunbabin, The Western Greeks, 336-7). The specifically Trojan origin may have been devised, or at least published, by Stesichorus of Himera and inspired by the cult of Aphrodite Aeneias at Eryx (D.H. I. 53). The Aeneas story was rooted in Sicily at the end of the sixth century and Sicily was a possible channel by which it could have reached Rome. Laurentem: I. 10 n. tenuisse: sc. cursum 'he had held course with his fleet to the land of the Laurentes', cf. 31. 45. 14; for classe cf. 36.7. 15. L.'s use of tenere is, however, awkward here so close to two places where it is used in the meaning 'inhabit' (I. 3 eas tenuisse terras; I. 5 ea tenebant loca). Frigell proposed deletion.

1. 5. Aborigines: the inhabitants of Latium were known to Hesiod as Latini. The Aborigines (ab origine) figure first in Callias (P. Gr. Hist. 564 F 5 a and b) apparently because the introduction of the Aeneas legend entailed that the Latins could not have been an autochthonous race but must have been the result of the fusion of Ttojan and native (aboriginal) stock (Cato frr. 9-1 I P.). Thereafter they remained a constant element in the story (for Lycophron's BOpE{yOVOL cf. Zielinski, Deutsch. Philol. 189 I, 41; de Sanctis, Storia, I. 173; Kretschmer, Glotta 20 (1932), 198). 1. 6. duplex: the second version, which spares the Latins the humilia-

1. 1.

FOUNDATION OF ROME

FOUNDATION OF ROME

Nllmicius near Lavinium (Fabius Pictor fro 4 P.; Naevius ap. Macrobius 6.2.31) has recently been confirmed by a fourth-century cippus found at Tor Tignosa 5 miles inland from Lavinium and inscribed LARE AINEIA D(ONOM) to be of comparable antiquity with the Lavinian Penates (Guarducci, Bull. Commun. 76 (1956-8) 3 ff.; Weinstock, ].R.S. 50 (1960), 114-18). Now the cult ofAeneas never reached Rome, although the legend did, and the explanation of the role played by Lavinium in the Trojan origins of Rome may lie in the significance of that fact coupled with the peculiar nature of the Roman Penates. In one form the Penates certainly reached Rome from Lavinium but the word penates must originally have designated the gods of the penus rather than either di patrii or national protectors like the Dioscuri. The basic meaning is in accord with their association with Vesta (D.H. 8. 41. 3; Cicero, Har. Resp. 12). They were the gods of the store-house and are to be recognized in the primitive statuettes found buried with hut urns in the earliest graves at Rome and Alba. At some point therefore a synthesis must have taken place which converted the primitive penates into the complex and manifold deities with their Trojan links which are familiar in classical times, and that synthesis must have been made in the period 520-480 B.C. That is precisely the period when Rome became mistress of the neighbouring towns of Latium including Lavinium. The hegemony implicit in the first Carthaginian treaty is finally regularized by the treaty of Sp. Cassius. Rome developed the Aeneas myth so that it became centred on her while leaving a transient, if memorable, part for Lavinium; whereas in fact it was Lavinium with the nearby Troia which had been the first place in Latium to take up the myth seriously and to claim Aeneas and the Trojans as ancestors. Lavinium retained the honour as the foundation of Aeneas and as the first home of the Penates and throughout historical times was accorded appropriate respect by the Romans, but it had become a mere resting-point on the Trojan path to Rome. The bibliography is very extensive but is usefully assembled by Weinstock, R.E. 'Penates' and ].R.S., loco cit., and Bomer, Rom und Troia. 1. n. Ascanium: 3. 2 n.

2. 1. Tumus rex Rutulorum: for the name Turnus see 50. 3 n., for the Rutuli see 57. I n. The addition of Turnus and, above all, of Mezentius to the Aeneas saga is later than and dependent on the synthesis of the Lavinian and Roman tradition analysed above (I. Ion.), although it was firmly settled by the time ofCato (cf. Servius, ad Aen. I. 267) and admitted only of minor adjustments such as the insertion of the dream-oracle found in D.H. I. 57 and Virgil, Aeneid 7. 81 ff.

which was designed to mitigate Latinus' discourtesy in rejecting Turnus in favour of Aeneas as suitor for his daughter's hand. The Etruscan name of Tumus and his Etruscan sympathies have no place in an eighth-century context and in particular the detailed history of Mezentius' fate was evidently modelled on the Fall ofVeii, where the king like Mezentius was impious and detested and met his match at the hands ofajatalis dux (Aeneas, Camillus). The name Mezentius, not elsewhere attested, represents a modernized spelling of an Etr. Medior Mess- with a Latin termination. 2.3. Caere: 60.2,4.61. I 1,5.40. 10, the modern Cervetri, situated on a tongue of tufa rock, 30 miles north of Rome and 3t miles from the coast on which it had a port, Agylla. Its position with access to the sea secured it prosperity from the earliest times: the oldest tombs are dated to C. 700. Caere would, then, have been in existence in this legendary period but that is all that can be said. For the remains see R. Mengarelli, Mon. Ant. Ace. Lincei 42 (1955), 4 ff. ; Maule and Smith, Votive Religion at Caere; for the history, Sordi, I Rapporti Romano-Ceriti. nimio plus: 2. 37· 4 n. 2. 5. implesset: 5· 33· 7 n. 2.6. iusjasque est: the phrase (cf. 3. 55. 5, 7. 6. II, 31. 2, 8. 10. I, 23· 12. 15,45· 33· 2; 23.42.4 sijas est dici) reflects the well-known liturgical formula by which the many names and appellations of a god are summarized (see Fraenkel on Aeschylus, Agamemnon 160). Thus although there was no actual cult of Aeneas at Rome there is no cause to doubt the text with Schadel. Aeneas was worshipped as a ifpws in the Greek world, in Macedonia, Zacynthus, Ambracia, and Segesta, and the literary evidence for his worship by the river Numicius (Naevius ap. Macrobius, 6. 2. 31; Fabius Pictor fr. 4 P.) is :confirmed by the dedication to Lar Aineas recently found at the nearby Tor Tignosa and by the elogium set up in his honour at Pompeii in which he is styled Indiges Pater. L. implies that Aeneas was worshipped there under a variety of names and we have explicit evidence for two other titles in addition to Juppiter Indiges mentioned by L. in this passage and by Servius, ad Aen. I. 259: Indiges Pater (see above; Origo Centis Romanae 14. 4) and Aeneas Indiges (Varro, Ant. 15 fro 12; Virgil, Aeneid 12.794; Martianus Capella 6. 637: see Weinstock, ].R.S. 50 (1960),117). Numuum: Numicus and Numicius are found indiscriminately (Schulze 481). The identification of the Numicius with the Rio Torto which runs from the Alban hills to the coast between Lavinium and Ardea is certain (B. Tilly, ].R.S. 26 (1936), 1-12). The manuscripts offer a straight choice between Jluvium (M) and Jlumen (7TA). While certain principles Seem to dictate his use of amnis, none can be discerned for the choice betweenJluvius andJlumen (Gries, Constancy, 21 ff.)

4°

41

1. 1. 10

1. 2. 1

6

3.

FOUNDATION OF ROME

FOUNDATION OF ROME

except that fiuvius is very much the rarer word (33: db). This phenomenon alone would incline one to prefer jluvium here were it not for the proven unreliability of M in these early chapters. fiuvius is not used by Caesar, Hirtius, Sallust, Nepos, Velleius, Valerius Maximus, or the authors of the Wars in Africa, Alexandria, and Spain. indigetem: an obscure term which must mean 'divine ancestor'. The di indigetes invoked in prayers include Sol Indiges who according to one tradition was grandfather of Latinus (Hesiod, Theogony 101 Iff.) and the Latin word is reproduced by the Greek yEvapxYJ> (Diodorus 37. I I). See further Kretschmer, Glotta 3 I (195 I ), 157 ff. ; Weinstock, loco cit.

(Dessau, I.L.S. 8770). This Julius was a staunch opponent of Marius and was killed by Cinna in 87 B.C. A political motive for the two divergent accounts in Livy follows. The one which asserted that Ascanius was the offspring of Aeneas and Lavinia, a relationship not elsewhere attested, denied by implication the high-flying claims of the gens Iulia. It is Marian propaganda and, as such, to be attributed to Licinius Macer. The alternative version is the conventional one, differing little from that given by Cato. 3.3. Longa Alba: Alba as used in the name of the mountains, the town, and the river has no connexion with the Latin albus 'white' but is a pre-Indo-European word meaning 'mountain' (cf. Alps; se? B~rtola, Zeitschr. Roman. Philol. 56 (1936), 179-88). Hence the substitutiOn of Tiber for Albula represents the victory of the Etruscan language (Thebris) over the indigenous. Alba Longa, on the site of the modern Castel Gandolfo, was a parallel foundation to Rome, being peopled by a race of the same ethnic stock and the same culture, but the cemeteries found in the neighbourhood show that it was a somewhat older settlement than Rome, although only by decades not centuries. A recent attempt to site Alba on the slopes of Mte. Cavo has no archaeological support. See Ashby, Journ. Phil. 27 (1899), 37-50; I. G. Scott, Mem. Amer. Acad. Rome, 7 (1929), 2 I ff.; F. Dionisi, La Scoperta Topographica. 3. 4. Lavinium: sc. conditum which Harant would supply but cf. for the zeugma 21. 34. I, 28.42. 8. triginta: L. omits the famous prodigy of the sow with 30 piglets, which was said to have appeared to Aeneas, presumably because he regarded it as a piece of superstitious gullibility. Th~ l.egend began as an aetiological explanation of the league of 30 Clties (Lycophron 1253 ff.; Pliny, N.H. 3. 69). It has been conjectured that it sprang from a misinterpretation of the pre-Indo-European place-name Troia (1. 3. n.) as 'sow', a meaning which the word troia possesses in late vulgar Latin. In any case the prodigy is old. It reflects a primitive economic situation when Rome was no more than a community of swineherds. Rome, anxious to reduce the standing and prestige of the 30 cities, succeeded in proposing a new interpretation by which the 30 piglets represented, as here, the thirty-year interval between the founding of Lavinium and Alba Longa (cf. Alcimus, F. Gr. Hist. 560 F 4; Fabius Pictor fr. 4 P.; Varro, de Re Rust. 2. 4. 18; de Ling. Lat. 6. 14 1 ff.; see Ehlers, Mus. Helv. 6 (1949), 166 ff.; Sordi 168-9)· 3. 5. Albula: cf. Varro, de Ling. Lat. 5. 29 ff.

I. 2.

3. 2. haud ambigam: L. betrays clearly that he has consulted two sources, one of which maintained the identification of Ascanius and lulus the ancestor of the gens Iulia and another which denied or ignored it. The history of the question can be traced. Ascanius, who is an unobtrusive figure in Homer, acquired importance with his brothers in the post-Homeric tradition as the surviving inheritors of the Trojan kingdom. He rules over the Daskylites (Hellanicus) or Ida (Demetrius of Scepsis; cf. Steph. Byz. S.v. aUKav{a; Mela 1. 92) or Troy itself (D.H. 1. 53. 4). Originally his mother was called Eurydice but Creusa-the name familiar from Virgil (Aeneid 2. 666; see Austin on Virgil, Aeneid 2. 795)-was at a later but unascertainable date substituted. His brothers are equally fluid. The Verona scholiast on Aeneid 2. 717 mentions Eurybates and Servius, ad Aen. 4· 159 Dardanus and Leontodamas but there is no firm tradition about any of them. When Aeneas moved west Ascanius accompanied him (cf. Sophocles, Antenoridae). So it was natural to believe that Ascanius was the ancestor of the founder of Rome. Chronological considerations which inserted Alba as a link in the history of Rome between the Trojan landing and the foundation of the city enabled Ascanius to have an honourable role as founder of Alba. It was doubtless aided by the family pride of the gens Iulia, an Alban family (30. 2 n.) who connected their name with Troy by the equivalence lulus = IIos and accordingly claimed that lulus was another name for Ascanius. This was an old claim, already found in Cato (fr. 9 P.). But the gens Iulia in the second century was oflittle influence and it was only in the closing years that it revived and began to exploit its claims for political ends. Sextus Julius Caesar, about 125 B.C., minted coins displaying Venus Genetrix referring to their Trojan ancestry (Sydenham no. 476) and the theme recurs in the coins of L. Julius Caesar in 94 B.C. (Sydenham no. 593). The consul of 90 B.C. made capital out of the link and took pains to publicize his patronage of the people of Ilium

42

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2

The Alban King-list

The dynasty of the Silvii was invented to span the 400 years which separated the Fall of Troy from the foundation of Rome. It occurs in many authors with minor variations (D.H. 1.71; Ovid, Met. 14.610 ff.; 43

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Fasti 4· 35 ff. ; Virgil, Aeneid 6. 767 ff. ; Diodorus 7. 5; Dio fr. 4) and will be as old as the realization of the approximate dates of Troy and Rome. The inclusion ofCapys points to a third-century date when the relations between Rome and Capua were fraught. Certainly it was to be found in some form in Fabius Pictor (fr. 5 P.) and Cato (fr. I I P.) but the exact names are not quoted before the first century. In their invention little ingenuity was displayed. They provide patron heroes for local places and a symbolic pageant of Roman history-Latinus is succeeded by Alba whose descendant is a Romulus (3. 9 n.), signifying the stages of Lavinium, Alba, and Rome. Tiberinus, Aventinus, and Capetus (= Capitolium) personify the prominent features of the city. On the other side names were selected to emphasize the Trojan origins of the people. Atys (for whom Ovid, in the Fasti, Diodorus, and Eusebius substitute Epytus; d. Iliad 2.604) is the name of several members of the Lydian royal house (Herodotus 1.7,34,94; 7· 27, 74: cf. JhTL')' Capys was also the name of Anchises' father (cf. 4· 37· I n.). Capetus (elsewhere given as Calpetus to provide a pedigree for the Calpurnii) was a suitor of Hippodameia (Pausanias 6. 2 I. 10). For the more controversial names see in detail below. Numitor and Amulius cannot be accounted for on these lines because they belonged to an early stage of the Romulus story and so were originally independent of the Alban king-list. They were incorporated in it when the Romulus legend was united with that of Aeneas. Servius (ad Aen. 8.72,330) says that L. followed Alexander (Polyhistor) in stating that the Tiber got its name from an Alban king Tiberinus who perished in it. This has been generally taken to mean that L. consulted Alexander as a source but the conclusion is neither necessary nor attractive. Alexander, a slave or freedman given the citizenship by Sulla (c. 80 B.C.), wrote an encyclopaedia of Eastern and Roman antiquities in Greek (Jacoby, F. Gr. Hist. 273). The obscurity of the author, the unsuitable lay-out of his work, the unfamiliarity of his language, the unoriginality of his technique, all make him a most improbable authority for L. to have used. It is now general1y admitted that L. can only have consulted him, ifat all, for the specific detail about Tiberinus (3.8) and not for the Alban king-list as a whole. Yet even so such a procedure is at variance with all that we know of L. 's method of work. If Servius is correct in attributing this version of the name of the Tiber to Alexander, I prefer to believe that L. learnt it not at firsthand from Alexander but through an intermediary. Since it was argued above that the main source of the chapters was not Licinius Macer who is quoted only in criticism, it is natural to think of another admirer of Sulla's who wrote after Alexander and would have had both occasion and inclination to consult his workValerius Antias.

For the king-list see Trieber, Hermes 29 (1894), 124 ff.; Schwartz, A.G.G.W. 40 (1894), 3 ff.; Bomer on Ovid, Fasti 4· 39 ff. 3. 6. Silvius: was probably inspired by the character of the landscape of early Latium, traces of which survive in the names silva Arsia, silva Malitiosa, &c. It is not plausible, with Sundwall (Klio I I (1913),250), to connect it with the Asiatic name I){).,{3o,. casu quodam in silvis natus is the product of later romanticism. 3. 7. Prisci Latini: the casci Latini of Ennius. The name is not ancient but stems from the Latin settlement of 338, when the need arose to distinguish between the title 'Latin' with its juridical implications which then came into force and the earlier ethnic term 'Latin'. The colonies here referred to, which comprised the area between the Anio and the Tiber, are equally anachronistic. See Sherwin-White, Roman Citizenship, 9 ff. 3. 8. Arys: Epytus in Ovid (Fasti) , Diodorus, and Eusebius, emphasizing the Trojan lineage (Iliad 2. 604). Tiberinus: the eponymous hero of the Tiber had been cast in other roles besides that of an Alban king. He had been an aboriginal, killed by Glaucus, an Etruscan, a Latin, or a son of]uppiter who fell in battle near the river (Servius, ad Aen. 8. 72, 330). 3. 9. Agrippa: the original name is likely to have been Acrota (Ovid, Met. 14. 6 17; from uKpo-alluding to the arx as Capetus alludes to the Capitol) which was then rationalized to Agrippa. Agrippa as a name was originally a praenomen descriptive of the manner of birth (Pliny, N.H. 7.45) and as a cognomen was later in vogue among the Furii and Menenii. But the only Agrippa of note between the early Republic and the Empire was M. Vipsanius Agrippa and it is generally assumed that the substitution of Agrippa for Acrota was out of compliment to Augustus' general (Trieber; see Reinhold, M. Agrippa, 10 n. 38). The suggestion is not compelling. The formation of the Alban king-list belongs to the same era that gave such wide publicity to the parable of Menenius Agrippa (2. 32. 8 n.). Romulus: the name is given as Aremulus by Diodorus (7. 5. 10), Cassiodorus, Hieronymus (I. 46. 7), and the author of the Grigo Centis Romanae (18. 2). P. Burman, on Ovid, Met. 14.616, wished to read Remulus here, which is more probable than Aremulus in that it provides an attractive aetiology for the ager Remurinus (Paulus Festus 345 L.) and the Remoria (Ovid, Fasti 5. 479). Nonetheless Romulus is not only better attested; it is a necessary anticipation of the great Romulus and makes a piquant successor to Agrippa. iulmine: there was a meteorite held in great veneration on the Aventine which goes far to explaining this detail. Proca: etymologically the name is connected with proceres and Proculus and the meaning will be, 'elder, leader, prince' (Walde-Hofmann

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s.v.). It may have been chosen also for the reminiscence ofProchyte, Aeneas' kinswoman, who died en route for Sicily and gave her name to a Campanian headland (Servius, ad Aen. 9. 712).

I give only a cursory account of the birth of the founder of Rome in so far as it is directly relevant to the understanding of L.'s narrative. The subject is treated extensively in Rosenberg's articles in R.E. ('Rhea Silvia' and 'Romulus'). The primary discussion is by Mommsen, Rom. Forsehungen, 1 ff. An acute analysis, with a full bibliography of the problem, is given by C. J. Classen, Historia 12 (1963), 447 ff. Before the insertion of the Alban king-list the founder of Rome, variously named as Rhomos or Rhomylos, was held to be either the son ofAeneas (Alcimus ap. Festus 326 L.) or his grandson by a Trojan daughter (Callias ap. D.H. 1. 72; so also Ennius and Naevius according to Servius, ad Aen. 1. 273, 6. 777), who is consequentially named Ilia. Originally he was an only son but by the third century at the latest the tradition of the twins was recognized (Lycophron 1232). Originally Romulus and Remus may have been no more than the Etruscan (cf. rumIna and the gens Romilia) and Greek forms of the same name, misunderstood to give two personalities. The genealogy, therefore, is Greek and two Greek legends were grafted on to it. On 4 January 1837 Macaulay in Calcutta commented in his copy of Livy that the story of the exposure of the twins was 'very like Herodotus' account of the early history of Cyrus'. A closer parallel is the fortunes of Neleus and Pelias, sons of Tyro by Poseidon, set adrift on the Enipeus and suckled by a bitch and a mare respectively. It is an age-old explanation, like siring by the firegod (39. 1 n.), to account for the emergence of a new force without background or pedigree. The specifically Roman turn which it took was to make the foster-mother a wolf. This may be attested as early as the fourth century when an Etruscan stele from the Certosa di Bologna (Ducati, Monum. Antiehi, 20. 531) depicts a she-wolf suckling a human. It is certainly established by the early third century when the Ogulnii set up a statue of the wolf and twins (10. 23. 11-12) and the motif is figured on Romano-Campanian didrachms (Sydenham no. 6). It was evidently the theme of Naevius' play Lupus. We cannot be certain when or why the she-wolf was selected. The most probable explanation sees it as an aetiological explanation of the luperei (see note on ch. 5.). The recognition ofthe identity ofthe twins is a typically Greek avayvwptuts. Once the exposure story was accepted it became necessary to devise reasons why the royal heirs should have been so humiliated. Recourse

was again had to Greek mythology. The names of Numitor and Amlllius, unlike the other Alban kings, are not in themselves significant and so must belong to an old stratum of oral tradition. It is not fanciful to see in Numitor an echo or duplication ofNuma (3. 10 n.) and Amulius may also have been the original name of a king or chieftain later pushed into obscurity by the more etymologically satisfying Romulus (3. 10 n.). At all events, if the names survived from the earliest times (Amulius already occurs in Naevius before the Alban king-list was fabricated), the careers and characters of the two brothers are directly modelled upon the legends of Polyneices and Eteocles, so much so that some later authorities even credited Numitor and Amulius with a division of inheritance or alternation of rule (Plutarch, Romulus 3; Origo Centis Romanae 19; cf. Hellanicus 4 F 98 Jacoby). Thus motivation and circumstantial detail were acquired for the story of the birth ofRomulus and Remus. It was left to later historians to elaborate. At an early date the aetiological connexion with the fieus Ruminalis was made (4. 5 n.). Subsequent historians either embellished by intensifying the scandalous (vi eompressa) or rationalized by reinterpreting the supernatural elements in the story. One sophisticated development was the result of the schematization of Roman history to fit the Greek pattern of a developing constitution. Romulus was the ideal or typical fL6vapxos. Hence he is portrayed as a man of mental and physical accomplishment (4. 9 n.), a trait that is as old as Polybius and could be as old as Fabius Picto1'. Sensationalism was catered for by the ingenious identification first made, as we are expressly told, by Valerius Antias (f1'. 1 P.; from AuI. GelI. 7. 7. 1) of the wolf (lupa) which suckled the twins with a renowned mistress from mythology-Acca Larentia (4. 7 n.)-on the basis of the colloquial use of lupa as a synonym for meretrix (Plautus, Epid. 403; True. 657). According to the usual version she was inspired by templedreams to marry the first person that she met who would leave her his fortune. This turned out to be Tarutius, who bequeathed to her the site of Rome which she in her turn left to the new settlers. It was easy to manipulate this story. Acca Larentia was the lupa, the harlot who conceived Romulus and Remus and bequeathed to them the land on which Rome was to be built. Scepticism was served by Licinius Macer (f1'. 1 P.; from Macrobius 1. 10. 17; so also Masurius Sabinus ap. AuI. Gell. 7. 7. 8) who refined the story, explaining Acca Larentia's name (4. 7 n.) by her marriage to Faustulus and making the relationship to Romulus and Remus not that of an unmarried mother but of a nurse. Both versions are represented in L. (4. 6-7) and it would be in accord with his usual practice ifhe had directly used these two writers

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of Romulus and Remus

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as his sole first-hand sources. The story is told simply, without dramatic effects or literary touches. 3. 10. Numitorem: ef. the Etr. numeral (C.l.E. 15; see Schulze 200). Amulium: a diminutive of Ammius, commonly found in the early Empire as a nomen at Puteoli. It corresponds to the Etr. amni (Schulze 12 I). 3. 11. Vestalem: 20. 2 n.

Theseus 35; Suetonius, Claudius 13; Euripides, LA. 35 I ; Medea 67 I. forte quadam occurs at 3. 64· 4, 5· 49. 1. 4. 5. alluvie: not elsewhere found in L., but cf. [Cicero, Q:F. 3. 7. I] ; Columella 3. 11. 8; Frontinus, Strat. 2. 3. 22. Gronovius's eluvies would describe stagnant, motionless water (Tacitus, Annals 13. 57) which is incompatible with projluentem aquam. ficus Ruminalis: the Romans derived Ruminalis from the goddess

4. 1. debebatur: I. 4. Here as elsewhere L. subscribes to the view that the growth of Rome was inevitable and predetermined. The Fall of Veii like the sack of Rome or the disaster of Cannae are all spoken of as happening in accordance with the pattern laid down by fatum (~ Eip.apP.EvT)). L. does use the wordfatum in weaker senses, denoting, for example, divine oracles (ef. 5. 16. ro), but, particularly in the first decade, he commits himself to the Stoic conception of history as propagated by Posidonius. This might be mere literary conventionCasaubon drew attention to the reminiscence here of the commonplace Greek dAN EOn apa TOllTO y{vwBat-were it not for the express evidence of Seneca (Epist. 100.9) that L. also wrote philosophical and historico-philosophical works. But L.'s Stoicism was polite and unrigorous. See further Kajanto, God and Fate in Livy; Walsh, Livy, 46 ff. 4. 2. vi compressa: comprimo, of reluctant intercourse, is not elsewhere found in prose before Tacitus (Annals 5. 9) but is frequent in comedy (ef., e.g., Plautus, Aul. 28, 29, 30, 33, 689; Terence, Phormio 1018). It is unexpected here but was perhaps chosen to give point to auctor culpae honestior where culpa combines the notion of sacrilege and sexual sin (ef. Propertius 4.4.70; 1. 5. 25; Tacitus, Annals 3.24). The Vestal's rape was common and sordid: it is ennobled when a god is credited with having been responsible. seu ... seu: 6. 12. I, representing different opinions more fully summarized by D.H. 1. 77. According to one Rhea was on her way Etc; iEpOV UAaoc; J4pwc; (perhaps the lucus Martis between the first and second milestones on the Appian way (.Ejuvenal 1. 7)) when she was ravished. The juxtaposition of a natural and supernatural explanation is common in L. (4.4 n., 4· 7, 12. 7, 16. 4, 19.4, 34· 8, 51. 3: see above p. 12). 4. 4. forte quadam divinitus: the concepts of chance and providence have struck editors as alternatives (ef. Caesar, B.G. 1. 12. 6), hence Gruter's forte quadam an divinitus found favour with scholars as widely distinct as Merula and Bentley, Bauer and Madvig. But there is nothing unusual in the use offors relating to an event which is godinspired but, from the human point of view, unexpected or unforeseen. Cf. 22. 42. 10 di . .. distulere: nam forte ita evenit; Plutarch,

Rumina, a primeval goddess ofnursing, whose name is to be connected with ruma 'a breast' (Varro, de Re Rust. 2. 11. 5; Festus 332 L.; Pliny, N.H. 15. 77). Figs are often symbolical of the human breast. The figtree has a milky juice and both in Greece (the Thargelia) and in Rome (the Nonae Caprotinae) there were festivals in which the fig-tree was central but which were primarily concerned with human procreation (W. R. Paton, Rev. Arch. 9 (1907), 51 ff.; Frazer, Golden Bough, 9. 257-8; jacobsohn, Charites j. Leo, 425 ff.; van L. johnson, T.A.P.A. 91 (1960), I I I ff.; Weinstock, R.E., 'Nonae Caprotinae'). Modern critics, however, discounting the ancient view as a mere play on words, link Ruminalis with the Etruscan gentile name RumIna from which the name of Rome and the Romilii ultimately stem (Schulze 368). With the former interpretation the association of Romulus and the ficus Ruminalis will be a late and contrived aetiology based on the similarity of sound. According to the latter the association may be necessary rather than accidental and the fig-tree have been from the very beginning intimately bound up with the legend of Romulus. The former is clearly to be preferred. The sources record two distinct trees called by the name ficus Ruminalis. One lay at the south-western corner of the Palatine near the Lupercal (Varro, de Ling. Lat. 5. 54; Servius, ad Aen. 8. 90; Festus 332 L.; Pliny, N.H. 15. 77) and was said by Ovid to survive only vestigiously in his day (Fasti 2. 41 I). The other was situated in the comitium (Tacitus, Annals 13. 58). Tradition claimed that the augur Navius had miraculously transplanted the tree from the corner of the Palatine to the comitium (Festus 168 L. ; D.H. 3. 7 I ; see note on 1. 36). Only the latter will have been the true ficus Ruminalis, but it was impossible topographically for that one to have sheltered the royal twins. Hence two trees were postulated and the proximity of the real tree to the statue of Navius made it easy to dream up a magical transplantation. See Nordh, Eranos 31 (1933),85 ff.; Hadsits, Class. Phil. 31 (1936), 305 ff. 4.7. Faustulo: the shepherd of Amulius' herds who found the twins is mentioned by Varro (de Re Rust. 2. I. 9; ef. D.H. I. 79. 9; Plutarch, Romulus 6), but already on a coin of the Gracchan age, minted by Sex. Pompeius Fostlus (Sydenham no. 46 I) he is depicted standing beside the wolf suckling the twins in front of a fig-tree (the ficus Ruminalis).

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SO his place in the story is old, although his name is unaccountable. The innovation that was made after the Gracchan age was to give him as wife Acca Larentia. The character and history ofAcca Larentia have never been satisfactorily explained, and any theory is bound to be disputable. Varro (de Ling. Lat. 6. 23) writes 'Larentalia ... ab Acca Larentia nominatus cui sacerdotes nostri publice parentant', thus linking her with the rites paid at the Lar(ent) alia on 23 Decembe~ to the Lares or the deified ancestors. This has been rejected because the quantity of the a in Lares is short but of Larentia long (Ovid, Fasti 3. 55, 57), but alternating root-vowels present no obstacle (Palatium is later scanned Palatium; cf. liistrum from lil) and the coin of P. Accoleius Lariscolus (Sydenham no. 1148), figuring Acca Larentia, presupposes the connexion. Varro's identification gains support from the unusual name Acca which should be compared with Greek dKKW and Sanskrit akka 'mother'. For Acca Larentia would be none other than the mother of the Lares, Mater Larum (I.L.S. 5047-8). Certainly A.L. must be a divinity, for sacrifice in honour of a mortal would be unprecedented. The development thereafter is more easily guessed. Romulus and Remus were the ancestors of the Roman people and so, on death, became Lares par excellence. It was natural, therefore, that their (foster-)mother should be Acca Larentia, the Mater Larum, and that she came to assume a share in the functions of the wolf. This pairing of Acca Larentia and the wolf abetted by the equation lupa = meretrix led to a new tradition of Acca Larentia as the notorious whore, which is at least as old as Cato (fr. 16 P.). She is given the nickname l/>af36t..a (Plutarch) or Faula (Lactantius) , a common ETa{pa-name, is transferred to the reign of Ancus Marcius, or becomes the mistress of Hercules (Plutarch, Romulus 5; Q.R. 35; Macrobius I. 10. I I)-a fitting couple, for Hercules' amatory exploits were a match for her own. A somewhat different tale is told by AuI. GelI. 7. 7. 8 (cf. Pliny, N.H. 18. 6). It was left to Valerius Antias to take the obvious step and to substitute Acca Larentia for the wolf herself making her (Faula) the wife of Faustulus. See further Pais, Ancient Legends, 60-95; Wissowa, R.E., 'Faustulus'; Bayet, Hercule Romain, 348-9; Otto, Wien. Stud. 35 (1913), 62 ff.; Tabeling, Mater Larum, 46 ff.; Koch, Gnomon 18 (1942), 241-4; Krappe, A.].A. 46 (1942), 490 ff.; Bomer on Ovid, Fasti 3. 55; Latte, Rom. Religionsgeschichte, 92-93. datos: 9· 15· 7· 4. 9. corporibus animisque: the beau ideal, cf. Polybius 6. 5· 7 with Walbank's note; Cicero, de Rep. 2. 4. seria ac iocos celebrare : the rare use of celebrare 'to enjoy together' has led editors to read ferias for seria (Doujat, Ruperti) but the companionship of Romulus and the shepherds was not confined to public

holidays. For celebrare cf. Cicero, de Orat. 3. 197; for seria ac iocos cf. Ps.-Aur. Viet. Epit. 9. 17; Claudian 22. 165.

5. 1-2. Evander and the Luperci The Lupercalia, held on 15 February, was among the most primitive of Roman rituals. Naked patrician youths ran, not, as was once thought, round the Palatine, but up and down the Sacra Via in the Forum, armed with strips of goatskin with v/hich they hit bystanders. Three main explanations of the ceremony have been supported and judgement might be given in favour of one of them if only there could be any certainty about the etymology of the word Luperci. A. K. Michels (T.A.P.A. 84 (1953), 35-59 with references to the principal ancient and modern authorities among whom notice especially Deubner, Archivf. Relig.-Wiss. 13 (I9IO), 481 ff.), points out that the Lupercalia fell in the middle of three days of propitiation of the dead (dies parentales; cf. Ovid, Fasti 2.533-70; Varro, de Ling. Lat. 6. 13) and that the area where the Luperci ran marked the boundary of the primitive sepulcretum in the Forum. She sees the festival as intended to protect the community against the power of the dead manifesting themselves at this season in the fonn of wolves (cf., e.g., Petronius 62; Augustine, Civ. Dei 18. 17; Pliny, N.H. 8. 8 I) and the Luperci as priests who are endowed with the gift of controlling wolves or the spirits of the dead manifested as wolves (lupercus formed from lupus like noverca; so also Ernout-Meillet). A second theory, maintained by the ancients themselves (Ovid, Fasti2. 425-52 ; [Servius], adAen.8. 343 ; Livy fr.63) and championed,forexample, by K. Kerenyi (Niobe,I36-47),held that it was a fertility ceremony and that flagellation was designed to promote fertility in women. Such a theory cannot account either for the name Luperci or for the flagellation of men as well as women. The simplest hypothesis is thatreaffinned by Nilsson (Latomus 15 (1956), 133). Taking the Luperci to be derived from lupus and arceo (cf. t..VKOVpyO'), he regarded the ceremony as the natural concern of a shepherding community to avert depredations on its herds by wolves. The superstitious horror of wolves in early Rome, occasioned by economic necessity, is plain from the prodigy of 3. 29. 9. Although it seems agreed that this etymology of Luperci is inadmissible (see Walde-Hofmann; ErnoutMeillet; also Latte, Rom. Religionsgeschichte, 84-86; J. Gruber, Glotta 39 (1961 ), 273-6), none the less the recognition of the Lupercalia as a purification of the flocks is most in accord with the character of early Roman religion (cf. the Parilia) and with the ancient evidence. The Luperci may be not wolf-averters but wolf-men, who impersonate and so control wolves. With the transition from a pastoral to an urban society, the original character of the ceremony will also have undergone change, until it came to be thought of as a fertility-rite.

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Whatever its exact nature, the Lupercalia afforded the grounds for a link between Greece and Rome. The similarity of the Luperci to the c~lt of Zd, AVKaLo, in Arcadia facilitated the construction, probably III the fourth century, of the myth that the Arcadian Evander had inhabited the Palatine before the arrival of the descendants of Aeneas. Ev~nder also supplied an etymology of the name Palatium (5. I n.). It IS a purely literary invention, dating fi'om an age which wished to see Greek precedents for all things Roman and, in particular, saw the influence of Arcadia strong in Rome (Bayet, Mil. d'Arch. et d'Hist. 38 (19 20 ), 63 ff.; he argues for Magna Graecia as the intermediary of the legends). For a different view see Gjerstad, Legends and Facts, 10 ff., who agrees that the rite is of the greatest antiquity. 5 1. monte: wrongly excised by Madvig, is in apposition to Palatio (cf. Tacitus, Annals 12. 24; see Andresen, TYoch. Klass. Phil. 1916, 97 6 ff.). Elsewhere mons Palatinus is found but it was necessary to have the substantive form Palatium here in order to clarify the etymology. Pallanteo: this etymology is as old as Fabius Pictor (cf. D.H. I. 3 1 • 4, 79· 4; Pliny, N.H. 4· 20; Pausanias 8. 43.2; Servius, ad Aen. 8. 313) but it had many rivals, e.g. from a putative son of Hercules and Evander's daughter Launa (Lavinia) (Polybius 6. lla I with Walbank's note; D.H. I. 34. I; Origo Centis Romanae 5. 3; Servius, ad Aen. 8. 51; the addition of Hercules helped to justify his encounter with Cacus); from balare (Naevius ap. Varro, de Ling. Lat. 5· 53; Paulus Festus 245 L.), palare (Paulus Festus, loco cit.) or the god Pales (VeIl. Pat. 1. 8. 4; Solinus 1. 15; cf. Palatua: this etymology is defended by Vanicek and Altheim). There are, however, a number of other place-names beginning Pal- or Fal- (cf. Falerii). This points rathertoapre-Indo-Europeanrootmeaning'rock, hill' (cf., e.g., Etr. falad 'sky': see Walde-Hofmann S.V. 'Palatium'). 5. 2. Evandrum: in Greek mythology a minor Da{/LwV associated with Pan and worshipped principally in Arcadia. His ties with the Trojans were partly those of family, for he was related to Dardanus through his great-grandfather Atlas, and partly political since he had entertained Anchises on a visit to Arcadia (Virgil, Aeneid 8. 155) and had been driven from his homeland by the hostility of the Argives. It is possible that in him is preserved the dim memory of scattered Greek migrations to Italy in the tenth century (H. Muller-Karpe, Vom Anfang Roms). There was a Bronze Age settlement at Rome. !'ycaeum Pana: Pan (IIriwv- The Feeder) began as a local, pastoral deIty of Arcadia. In company with Zeus he made his residence on Mt. Lykaeus near Megalopolis from where his power continued to spread. In time of famine it was customary for Arcadian boys to whip his statue with squills (Theocritus 7. 106-8 with Gow's notes; cf. I. 123 ff.), and this fertility-rite, together with the name Lykaeus, is

sufficiently reminiscent of the Lupercalia to encourage identification. References and discussion in Farnell, Creek Cults, 5. 431-5 with nn. 149-88). Inuum: identified with Pan also by Macrobius (1. 22. 2) but with Faunus by others (Servius, ad Aen. 6. 775). Virgil mentions a Castrum Inui (near Ardea) but nothing else is known either of the place or the god. The name is perhaps pre-Italic. The identification with Pan is a clear case of interpretatio graeca.

r. 5.

1-2

52

2

5. 3-6. 2 The Recognition of the Twins The recognition scene was a staple ingredient of Hellenistic theorizing about drama (cf. Aristotle, Poetics 1452a29 ff.) and hence became an element in Hellenistic historical technique as well. Fabius Pictor who was the first Roman to give an extended account of the twins may even have been directly influenced here by Sophocles' Tyro. L.'s telling matches the dramatic pos5ibilities ofthe material. The charges are laid in two short sentences in or. obl. and Remus is handed over for instant punishment. His death is immediately expected but the suspense is maintained by two long, balancing sentences (iam ... noluerat ; forte . .. agnosceret) in which both Romulus and Numitor are apprised of the facts and undertake the rescue of Remus. The result is as final as it is unexpected-ita regem obtruncat-and the ends of the story are tied up in a model periodic sentence (6. I pres. part., cum, postquam, abl. abs.). For the first time in the History L. allows himselfa more coloured vocabulary to suit the dramatic excitement of the narrative (5. 6 nn.). 5.4. impetum: the plural, proposed by Gronovius, is needed (cf. 4. 9, 10. 3,7. 4 2 . 4)· More than one foray was the subject of the accusation. 5.5. aperiri: the active, read by Frigell, Weissenborn, and Bayet, has no authority, being found only in 7T. 5.6. fratres: Quintilian (9.4. 24) formulates the rule thatfrater should always precede geminus when both words are used, otherwise it is superfluous. It should not, however, be deleted as a gloss here because the emphasis on geminos ('he knew they were brothers: the startling news was that they were twins') requires the word-order geminos esse fratres. tetigerat: 3. 17· 3 n. eodem: 'he came to the same conclusion as Faustulus'. This is the

only meaning possible from N's text but it makes poor sense because it is refuted by the succeeding words which show that Numitor's suspicions did not in fact lead him as far as recognizing Remus. The best correction is eo demum (Perizonius). Frigell preferred Crevier's eo denique which is certainly better than eo dein (Gebhard, Lipsius) where dein is insupportable. dolus nectitur: 2]. 28. 4, elsewhere only in Seneca's tragedies (Phoen. 53

FOUNDATION OF ROME

FOUNDATION OF ROME

I I 9; Tro. 927) and Sil. Itai. 3. 234. It is no doubt meant to suggest the Greek OoAovs vrpa{vELv (cf, e.g., Iliad 6. 187).

Palatium Romulus, Remus Aventinum: the uniform tradition of authorities after Ennius (Aui. Geli. 13. 14. 5; Propertius 4. I. 50; Ovid, Fasti 4. 8 I 5 ff.; Seneca, de Brev. Vitae 13. 8; Val. Max. I. 4; Aelian, Hist. Anim. 10.22 et al.). Ennius, as also Servius, ad Aen. 3. 46, appears to preserve an earlier version which sited Romulus on the Aventine and Remus, probably, on the mons Murcus (Cicero, de Div. I. 107; see O. Skutsch, C.Q.. I I (1961),252-9). The change was no doubt influenced by the fact that the Aventine was not within the original pomerium and by the contrasted prosperity of the Palatine. It is further rebuttal of the view that L. is dependent on Ennius. templa capiunt: 18. 6 n.

I.

5. 6

6.3-7.3. The Foundation of Rome Only Ovid (Fasti. 4. 809 ff. with Bomer's note) n'J.akes any striking aepartures from the familiar account of the death of Remus and the foundation of the city. Yet the story, in common with so much of the Romulus legend, is a later invention based on Greek mythology. At bClttom is the primitive belief in the sanctity of walls (Festus 358 L.). But the evil consequences which attend contempt of walls is Greek in origin, recalling the tale of Poimandros and Leukippos (Plutarch, Q..R. 37) or Oeneus and Toxeus (Apollodorus I. 8. I; OX. Pap. 2463). Its localization at Rome, natural as it was in any case, was eased by a suggestive technical term from augury (Paulus Festus 345 L. 'remores aves in auspicio dicuntur, quae acturum aliquid remorari conpellunt'). L. gives two versions both of which are of demonstrably late date (6. 4 n.). A rationalistic account is placed side by sid~.wifuthe volgatior fama. The former, which on a priori grounds can credibly be attributed to Licinius Macer, substituted a political motive (6. 4 n., regni cupido) for a religious one. L., by temperament in sympathy with such scepticism, accepts from the vulgate only the curse (7. 2 n.) which he makes the core of the incident. It is the first of many such episodes which are made into a unity round a short piece of dramatic and characterizing speech (7.4-15,2. 10. 1-13 n.). It was a story which evidently had a contemporary message. For although the rivalry between two brothers in which the superiority of the one entailed the eclipse of the other represents an age-old theme prominent in many societies (cf. Cain and Abel), Romulus' victory was only secured by a crime and that crime offratricide continued to reassert itself throughout Roman history. The evils of the Civil Wars were seen as a legacy of Romulus' acts (Horace, Epod. 7. 17-20). Thus there was a contradiction b:;tween Romulus the fratricide and Romulus the conditor urbis, the bad man and the good. In L. the conflict is still unresolved for he depended on pre-Augustan sources, but Ovid and Virgil (Aeneid I. 292), reacting in different ways to Augustus' assertion of the Romulus motif (7. 9 n.), were at pains to minimize the crime of Romulus by emphasizing the sacrilege of Remus, by substituting Celer for Romulus as the actual murderer, and by depicting Romulus as shocked and saddened by what occurred. See Schilling, R.E.L. 38

I.

6. 4-

7. 1. duplex: the vulture belonged to the small category of augural birds, including the eagle, the immusulus, and the sangualis (Festus 214 L.; Paulus Festus 3 L.; [Servius], ad Aen. I. 394), who afforded omens by their flight. The augur considered the height, speed, and direction of the flight but nowhere else is the number of birds held to be significant, which might suggest that the whole episode is of later creation when Etruscan divination had predicted a life-cycle of 12 saecula for Rome (Censorinus, de Die Natali 17; cf. the 12 sons of Acca Larentia). When Octavian claimed to have seen 12 vultures on 19 August 43 B.C., he was asserting his connexion with Romulus. For vultures in augury see Plutarch, Q..R. 93; Pliny, N.H. 29, 112,30.130. 7. 2. sic deinde: 26. 4 n. The turn of phrase is reminiscent of the equivalent passage of Ennius, Annales 99-100 V. It is deliberately presented as an archaic-sounding formula. interfectum: notice its dramatic position.

6.4. regni cupido: 17. In., 23· 7, 34· 1,2·7· 9, 4· 46. 2. tutelae: the dative has archetypal authority and may be supported by 24. 22. 15, 42. 19. 15. Nagelsbach, following Doujat, would read quorum in tutela, Holscher quorum in tutelam.

7. 3-15. Hercules and Cacus The legend of Hercules and Cacus represents the fusion of an Italian and a Greek version of the same basic myth, the attempted purloining ofa god's cattle, which is elaborately investigated and documented by Fontenrose (Python, 339 ff. with earlier bibliography). In the Italian version, Cacus, a deity of the Palatine, entertained Geranes or Recoranus (Origo Gentis Romanae6: [Servius], adAen. 8. 203), who affronted his hospitality by stealing his cattle. Cacus, it would seem, was a deity of the underworld and the theft of his cattle symbolized an attempt to break the power of death and release the dead. The nub of the Greek legend was the attempt made by a brigand to steal Geryon's cattle as H. brought them back from Erytheia. A characteristic form of it is found in Herodotus 4.8 or in the Scholiast on Lycophron 46. It must therefore belong to one of the oldest layers of Indo-European myth, but I am disinclined to believe that the coincidence between the celebration of the KpovLa at Athens on 12 Hekatombaion and the festival

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(19 60 ), 182-99·

FOUNDATION OF ROME

FOUNDATION OF ROME

of Hercules Invictus (the name of whose opponent, Recoranus, bears a superficial resemblance to Cronos) on 12 August at the Circus Maximus is substantial evidence for a pre-Hellenic common origin of the actual cults (A. Piganiol, Hommages Grenier, 3. 1261-4). The fusion of the Greek and Italian myths was accomplished to provide an aetiology for the cult of Hercules at the Ara Maxima (5. 13· 6 n.). This was a private cult, in the hands of two gentes, the Pinarii and Potitii (7. 12 n.) and is to be distinguished from the earliest state cult of Hercules attested in the lectistemium of 399. In the former Hercules was a god of commerce, in the latter his function was that of a protector of crops. Being a Greek rite (7. 3 n.), the cult of the Ara Maxima cannot be very old. Although the claims of different places such as Tibur (Hallam, ].R.S. 21 (1931), 276 ff.) or Croton (Bayet) to have been the direct link through which Hercules came to Rome have been stoutly championed, the evidence only permits the conclusion that the cult cannot have been older than the fifth century. Given the underlying similarity, it was not difficult to graft it on to the Roman myth. Cacus' original functions were almost forgotten, so that the false equivalence Cacus = KaKOS could easily be made and Cacus turned from the hero to the villain. Greek literature provided the substance of the story (7· 4 n., 7· 5 n., 7. 7 n., 7. 10 n.). When an historical occasion was sought to localize the myth Evander 'the Benefactor' (Evav8pos) was an obvious counterpart to Cacus 'the Bad-man'. This, then, became the traditional story retailed with only minor modifications by poets from the time of Ennius and by the historians (Virgil, Aeneid 8. 185-275; Propertius 4. 9. 1-20; Ovid, Fasti I. 543-86, 5. 643-52; D.H. I. 39-42; Servius, ad Aen. 8. 190). Some accounts substituted Faunus for Evander (Derkyllos ap. [Plutarch], Moralia 315 c = F. Gr. Hist. 288. 2) and there was some difference over the sex of the cattle (7. 7 n.) and over the precise identity of the founder of the cult (7. 10 n.) but the differences are too minor to enable us to determine what immediate source L. was following. It is in the telling of the story that the interest lies. L. continues the technique which he employed for the first time in the preceding chapter of relating an episode so that it builds up to dramatic utterance in archaic and forceful language (7. 10 n.) intended to suggest remote antiquity. In that way the episode is shaped and rounded. The close resemblance, extending even to verbal details, between L. and Virgil has led many scholars to follow Stacey in believing that both authors are directly dependent on Ennius. The agreements between L. and Virgil are on matters of description which could hardly be expressed otherwise, e.g. 7. 5 caudis in speluncam traxit = 8. 210 cauda in speluncam tractos (cf. Propertius 4. 9. 12 aversos cauda traxit in antra boves). Where L. has used higWy coloured language it is

a creative method of giving character to the narrative and not derivative copying (7.4 n., 7. 6 n., 7. 10 n.). The literary skill is harnessed to a moral purpose. L. is no religious enthusiast, but the proper maintenance of cult he, like most Romans, regarded as essential for the well-being of the state. He omits the fire and smoke which in Virgil (Aeneid 8. 199) and other authors defended Cacus' cave as being too obviously fabulous for history. At the same time he stresses the piety which led to the foundation of the Ara Maxima and the devotion of the Pinarii and Potitii who maintained it. The message is conveyed in the words sacra . . .jacit (7. 3) and for L.'s audience it was bound to have a contemporary meaning. Augustus, too, was concerned to ensure the perpetuation of cult. In this, as in other ways, he was a second Romulus (7.9 n.). In addition to the bibliography cited by Fontenrose see F. Munzer, Cacus der Rinderdieb (Basel, 191 I) ; Santoro, Livio jonte di Vergilio, 1938; L. Alfonsi, Aevum 19 (1945), 357-71. 7. 3. Graeco: it is symptomatic of the Graecus ritus that the offering was made capite aperto (Varro ap. Macrobius 3.6. 17), that the celebrant's head was crowned with laurel (Varro, Menip. fro 413 B. = Macrobius 3. 12. 2; [Servius], ad Aen. 8. 276), and that women were excluded (Macrobius I. 12. 28; Plutarch, QR. 90), as they were also from the Herakles cult in Greece (cf., e.g., s.E.G. 2. 505 (Thasos)). ab Evandro: so also D.H. I. 40. 6; Macrobius 3. I I. 7; Tacitus, Annals 15. 41; Strabo 5. 230. A second tradition, which is the express opinion of L. or his source at 9. 34. 18, attributed the actual dedication of the altar to Hercules himself (Ovid, Fasti I. 581; Propertius 4.9.67; Virgil, Aeneid 8.271; Solinus I. 10). 7.4. loco herbido: the picture of the weary Hercules recalls Herodotus 4. 8 and may be derived from it. herbidus for herbosus is rare and colourful (cf. 9. 2. 7, 23. 19. 14, 29· 31. 9) but not confined to specifically poetic authors. It is avoided by Cicero and Caesar but used by Pliny (NoH. 18. 164) and Varro (de Re Rust. 2. I. 16). 7. 5. gravatum: used of food and drink, gravare (cf. 25. 24. 6) is bold and uncommon, being found elsewhere only in Seneca, Thyest. 910; Curtius 6. I I. 28; Apuleius, Met. I. 26. Cacus: his name is preserved in the scalae Caci which led from the south side of the Palatine to the Circus Maximus (cf. Plutarch, Romulus 20) and the atrium Caci mentioned in the Regionary Catalogue (Reg. VIII), but of a Caca, who in the later synthetic myth was said to have been a sister of Cacus and to have aided Hercules, it is said 'sacellum meruit in quo ei pervigili igne sicut Vestae sacrificabatur' (Servius, ad Aen. 8. 190; cf. Lactantius I. 20. 36). Such perpetual fires are found also in the cult of Demeter, Apollo, and Pan (Pausanias 8.37. I I) and prove that Cacus-Caca was originally a bisexual deity

I.

7· 3

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57

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7· 3

FOUNDATION OF ROME

FOUNDATION OF ROME

like Faunus-Fauna, Pomo-Pomona, Janus-jana, Liber-Libera (cf. the ritual formula sive deus sive dea), whose location in a cave on the Palatine might be taken as evidence of chthonic powers. Cacus may be an Etruscan word: Cacu is found as a name on an Etruscan mirror. aversos: borrowed from the trick by which Hermes deceived Apollo when he stole his cattle, as told in the Homeric Hymn to Apollo (413). The archetype read aversos . . . eximium quemque . . . relictarum . . . inclusarum. If Cacus removed bulls and only bulls, relictarum and inclusarum are impossible; if he removed some bulls and some cows, Livian usage would still demand the masculine (Kuhnast, Liv. Syntax, 81). Stroth, followed by Kleine and Madvig, saw the difficulty. Following the account in D.H. I. 39 where the animals are cows throughout he altered the text to aversas boves eximiam quamque, keeping relictarum ... inclusarum. It is not, however, obvious that D.H. and L. are dependent on the same tradition. In Virgil, for ritual reasons, the stolen cattle were 4 bulls and 4 cows but in Propertius an unspecified number of bulls. In fact, L.'s source is unlikely to have been either Ennius or the source used by D.H. Nonetheless it is certain that he must have intended Cacus to have stolen only bulls from a mixed herd. For Ovid (Fasti 1. 547 ff.), who is closely modelled on L., speaks exclusively of bulls (traxerat aversos Cacus in antra feros) and desiderium is conventionally used of the longing of the female for the male (ef. e.g. Lucretius 2. 359-60 crebra revisit ad stabulum desiderio peiftxa iuvenci; Ovid, lo,1et. 7. 731). Cacus, no doubt, wished to improve the strain of his own cattle. It is therefore necessary to read relictorum . .. inclusorum. 7. 6. primam auroram: only here in L. Elsewhere in Ovid, Met. 3. 600; Pliny, N.H. 11. 30; [Amm. Marc. 19. 1. 2]. It enhances the fairyland character of the narrative as do excitus somno (cf. Catullus 63. 42, 64· 56: elsewhere L. uses ex somno excitus; cf. 4. 27. 6, 8. 37. 6) and incertum animi which occurs this once in L. and is otherwise used by Terence (Hecyra 121), Val. Flaccus (1. 79), and Statius (Theb. 3· 444). 7. 7. vadentem: Weissenborn compares Homer, Odyssey 9. 399. vado, as a colourful synonym for eo (2. 10.5, 12.8, 3· 49.2, 63. 1,4· 38. 4, 5· 47· 4), was first used in literary prose by Sallust (Jugurtha 94. 6). Cicero uses it only in verse (Arat. 326) and letters (ad Att. 4. 10. 2, 14. 11. 2). The word which is naturally at home in the vocabulary of the poets (Ennius 273, 479 V.; Catullus 63. 31, 86; Virgil, Aeneid 2. 359 et al. saep.) is employed by L. to give point to striking episodes. 7. 8. ea: with loea. The hyperbaton is not intended to provide special emphasis so much as to set off the harmonious balance of profugus ex Peloponneso, auctoritate magis quam imperio. profugus, aTE q,vyds WV, explains the point of what follows, for which cf. Augustus' claim in Res Gestae 34· 3.

litterarum: Evander is expressly credited not with the invention, which traditionally was due to Cadmus, but only with the use of writing, but Roman belief evidently made him responsible for the introduction of the Latin alphabet (Tacitus, Annals 11. 14). The earliest Latin inscription (from Praeneste c. 600 B.C.) shows that the alphabet was derived not directly from the Greeks of Cumae, as had been thought, but from Etruria. The same conclusion is reached by observing that the order of the voiced and unvoiced gutturals C and G in the Latin alphabet differs from that in Greek and is explained by the modification of the Greek alphabet made by the Etruscans whose language lacked voiced consonants. Writing being regarded as the greatest of benefactions was naturally attributed to Evander, the Benefactor, although the Latin alphabet in fact only dates from the seventh century. See M. Lejeune, R.E.L. 35 (1957), 88 ff.; L. H. Jeffery, The Local Scripts of Archaic Greece, 4. Carmentae: in Greek always KapfLEvTTJ, Latin varies between Carmentis (Varro, Virgil, AulusGellius, Servius) and Carmenta (Hyginus, Fab. 277; Solinus 1. 13; Origo Gentis Romanae 5. 1. 2), both of which signify the same meaning 'she who is full of carmen' (cf. pollenta: sementis; Skrit. Kiikati). The other ancient etymologies (Ovid, Fasti 1. 620: Plutarch, (L.R. 56) do not bear examination. The goddess was one of the oldest Roman deities, with her ownflamen (Cicero, Brutus 56) and festival on I I and 15 January, but her exact function was in doubt. The ancients regarded her as either a goddess of child-birth (Aul. Gell. 16. 16.4; Ovid, Fasti 61 7 ff.) or of prophecy (Servius, ad Aen. 8. 5 I ; D.H. 1. 31. I) or of both (Fasti Praenest.; Augustine, Civ. Dei 4. I I), while modern scholars have identified her as a moon-goddess (Pettazzoni), a springnymph (Wissowa, Bayet), or a goddess of beginnings (von Domazewski). The truth is probably that she was a goddess closely connected with the Cermalus region of the Palatine (Clement, Strom. 1. 2 I) whcse magical powers (carmen) were invoked in child-birth. Hence the embargo ne quod scorteum adhibeatur (Varro, de Ling. Lat. 7· 84; Fasti Praenest. ; Ovid, Fasti 1. 629 ff.) and the prohibition on leather objects which were an omen mQrticinum. Later generations interpreted the carmina as prophetic rather than magical until she became a goddess of prophecy. Augustine pertinently quotes from Varro the detailfata (?= carmina) nascentibus canunt ... Carmentes. Her statu's as Evander's mother was a late manipulation. In Greek myth that position was held by Nicostrate or, more popularly, Themis (Pausanias 8. 43. 2; Strabo 5. 230), a nymph with prophetic powers who had controlled Delphi before the arrival ofApollo. When Evander was transferred to Rome, Carmenta was the natural equivalent of Themis (Servius, ad Aen. 8. 336). See Pagliaro, Studi e lo,1ateriali, 2 I (1947), 121 ff.; L. L. Tels deJong, Sur quelques divinitis romaines, 21 ff.

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7· 5

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7. 8

1.

7.8

FOUNDATION OF ROME

jatiloquam: a variant of the technical jatidicus (ef. Cicero, de Nat. Deorum 1. 18), used otherwise only by Apuleius, Flor. 15; Ausonius 196 . 50. 7.9. augustioremque: commonly used in opposition to humanus (5. 41. 8, 8. 6. 9, 8. 9. ro; Praef. 7) and not applied to persons except Hercules, Romulus (1. 8. 3), and Decius (8.9. ro), although applied to sacred places and things (29, 5, 3· 17· 5, 5· 41. 2, 38 . 13· 1,42. 3· 6,45, 5· 3)· This selectivity may be deliberate. Octavius assumed the surname Augustus in 27 B.C. having already been linked with Hercules by Horace (Odes 3. 3. 9-12) and having considered but rejected the name Romulus as possessing unfortunate associations (Suetonius, Augustus 7; Florus 4. 66; Dio 53. 16). In using the adjective augustus of Hercules and Romulus twice in such close proximity, L. may be intending to call Augustus to mind. See L. R. Taylor, C.R. 32 (19 I8), 158-61; G. M. Hirst, A.J.P. 47 (1926), 347-57. See also 7. ro n. (aucturum) ; H. Erkell, Augustus Felicitas Fortuna, 19 ff. 7. 10. nomen patremque ac patriam: recalling the Homeric formula Tis 7I'08EV Els av8pwv; 7I'08t TOt 7I'o'\tS ~8~ TOKijES; (Odyssey I. 170 et al.). love nate: Evander's greeting is intended to convey a solemnity appropriate to the occasion. Notice the ritual repetition tibi ... tuo (3. 17· 6 n.) and the impressive future pass. info dicatum iri (3. 67. In.). veridicus seems to be a religious technical term (cf. Lucretius 6. 24; Cicero, de Divin. 1. ro I). Equally formal is the vocative Hercules (cf. C.I.L. 6. 313, 319, 329) instead of the colloquial Hercule. For augere caelestium numerum ef. Virgil, Aeneid 7. 2 I I; Ovid, Amores 3. 9. 66; Pliny, N.H. 31. 4. interpres deum is sacral (Cicero, de Leg. 2. 20; de Nat. Deorum 2. 12; cf. Virgil, Aeneid 3· 359, 4· 378, ro. 175; Horace, Ars Poetica 391; C.L.E. 1528). aucturum: implying the etymology augustus from augeo (cf. 7. 8 auctoritate). In the same way L. underwrites his interpretation of Feretrius by the repetition ofjero (ro. 6-7) or of Stator by the repetition of sisto (12. 5-8). augustus and augeo are in fact connected, augustus being derived from *augus (ef. Ind. iijah; see Walde-Hofmann; ErnoutMeillet). tibi: at 9. 34. 18 Hercules is expressly stated to have founded the altar, whereas other authorities attribute the foundation to Evander (Tacitus, Annals 15. 41). The language here is ambiguous. tibi could be either dat. of agent or dat. commodi. 7. 11. accipere: 5. 55. 2 n. 7. 12. Potitiis ac Pinariis: traditionally the cult of Hercules at the Ara Maxima was in the hands of these two gentes until 3 I 2 when corrupt dealings (9. 29. 9 ff.) resulted in their being deprived of their office and visited with divine destruction. It is more likely that on the natural extinction of the two families the gentile cult was taken over

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7.

12

by the state (Varro, de Ling. Lat. 6. 54; [Servius], ad Ae~ .. 8. 27?; Macrobius 3. 12. 2). The traditional story savours of pohtIcal mIsrepresentation. Potitii are not met elsewhere. A Tiburtine provenance cannot be proved and the attempt to associate them with the Val:rii, one branch of whom had the cognomen Potitus, is also speculatIve. Van Berchem has recently argued that the name is a title, 'the possessed', analogous to the KaToxot of Zeus Ouranios ~t ~aetoc~ec~ (Re~d. Accad. Pontif. 32 (1959/60), 61-68), but such a view IS not. m l~~e With gentile character of so much early Roman religion. The Pmarn~ on the other hand survive into classical times but it is significant that neither of the later br~nches, the Nattae and Scarpi, who provide moneyers, makes any allusions on its coins to the cult of Hercules (Sydenham nos. 382 , 390 , 12 79 ff.) and that a rival pedigree claimed them as descendants of Numa (Plutarch, Numa 21. 3; D.H. 2. 76. 5). It follo~s that the Potitii and the oldest branch of the Pinarii must have died out by the end of the fourth century, and, although we do not know where the gentes originated from, there is nothing to prevent them, like the Fabii, importing their own gentile c u l t . . .. The purported distinctions of role implied m 7· 13 (POtItlUS as auctor Pinarius as custos of the cult; ef. Virgil, Aen. 8. 269; Festus 27 0 1..,; Cicero, de Domo 134; C.I.L. 6. 3 I3), based on popula: etYn:olo~ies (Servius, ad Aen. 8. 270 Potitios dici quod eorum auctor epulzs .;-ac:zs potztus sit· Pinarius from 7I'Etvuv), deserve no credit. Sources and blbhography in'Munzer R.E. 'Pinarius'; Ehlers, R.E. 'Potitii'. 7. 13. eoru~: has no authority, extis eo sollemnium being read in ,\ onl~, the result of the dittography eo so-, extis sollemnium in M, and extzs sollemnibus in 71'.

8. Constitutional Measures As an interlude between Cacus and the Rape of the Sabine women, L. inserts a short note dealing with three constitutional measures allegedly introduced by Romulus. The Introduction oj Magisterial Emblems The unanimous tradition in other authors (ef. 8. 3 eorum sententiae; Sallust, Catil. 51. 38; Diodorus 5. 40. I; Strabo 5· 220; D.H. 3· 6I-.6~; Pliny, N.H. 8. 195; Appian, Lib. 66) recogni~e.d an Etrusca~ ongm of the several insignia and historically that traditIOn must be nght .(see most recently Lambrechts, Essai sur les magistratures, 26 ff.; agall~st, de Francisci, Studi Etr. 24 (1955), 25 ff.). L. is not likely to have mvented such an unconventional doctrine for himself and we should rather attribute it to a source, such as Licinius Macer, who can be shown to have concerned himself with such questions. 61

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8.

2

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8.2. insignibus imperii: 17. 6,20.2,2.1. 8,7. 7, 3. 51. 12; c[ 5.41. 2. lictoribus: a double axe with rods, such as were carried by the lictors, was discovered in Vetulonia, the very city from which Silius Italicus (8. 483-5) asserted that the Romans had derived their fasces (Fa1chi, Not. Scavi, 18g8, 147 ff.). See further 2. 1. 7-2. 2 n. 8. 3. hoc genus: the manuscripts had et hoc genus, emended by the younger Gronovius, but there is nothing amiss with the text. et hoc genus means 'and all this kind of thing', i.e. the accensi and other officials in attendance on the magistrates as well as the lictors. The use, only here in L., is colloquial: cf. Tertullian, Idol. 12 per spectacula et hoc genus; Caelius, ad Fam. 8. 4. 2; Suetonius, Claudius 34. 2. Such stylistic lapses are found where L. is speaking propria persona. It is equally unnecessary to insert et before numerum. sella curulis: originally a seat placed in the royal chariot from which justice was administered. One actual example survives from Caere and others are depicted in Etruscan paintings. See Helbig, Melanges Perrot, 167 ff.; Pellegrini, Studi e Materiali, I (1924), 87-118. Under the Republic it became the magisterial throne (cf. also 2. 30. 5 n.). toga praetexta: with purple border, worn by children and magistrates. Antiquity was divided between Etruscan ([Servius], ad Aen. 2. 781; Tertullian, de Pall.; Photius) and Peloponnesian (Suidas S.v. T~f3Evvo5; Pollux 7. 6 I) claims for inventing it but Etruscan monuments which clearly depict it support the former. See Goethert, R.E., 'toga (2)'; Alfoldi, Der Fruhromische Reiteradel, 63 ff. duodecim: 5· 33· 9 n.

The Arylum In the Greek world the right of asylum is commonly associated with the right of settlement. At Cos (Herzog, Heilige Gesetze aus Kos, 36) and Cyrene (Latte, Archiv j. Relig.-Wiss. 26 (Ig28), 41; cf. Aeschylus, Suppl. 60g, g63 ff.) provision was expressly made in accordance with the terms of a Delphic oracle for an asylum under the protection of Apollo. Those who sought asylum were subsequently allowed to become citizens. The Greek model has obviously influenced the Roman asylum inter duos lucos (8. 5 n.); Plutarch even speaks of a fLUVTELOV TTV(J0XPTJUTOV (Romulus g). It would seem that there was a very ancient asylum in the dip between the two peaks of the Capitoline hill, dating from a time before the inclusion of the hill within the boundaries of the city. No particular deity presided over it (D.H. 2. 15.4). The attempts to associate it with Veiovis (Ovid, Fasti 3· 43 0 ; cf. Vitruvius 4. 8. 4; C.I.L. 12 • 233) or deus Lucoris (Piso ap. Servius, ad Aen. 2. 761) are antiquarian schematizations. In common with other topographical features i! was utilized to provide aetiological material for Roman historians and by assimilation to Greek

62

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I.

8. 4

institutions was taken to be an act of policy for increasing the popula. tion and ascribed to Romulus (cf. Vell. Pat. I. 8. 5; Cicero, de Divin. 2.40). See Mommsen, Ges. Schriften, 4. 22; Altheim, History rif Roman Religion, 258ff.; W. S. Watt, C.Q. 43 (Ig49), g-II; van Berchem, Mus. Helv. I7 (Ig60), 29-33. 8.5. adiciendae: 'in order to add a large number (to the existing population)'. For adicere cf. 1. 36. 7, ro. 8. 3, 38. 1. 6. alliciendae (Ascensius, Kreyssig, Madvig) would wrongly imply a policy of deliberate advertisement, of which there is no hint. obscuram atque humilem: alluding to the proverbial expression filius terrae (cf. Cicero, ad Aft.!. 13.4; ad Fam. 7. g. 3; Persius 6. 59; Petronius 43. 5; Minuc. Felix 21. 7; Fronto g8. 4 Hout; }; Juv. 4. g8). It is to be distinguished from the universal myth that man originally rose from the ground and from the Greek YTJYEV~5 which denotes stupidity (see Starkie on Aristophanes, Nub. 854). saeptus ... est: the exact sense of the passage is obscure. If saeptus est be taken together the meaning would be 'which has now been enclosed at the place where you descend from the capitol inter duos lucos'. Since Cicero (de Divin. 2. 40) implies that the area was open in his day, it is reasonable to believe that it was enclosed as part of the improvements carried out on the Capitoline after 3 I B.C.; but descendentibus remains pointless. The area was enclosed, irrespective of whether people descended from or ascended to the Capitol. Furthermore, the long separation is against taking saeptus with est. If, on the other hand, saeptus is a participle, est by itself cannot be construed: whether inter duos lucos be taken with est ('the area which has now been enclosed lies inter duos lucos when you descend from the Capitol') or with descendentibus ('the area ... lies if you descend inter duos lucos'). Of both it may be asked 'Why only for those descending? What happens to the area if you ascend to the Capitol?' L. is clearly locating the asylum and this requires a closer geographical specification, as one would expect from the use of the dative absolute descendentibus: cf. 42. 15. 5 ascendentibus ... maceria erat ab laeva; Thucydides 1. 24. I; Mela 2. I; H. Sturenberg, Relative Ortsbezeichnung, 37-38. The asylum would, in fact, lie on one's left as one descended from the Capitol and either sinistra (Jordan, Hermes 9 (1875), 347 n.) or ab laeva (H. J. Muller) should be supplied before est. 8. 6. an: the indirect question is introduced by discrimine, so that the comma is best placed not after discrimine but after omnis (cf. 28. 3. ro).

(The Creation rif the Senate A Council of Elders (senatus, YEPOVU£U) is as old as society and its origins at Rome cannot profitably be investigated. What does bear 63

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examination is the question when the tradition that Romulus founded a Senate of 100 took root (cf. 17. 5, 35. 6 n.). Conventionally the Senate of the early Republic numbered 300 (2. I. 10 n.) and in deference to Greek models in which the total number of members of th~ council,was directly related to the number of tribes (i.e. the Solo~l.Ia? f3ov/..1) had 400 members, 100 for each of 4 tribes; wider detaIls In A. H. M. Jones, The Greek City, 176 with n. 40) that figure was :egar~ed as corresponding to 100 members of each of the 3 preServIan. tnbes, .the Ramnes, Tities, and Luceres (13. 8 n.). The senatonal total IS, therefore, analogous to the 300 equites (36. 7 n.) and does not rest on any original evidence. In Romulus' time only the first of the tribes existed, so that by a matter of simple logic his Senate can only have co?sisted of 100 (D.H. 2. 12; Festus 454 L.; Ovid, Fasti 3. 12 7; PropertIUs 4. I. 14; Vell. Pat. I. 8. 6 ; Plutarch, Romulus 13; Servius, ad Aen. 8. 105). This a priori reconstruction could be supported by appeals to the normal size of municipal councils or to the councils of Veii and Cures which also were 100 strong. The number 300 does ?ot, however, rest on any documentary evidence, and its artificiality IS betrayed by the discrepant accounts of how an original total of 100 was expanded to 300. One account presumed a Romulean Senate of .I~O au~mented by 50 under Titus Tatius and doubled by TarqUInIUS Pnscus (D.H. 2. 47). Other versions agreed that Tarquinius added the final 100 but differed on the question whether the earlier 1.0 0 was the result of the Sabine influx (D.H. 2. 57) or the absorption of Alba. Zonaras (7. 8) knew yet another version. Indeed if the ?rigin~l Senate .consisted of the heads of the principal familie~, it is IncredIble that It should have totalled any precise number, let alone the ro~nd number 100: D.H.'s principle of selection (go chosen by the 30 curzae, g by the .3 tnbes, and I by Romulus), which is implied but not stated by L., IS strongly democratic in sympathy and may with rea,son be a~cribed to Licinius Macer. See O'Brien Moore, R.E. Suppl. 6, Senatus; Mommsen, Staatsrecht, 3. 884 ff. 8. 7. consilium: not concretely 'a council' but abstractly 'guidance'. For the. pair~ng v:ith vires cf. 2. 56. 16, 3. 62.7. Romulus tempered force wIth dIscretIOn. So also Cicero, de Rep. 2. 4.

together into a connected account but L. goes further and turns them into satisfying romance. His method is to use the Sabine women like a Greek chorus as a constant background to each episode and to allow their emotions gradually to change with circumstances. Thus there is a formal structure which can be analysed as follows:

I.

8. 7

9-13. The Sabine Synoecism L. now embarks on the most ambitious essay in narrative so far. There was a nexus of stories treating of Rome's relations with her Sabine neighbours, of which the centrepiece was the Rape of the Sabine w?men. Each of these incidents could be and in origin was self-cont~Ined-the . Consuali~, Thal~ssio, Tarpeia, the dedication to J uppIter Feretnus, MettIUs CurtlUs-and each of them is discussed in detail in its place below. Historians long before Livy had welded them 64

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9-13

Internal: Rape of the Sabine Women. g. 1-16 10. I-I I. 4 External: (a) War with Caeninenses. (b) War with Antemnates. (c) War with Crustumini. Internal: Tarpeia. 1 I. 5-9 12 External: Mettius Curtius and the Defeat of the Sabines. Internal: Reconciliation. There is also an emotional structure, ranging from defiance and indignation (g. 14), through resignation (1 I. 2), to reconciliation (13. 8 non modo commune sed concors etiam). The whole is knit together; and a comparison with the parallel versions of Cicero (de Rep. 2. 12), D.H. (2.30. I), and Plutarch in his life of Romulus leaves no doubt that the artistry is directly due to L. The institution of the Consualia for the particular purpose of attracting the Sabines is psychologically more satisfying than Cicero's casual mention that there happened to be an annual festival. So too the omission of the numerous circumstantial details which clutter the pages of D.H. makes for clarity and movement. Cicero is emb:urassed and ashamed by the whole affair. He calls Romulus' plan subagreste and hastens to point out that the Sabine women really were well b:>rn (honesto artas loco). There is no apologetic tone in L. For him it is a noble and inspiring story in kee?ing with the importance and size of Rom~ (g. I, g. 8). Where the scale is noble, the events c:mnot be unworthy. Historically the only question is wheth~r primitive Rom:m society was the result of a fusion of Sabine and Latin elements. Arc~1::eolo­ gically there is ample evidence that in the eighth and early sev(n~h centuries there wer~ separate village ommunities on the Palatine, the appian (Esquiline), and the Quirinal, and that the culture of the Palatine, as r~vealed by its arts and crafts, was different from that of the other two hills. The same dichotomy m:lY be disclosed by the existence of two different b:.lrial-rites, cremation predominating in the earliest graves of the Forum and inhumation on the Esquiline and Quirinal. The Hme phenomenon is to b~ seen in the fields of religion and language. Certain special ceremonies belong to the Quirinal alone and have characteristically Sabine affinitie3. The best sumnaries (with reference3) of the archaeological evidence for the Sabine element in early Ro:ne may b~ found in R. Bloch, 814432

65

F

I.

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9-13

The Or;gins (if F ene, Legen a: };;.o df: P

L,nb' Ant.

-81 aJ:d E. Gjerstad, Opuscula Romana, 3. 79 ff. ; ,~ . Iso A. Piganiol, Essai sur les origines ',ee, e.g., L. R. Palmer, The Latin ;nt of the material see O. Seel,

{(

, the Sabine Women The COll..1L••;)n b e t \ u a l i a and the Rape has not yet been satisfactorily explaiL , tain that in origin Consus (from condere: see Schulze 474 Philologica'2 (1957), 175; ].R.S. 51 (1961), 3'2) was a god anary or storehouse. Apart from the etymology, his two festi I August; 15 December) are paired with the Opiconsivia ('2S "'i:- ,st) and the Opalia (19 December) and correspond in time respectively to the garnering of the harvest and the onset of winter when anxiety arises whether the supplies will last till the following harvest. This much is plain. The horse- or muleraces which in historical times accompanied the Consualia were no original feature but will have been added under Etruscan influence (D. H. '2. 31; Servius, ad Aen. 8. 636), for such contests are figured frequently on Etruscan paintings and are Etruscan in character. The motive for the addition may have been a change in the conception of Consus' functions. As a god of the granary his altar was underground, but to the Etruscans such shrines (puteal) were associated with the spirits of the dead. The horse was the funerary animal (cf. Au!. Gel!. IO. 15. 3: also the tantalizing entry in Praenestine Fasti for 15 December) and equine ceremonies are regular at funerals (cf., e.g., Herodotus 4. 71-7'2)· The elaboration of the Consualia by the addition of horseraces which turned it into one of the most spectacular of the early festivals led in its turn to a misrepresentation of the deity in whose honour it was held. To the Greeks Poseidon was the god of horses. He enjoyed the cult-title "bmw, and was thought of as a horse-god (Pausanias 7. '2 I. 7). Thus Greek concepts suggested the wholly false and un-Roman notion that the Consualia were held in honour of Neptunus equestris (9. 6; cf. Tertullian, de Spect. 5. 5). The early Neptune shared only the aquatic functions of Poseidon (5. 13. 6 n.) his Greek counterpart. Three stages, Latin, Etruscan, and Greek, can be postulated for the evolution of Consus but none illuminate his connexion with the Sabine women. Yet this connexion is old, at least as old as Ennius (Servius, ad Aen. 8. 636) and perhaps much older ('2. 18. '2 n.). It is true that both in the forms of marriage and in the election of Vestals (veluti bello captae) a token display offorce was used and it may be significant that at the Nonae Caprotinae on 7 July sacerdotes publici make sacrifice to Consus. Equally it could be held that it was a dramatic historization 66

1.9. 1

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of a Greek myth-the rape of Demeter's daughter, Kore, by Hades, the fruits of the earth buried underground. Yet in default of other evidence these are no more than guesses. Once the first idea had taken root it could be extended by adding wars which served to account for Rome's absorption of the nearby villages of Antemn~, Caeninum, an.d Crustumerium, and by incorporating one explanatIOn of the archaIc wedding-cry Thalassio (9. 1'2 n.). So with minor idiosyncra~ies.and much embellishment on Hellenistic principles the story mamtamed a consistent shape at the hands of historians from Ennius to D.H. It was only the antiquarians who questioned the conventional accounts and advanced heterodox explanations. Varro derived Consus from consilium (Paulus Festus 36 L. ; Augustine, Civ. Dei 4. I I) and proposed a wholly different explanation of Thalassio (9. 1'2 n.). L. follows the historical tradition and shows no awareness ofVarronian researches. His concern is to make it psychologically effective (e.g. there is no mention of Roman lust) and stylistically ~legant as the first act of the Sabine drama. To this end he shapes It so that the narrative begins and ends with an oration in indirect speech (9· '2-4; 9. 14-15). Both express reasonable, if sententious, arguments, the first in rhetorical, the second in tragic language. See P. Lambrechts, Ant. Class. 15 (1946),61-8'2; P. H. N. G. Stehouwer, Etude sur Ops et Consus (Diss. Utrecht, 195 6); J. Gage, Ant. Class. '28 (1959), '255 ff. 9. 1. hominis: 'was likely to last only a single generation as a result of the dearth of women'. conubia: 4. I. I n. . .. 9.2. legatos: the arguments, not found in D.H., w:ll be on~mal to .L. They are Greek in conception, although phrased m ora.toncal L~tm. For the double guarantee of Rome's prosperity (sua vzrtus ac dz) cf. Thucydides 3.58. I; 4.9'2. 7. The underlying philosophy is developed by Plato (Laws 8'29 A) and Aristotle (Politics 13'23aI4 ff.). The passa~e was admired by Quintilian who quotes it as an example of 7TpoaW7T07Toua (9. '2. 37 with deinde for dein, rightly since in L. dein is normally used with a preceding primo ('2. 1'2.4,50. 7, 54· 8, 3· ~'2. '2, 47· 4· 13· 13, 5. '2'2. 5) and is not found before qu-). For ex znfimo nascz (3) cf. Seneca de BeneJ. 3. 38. I; for opes . . . nomen cf. Cicero, pro Murena 33. By contrast the Sabine reply is abrupt and discourteous (9· 5 n.). 9.3. virtus ac di: 4.37· 7 n. 9. 5. rogitantibus: probably dative; cf. '23. IO quaer~ntibus. . compar : the adjective is ofvery rare occurrence bemg used prevIOusly by Varro, Menip. fr. 47 and Lucretius 4. 1'255. L. has it here and at '2~. 4'2. '20 compar consilium (speech of Q. Fabius), which sugg:st~ that m both places its alliterative sound and unliterary assoCIatIOns are meant to characterize the speakers. Here there may be overtones of

?'

67

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ROMULUS

the inscriptional use of compar as a substantive = 'consort, i.e. husband wife' (cf., e.g., C.I.L. 3. 1895,4183 et al.). 9.6. 'vocat: omitted by M. Frigell thought that vocat in 77'\ (vacat in R, D, L) was the corruption ofa scribe's note that a word or words was missing at this point, thus corroborating M's omission. He would read Consualia (appellata); Gronoviushad already proposed the punctuation parat . . . sollemnes, Consualia. indic~ . .. '. But M.'s omiss.io~s in t~e. earlier chapters of Book I are peculrar to Itself (cf. the omISSIOn of szbz in 9. 3) and 77'\ read vocat not vacat. Cf. 29· 14· 14, 36 . 36 . 4· 9.8. mortales: 37. 2, 3· 30. 8,4, 6r. 7, 5. 7. 3, 16.6. The force of this variation for multi homines is discussed by Fronto ap. Aul. Gell. 13· 29 (see Gries, Constancy, I04-7). Not specifical~y 'poetic' ~as favoured by historians for its impressiveness (ClaudIUS Quadnganus; Sallust, ]ugurtha 20. 3; Naevius, Bell. Pun. 5 Mo.). . Caeninenses: the ancient Caenina, listed by Plrny as one of the vanished cities (N.H. 3. 68), must have been very near Rome since Romulus sacrified there (D.H. 2. 33) and because the survival of sacerdotes Caeninenses among the Roman priesthoods implies early absorption by Rome (C.I.L. 5. 4059, 9. 4885-6). The only other indication of its site is D.H. I. 16 if the emendation be accepted: l1vTEfLvcfTa, KaL KaLvLvLTa, KaL c[JLKO'\VEOV,. The fact that Fi?enae is not mentioned among these primitive neighbours of Rome mIght suggest that Caenina was situated on the naturally strong site of Castel Giubbileo, and that after Caenina was absorbed by Rome its site was subsequently used by the Veientes for the founding of Fidenae. See also Ashby, P.B.S.R. 3 (1906), 22, 65-66 . Crustumini: 38. 4 n., 2. 19. I n. There are two clues to its, site: the Allia rose Crustuminis montibus (5. 37. 7) ; the Romans retreatmg down the Via Salaria from Eretum camped on a hill between Fidenae and C. (3. 42. 3). A study of the Etruscan road system s~ows that an important road led from Veii by way of the tunnel at Pletra ~e~tusa to a Tiber crossing about I mile north of the Casale Marclglrana. After the crossing the cuttings of the road are clearly visible and show that it continued across country in the direction of Gabii and bypassed Rome. The ascent of the road from the Tiber .is ~ade up a valley on the south of a commanding tongue ofland whIch IS a typIcal early site. It is easily defensible, having steep cliffs on three sides. and only a narrow neck to the east, and ,it is strat~gically place~, d?ml~at­ ing both the Via Salaria and the TIber crossmg. All ~hese mdicatrons point to the identification of the site with Crustu~enum. That there was an early settlement here is confirmed by the dIscovery on 2 I May 1962 of wh'at seemed to be a seventh-century cemetery by the side oi' the road close to the neck. Detailed investigation of it has unfortunately so far been frustrated. Two Etruscan bronze statuettes are

housed at Marcigliana itself (Stud. Etr. 23 (1954),41 I-IS), but their provenance is not specifically recorded. For earlier identification see Ashby, P.B.S.R. 3 (1906), 50-Sr. It was one of the few settlements near Rome to merit a legendary origin, being ascribed to Sicilian (Cassius Hemina ap. Servius, ad Aen. 7. 631), Trojan, or Athenian (D.H. 2. 65) foundation. The name is variously spelled. Antemnates: of the three communities, Antemnae, situated at the mouth of the Anio (cf. the false etymology ante amnem in Varro, de Ling. Lat. 5. 28) alone survived into classical times. It is mentioned as the site ofa battle in 82 B.C. and is recorded even by Strabo (5. 230). The remains which have been found on the site contain local and Etruscan pottery of the seventh century as well as rough-squared masonry (Blake, Ancient Roman Construction, I04-5; Ashby, op. cit., 14-15). The evidence indicates that the settlement, as presumably Caenina and Crustumerium, was absorbed by Rome but at a date at least a century later than that traditionally given. 9. 9. iam: for this use, introducing a further stage of a narrative, cf. 35. I, 23.5. IS· Scheibe would read etiam. 9. 12. Thalassi: the anecdote is one of many aetiologies of the marriage-cry Talassio (Martial I. 36. 6, 3. 93. 25; Sidon. Apoll. Epist. r. 5; cf. Catullus 6r. 134; Plutarch, Q.R. 31 ; Romulus IS), alternatively written as Thallasio probably by a false etymological connexion with the Greek 8';''\afLo, (cf. Servius, ad Aen. I. 65 I ; [Virgil], Cata!. 12.9). The account given of its origin by L. (so also Servius; Isidore 15. 3. 6) was evidently the ordinary annalistic view but deserves no credence: Thalass(i)us is a name first borne by the notable general of Constantius (Zosimus 2. 48; cf. also Libanius, Ep. 843). It was perhaps suggested by a similar explanation given of the Greek ·YfLEvaw,. By contrast with the annalists the antiquarians were prolific in proposals, deriving it from TaAapov 'wool' (Festus 478 L.; cf. Plutarch, Romulus 15) or talla (Festus 492 L. on the analogy of VfL~V and vfLEvaw,). Sextius Sulla, quoted by Plutarch, made one valuable contribution when he claimed that the word was Sabine, but whether it is an exclamation or the name of a deity is indeterminable. For full evidence see R. Schmidt, De Hymenaeo et Talassio (Diss. Kiel, 1886); Richter, Roscher's Mythologie s.v. 9. 13. violati hospitii fledus: Perizonius's conjecture violatum is necessary to avoid the intolerable enallage. The parents complained that the laws of hospitality had been outraged. For violarefoedus cf. 8. 7· 5, 30.42.8; Cicero. pro Scst. 15;Pro Balbo 13,31,55; Scaur. 42; Phil. 13. 4; de Rep. r. 3 r. For similar corruptions due to assimilation of endings cf. 28. 33. 16,43. 1,30.32.2. perfas acfidem: the parents are made to take refuge in legal formulae to express their indignation at the treatment of their daughters. per

68

69

I.

g. 5

,.it

I.

g. 8

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jas ac fidem is an old expression from the law in which per, like the Greek 7rapa, means 'contrary to' (cf. perfldus). It is preserved in Plautus, Most. 500 with Sonnenschein's note; Cicero, pro S. Roscio 110, I I 6; de Inv. 1. 7 I per fidem jefellerunt. 9. 14. docebat; the arguments which Romulus uses to placate the Sabine women are drawn, at least indirectly, from Greek sources. L. has deliberately chosen them in order to convey the atmosphere of a Greek tragedy, in the same way that he had earlier presented Romulus as a political negotiator (9. 3-4 n.). The general argument that women should make the best of their position recalls Euripides, Medea 475 ff. Of the three particular arguments used, the plea quibus jors corpora dedisset, darent animos is not unlike Sophocles, Ajax 490-1, (note also 514-19), the consolation that in marriage at least ex iniuria . . . gratiam ortam resembles the thought of Andromache when faced with being a slave of Neoptolemus (Euripides, Troades 665-6), and the assurance that their husbands will endeavour to fill the place of parents and country is a clear recollection of Andromache's touching words to Hector au /-Lot Eaat 7raT-ryp Kat 7r6TVta /-LorITrfP (Homer, Iliad 6.4 2 9). The ancients derived the title Feretrius either from jerre (Paulus Festus 81 L.), connecting it with the bringing of weapons for dedication, or from jerire (Propertius 4. 10. 46), observing that the shrine contained the sacred silex used in the conclusion of treaties (24· 9 n.), but only the former can be sustained philologically. The title cannot be derived fromjeretrum which is a loan-word from Greek g,EP€TPOV (see Ernout-Meillet; Walde-Hofmann). If the true root is jerre, it will imply that the function of the god was from the beginning military, which is in accord with the fact that the diminutive temple had no cult-statue other than the silex and a sceptre: the silex was used in the ceremonies of the ius jetiale which prescribed the proper declaration and conclusion of wars and the sceptre was symbolic of military success. Yet the cult itself must be a later systematization of a more primitive worship and certainly cannot be as old as the eighth century B.C. The silex was evidently a meteorite, and superstitious awe of the object was by slow and rational degrees transformed into reverence for a thunderbolt sent by J uppiter. Moreover, the worship ofJ uppiter as a god of war is unique to Rome, being unknown in any other Italic community, and must have sprung from the pre-eminent position enjoyed by Juppiter at Rome. In other words, the worship ofJuppiter Feretrius is only comprehensible at a period when Juppiter has already become the presiding deity of Rome. Besides, the temple of Feretrius lay on the Capitol, outside the boundaries of the earliest city. On the

other hand, it can hardly be later than the great temple of Capitoline Juppiter, for it is unlikely that a new foundation would have been made inside the area Capitolina. A date in the period 650-550 is indicated by the evidence, and some trace of the truth may survive in the tradition that Ancus Marcius enlarged the temple (33· 9). The custom of setting up a trophy of captured arms on a wooden stem can be paralleled from many parts of the Mediterranean world. Although the Romans did not adopt the Greek habit of setting up a trophy on the battlefield until 121 B.C. (Florus 1. 37.6 mos inusitatus), spolia are clearly analogous to Tp07ra'ia which were dedicated to Z€U<; Tp07ra'io<; (Gorgias, Epitaphios fr. 6 Diels) and were set up on a wooden stump so that they should not endure for ever (Diodorus 13· 24· 5). Thus the local Italic custom was assimilated to the Greek, presumably in the first age of penetration by Greek religious ideas (650-550 B.C.). At Rome it was early confined to the armour taken from the corpse of the opposing commander. Such an event was sufficiently rare for there to be some latitude as to who was entitled to claim the honour (Varro ap. Festus 204 L.) but under the influence of pontifical codification distinctions were introduced between types of spolia. spolia prima or opima, offered to Juppiter Feretrius, had to be won by a general enjoying full command of a Roman army (3. 1. 4 n.; see the S.C. of 44 B.C. in Dio 44. 4). Lesser spoils, spolia secunda, and tertia, were offered to Mars and Janus Quirinus (1. 32. 9 n.; but see L. A. Holland, Janus, 110 n. 8) respectively. At the same time as this systematization was being undertaken, the attribution of the temple to Romulus will have been made. Later still an actual inscription was set up recording the dedication of the spolia by 'Romulus' (cf. Dessau, I.L.S. 64), like the mythical dedications attested for Hercules (I. L. S. 3401 ). Much has been made of L.'s treatment, scholars finding in it evidence both for the date of composition of Book I and for L.'s relations with Augustus (10. 7 n.). This is to overlook L.'s purpose. For him, interested in the literary rather than the political possibilities of this material, it is an entr'acte in the story of the Sabine women. He makes it a unit with its own form and climax, leading through the briskly military communique of the battle (notice the crisp unsubordinated sentences in 10. 4) to the proudly worded statement of the dedication (10. 6 n.). The construction of the episode may be compared with 7. 4- 15 or 2. 10. 1-13· For the temple see Platner-Ashby s.v.; Andren, Hommages Herrmann, 90; for its restoration under Augustus see 4. 20. 6 n.; for Juppiter Feretrius and the spolia opima see W. A. B. Hartzberg, Philologus, 1 (1846), 331-9; Marquardt, Staatsverwaltung, 2. 580; Cook, G.R. 18 (1904), 364-5; Lammert, R.E. 'Tp67ratov'; L. A. Springer, Class.

7°

71

1.

g. 13

10. War with the Caeninenses: Juppiter Feretrius

1. 10

1. 10. I

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ROMULUS

]ourn. 50 (1954), 27 ff.; Latte, Rom. Religionsgeschichte, 126, 20 4-5. 10. 1. raptarum parentes: the whole section is rounded off at I I. 4 by the repetition a parentibus ... raptarum, when the scene switches back

Licinius Crassus, having defeated the Basternae and killed their chief Deldo, claimed the spolia opima (Dio 51. 24). His claim was rejected by Octavian on the score that as proconsul of Macedonia he did not enjoy full imperium and was therefore not entitled to the honour. The decision was political. Octavian was disturbed at the challenge to his position as Romulus' successor (see Dessau, Hermes, 41 (1906), 142 ff.; Syme, Harvard Studies, 64 (1959), 44-47). L. is here silent alike about Crassus' claim and Octavian's rebuilding of the temple, and his silence is interpreted by Bayet (tome 1. xvi ff.) as indicating that Book I was written before 29 B.C. and Book 4 after 28 B.C. Bayet's argument is not compelling. There are good grounds for believing that L. began to write his history in 29 (see Introduction). L.'s connexion with Octavian arose from the success of his history and not from prior acquaintance, and it would be easy for a literary historian, not in the confidence of the inner political circle, to have written of Romulus and the spolia opima in ignorance of the technical machinations being devised by Octavian and his advisers.

again to Rome. 10. 1. T. Tatium: a mysterious and colourless figure, traditionally king of the Sabine town of Cures, undistinguished by word or action. The lack of firm legend about him suggests that he is a personification of tt.e Sabine element in Rome created to explain the existence of the tribe Tities (13. 8 n.) and the priesthood of sodales Titii (Tacitus, Annals 1. 54; Hist. 2. 95). Romulus required a rival to overcome and Tatius filled that need. His subsequent career, in which he is supposed to have shared the kingship with Romulus (13.8), was a political invention to supply a regal precedent for the dual consulship and to emphasize the continuity of the constitution. The date at which his biography was formed can be approximately placed in the early part of the third century. It is certainly earlier than Ennius (Ann. I09 V.) but betrays by its clumsy construction that it must be later than the canon of seven kings. See Glaser, R.E., 'Tatius (I)'. The name Tatius was held by Schulze (97, 425) to be Etruscan, and by Glaser to be formed from the baby-word tate 'father'. Both used the derivation as evidence for the king's unhistoricity. In fact, however, Tatius is the latinized form of a Sabine name. The Sabine connexion was stressed by the coins of the moneyer L. Titurius L.f. Sabinus (88 B.C.; Sydenham nos. 698-70 I). The fusion of Latins and Sabines acquired a special topicality in the 80'S when it was used as propaganda in the Social War for the integration of Romans and Italians. L.'s source reflects these conditions. 10.5. ducis: his name is given as Acro(n) (I.L.S. 64; Propertius4. IO. 7). Tan. Faber wished to inset Acronis in the text but it is in L.'s manner to omit superfluous details which might divert attention from the main plot. 10. 6. Iuppiter Feretri: Romulus' dedication is made in solemn and formal terms. The placing of inquit isolates the cult-title whose significance is emphasized by the repeated fero . . . ferent (cf. IO. 7 laturos). Notice the alliterative juxtaposition of (Romulus) rex regia and the separation of haec . .. arma to enclose the subsidiary words (41.3 n.; Praif. 5)· The language is sacral, being intended to recall the augural formula. For regionibus cf. 18. 7 n.; for the rare metatus-a word restored by Weinstock at Varro, de Ling. Lat. 7. 8-see Norden, Altrom. Priest. 88, n. 1. For templum see note on 18. 6 ff. 10. 7. bina: L. refers to A. Cornelius Cossus (4. 20. 6 n.) and M. Claudius Marcellus who defeated the Gauls in 222 B.C. (Act. Triumph.; Plutarch, Marcellus 7-8; Cicero, Tusc. Disp. 4. 49; Livy, Per. 20; Virgil, Aeneid 6. 855-9 with Servius' commentary). In 29 B.C. M.

72

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7

11. 1-4. Hersilia A widow with daughters of her own when she came to Rome (Macrobius I. 6. 16; D.H. 2. 45; Plutarch, Romulus 14), Hersilia was remembered as the person who mediated between the Romans and Sabines. In addition to the version given by L. which made her the wife of Romulus (Ovid, Met. 14. 830; Sil. Ital. 13. 812; Servius, ad Aen. 8. 638) and the mother of two inexplicably named children, Prima and Avillius (Zenodotus ap. Plutarch), she was alternatively paired with Hostus Hostilius to become the grandmother of Tullus Hostilius (Macrobius; D.H.; Plutarch). At death she was legendarily apotheosized as Hora, remaining Romulus' wife in his new guise Quirinus. Hora Quirini figures in inscriptions (Guarducci, Bull. Com. Arch. 64 (1936),31; C.I.L. 12 , p. 326) but it is evident that au fond Hora Quirini was not the name of the wife of Quirinus but specified one of Quirinus' special properties. This much can be inferred from Aulus. Gellius (13.23) who gives a list ofsuch attributes: Luam Saturni, Salaciam Neptuni, Horam Quirini, Maiam Volcani, N erienem Martis. Hora should be connected with horior and hortor and taken to mean 'the power of Quirinus'. It would seem that the story of Hersilia is an aetiological rationalization of Hora Quirini. The first stage was to make Hora the name of the goddess-wife of Quirinus. Then, since the divine Quirinus had been the mortal Romulus, a mortal name and a human role were found for Hora. The old gens Hersilia (C.I.L. 6. 2IIOO; cf. Etr. hersu: see Schulze 174) supplied the lack. Hora Quirini 'the power of Quirinus' was personified in Hersilia who reconciled enemies to Romulus. That this is an approximately

73

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ROMULUS

correct interpretation is confirmed by the appearance in the Hersilia story of another from the list of attributes given by Cicero and Servius. In the moment of crisis Hersilia prayed to Nerio Martis (Cn. Gellius ap. Aul. Gell. 13.23. 13). Nerio Martis probably denoted the strength of Mars; cf. the gloss neriosus fortis (cf. Suetonius, Tiberius 1. 2). See Otto, R.E. 'Hersilia'; Latte, Religionsgeschichte, 55 and n. 3; Gage, Ant. Class. 28 (1959), 255 ff; Ernout, Hommages Grenier, 2. 569.

of a libation ceremony at Tarpeia's tomb, argued that she cannot have been guilty of treachery and therefore that her action was a ruse to disarm the Sabines which miscarried (cf. also Chron. 354)· This is the substance of the variant in 11. 9 (sunt qui) and it may be attributed to Valerius Antias. See Pais, Ancient Legends, 96 ff.; S. Reinach, Rev. Arch. ro (19 08 ), 43 ff.; Mielantz, R.E., 'Tarpeia'; R. Krappe, Rh. Mus. 78 (19 29), 249 ff.; Z. Gansiniec, Act. Soc. Arch. Pol. I (1949), 37 ff.; A. Rumpf, J.H.S. 71 (1951), 168 If.; La Penna, Studi Class. e. Orient. 6 (195 6), 112-33; Devoto, Stud. Etrusc. 26 (195 8 ), 17-2 7. . 11. 6. arci: implying that the Capitol was already a part of the CIty (but cf. Tacitus, Annals 12. 24), whereas, in fact, it was not incorporated until the seventh century. . ., . virginem: although not expressly stated It IS Imphed that she was a Vestal for it was a daily duty of the Vestals to draw water for cultpurpo~es (Plutarch, Numa 13; see Wissowa, Religion, 160). Her status is anachronistic, if dramatically apt. See 2 I. 3 n. 11. 8. additur fabula: 5. 21. 8 n. armillas: the surviving representations of such armlets are Etruscan (see the photograph in Rumpf, op. cit.) but D.H. says that the Sabines learnt af3po8iaLTa from the Etruscans.

11. 5-9. Tarpeia

The second act of the internal drama, the story ofTarpeia, is by contrast told undramatically and briefly. L. presents it with scholarly pedantry, adding variants (I I. 7 seu . . . seu; I I. 9) and exercising criticism (I I. 8). The simplicity of the telling is notable: Sp. Tarpeius . . . praeerat. huius filiam . . . corrumpit Tatius: aquam forte ea tum . .. petitum ierat. The myth ofTarpeia explained the name of the Tarpeian rock. In fact the name is Etruscan and is to be connected with Tarquinius &c. (Schulze 561) but the associations of that rock with the lamentable ends of traitors such as M. Manlius made it fertile ground for a story about an eponymous traitor; for rival aetiologies see Festus 464 L.; Varro, de Ling. Lat. 5. 41. Two versions were current. In the one given by L. the motive for Tarpeia's treachery was her love of the golden armillae. In the second, given in sundry forms with variations of detail by Simylus (ap. Plutarch, Romulus 18), Antigonus ofCarystus, and Propertius (4. 4), the motive was love for the opposing general-a Hellenistic plot recurrent in the treacheries of Komeitho (Apollodorus 2. 4· 7), Skylla (Apollodorus 3· 15· 8), Leukophrye (Parthenius 5), Peisidike (Parthenius 2 I ), N anis (Parthenius), and Tharbis (J osephus, A.J. 2. ro. 2), all Hellenistic tales. The gold-motive is also Hellenistic. In particular it was for gold that Arne betrayed her native Liphnum (Ovid, Met. 7.465 ff.). Of the two motives gold is perhaps the original. Rumpf, who investigated the nature of the armillae, concluded that they were the golden bracelets carrying a talisman (bullae) often seen on the arms of men in Etruscan paintings and statuary. The vogue for these ornaments was the fifth century B.C. : they are not to be seen after the third. The gold-motive became the accepted historical version and, as such, was used by Fabius Pictor and Cincius Alimentus (D.H. 2. 38; cf. Ovid, Fasti 1. 261; Festus 496 L.). In course of time anachronistic improvements were added (I I. 6 nn.). Her infamy was intensified by making her a Vestal Virgin (Varro, de Ling. Lat. 5.41; Propertius; Val. Max. 9. 6. I ; notice virginem in I I. 6) and the character of her father is worked up. The quest for novelty provoked a reaction. The historian Piso (D.H. 2. 38), influenced by the survival 74

12-13. 5. Mettius Curtius L. reverts to the external danger. The fourth act of the Sabine drama is taken up with the great battle in the Forum. ~s the legend of Tarpeia was to account for the name of the TarpeI~n rock, so the prominent features of the Forum, the temple of Juppiter St~tor and the Lacus Curtius, supplied the material for the present epIs.ode. In 29 6 B.C., during a critical phase of a battle against the Sammtes, ~. Atilius Regulus vowed a temple to Juppite~ Stator ~ ro. 36. I I) w~Ich was erected soon after (ro. 37. 15). Histoncally thIS was the earhest temple to that god; for although L. states that it re~laced a~ earlier Romulean fanum, the dedication-date, 27 June (OVId, Fastz 6: 793; the notice in Fast. Ant. refers to the second temple of J. S. m the porticus Metelli) cannot be that of a primitive shrine of J uppiter whose temples were always dedicated on the Ides of the month. Thus the whole story of Romulus' vow is pure legend. Whether the legend is older than the early third century or whet~er. the k~own relationship between Sabines and Samnites suggested ItS mventron as encouraging propaganda for the Romans is uncertain. . The Lacus Curtius, on the other hand, was a long-standmg monument. A cavity in the ground, caused by lightning or by natural subsidence it was revered as mundus and regarded as one of the ports of commu~icationwith the underworld. Hence coins were thrown into 75

ROMULUS t. :12-13.5

1.

12-13.5

ROMULUS

it by every Roman annually, a practice later secularized as a vow for the ?mperor's safety (Suetonius, Augustus 57). Like the stone of Attus NavlUs (~6. 5) and other such features, it was consecrated. The true ~xpla~atI?n of the name escapes us but three views were canvassed m antIqUIty .(Varro, ~e Li~g. ~at. 5. 148~50). The first, the product of late RepublIcan antIquanamsm, proposed that it derived its name from the consul of.445, C. Curtius (4. r. 1 n.), who consecrated the place e~ S. c.. after It had been struck by lightning. Although this view IS specIOUS, It presupposes that a pontifical notice survived in the Annal:s. If such a. n?tice had survived, it is hard to see why it did not occur m the annalIstIc narrative but there is no trace ofit in L. or D.H. ~he two other views are variations on the same theme. The story given by~. (ef. D.J:I. 2. 42-50; Plutarch, Romulus 50), attributing it to the mythlc~l MettlUs Curtius, goes back at least to Piso (fr. 6 P.). An altemat~ve (7. 6. 3":5, a Licinian passage) made the eponymous hero a certam M. CurtlUS who in 362 B.C. performed a devotio of himself and disappeared ~nto t~e ca,:ity (ef. Paulus Festus 42 L.; Val. Max. 5. 6: 2; Aug~stme, Cw. Del 5. 18). Piso's story is clearly old. ~yths which explam caverns by ~ell~ng of heroes being swallowed up m .the grou.nd are of great antIqUIty. The disappearance of Amp~l~raus (P~ndar, Nem. 9) is typical. So it is likely that this was the ongmal aetIology, Greek in character, which dated from the fourth cen~ury at the latest (12.2 n.). L.follows the conventional version as depicted also on a relief now in the Museo Nuovo which decora~ed a b~lustrade round the lacus. He may have taken it from Valerius An~Ias, ~o whom he will have switched after consulting him for the vanant m I I. 9. . If his telling ?f the fa~e of Tarpeia was bald and brief, L. lavishes ?IS .art on MettlUs CurtlUS. Macaulay himself exclaimed that it was eVidently from some poem' but a comparison with the narrative in D.H. shows that the epic and dramatic character is due not to L.'s source but to his technique. Apart from the similarity of situation to Agenor at the gate of Troy (Iliad 2 r. 537 ff.) and the echoes of epic language frequent in such battle-pieces (12. 2 n., 12.4 n., 12.8 n., 12.10 n., ~3. 1 n.) two features are distinctive. The intervention of the matrons, J~st a: the battle is being renewed with fresh ferocity (12. 10-13..1), IS ~ piece of calculated timing absent from D.H. who lamely leaves. It until the fighting is over. The same concern for dramatic effect IS shown when L. omits the consultation of the Senate and people (D.H. 2. 46) and reduces the Roman discomfiture from two routs to one. The psycholog~ of the parties is strongly brought out (12. 1,2, 9, ~o). Se~ondly, L. bnngs th~ w~IOle episode alive by devising charact~nzmg speeches f?r three prmCIpal participants. In 12. 4-6 (n.) the piety of Romulus, m 12.8 (n.) the truculence ofMettius Curtius, and

in 13. 2-3 (n.) the nobility of the chorus of Sabine women are finely suggested. The whole is rounded offwith a topographical note (13· 5)· Ovid Fasti I. 255 ff. is directly modelled on L. See G. Tomassetti, Bull. Com. Arch. 24 (1904), 181 ff.; E. CaetaniLovatelli, Aurea Roma, 1915,23 ff.; Platner-Ashby s.v. Lacus Curtius and Juppiter Stator; A. Akerstrom, Svenska Inst. i Rom, 2 (193 2), 7 2 ff.; Lugli, Roma Antica, 156-7; A. Andren, Hommages Herrmann, 99; E. Welin, Studien ::;ur Topographie des Forum Romanum, 75 ff. 12. 1. tamen: resumptive 'however that may be' marking a return to the main plot after a digression: cf. 3· 4 2 . 5, 4· 58. 5, 22. 39· 6, 35. 15· 6. 12.2. pugnam ciebant: 2.47. 1,3. 18.8,9.22.7. Otherwise found in Virgil (Aeneid r. 541, 5. 585, 9. 766, 12. 158 ) and Silius Italicus (5· 335, 7· 605). Mettius Curtius: for the name Mettius cf. 23. 4 n. Hostus Hostilius is a fiction invented to supply a respectable pedigree for his grandson Tullus Hostilius who would otherwise have seemed an upstart king (ef. Ancus Marcius). L. preserves the annalistic version, in which Hostilius was a companion-in-arms of Romulus and died bravely fighting the Sabines. It will be seen that the conflict of Hostilius and Mettius is a straight doublet of the conflict between Tullus Hostilius and Mettius Fufetius two generations later and is in no sense historical. This naive biography was much expanded by the antiquarians, who gave Hersilia as wife to him instead of to Romulus (1 r. 1-4 n.), and, in consequence of his being the first Roman parent, credited him with the invention of the bulla aurea and the toga praetexta (Macrobius 1.6. 16; ef. C.I.L. 15.7066). Some ofthis embroidery may stem from the private pretensions of the gens Hostilia. The claim that he was the first man to breach the walls of Fidenae (Pliny, N.H. 16. 1 I) is certainly inspired by the exploits ofL. Hostilius Mancinus who was the first person to break into Carthage in 148 B.C. (Pliny, N.H. 35· 23)· See Munzer, R.E., 'Hostilius (4)'· 12. 3. Palati: the traditional punctuation, taking the words ad veterem . .. Palati withfusaque est and putting a strong stop after Palati, is to be preferred on linguistic grounds (ef. 2. 49. 12 fusi retro ad saxa rubra) ; and it is implied by ipse that Romulus shared the general retreat. The words hic in Palatio are not to be pressed too exactly. Conway's assertion that the punctuation proposed by Madvig and adopted in the O.CT. is supported by resulting Ciceronian clausulae is irrele· vant, since in narrative L.'s preference is, if anything, for a dactylic clausula. D.H. 2. 42 writes, in agreement, TOU,
The Porta Mugionia, one of the three gates of the early Palatine city, lay on the north side of the hill where the ridge of the Veliajoins 77

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the Palatine. The name is variously spelled (D.H. 2. 50; Nonius 852 L.; Festus 131 L.; Solin. I. 24; Varro, de Ling. Lat. 5. 164) and was anciently derived either a Mugio quodam (Festus) or from the lowing (mugitus) of the cattle which passed daily through it to pasture. See Platner-Ashby s.v. 12. 4. Iuppiter: notice the markedly priestly style of the prayer with the repeated hie . .. hue . .. hine ... hie. areeo is used, here as elsewhere, as a technical term of keeping prtifani at a distance (cf. Horace, Odes 3. I. I; Ovid, Fasti 6. 482; Virgil, Aeneid I. 3 I ; Tacitus, Rist. 5. 8; Lucan 5. 139)· For praesens of immediate and effective divine aid cf. Virgil, Aeneid 9. 4 0 4; Horace, Odes 3. 5. 2; Ovid, Met. 7. 178; Cicero, Verr. 4. I07; C.I.L. 6. 545. For deme terrorem cf. Virgil, Aeneid 2. 775. 12. 5. at: to be taken with saltem (cf. Plautus, Mere. 637; Propertius 3. 7· 63 ; Virgil, Aeneid I. 557) rather than tu. at tu (ego &c.) occurs only in the apodosis ofa conditional sentence (cf., e.g., 4I. 3 n.). 12. 6. Statori: cf. C.I.L. 3. 895 depulsor. In later times a political interpretation was given of the cult-title, representing Juppiter as the stabilizing providence of the state (Seneca de Benif. 4. 7. I; Cicero, in Catil. I. 33; C.I.L. 6. 434), but the specific, military function is in general likely to be the earlier. It is rendered by the Greek E7~aLo, or 'Op()waw,. The temple is depicted on the relief from the tomb of the Haterii as Corinthian hexastyle. 12. 7. veluti: N read veluti si, which is to preferred (cf. I. 56. 12). 12. 8. ab Sabinis princeps: regarded by Walker as mistakenly inserted from 12. 2 but perhaps to be taken as an instance of an 'unconscious repetition' (14.4 n.). vieimus: Mettius' language is coarse and abusive. For hospites . . . hostes cf. 58. 8 n., 4. 32. 12. The alliteration is continued with virgines ... viris. The sentiments are doubtless intended to recall Hector's outburst against Paris. 12. 10. eonvalle: a synonym for vallis avoided by Cicero and the other classical prose-writers but affected, for example, by Virgil (Aeneid 6. 139, 679)·

which is less forceful) ; hine ... hine (for hine ... itline; cf. 2.46. 2, 3. 23. 7 : elsewhere not before Virgil, Aeneid I. 162) ; si ... si; nos . .. nos . .. nos. Equally marked is the chiasmus nepotum illi, hi liberum. In switching from indirect to direct speech without introducing a verb of speaking L. accelerates the climax (cf. 47. 6; see Lambert, Die Indirekte Rede, 38), an effect heightened by the contrast with the clipped sentences which conclude the narrative. In content, too, their appeal seems to owe something to the traditional pleas of poetry. For parrieidio . . . progeniem cf. Ovid, Met. 14. 801-2. 13.2. sanguine se: se sanguine, the order of TT'\, preferred by H. J. Milller and Bayet, is certainly right. Apart from the eccentric wordorder exhibited by M, elsewhere in the first chapters of Book I (I. I, I. IO, 2. 6, 3. 5, 5· 4, 5. 7 et al.), the natural position of se is as near the second place in the sentence or clause as possible; cf. 3. 28. IO sanguinis se ... non egere; Cicero, Brutus 12 populus se Romanus erexit: see KilhnerStegmann 2. 593. 13.4. silentium: 3.47.6 n. 13. 5. Q,uirites: Cures was a Sabine town on the left bank of the Tiber close to the Via Salaria. It was built on a hill with two summits at the foot of which flows the Fosso Corese. The existing ruins, excavated by Lanciani (Commentationes Philologieae in honorem T. Mommseni, 1877, 41 I ff.; see Hillsen, R.E., 'Cures') date from the late Republic when Cures survived as a munieipium, and the antiquity of the settlement cannot be established archaeologically. It was, however, intimately connected with the legends of early Rome, being traditionally the birth-place of Numa (18. I). The theory which derived the official name Quirites from Cures was maintained without serious dissent by the ancients (Columella, Praif. 19; Festus 304 L.; Ovid, Fasti 2. 475; Servius, adAen. 7. 7IO), despite the fact that the ethnic of Cures was Curenses (Varro, de Ling. Lat. 6. 68) which cannot morphologically be transmuted to Quirites. The etymology of Quirites (the singular is found once in the old formula ollus quiris leto datus est) remains unsolved. Plutarch (Romulus 29) urged a derivation from the Sabine word for a spear, euris. The only other attractive conjecture is Kretschmer's: *eouiriom 'an assembly of people' (cf. curia). See Kretschmer, Clotta IO (1919),147 ff.; Otto, Rh. Mus. 54 (1905), 197 ff.; Koch, Religio, 23 ff.; Walde-Hofmann s.v. monumentum: the Lacus Curtius, mentioned incidentally by Plautus (Cureulio 477), Pliny (NH. 15. 78), and Suetonius (Augustus 57; Calba 20), was close to the later Column of Phocas. In Sullan times the depression was paved over with two layers of grey eapellaeeio and brown tufa stone.

r. 12. 3

13. 1. tum: the TTEpLTTETHa, taking the form of intervention by the Sabine women, is described in graphic terms: erinibus passis (7. 40. 12, 26. 9. 7) is the normal state of hysterical women in epic (Virgil, Aeneid 1.480,2.404; notice also two mock-serious passages of Petronius (54, I I I)) and is not found elsewhere. inter tela volantia from its rhythm sounds like an epic phrase and may be Ennian: it is cited from Cato (Inc. Libr. ReI., p. 86 Jordan) and Fronto (de Bello Parth., p. 2IO van den Hout). Their appeal for peace is equally emotional. Notice the frequent anaphora: dirimere ... dirimere (for the second Gronovius read delenire 78

79

I.

13.

I

ROMULUS

ROMULUS

13.6-8. The Creation rif 30 Curzae and 3 Centuries The organization of the people into 3 tribes-which L. does not specifically mention (10. 6. 7)-and 30 curiae, based on family, was the oldest political system known at Rome. In an attenuated form the comitia curiata survived down to the last days of the Republic (5. 46. 10 n.). Before the creation of the comitia centuriata and comitia tributa, the curiae and their assembly will have formed the governing body. A memory of that position survived in the magisterial honours accorded to the curio maximus (3. 7.6 n.). But it is inconceivable that the curiate organization was as old as Romulus, or the eighth century. It should belong to the Etruscan period, the period of transition from a purely pastoral to an urban community thriving on agriculture and trade. Moreover, 30 curiae must either be contemporary with or later than the institution of the 3 tribes, for curiae are a decimal subdivision of the tribes. The names of the tribes, which are the same as the names of the 3 'Romulean' centuries, Ramn(ens)es, Titi(ens)es, and Luceres, are indubitably Etruscan, as Volnius ap. Varro, de Ling. Lat. 5. 55 argued. They are formed from Etruscan gentile names, luXre, titie, *ramne (Schulze 218). Thus, although the 3-tribe system is one of the oldest and commonest features of other Indo-European groups, at Rome it was a conscious creation of the late sixth or early fifth century consequent upon the urbanization of the state. So too the surviving names of the curiae, which are either local (Foriensis, Veliensis) or gentile (Acculeia), imply a late date: the Forum was not inhabited before the Etruscans. In throwing back the origin of these institutions to Romulus the Romans were partly influenced by the normal desire to attribute everything to 'the founder' (cf. the Spartan institutions and 'Lycurgus') and partly by false etymology. Ramnes suggested Romulus, Tities Tatius: only Luceres was a stumbling-block (13, 8 n.). If two of the tribes were called after Romulus and Tatius respectively, the tribal organization must be the result of the fusion of the Romans and Sabines. Ergo, the curiae must also be. One of the curiae was called Rapta (but cf. Etr. rapine). L. would seem not to be following Valerius Antias here who numbered the raped as 527 (fr. 3 P.: Juba put it as high as 683). The usual figure was 30 (Plutarch, Romulus 14). For the centuriae see also 15. 8 n.; 43. 9 n. See Pelham, Journal rif Philology 9 (1880), 266-79; Botsford, Roman Assemblies, 9 fr.; Mommsen, Staatsrecht, 3. 87 ff.; Berne, R.E., 'Luceres' ; Devoto, Athenaeum 3 I (1953), 335 fr. 13. 7. virorumve: -ve is used to convey a sub::>rdinate alternative within alternatives; cf. 29. 2, 2 I. 35. 2, 25· I. 12, 34· 35· 4.

13. 8. Lucerum: cf. Servius, ad Aen. 5. 560 Lucerum quorum secundum Livium et nomen et causa in occulto sunt. Various co~ectures were prevalent in antiquity: (I) from a king Lucumo, Lucius, or Lucomedius from Etruria who helped Romulus against Tatius (Cicero, de Rep. 2. 14; Junius ap. Varro, de Ling. Lat. 5· 55; see also D.H. 2. 37. 2); (2) from a king Lucerus of Ardea (Paulus Festus 10,6 L); (3) f~o~ lucus (Plutarch, Romulus 20; de Viris !llustr. 2. II!. L. s r?tIce~ce IS III part due to his conviction that the thIrd element III the tnpartite community was not Etruscan, as would be entailed by the first co~ecture, but Alban (30. 3, 33. 2). Yet if the three tribes are Romulean and Alba was only absorbed by Tullus, the Luceres could not be Alban.

I.

13. 6-8

80

I.

13.8

14. 1-3. The Death rif Tatius The connexion between Lavinium and the death of Tatius is not plausible. It is designed to account for the close religious ties between the two cities (I. 10 n.). L. gives a double motive for Romulus' actions (14, 3 seu ... seu). The first is the older and was known to Ennius (Annales 107 V.). The dangers inherent in joint kingship w~re p~o:erbia~ (~ol~ella 9· 9: I; Phaedrus I. 5. I). The second is ratIOnahstIc. ThIs CItatIOn of vanant motives may betray that L. has here switched from one source to another' the reason for Tatius' mission to Lavinium (ad sollemne sacrificiu/n) was not the reason given by Licinius Macer who with typical anti-clericalism supposed that Tatius set out merely to appease an angry mob (fr. 5 P.). 14. 2. sacrificium: I. 10 n. Not specified, but presumably taken to be a forerunner of the annual sacrifice to Vesta and the Penates performed by dictators, consuls, and praetors on relinquishin~ ~ffice ([~ervius], ad Aen. 2.296; Macrobius 3. 4. II; Latte, Rom. Relzgzonsgeschzchte, 295 n·5)· 14. 4-15. War with Fidenae and Veii The career of Romulus traditionally closed with two wars against Rome's nearest rivals, Fidenae and Veii. Neither is historical. Veii did not become a serious power until the fifth century and Fidenae was her bridgehead against Rome. Both cities were to tax the ingenuity of Roman commanders and in particular of that second Romulus, Camillus, in the closing years of the fifth century. Rome's ultimate success in that generation called for an earlier precedent which only Romulus could supply. The significant details of the battle are conventional tricks derived from textbooks (14, 7 n., 15· 3 n.). The whole is narrated in a flat style with little invention or embellishment (14.4 n.). 14. 4. propius: notice ipsis prope portis, prope se, and below (14, 7) the BIU32

81

G

ROMULUS

ROMULUS

repeated ipsis prope portis. Such unconscious repetitions are a feature of L.'s style, particularly when the subject-matter does not call for elaborate writing. Cf. 20.7 n., 35· 6 n., 49· 9 n., 59· 13 n., 2. 3· 4 n., 42. I In., 45. 3 n., 58. 6 n., 3. 9. 6 n., I I. 8 n., 26. In., 38. I In., 40. 3 n., 44. 8 n., 47. 4 n., 51. 2 n., 51. 13 n., 4· 58. 9 n., 5· 24· 2 n. See K. Gries, Class. Phil. 46 (1951), 36-37. Jac. Gronovius wished to delete prope se. 14.6. enim: this reflection, which is not to be found in the corresponding sections of D.H. or Plutarch, is characteristic of L.'s rhetorical moralizing (4. 37· 7 n.). 14. 7. locis circa densa obsita virgulta obscuris: so N, but to this, the most celebrated of all Livian cruces, there are objections. circa cannot be a preposition here and the conjunction of densa and obsita without a connecting particle is not adequately paralleled by 3. 43. 6 where armatum is pregnant or 40. 56. 9. Livian usage establishes that virgulta is only found in the plural (21. 54. 1,28.2. 1,29.32.9,42.63.9) and that obsitus should be qualified by an abl. (21. 54. I rivus . .. circa obsitus ..• virgultis vepribusque). It follows, with Hertz, that the only commendable emendation of the passage is locis circa densis obsitis virgultis, taking obscuris with insidiis (Amm. Marc. 16. 12. 23; cf. Cicero, in Catil. 3. 3) : 'he ordered a detachment to lurk in a concealed ambush, the area being overgrown all round with thick bushes'. Against the emendation is the unparalleled array of -is sounds. The reading of N is retained by Turnebus, Bekker, Conway, and Bayet, among others, but cannot be defended. fugae: Frontinus 2. 5 gives a score of examples of the use of this stratagem. 14. 9. quique: N read, with misgiving, the double quique cum equis. .ierant . Suc h d'lttograph'les are not m . firequent Iy fcound'm N , b ut {eo VlSZ erant neither is by itself adequate. visi erant cannot stand without a qualifying adverb in the sense 'were seen' (Madvig, M. Muller; but cf. 4. 40.2,7. 23.6). cum equis ierant, on the other hand, does not supply the necessary clarification that the cavalry had joined Romulus in the pretended flight, although it has met with wide acceptance (Gronovius, Nannius, Drakenborch, Crevier, Ruperti, Twiss, Kreyssig, Hertz, Frigell). Most of the emendations do violence to the sense: e.g. fusi (Bayet), pulsi (Grunauer), or abire visi (Weissenborn), avehi visi (Walters) erant. The Romans had not seemed to ride away: they had ridden away. They had not been routed but had only pretended to be routed. equites erant is possible (Alschefski, H. J. Muller; cf. 4. 33. 12, 24. I. 9) but palaeographically more attractive is viri erant (cf. Virgil, Aeneid 7·682; see G.Q. 9 (1959), 277). 15.1. Fidenates: for later history see 2. 19. 2 n.

Veientium: the first mention in L. ofVeii, for which see the introduction to Book 5. The site was first occupicd, like the Palatine, by scattered settlements in the Early Iron Age, and Villanovan pottery (800-700 B.C.) has been found over a wide area. Contact with Rome at this very early date is indicated by the discovery at Veii of some distinctively 'Latian' sherds ofthe same period, but these lend no support to the historicity of Romulus' war. For a detailed report of the early finds from Veii seeJ. B. Ward-Perkins, P.B.S.R. 39 (1961), 22 ff. 15. 3. dimicarent: the decision to fight an open battle rather than endure a siege is exemplified and commended by Frontinus (2. 6). 15. 5. oratores: 38. 2 n. centum: 30. 7 n. 15. 7. ab illo: sc. Romulus. a bello Ruperti. quadraginta: Numa's reign. 15. 8. Celeres: two explanations of the Celeres were current, one identifying them with the 300 equites of Romulus' army (13, 3; cf. Festus 48 L.; Pliny, NoH. 33. 35; Servius, ad Aen. 9. 368, I I. 603; Pomponius, Dig. I. 2. 2. 15, 2. 15.9: the name derived from dtVT7J'), the other, as here, seeing them as a bodyguard (D.H. 2. 13,29,64,4. 7 I; Plutarch, Romulus 26; Numa 7; Diodorus 8. 6. 3; Origo Gentis Romanae 23. 6: the name derived either from their leader, Celer, who in some accounts had been Romulus' assassin, or from dtVT7J')' The two versions correspond to the antiquarian and annalistic traditions respectively. Speculation seems to have started from the office of the tribunus celerum mentioned in connexion with the Salian ritual of 19 March (Fasti Praen. [salii] faciunt in comitio saltu [adstantibus poJntijicibus et trib. celer.). Evidently in early times the tribunus celerum was a military officer of importance: he survived only in religious cult. Thus the Celeres were remembered but their function and nature were lost in the past. Now by the second century there was a cleavage between the social or political status of an eques Romanus and the military eques, the cavalryman who actually fought. The one word eques .covered both the soldier and the civilian. At the same time the uniform arid armour of the contemporary cavalryman were quite different from the ceremonial dress f)f the eques Romanus or of the young combatants in the Ludus Troiae as it is depicted on monuments (Rostowzew, Klio, Beiheft 3) and described by Polybius (6. 25. 3). With the increasing importance of the equites as a political body in consequence ofthe activities of the Gracchi, it was desirable to invent a pedigree for them, distinct from the pedigree of the cavalry as such. The mysterious Celeres offered scope. Thus it is no accident that the earliest speculation about the Celeres goes back to M. Junius Congus Gracchanus (fl. c.

82

83

I.

14.4

1. 15. 1

100 B.C.).

The antiquarian account is, therefore, the older and dates from the

ROMULUS

ROMULUS

second century. The annalistic, making the Celeres into a bodyguard, with its sinister overtones, is in keeping with the tendency of the Sullan annalists to invent precedents for contemporary events. In 88 Sulpicius formed a bodyguard of600 knights (Plutarch, Marius 35). L.'s source can thus be shown to be no earlier than Sulla. Its identity cannot be ascertained for sure. Only Valerius Antias' account is known (fr. '2): the Celeres were a bodyguard who took their name from their leader Celer. See also Hill, Class. Phil. 33 (1938), '283.

older than the heyday of the gens Julia in the first century, for it is found in Cicero (de Rep. '2. '20; cf. de Legibus I. 3), but seems to have been a Julian tale invented to square the Alban origin of the J ulii (3 0 . '2 n.) with a proper feeling that a member of the family must have played a prominent part in the birth of Rome. Proculus is a farmer living at Alba who comes to Rome for the day (Cicero; Ovid, Fasti '2·499: 16,5 n.). Throughout Roman history Romulus remained a controversial figure. At the back of his career lurked the fratricide and other violent deeds, to be turned to his discredit if political needs required. The tide against him had certainly set in by the second century. Even Cicero, drawing ultimately on Fabius Pictor, reports that Proculus' announcement of Romulus' apotheosis was a put-up job-impulsu patrum. Such rationalization could be carried farther. Romulus was not translated, he was torn into little pieces by enraged enemies, by his new citizens, according to Licinius Macer, wishfully thinking of Sulla, or by the senators as in the variant cited in 16. 4. With the revival in the fortunes of the J ulii the apotheosis, and by implication the select role of Proculus, was strengthened. The assassination was referred to in the discussions of 67 B.C. Quirinus is figured for the only time on a coin of C. Memmius (Sydenham no. 9'21; c. 56 B.C.). After 44 B.C. the accounts of the death of Romulus are modelled on the murder of Caesar (D.H. '2.56.5; Plutarch, Romulus '27; Val. Max. 5. 3. I). L. follows a pre-Caesarian source which favours Romulus (16. 4 nobilitavit) and is, therefore, likely to be none other than Valerius Antias. But he makes the story into a set piece, whose climax is, as so often, a passage of moving speech (16. 6-7). The preliminaries are carefully staged. L. stresses the psychological reactions of the spectators (pavor, desiderio, desiderium) and employs his favourite devicethe dramatic pause at the moment oftension (16. '2 n.) . Well constructed and written in memorable language (16. 3 n., 16.6-7 n.) it is designed incidentally to illustrate the power of simple faith (fides, fidei, fide). SeeJ. B. Carter, A.].A. 13 (1909), '29 ff.; Klotz '207; Munzer, R.E., 'Julius (33)'; R. Klein, Konigtum u. Konigzeit bei Cicero; Classen, Philologus 106 (196'2), 174 ff.; Kajanto, God and Fate in Livv, 31; Hubaux 9 8 ff.; Weinstock, ].R.S. 50 (1960), 118; Burkert, Historia I I (19 6 '2), 356 ff. 16. 1. immortalibus: 'worthy of immortality'; cf. Seneca, Suas. 6. 5; Pliny, N.H. 35. 50. But, with Crevier and Ruperti, I would prefer mortalibus, 'there were the works done in his lifetime' ; cf. '2. 6 Aeneae

I.

15.8

16. The Apotheosis of Romulus The earliest legend of Romulus' end allowed him merely to vanish into thin air. This was the orthodox scheme for the death of heroes, particularly Greek heroes. The circumstances in which the disappearance occurred were gradually evolved. A review of the army in the Campus Martius was an appropriate occasion, the Caprae Palus an appropriate place. The latter in turn suggested by its name a date-Nonae Caprotinae = 7 July; see also Plutarch, Romulus '27; Solinus I. '20). The thunder and lightning were the expected accompaniment. The apotheosis of Romulus under the enigmatic name of Quirinus was fabricated earlier than Ennius (65, 115, I 17 V.), and recent attempts to attribute it to the manipulations of Julius Caesar, who was Pontifex Maximus from 63 B.C., and his cousin, Sex. Julius Caesar, who was Flamen Quirinalis in 57 B.C., must fail. Caesar exploited an existing tradition. Quirinus is found not merely by himself ('20. '2 n.) but also in Janus Quirinus (3'2. 9 n.), Mars Quirinus (Servius, ad Aen. I. '29'2), Juppiter Quirinus (I.L.S. 3036), and Hercules Quirinus. The meaning and grammatical status of the name are alike uncertain but current etymology derives it from *co-uiri-no 'the god of the assembly of men' and links it with Quirites and the Quirinal. The data indicate a Sabine origin ultimately, but in Roman rite Quirinus is connected with the peaceful activities of the Roman host. Mars Quirinus presides over the storing of the ancilia while Mars Gradivus is concerned with their stirring. Janus Quirinus governs the conclusion of wars, the return of the army to peace-time conditions, as Servius says (ad Aen. 6. 859): 'Quirinus est Mars qui praeest paci et intra civitatem colitur'. But Quirinus is no mere equivalent in Sabine demonology of the Roman Mars. His function was more extensive, to watch over the whole ordered community, the exercitus, at peace. In this sense the apotheosis of Romulus, the parens urbis, as Quirinus, quite apart from helping to fuse Roman and Sabine cults, was eminently suitable, but it betrays Hellenic influence, above all in the descensio (16. 6 n.). To it was added the separate story ofProculusJulius. It was certainly 84

I.

16

ullimum operum mortalium fuit. Caprae: a depression or swamp in the lowest part of the Campus

Martius near the Pantheon (cf. the Vicus Caprarius), formed by the silting of a small stream.

16.2

ROMULUS

INTERREGNUM

16. 2. sublimem raptum: the expression otherwise confined to poetry (34· 8; cf. Virgil, Aeneid 5. 255, I. 415; Plautus, Asin. 868; Terence, Andria 861) paves the way for the high-flown language which follows. silentium: 3.47. 6 n. 16. 3. deum: the crowds recognize the deity and acclaim him in fittingly religious terms. For deum deo natus see 40. 3 n.; for pacem exposcunt cf. 3. 7· 7-8 n. parentem salvere iubent represents the ancient formula used for invoking dead ancestors at the Parentalia-salve, parens (cf. Virgil, Aeneid 5· 80; Silius Ital. 17.65'; C.l.L. 6. 6457; Pliny, NH. 37. 205 salve, parens rerum). Thus Romulus is regarded as physically the father of Rome and as such he is invoked as one of the di genitales (cf. Dio 44. 37· 3)· The identification with Quirinus exalted that status. For parens urbis cf. Propertius, 4. 10. '7; Val. Max. 5. 3. I. After the salutation the Romans turn in the proper manner of prayers to entreat salvation (Appel, De Romanorum Precationibus, 122), as in the saecular prayer of '7 B.C. (I.L.S. 5050 quaeso precorque uti . .. semper Latinum nomen tueamini; cf. Plautus, Capt. 976; Men. I I '4). The terms also are sacral: for volens propitius cf. Cato, de Re Rust. 134; C.I.L. 6. 32329, 12. 4333; Plautus, Cure. 89 (a parody of a prayer); Livy 7. 26. 4, 24· 2 I, 10, 24. 38. 8. sospitare 'to keep safe' is an archaic word found in the prayer in Catullus 34. 24 (see Fordyce's n.). 16. 4.fuisse: echoed by Tacitus, Annals 3.29.2 (see Syme, Tacitus, 734)· 16. 5. et consilio: all that need be said in defence of et, deleted by the Aldine editors and Bekker, has been said by Ruhnken on Vell. Pat. I. 17. Proculus Julius: with his usual desire not to complicate a story by distracting details L. omits the fact that traditionally Proculus was a farmer (Cicero calls him agrestis) from Alba Longa. An Alban origin may be implied in the praenomen which designates someone born when his father was away (procul; cf. 2.41, 1,4.21, 6 n.). magnae: 'strange, supernatural'; see Shackleton Bailey, Propertiana, 55. 16. 6-7. inquit: Proculus' speech is highly poetic in tone as befits the recital of such a miraculous event. Notice the dactyllic clausula (resistere posse) with which Romulus' message concludes. Parallels for many of the phrases are only to be found among the poets. For hodierna luce cf. Lucretius 3· 1092; Propertius 3. 10. 7; Ovid, Heroid. 9. 167; for caelo, instead of de caelo (Cicero, Har. Resp. 62), delapsus cf. Virgil, Aeneid 7. 620; Ovid, Met. I, 212; for caelestes, as a pure substantive = di, cf. Ennius, fr. var. 23 V.; Catullus 64. '91,204,68. 76; for sublimis abiit cf. Virgil, Aeneid I, 415. ita velle ut is found only here in L. and does not seem to be sacral.

The epiphany, or technically, KUTUt{3ua{u, is a wholly Greek concept. A commonplace in Homer (e.g. Odyssey ,. 102; Iliad 24. 121; cf. Aeneid 8.423) it remained a constant feature of Greek religion (see the details given by P. Burman, ZEUS KUTUtfiaTTJS (, 734), passim) but found only a half-hearted acceptance in Roman rite (5. 13.6 n.). Romulus' descensio is, therefore, a piece of Hellenistic romanticizing. It has, however, been pointed out by Wagenvoort (Studies, 184) that it is presented in Roman guise. The superstition that one should not look upon the deity is not Greek but Roman (contra intueri fas; cf. Seneca, Epist. '15.4; Virgil, Aeneid 1.327 ff.; Ovid, Fasti 6. 7 ff.) and the message which Romulus gives-rem militarem colant-the standard Roman self-justification (Virgil, Aeneid 6. 847-53 with Norden's note). 16. 6. adstitissem: Burman (op. cit. 232) proposed restitissem which is perhaps to be preferred. Proculus, despite his terror, held his ground. 16. 7. sciant: governing nullas ... posse. 16.8. mirum quantum: 2. I. I I n.fides, the reading ofN, should be retained (Frigell, Epilegomena, 32-33). For fides est cf. 3. 10. 6, 43. 6.

It was afable convenue of Roman constitutional history that the power of the kings had been transferred in some form to the consuls. This theory, which does violence both to the facts of the historical process and to every probability about the nature of regnum and imperium respectively, was the outcome of conservative thinking which looked to see a continuous tradition in Roman institutions (3. 33. I). It had two consequences. Since by the second century the Senate had claimed and to some extent asserted an over-all supervision over the consuls' actions (2. 56. 12 n., 4. 26. 7 n., 4. 43. 7 n.), it followed that the Senate must have had some say in regal times over the choice of the kings. Hence patres auctores fiunt (17. 8-9): the Senate are supposed to have been responsible for the selection of a suitable candidate. Equally, however, the basis of the consular imperium in fact rested upon popular election. Therefore the choice of the king must have been ratified by popular vote (46. In., 47. 10). In this way grew up the accepted version that the kings were elected and power vested in them auctoribus patribus, iussu populi and it is this version which is exemplified in the present chapter. It has no historical foundation but recalls the political issues of the 80'S (Appian, B.C. I, 59). Equally anachronistic is the putative origin of the interregnum (3.8.2 n.). Although all the authorities agree that the first interregnum occurred after Romulus (Cicero, de Rep. 2. 23; D.H. 2. 57), this is mere invention to supply a precedent coeval with the state for an

86

87

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1.

16.6-7

17. The Interregnum

NUMA

NUMA

institution which was doubtless first created on the expulsion of the kings and which is first attested for 482 and 462. The belief that the original interregnum followed the death of Romulus may be as old as the fourth or third century but it took concrete shape with the antiquarian speculations particularly of Sulla's supporters when the interregnum was revived in the 80'S after more than a century's gap. Thus on both matters L.'s source is late Republican. L. himself makes no attempt to dress up the material apart from rounding the section off with an authentic-sounding prayer (17. IO n.). For recent discussions see U. Coli, Regnum; M. 1. Henderson, ].R.S. 47 (1957),82 ff.; Friezer, Mnemosyne 12 (1959),301-29. 17. 1. a singulis: Graevius's correction ad singulos is certain. Political issues were fought out at the group level: they had not yet descended to personalities. For the corruption of ad to a(b) cf. 4. 8. 4, 5· 27· 7, 7.12. 1,8.7. 10 ,10.31. 6, and see Filgner, Lexicon, 324. 22-36. For certamen pervenire ad cf. 8. 3. 6. For factionibus certabatur cf. 7. 2 I. 2; note also 4. 9. 2. 17.5. centumpatres: 8. 7 n., 2. I. 10 n. 17. 10. bonum faustum felixque: the ritual formula of prayer at the beginning of most public and private undertakings (Cicero, de Divin. I. 102 omnibus rebus agendis 'quod bonum faustum felix fortunatumque esset' praifabantur; L. I. 28. 7, 54. 8, 8. 25. 10, 24. 16. 10; Dessau, I.L.S. 112,4060,4434). It was, for instance, the formula used by the presiding magistrate before an assembly (39. 15. I), as is intended here.

The only historical fact about the second king of Rome, Numa Pompilius, is his name. Romulus was an eponymous hero, N uma was remembered. The Sabine origin may also be true although Numa is an Etruscan praenomen (C.l.E. 3335; cf. Numasius and see Schulze 197) and Pompilius is claimed by Schulze as Etruscan (183; d. Etr. pumple). The names may have been etruscanized and then latinized in the course of history. Nothing else about him has any foundation, and it is possible to study the stages by which his legendary biography was constructed. At the very heart of Indo-European thought, as Dumezil has frequently illustrated, lies the paired contrast of the warrior-king and the priest-king representing the two poles of human activity. It was, therefore, inevitable that from the start Numa should have been thought of as the priestly counterpart to Romulus and should have been credited as a second founder (19. I) with the religious as Romulus had been with the military institutions of the community. But ifNuma was a real king who lived c. 700 B,C., he cannot have been responsible for most of the actual institutions with which he is asso-

ciated unless the Etruscan phase of the city is older than either tradition or archaeology admIts: for the auguration (18.6-9 n.), the intercalation (19. 6-7 n.), the pontificate (20. 5 n.), and the cult of Egeria (21. 3 n.) are all Etruscan. It would look as if the Etruscan religious reformers at Rome in the late seventh and sixth centuries fathered many of their innovations on a king who was already recognized in the popular imagination as the founder of Roman religion. Substantially, therefore, the picture of Numa as a great religious founder with many specific institutions to his name will already have taken shape by 400 B.C. and resemblances detected between the 'theology' of that religious system and the contemporary Pythagoreanism prevalent in southern Italy, in particular at Tarentum, will have been one of the factors which prompted Greeks to claim Numa as a disciple of Pythagoras. In the following century this tendency will have been boosted both by the general acceptance with which the concept of the Philosopher King was greeted and by the particular movement led by Aristoxenus to claim Pythagorean origin for the laws and constitutions of the cities of Magna Graecia. The Pythagoreanism of N uma was a Greek fiction and Greek historians were the first to write of him, but the legend quickly took root in Rome. A statue of Pythagoras was set up in the comitium, probably in the third century, Ap. Claudius Caecus subscribed to Pythagorean doctrines and the Aemilii claimed their ancestor Mamercus as a son of Numa. The idea of divine sanction as a social instrument, which may well be Pythagorean (see Walbank on Polybius 6. 56. 6-12), was congenial to the Romans and helped to cement the link between Numa and Pythagoras. Thus by the time that the Romans first came to write their own history the detailed reign of Numa together with his alleged discipleship under Pythagoras was common currency. The surviving fragments of Ennius (119 ff. V.) mention Egeria, intercalation (reading menses for mensas), the ancilia, the Argei, and probably the Pythagorean connexion. But reaction was quick to set in. The simplest chronological calculations, such as necessitated the invention of the Alban king-list to co-ordinate the Fall of Troy and the Foundation of Rome, showed that Numa must have reigned c. 700 whereas Pythagoras was active in Croton in 509. The first explicit awareness of this fact is found in Cicero's source in de Rep. 2. 29 (cf. Tusc. Disp. 4. 2) but it is likely to have been appreciated by the elder Cato and to have been a decisive consideration in 181 B.C. In that year a chest was found on the ]aniculum by a certain Terentius (or, better, Tarentino quodam ; cf. de Viris Illustr. 3. 2) which was alleged to contain twelve books written by Numa including writings on Pythagorean philosophy (40. 29. 8; Pliny, N.H. 13.87). They were brought before the praetor,

88

89

I.

I7

18-21. The Reign

of Numa

I. 18-21

I. 18-21

NUMA

Q. Petilius, judged spurious, and ordered to be burnt. One hopes that

NUMA

I. 18-21

chronological considerations affected the decision. The sceptical attitude to the traditional, Ennian data about Numa was perpetuated by Cn. Gellius (frr. 16, 17 P.) and Cassius Hemina (frr. 12, 13 P.). With the rejection of the Pythagorean motive for his institutions, a new purpose was found. Numa wished to use religion as a political tool to secure a disciplined and harmonious community. He wished to replace the metus hostilis by the metus deorum as the unifying force in the state. It cannot be discovered who first viewed Numa's career in this light. The idea is an old one familiar from Greece (cf. the Sisyphus ofCritias) and it may already be implied by Polybius 6. 56. 6. It is certainly to the fore in L. with the piafraus ofNuma's consultation ofEgeria (21. 3-4) and there are strong arguments for believing that L.'s source for Numa was Valerius Antias. It cannot have been Licinius Macer, as he attributed intercalation not to Numa but to Romulus (fr. 4 P.) whereas Valerius gave the same account as L. (fr. 5 P.). And a specific example of moral decadence being averted by metus deorum is afforded by the history of C. Valerius Flaccus (27. 8. 5; from Valerius Antias). If L. did use Valerius for this section it tells us much about his methods. Valerius gave a lengthy and dramatic accout of the institution of the cult of]uppiter Elicius (fr. 6 P.): L. records the mere facts (20. 7 n.). Valerius related the full story of Numa's books (frr. 8, 9 P.): L. ignores them and rhetorically dismisses the Pythagorean connexion (18.2 n.). L. gives the barest outline ofNuma's innovations and subordinates them throughout to the theme of how peace can be held without moral degeneration (19. 4 n.). It is peace rather than religion which is near to his heart. Hence the prominence which he gives to ] anus (19. 1-3). The religious institutions are treated summarily. For L. an incident which might be developed into a literary episode was one which exemplified the virtus of a man. He is therefore content to stress the moral purpose behind Numa's reforms and to hint at the effect which the example of such a man can have (2 I. 2). Even without the allusion in 19. 3 such a treatment would be bound to strike a contemporary note for L.'s readers. Peace and the example of the princeps. Did not Augustus reappoint a Flamen Dialis after the lapse of seventy-five years and reform the Vestal Virgins (Suetonius, Aug. 31. 3)? See also 19. In., 3. 5. 14 n. See G. Buckmann, De Numae regis Romanorumfabula (Leipzig, 1912) ; G. Dumezil, Juppiter, Mars, Q.uirinus; Glaser, R.E., 'Numa Pompilius (I)'; F. Ribezzo, Rend. Accad. Lincei, 1950,553-73; L. Ferrero, Storia del Pitagorismo nel Mondo Romano, 142-52; Koch, Religio, 181 ff. For L.'s sources and his treatment of them see Burck 146-8; Kajanto, God and Fate in Livy, 43-44. For the problem of Numa's books see

E. von Lasaux, Abh. Munch. Akad. Wiss.5 (1847),83 ff.; Delatte, Bull. Acad. Roy. Belg. 1936; Herrmann, Latomus 5 (1946), 87. Further references are offered on individual topics below. 18. 2. Samium Pythagoram: according to Timaeus (ap. Strabo 638) the philosopher left Samos at the age of 18 (c. 570 B.C.). After thirty. three years' travel in Egypt and Babylonia and after a short return visit to Samos, he migrated to the West settling at Croton c. 530. In that year the Crotoniates had been disastrously defeated on the Sagra and their recovery in the course of the next twenty years is unanimously attributed to Pythagoras' 'moral re-armament' (Justin, 20. 4. I: from Timaeus). In 510 Croton in her turn defeated and annexed Sybaris. The victory produced a popular reaction against the Pythagorean system and it was probably in 509 that Pythagoras was forced to leave Croton for Metapontum where he died. During his period of influence at Croton he seems to have effected the revival of Crotoniate morale by instituting a brotherhood or avv.f8ptov of 300 young men, a more philosophical variant of the dv8pEta to be found in Dorian societies (Iamblichus, v.P. 254-60). Timaeus says that he left Samos originally because of the tyranny of Polycrates. That tyranny is currently dated c. 533-522 B.C. which would make Timaeus' chronology impossible, but there is archaeological and literary evidence (Ibycus) soon to be published by Mr. ]. P. Barron to show that there were two tyrants of that name, the first reigning from c. 571 to 540, the second from 533 to 522. L. may preserve a hint of the same truth preserved by Timaeus: for he places the activities of Pythagoras at Croton in the reign of Servius Tullius rather than that of Tarquin to which on established chronology they belong. See also]. S. Morrison, C.Q..6 (1956),135-56. 18.3. quaefama in Sabinos: sc. pervenisset but the ellipse is harsher than 40. 57. 3 which Frigell cites in defence. The easiest correction is quafama (with the deletion of the question-mark after Sabinos) as was proposed by Sigonius and accepted by Gronovius, Madvig, and Walch (Emend. Livianae, 45). It is confirmed by L.'s use of aut . .. ve; cf. I. I. 7 unde aut quo casu prrifecti domo quidve quaerentes ... exissent, where the main disjunction is expressed by -ve and a secondary disjunction within the first half ofthe main one by aut. Thus unde aut quo casu would be parallel to quae fama aut quo linguae commercio, and unde-aut-quo-casuprrifecti quidve quaerentes to qua-jama-aut-quo-commercio excivisset quove-praesidio pervenisset. For fama excivisset cf. 2. 26. 5, 29· 4· 7· 18. 4. tetrica: for the conventional picture of the ancient Sabines cf. Virgil, Georgics 2. 167, 532. The word is only here in L. and is not found in prose earlier (Varro, Men. 554). It is chosen for its rhetorical force and its alliteration with tristi. 18. 6. augure: Varro enlightens the procedure involved in the in-

90

91

18. 6

18. 7

NUMA

NUMA

auguration of Numa when he quotes the ritual for constituting a

as Varro himself is a t pains to make clear, the templum in terra is distinct and not a mere mirror-image of the templum in cae/o, so that there is no reason why the same conditions should hold good for both. 18. 8. quo: N read quod which was accepted by the earliest editors. The relative quod 'what' does not, however, construe with the superlative. Norden recognizing a usage long known in Lucretius (see Lachmann on 5. I033; ef. 2. 248 quod cemere possis) understood quod as quoad and supposed that it was designed to suggest the sacral atmosphere. Otherwise we must emend to quoad (Heerwagen; cf. 2. 25· 4) : quo is no more than a trivialization. translato: for a similar action in oriental ceremony cf. Pap. Graec. Mag. I (1928), 18 T~V Ef3EVtVYJV pdf380v ~v EXHS XHP~ EV Til Aa~fi. fLET~VEYKOV ds T~V 8Eg~dv. 18. 9. Iuppiter: the prayer is solemnly phrased. uti introduces the actual wish as in ut te di deaeque perduint. Notice the archaizing form of the perfect subjunctive (3. 64. 10 n.) : adelarare itself does not appear to occur elsewhere in Latin but its meaning 'to reveal, to make clear' is self-evident.

1.

templum in terris (de Ling. Lat. 7. 8): 'in terris dictum templum locus

augurii aut auspicii causa quibusdam conceptis verbis finitus. concipitur verbis non isdem usque quaque; in arce sic: "tem(pla) tescaque metata (me ita codd.) sunto quoad ego caste lingua nuncupavero. ullaber arbos quirquir est quam me sentio dixisse templum tescumque tfesto in sinistrum. ollaner arbos quirquir est quam me sentio dixisse templum tescumque tfesto dextrum. inter ea conregione conspicione cortumione utique ea erectissime sensi".' As in other cases (24. 4 ff.) L. has made a narrative out of a formula. The augur proceeds to the arx and sets up for his observations a timber-framed hut (the original meaning of templum; cf. Festus 505 L.; Vitruvius 4. 2.5, 7· 5; see Weinstock, Mitt. Deutsch. Arch. Inst. 47 (1932),95-121 who couples Lat. temno, Gr. T~fLVW). He then defines his field of observation by reference to certain visible objects such as trees on its edges (jines animo metari,jinire; cf. 18. 7, 18.9,10.6) and determines the favourable and unfavourable quarters of the field. These are not pre-determined by compass directions as they are in the celestial templum (templum in caelo; cf. Varro, de Ling. Lat. 7. 7) but are relative to the direction which the augur is facing (18.7 n.). Thus the regiones of 18.7 correspond to Varro's inter ea conregione conspicione. Thereupon the augur waits for the specified auguries and pronounces accordingly. The whole ritual has the closest analogies with Greek and especially Oriental procedure (18. 7 n., 18.8 n.) and it must be assumed that it was adopted by the Romans from the Etruscans who in their turn had inherited it from the East. It cannot therefore have been practised at Rome before the Etruscan dynasty. The same anachronism is tacitly confessed at 4. 4. 2. See also H. J. Rose, ].R.S. 13 (1923), 82 ff. 18. 6. in lapide: there is no parallel for N's in lapidem: contrast Virgil, Eel. 3· 55; Curtius 8. 4· 15; Nepos, Pausanias 4· 4· 18. 7. lituum: the augur's carved staff seems to have been Hittite in origin and to have been taken over by the Etruscans tog-ether with other Oriental features of the augural art. litui figure frequently in Hittite monuments and the remains of three have actually been uncovered at Alaca dating from the period 2300-2000 B.C. (Wainwright, Anat. Studies 9 (1959), 210). regiones: IO. 6 n. L. paraphrases the technical language for which ef. I.L.S. 4907 ollis legib. ollisque regionibus dabo dedicaboque quas hie hodie palam dixero; Varro, loco sup. cit. dextras . . . dixit: the sentence was deleted by Regell (Neue Jahrb. f Phil. 123 (188 I), 6 I8 ff.), in which he was followed by H. J. Milller and Frothingham, on the grounds that the directions here specified are incompatible with those usually specified for the templum in caelo (Varro, de Ling. Lat. 7. 7; Servius, ad Aen. r. 92, 6. 191, 7. 187). But, 92

19. 1-4. The Temple

1.

of Janus

The shrine of Janus Geminus, a small rectangular structure with double doors at each end, lay in the forum near the Curia where the Argiletum entered (Ovid, Fasti I. 258; Seneca, Apoc. 9. 2; Dio 83· 13; Servius, ad Aen. 7. 607; for the latest discussion of its site see A. von Gerkan, Gesam. Aufsiitze, 330-2). There were several legends about its origin. Apart from the version given by L. here (Pliny, N.H. 34· 33; Varro, de Ling. Lat. 5. 165), Macrobius (r. 9. 17-18) says that it was already in existence when the Sabines under Titus attacked Rome, while others (Ovid, loco cit. ; Servius, ad Aen. I. 291) held that it was erected to commemorate the intervention of the god on that occasion. I ts peculiar structure has been held to be a survival from a primitive religious crossing of the Argiletum brook which marked the frontier of the earliest Palatine community (L. A. Holland, Janus, 108 ff.), but the ancient testimony which never links Janus with water crossings cannot be disregarded. It is an elaboration of the trilithon or sacral gateway so widely found (cf. the tigillum sororium; a similar pylon figures on a seal from Mycenae). There was no doubt in antiquity as to the function of the god (32. 10 n.). In the popular imagination of the Empire the doors symbolized the passing from war to peace, the beginning or end of hostilities. The tradition that they were closed in 235 (or 241: see 19. 3 n.) after the First Punic War derives at least from the historian Piso (ap. Varro, de Ling. Lat. 5. 165) and there may well have been an authentic notice of it. It is, however, 93

NUMA

NUMA

surprising that there should be no other recorded instance of the doors being shut, for even in the centuries after 241 there were numerous periods of total peace. This may suggest that the practice of closing the doors as a symbol of peace was not in fact generally recognized but was resuscitated either by antiquarians in the closing years of the Republic or by Octavian himself as a propaganda gesture. Some such period of desuetude would also account for the diversity of legends about the founder of the shrine. N uma attracted cults to him. Octavian closed the temple ofJanus in 29 B.C. but L. here refers to him as Caesar Augustus, the appellation which he only received on 16 January 27 B.C. The temple of Janus was closed again in 25 B.C. after the Spanish campaigns of the preceding two years (Res Gestae 3). It follows that this section was written between 27 and 25 B.C. or possibly between 29 and 25 B.C. if it be allowed that the title Caesar Augustus could be a subsequent modification: it is quite out of the question to make the whole passage a later insertion or afterthought, since it gives the theme-pax-for the treatment of Numa's reign. See also Soltau, Hermes 29 (1894),611 ff.; Deubner, Mitt. Deutsch. Arch. Inst. 36 (192 I), 14 ff. ; J. Bridge, Class. ]ourn. 23 (1928), 6 ro ff. ; Syme, Harvard Studies in Class. Phil. 64 (1959),42-43; Latte, Religionsgeschichte, 132-3. 19. 1. legibus ... conderc: Numa as a second founder of Rome is an old idea; cf. Virgil, Aeneid 6. 8ro-II (with Norden's note; from Ennius).Augustusalsoclaimedlegibusurbemfundavi (Seneca, Apoc. 10.2). 19.2. efferari: 19.4 n. 19. 3. T. Manlio: so also Varro, and secondary sources. T. Manlius Torquatus was consul in 235. The war was actually concluded in 241, in which year A. Manlius Torquatus was consul. There may have been corruption or omission of praenomina in the original source of the notice. pace terra marique parta: the earliest example of a common slogan. 'Peace over Land and Sea' was a development ofa common Hellenistic title 'Ruler over Land and Sea' which itself had its roots far back in Greek terminology. Pompey is named by Cicero as ruler terra marique (pro Balbo 16). The association of universal rule and peace came to be made by the end of the Republic (Appian, B.G. 5. 542; I.L.S. 8776) but the new formula prudently exalted Peace at the expense of the individual conqueror. It is, therefore, likely to be an Augustan creation (cf. Res Gestae 13; Suetonius, Augustus 22). See more fully Momigliano ].R.S. 32 (1942), 62-63. 19. 4. luxuriarent: 22. 2. It was an old Greek view canonized in the Hellenistic period that peace was liable to involve luxury (TPV
Laws 698 B ff.; Polybius 6.57.5, 31. 25. 3)' In Roman thought it was particularly associated with the destruction of Carthage in 146 B.C. which removed Rome's last antagonist (Plutarch, Cato maior 27). It became commonplace both in literature (e.g. Catullus 51) and in history, being employed both by Polybius and by Sallust (Catiline ro. I ; ]ugurtha 41. I; Hist. fr. I I M.). There is nothing surprising in L.'s use of the theory but he makes one typical and significant addition of his own. Whereas other Romans accepted war and military service as fields in which a man's virtus could be seen to best advantage, L. rejects that assumption. For him war itself is degrading-@erari militia animos. This is a heterodox notion, found only among Romans of his time (e.g. Horace, Epode 7; ef. Tacitus, Hist. 3. 25, 3 I, 33). His chief care is peace, and it is no accident that his accounts of battles are invariably schematic and amateurish. Therefore the replacement of the metus hostilis by the metus deorum which was a political pis aller to Sallust and others was for L. a consummation devoutly to be wished. See further Klingner, Hermes 63 (1928), 182 ff.; Passerini, Stud. Ital. II (1934),52 ff.; Fraenkel, Horace, 212-13; D. C. Earl, The Political Thought if Sallust, 47-48. 19. 5. sine aliquo commento: for Egeria see below on 2 I. 3-4. The deception of an ignorant people for their own good was a traditional feature of Numa's work (Polybius 6. 56. 9). Such pia fraus was permissible for the Philosopher King whom Plato made yevvai'6v Tt EV !fevSw8at (Republic 414 B) in order that the people could be properly amenable to education, and it is from Plato that the idea is ultimately derived.

r. 19. 1-4

94

r. 19· 4:

19. 6-7. The Riform if the Calendar Although not explicitly stated, it is implied that Numa's calendar supplanted a previous one, presumably the ro-month calendar ascribed to Romulus (Ovid, Fasti 1. 27 ff., 3. 99 ff.; Censorinus 20. 2, drawing on Republican antiquarians). It was generally held that those ten months contained only 304 days and that the winter months, being valueless to a farmer, were not included. This is almost certainly false. The earliest community was pastoral, not agricultural, and herds have to be tended for 365 days a year. Such speculations are a throw-back from a time when months had a fixed number of days. There are primitive communities spread over a large area which have had months of widely differing duration. The change to a 12-month calendar was inspired not merely by the desire to correlate the lunar and solar year but by a more exact computation of both undertaken principally by the Babylonians and mediated through the Etruscans. The terminus ante quem is given by the fact that it did not originally contain any reference to the dedication of 95

I.

19. 6-7

NUMA

the temple of J uppiter Capitolinus in 509 (Fasti Ant.). The terminus post quem should be supplied by the names of the months of which one at least is exclusively Etruscan (Aprilis; from Etr. apru, possibly akin to J44>pw, J44>po8t'T~). It is unlikely that the reform can have been carried out by any king ruling at Rome c. 700 B.C. It belongs to the Etruscanizing period a century later. The reason for attributing it to Numa, apart from his popularity for attracting religious reforms, will be that the name of one of the two new months (Januarius) provides a bridge to the cult of Janus. According to a third tradition (Censorinus 20. 6; Macrobius 1. 13· 12), the Decemvirs invented the intercalary system based on the insertion of extra months of 22 and 23 days every alternate year to produce a 4-year cycle of 1,465 days against an actual solar cycle of 1,460. This tradition is not necessarily incompatible with that given by L. here. The Decemviral system may, historically, have been designed to improve on an earlier more inaccurate one. Equally irrelevant is the evidence of Macrobius (I. 13. 13) who speaks of a system of intercalation designed to rectify the calendar every 24 years; which led Robortelli to read vicesimo
96

NUMA

1.

Ig. 6

to understand vicesimo anna 'every twenty years' (ef. Pliny, N.H. 2. 32; Censorinus 17· 9)· 19.7. nifastos . . .fastosque: ef. Varro, de Ling. Lat. 6. 29, 'dies fasti per quos praetoribus omnia verba sine piaculo licet fari . . .; contrarii hoI'urn vocantur dies nefasti, per quos dies nefas fari praetorem: do, dico, addico'. The pre-Julian Calendar from Antium shows that the marking of days Nand F was as old as the oldest calendar. A similar system is known from Knossos: see the tablet KN V 280.

The Flamines The institution of regular cults entailed the appointment of regular priests to maintain ~hem. L. implies that such sacerdotal functions had originally been the prerogative of the king but that increasing commitments obliged him to create a deputy or substitute to whom the greater part of these duties could be delegated. Historically this may have been so: the Flamen Dialis wore the dress and enjoyed the perquisites reserved for the king (20. 2; cf. 8. 3). Since on the expulsion of the kings their remaining sacral duties passed to a specially created rex sacrorum (2. 2. I n.), the flaminate must have been an earlier, regal institution. There were in all fifteenjlamines each occupied with the cult of a particular deity, but of these only the Dialis, Quirinalis, and Martialis were jlamines maiores, subject to a large number of restrictions, particularly severe for the Dialis (details in Aulus Gellius IO. 15; Plutarch, Q..R. 40, 44, 50, I09-I3), and responsible for the performance of the most important sacrifices. No precise date for the institution of the flaminate can be attempted. (Gjerstad, Legends and Facts, 30, argues for a pre-575 date.) For details of their duties and functions see Wissowa, Religion, 504 fr.; Rose, Introduction to Plutarch, Q..R. I09-I2; Dumezil, La Regalita Sacra, 416. 20. 1. jlaminem: modern etymologists compare Anglo-Saxon blolan 'sacrificare' or Ind. brahmii and suggest a meaning 'sacrificer'. The ancients favoured an aetiological derivation a fila (details in WaldeHofmann s.v.) One of the chief duties of the priest was to supervise the sacrificial fire so that, as censor is probably derived from the root -cendere and connected with the fire-ceremony lustrum c~ndere (44. 2 n.), jlamen may point tojlare from which comes alsojlamen (neut.) 'a blast'. 20. 2. Q.uirino: see note on 16 above; 32. 9 n. The Vestal Virgins The cult of Vesta was in origin the cult of the hearth of the individual house. When it became a state-cult it was localized on the king's hearth (2. 2. I n.) but with the increasingly secular role performed by the king a separate hearth, the Atrium Vestae, shared also 814432

97

H

NUMA

NUMA

by the Penates, became the centre and the maintenance of the sacred fire was entrusted to an order of six (originally perhaps four; ef. Plutarch, Numa 10; D.H. 2. 67. I; Festus 468 L.) virgins recruited by a fictitious captio from among the ranks of patrician girls between the ages of six and ten (Aul. Gell. I. 12. I). They acted as serving-women under the supervision originally of the rex and later of the pontijex maximus. The tradition that they were instituted by Numa is given also by Aul. Gell. I. 12. 10 and Ovid, Fasti 6.259 but may be no more than a reconstruction from the connexion between Numa and Egeria: the Vestals drew water from the well of the Camenae (Plutarch, Numa 13). An older, Romulean or Alban, origin is also asserted by Plutarch (Romulus 22; ef. D.H. 2. 63). The cult of Vesta was also established at Lavinium, so that it is possible that her worship with colleges of virgins in attendance was at one time more widespread throughout Latium. The Alban ancestry may be no more than Julian pretentiousness. See Wissowa, Religion, 504 fr.; Rose, Mnemosyne 54 (1926),440 fr.; 56 (1928), 79 fr.; Giannelli, Il Sacerdozio delle Vestali; T. Worsford, The History of the Vestal Virgins; Latte, Religionsgeschichte, 108-10; Weinstock, R.E., 'Vesta', cols. 1732-52. 20. 3. stipendium: cf. Tacitus, Annals 4. 16. 6. virginitate: any infringement was regarded as incestum and treated accordingly (4.44. I In., 2.42. I In.). caerimoniis: e.g. the ritual attending their induction as Vestals.

The Salii There were two colleges of dancing priests, Salii (from salire), the Palatini and the Collini (5. 52. 7). Tradition accounted for them by supposing that in a time of plague a sacred shield (ancile) fell from heaven into Numa's hands. He commanded a smith, Mamurius Veturius, to manufacture twelve replicas which were entrusted to a specially created brotherhood of Salii. The second brotherhood was vowed by Tullus Hostilius in the straits of battle (27.8). ([Servius], ad Aen. 8. 285 is heterodox.) Their true origin is a matter of conjecture. The participation of Mamurius Veturius can safely be disregarded, for Mamurius is certainly an Etruscan name (Schulze 228, 360) and he is no more than a reconstruction from certain words which occurred in the immemorial song of Salii (Varro, de Ling. Lat. 6. 49), a song which was quite unintelligible even in antiquity (Varro, de Ling. Lat. 7. 3; Horace, Epist. 2. I. 86; Quintilian I. 6. 40). The double college recalls the double college of Luperci (see note on ch. 5 above) and points to an amalgamation of two separate bodies of SaIii belonging to two separate communities, that of the Palatine and of the Quirinal. Now the great

antiquity of the Salian brotherhood is evidenced both by their widespread distribution throughout Latium (at Lavinium, Alba, Aricia, Anagnia, Tusculum, and Tibur: evidence in Latte, Religionsgeschichte, 115 n. 3) and by the antiquated character of their armour (20.4 n.) which is of Bronze Age date and has its closest affinities with Mycenaean armour. In other words, unlike many institutions credited to Numa, it pre-dates rather than post-dates the period of his reign and can legitimately be ascribed to the generation before the unification of Rome. The great antiquity of the ritual may account for a certain contradiction in its interpretation. In historical times the dance which the Salii performed was certainly a war-dance held in connexion with other military ceremonies before the opening of the campaigning season (I, 9, 23 March) and after it in October. On the other hand, such armed dances among primitive societies appear invariably to be apotropaic in character (ef., e.g.,Ap. Rhod. I. 1134 fr.) and an eighthcentury bronze urn from Bisenzio on Lake Bolsena depicts a closely analogous dance which is unmistakably magical in character. We may infer that the original Salian ritual was apotropaic and of very great antiquity but that it was converted to a military purpose, presumably under Etruscan systematization. In neither stage is there any ground for linking it with the name of Numa. See further Helbig, Mem. Acad. d. Inscr. 37 (19°5), 205 fr.; Latte, Religionsgeschichte, 114-16; Bloch, Mil. d'Arch. et d'Hist. 70 (1958), 7-37; Origins of Rome, 134-41. 20. 4. Marti Gradivo: 5. 52. 7. In historical times M. Gradivus presided over the inception (ancilia movere) and M. Quirinus over the termination (ancilia condere) of war but the precise way in which this distinction became fixed cannot be recovered, if only because the point of the name Gradivus defies elucidation. The ancients invoked gradi, representing the dance-steps of the Salii (Varro, de Ling. Lat. 5. 85 ; Diomedes 476 K. ; but the -a- in Gradivus is long; but ef. Ovid, Met. 6. 427), Kpa8a£vw, gravis, and gramen. Modern etymologists resign themselves to supposing a foreign, possibly IlIyrian or Thracian, origin of the name but it is hard to doubt that it is related to Grabovius which occurs in the Iguvine Tables (I A I I ; VI B I) as a cognomen of Mars as well as of ]uppiter. Orthodox opinion regards Grabovius as connected with IlIyrian Tpaf30s from a root meaning 'oak, horn-beam' (Poultney, The Bronze Tables of Iguvium, 240 with references). Grabto Lat. Grad- is not a possible morphological change but may be the result of false assimilation from the character of the Salian dance (gradus). See also Walde-Hofmann s.v.; Boehm, R.E., 'Gradivus'. tunicaeque pictae: so also D.H. 2. 70; Plutarch, Numa 13. 'He granted them the distinction of an embroidered tunic.'

98

99

1. 20. 2

1. 20.

3

NUMA

NUMA

aeneum pectori tegumen: apparently not a complete or half-cuirass but a rectangular piece of bronze worn in front to protect the chest (Polybius 6. 23. 14 Kapow4J15Aag). A number of examples have been found in late-eighth-century Etruscan tombs. ancilia: from *am(bi)-caid-sli (Varro, de Ling. Lat. 7.43 ab utraque parte ... incisa; Festus I 17 L.). The distinctive figure-of-eight shape implied by their name and recognizable in coins and gems (Furtwangler, Die Antiken Gemmen, pI. xxii, no. 62) recalls the identically shaped bodyshields known from Homer and depicted on Cretan and Mycenaean monuments (see H. L. Lorimer, Homer and the Monuments, 132 ff.). It is likely that the Mycenaean culture, mediated perhaps through Illyria, is the ultimate source of the ancilia; for other pieces of armour worn by the Salii but not described by L. (the apex and xaAKij /LLTpa 7TAaTE~a) also have counterparts in that culture (see the full survey of matenal in Helbig, op. cit.; Lorimer 2 I Iff., 245 ff.). The armour is intended for the conditions of 'heroic' fighting and not for hoplite warfare which with the small shield and thrusting sword was introduced by the Etruscans under Greek influence in the seventh century. It follows that the Salians must have reached Rome by the end of the Bronze Age before the Etruscan infiltration of Latium. cum tripudiis sollemnique saltatu: 'with ritual dancing ill ternary rhythm'.

dating of the power of the pontificate to Numa. Contemporary thirdcentury politics may also be reflected in 20. 6 quo consultum plebs veniret. Cn. Flavius had opened the pontifical arcana in 304 for public inspection (9. 46. I fr.). L. suits his language to his theme, using a number of rare but imposing technicalities (20. 5 n., 20. 7 n.). See Latte, Religionsgeschichte, 195-7. 20. 5. Numam Marcium: for the praenomen see note on 18-2 I above. He is named by Tacitus (Annals 6. I I) as praifectus urbi under Tullus Hostilius. His father M. Marcius, the progenitor of the gens Marcia, claimed kinship with Numa Pompilius (Plutarch, Numa 3) which accounts for his praenomen. The son himself married Numa's daughter Pompilia, and was the father of Ancus Marcius (32. I). The snobbish interrelationship is entirely fictitious. See Munzer, R.E., 'Marcius (24)'. exscripta exsignataque: exsignare occurs elsewhere in Latin only in Plautus, Trin. 655. It is an archaic word chosen here partly to balance exscripta in the carmen-style and partly for its air of antiquity. Cf. quibus hostiis, quibus diebus. 20.7. iusta .. .junebria: cf. Caesar, B.G. 6. 19.5 for the technical term. curarentur: Gronovius followed by Crevier, Wimmercranz, Harant, and other editors, proposed procurarentur, the usual term, but curare is similarly used by Orosius 5. 4. 19 and sacra curare is frequent (31. 8). On the other hand procuranda follows in 21. I and L.'s habit of unconscious repetition (14. 4 n. ; cf. susciperentur ... suscipienda essent here) favours the restoration of the proper technical term.

I. 20.

4

I. 20.

4

The Pontijicate The low place enjoyed by the pontijices in the official order of precedence (Festus 198 L. ; Aul. Gell. ro. 15. 2 I) and the religious pre-eminence possessed originally by the Flamen Dialis and later shared by the rex sacrorum would be sufficient by themselves to show that the sphere of responsibility allotted to the pontifex (maximus) by Numa is anachronistic and exaggerated. Their name (pons, jacere) points to an activity which was originally important but restricted (33.6 n.; 4. 12. I In.; see on the Argei below). They were responsible for roads as well as bridges; for in early times roads are no more than stretches of country between bridges. Since their duties combined religious and practical matters, the pontijices were better placed to keep abreast of the times. New cults were entrusted to them rather than to thejlamines who were reserved for particular deities. The stages by which the pontificate came to assume control of the Roman religious system as the guardian de sacris, de votis, de jeriis et de sepulcris et si quid eiusmodi est (Cicero, de Legibus 2. 47) cannot be traced in any detail but the process was effected by the third century (2. 2. I n.). Now it is in the late fourth and early third centuries that the plebeian gens lv[arcia was at its height (see note on 32-34). Their claim to have supplied the first pontifex will have gone hand-in-hand with the back-

Juppiter Elicius A stone, the manalis lapis, brought into the city at a very early date was connected with a magical ceremony for the procuration of rain (Festus 115 L.; Varro ap. Non. 547; [Servius], ad Aen. 3. 175). The ceremony was known as the Aquelicium (Paulus 2 L.). Such rainstones are a commonplace of early superstition among communities which depend on a reliable supply of water. At Rome as a concomitant or even, when the concept of the sky-god Juppiter began to grow and crystallize, as a development of the ritual of the rain-stone, worship was directed to J uppiter Elicius for the purpose of procuring rain. The cult is obviously ancient. Indeed its situation on the Aventine might be used as evidence for a date before the Etruscanization ofRome had confined the city as a religious entity within the pomerium. The specific attribution to Numa is groundless, being inspired by his religious activity and his connexion with fountains (Egeria). Valerius Antias (fr. 6 P.) told of the institution of the cult at great length on the model of the Proteus story in Homer. Because it had no human or dramatic possibilities L. abbreviated it to a mere notice.

100

101

7

NUMA

NUMA

See Samter, Archiv j Relig.-Wissen. 21 (1922), 317; Usener, Rh. 1\Jfus.60 (1921), Iff.; M. A. Rubins, Mem. Amer. Ac. Rome 10 (1932), a5; Bomer, Archiv j Relig.-Wissen. 33 (1936), 270 fr.; Latte, Religionsgeschichte, 78-79. 21. 1. proximo: the vulgate reading retained by Wex (cf. Horace, Odes I. 12. 52) could only be defended as an abl. of circumstance but the parallel passage of Ovid (Fasti I. 25 I progue metu populum sine Lli pudor ipse regebat) demands the presence of pro while the lack of adjectives qualifying fides ac iusiurandum may be invoked to confirm that no adjective is to be expected qualifying legum ac poenarum metu (for a similar balance cf. 4. 23. I n.). The most satisfactory emendation is, therefore, Novak's pro: the corruption may be explained by the similarity of the contractions for pro andproximus (Cappelli 257,299).

equivalent was forthcoming in the spring Hippocrene frequented by the Muses which invited the identification of the Camenae and the Muses (Livius Andron. Odyss. fr. I). The final touch was to explain the aura of Pythagoreanism which came to surround,Numa's name and to depict the shrine in terms which were more commonly used to describe the Orphico-Pythagorean concept of paradise-grove, cool water, shadow, quiet, pleasant scent, flower-filled meadow, altar: [Plato], Axiochus37 I C; Lucian, VeraHist. 2. Sff.; seeA. Turyn, T.A.P.A. 78 (194 2), 308 ). It lay at the southern extremity of the Caelian Hill. See Platner-Ashby S.v. 'Camenae'; Waszink, Class. et Med. 17 (195 6), 139 ff.; Latte, Religionsgeschichte, 77. 21. 3. lucus erat ... quo . .. eum lucum: L. employs a formal pattern of desc~iptive technique commonly used in epic to begin a story (Virgil, Aenezd I. 159 ff.; 44 1 ff.; 4. 480ff. with Austin's note; 5. 124ff.; 7· 5 63 f.; Propertius 4· 4· 3 ff.; see Fraenkel, de Med. et Nov. Com. Q,uaest. Sel. (Diss. Gottingen, 1912),46 ff.; G. W. Williams, l.R.S. 47 (1957),24 6). The pattern goes back to Homer. L.'s use of it serves to isolate the Egeria episode and highlight its importance.

I. 20.

I. 21.

3

The Shrine of Egeria The importance of water for any community is illustrated by the devotion accorded from the earliest times to springs and wells. In the pre-julian calendar which dates back to the beginnings of organized religion at Rome an offering was made to the Camenae on 13 August (Fasti Ant.). A spring which continued to flow in the height of summer when most water-supplies had dried up was properly treated with special veneration. The etymology of Camenae is wholly uncertain (Varro, de Ling. Lat. 7. 28; Macrobius 2. 3. 4) but in origin, at least, they were no more than spring-deities. At a much later date the site of their source was named the vallis Egeriae and the area connected with an alien goddess Egeria. Egeria was a spring-goddess of Aricia (Virgil, Aeneid 7. 763; Ovid, Fasti 3· 261; Strabo 5· 240 ; ); juvenal 3· 17), whose name was evidently derived from the gens Egeria which supplied at least two prominent figures in early Latium (34. 2 n.; Festus 128 L.; Cato fr. 58 P.). Now the connexion between Rome and Aricia and in particular the importation of Aricine cults to Rome is certainly no earlier than the reign of Servius Tullus (see note on 45, below) and, therefore, the association of Egeria with the Camenae must also belong to that period. Once the association had been made it was easy to invent circumstances that would co-ordinate them with the historically earlier activities of Numa. There is no warrant for believing with Pais that N uma is no more than the personification of a water-god (cf. Numicius) and that his connexion with water-cults (Fontus, juturna, Egeria, Camenae) is only explicable on that assumption. The Vestals drew water from the streams of the Camenae (Plutarch, Numa 13) and the Vestals were a creation ofNuma. One etymology ofCamenae linked them with prophecy (carmina) so that it was natural to suppose that N uma had consulted them in devising his religious system. A Greek

The most important of the anachronisms foisted on Numa is the cult of Fides (D.H. 2. 75. 3; Plutarch, Numa 16. 1; Florus I. 2. 3: Agathoc1es (F. Gr. Hist. 472 F 5 jacoby) even wished to put it as far back as Aeneas). The conceptual character of her name, unlike Ops or Salus, rules out any early date and indeed it is recorded that A. Atilius Calatinus (consul in 258 and 254) was responsible for building her temple (Cicero, de Nat. Deorum 2.61). There were, however, earlier gods who had surveillance over oaths. The complex Semo Sancus Dius Fidius may represent the fusion of a Sabine earth-god (cf. semen; see Propertius 4.9.74; Ovid, Fasti 6. 217-18) with a Latin sky-god, each of whom had separately guaranteed oaths: to swear by earth and/or sky is one of the commonest sanctions. See 54. 10 n., 2: 12- 13.5 n. Thus the historians who ascribed a cult of Fides to Numa may have recognized that Dius Fidius was one of the old cults. Their motive for naming the cult that of Fides was to stress the importance of that concept in the domestic society and international relations of their own times (250-150 B.C.) : fides is the guarantee of iusiurandum (Ennius, trag. 403 V.). See Latte, Religionsgeschichte, 126-7, 237, 273; P. Boyance, Hommages Grenier, 1. 329 ff. 21. 4. soli: the space in ME shows that N was uncertain where soli could or should go and betrays it as being a marginal stray (ex sollemne). It is therefore superfluous to attempt emendation (solus Seeley; Sollae Hayley; populi Muretus; simul Sigonius, Brakman; in

102

1°3

The Shrines of Fides

NUMA

NUMA

Capitolio Harder). soli is retained by Rossbach and Bayet among others, but no suggestion is advanced for its meaning. ad id sacrarium: there is a slight ellipse, id sacrarium meaning 'the chapel reserved for that ritual' ; ef. 20. 5, 30. 4. Peerlkamp (note on Virgil, Aeneid I. 292), feeling the difficulty, wished to insert et sacrarium after instituit. flamines: a double inaccuracy. L. uses flamines loosely according to the practice ofhis time as a synonym for sacerdotes: there was no Hamen attached to the cult either of Fides or of Dius Fidius. He also appears to imply that the privilege of riding in a carriage was confined to the priests of Fides but it was a universal prerogative of priests (Tacitus, Annals 12.42; [Servius], ad Aen. 8. 552). involuta: ef. Servius, ad Aen. I. 292, 8. 636. See the story of C. Mucius in 2. 12. 1-16.

See Wissowa, Ges. Abhand., 211 ff.; Warde-Fowler, Roman Festivals, 112; Rose, Plutarch, Roman Questions, 98 ff.; Latte, Religionsgeschichte, 412-14. For a rationalistic account see 1. A. Holland, Janus, 314 ff. 21. 6. regnavit: the regnal figures of 37 for Romulus and 43 for Numa confirm the relative lateness of L.'s source. Cicero (de Rep. 2. 17), and hence Polybius (6. I I a. 2 with Walbank's note) and Fabius Pictor gave 37 and 39 respectively.

I. 21.

4,

22-31. The Reign

I. 21.

5

of Tullus Hostilius

One of the most perplexing of Roman religious ceremonies concerns the Argei (Varro, de Ling. Lat. 5· 45-54; 7· 44; Plutarch, Q.R. 32, 86; Paulus Festus 14 L.; D.H. 1.38.3; Ovid, Fasti 5.621; Macrobius 1. 1 1. 47). They are named on two dates. On 16-17 March there is a notice itur ad Argeos, presumably a procession to the 27 Argeorum sacella which Varro lists in order throughout the 4 regions of the city. On 14 May 27 rush puppets called Argei were dropped from the Pons Sublicius into the Tiber by the Vestal Virgins. The significance of the ritual depends at least partly on its antiquity. It has been argued that the number 27 is a favourite of Sibylline rites and hence that the ceremony cannot be ancient. This would seem to be supported by the fact that the ceremonies do not figure in the old Republican religious calendar. From this stand-point Wissowa argued that the ceremony was parallel to the live-burial of representatives of Rome's mortal enemies, Greek and Gaul, practised in the third century (22. 57.)-and that it dated from the same epoch. Argei stood for ApyELOL, the name under which the Greeks were known. The negative arguments for a late date are not, however, foolproof and there are grave morphological objections to equating Argei and AI'gives. Nor does the theory account for the March ritual. In the present state ofknowledge it is more satisfactory to accept Latte's explanation. He holds that the rush puppets are taken in procession and placed in the sacella at the beginning of the year in order to attract uncleanness throughout the city. They were then disposed of by the purest of priests, the Vestals, in the extinguishing waters of the Tiber. The ceremony would in that event be a primitive one, dating back at the least to the period when the N ew Year began on 1 March. In neither case are there any grounds for connecting the Argei with Numa.

The third king of Rome reigned traditionally for thirty-two years. He was distinguished for his ferocitas-ferocior Romulo quam Numae similis (Servius, ad Aen. 6. 813)-a characteristic which was suggested as much by his name Hostilius as by the contrast with his predecessors. The oldest legends which surround him are more primitive than Rome herself. The battle of the champions and the death of Mettius Fufetius belong to a stock of legends which is common to many branches of the Indo-European tradition (24. 1 n., 28. 1 n.) . Next came those events which may reasonably have been remembered from the seventh century-the name of the king Tullus Hostilius (22. 1 n.), the name ofFufetius (23. 6 n.), and the capture of Alba. These are historicalthe only authentic elements in the whole story. They were supplemented by a third source ofmaterial-topographical researches. Rome possessed numerous monuments, named and unnamed, explained and inexplicable. These were brought into connexion with the legends of Roman history and served to add substance and verisimilitude to the bare legend. Such were the fossa Cluilia (23. 3 n.), the Sepulcra Horatiorum et Curiatiorum (25. 14 n.), the Sepulcrum Horatiae (26. 14 n.), the Pila Horatia (26. IO n.), and the Silva Malitiosa (30. 9 n.). It is more likely that in high antiquity they were given names to identify them with legends than that they preserved names from actual happenings. The amalgation of these different levels was effected probably as early as the late third century. The reign ofTullus Hostilius was told by Ennius (126-40 V.: see Norden on Virgil, Aeneid 6. 813) with a richness of detail which presupposes an extended account. But L.'s treatment owes nothing directly to Ennius (29. 6 n.). L.'s version, like the parallel narrative in D.H. 3. 13 ff., has been supplemented by legal additions (26. 4 n.), in particular by the fetial formula (24. 4 n.) and the Perduellio proceedings (26. 6 n.) of which the former can be proved to be a formulation of the second century at the earliest. The historians of that generation in their quest for new material turned to the law to provide them with mock-archaic precedents which could be incorporated into the body of their histories. These were distributed among the kings-one fetial formula to Tullus, the other to

1°4

1°5

The Argei

1.22. 2

TULLUS HOSTILIUS

TULLUS HOSTILIUS

Ancus Marcius, the deditio formula to Tarquinius Priscus. Religious instititutions were similarly pillaged to provide historical matter. Interested research was able to supply the Salii (27. 7 n.), the sororium tigillum (26. 13 n.), and the shrines of Pallor and Pavor. L., therefore, inherited a fully developed story from an author who was writing some time after 100 B.C. (30. 2 n., 3I. 8 n.). It is significant that the fetial in 24. 6 is named M. Valerius. Valerius Antias suggests himself as a possible source and we know from Cicero (de Invent. 2. 78 ff.) that the predicament of Horatia was a favourite topic in the schools c. 86 B.C. It is doubtful whether the source can be more precisely determined. It has been noted that 24. 4 nec ullius vetustior foederis memoria est contradicts 23. 7, and that 30. 7 pacta cum Romulo fides ignores the agreement concluded between Tullus and the Veientes. From this it might be argued that the Valerian section is confined to 24-3 I as would be supported by the citation of variants at 24. I and 3 I. 4. If L. took over the material ready assembled, he did much to it. I t can be seen from comparison with D.H. that his literary and psychological interests led him to adapt and reshape extensively. Where D.H.'s version is homogeneous and continuous, L. divides the reign into four acts (22-23, 24-26. 1,26.2-14,27-29), He eschews the empty rhetoric in which D.H. indulges, making one speech (23. 7-9) do the work of seven. In his battle-descriptions he concentrates on the attitudes of the combatants (25. 1-2) and gives dramatically effective if schematic narratives (notice, e.g., the 1TEpL1TtTELU in 23. 6), stressing the human at the expense of the divine agencies so prominent in D.H. Above all he imparts realism to the history through the words which he gives the characters to speak. The Fetial formula, which is paraphrased by D.H., is the clearest instance of this but there is much 'characterizing' language in 23.7-9 (nn.), and 28. 4-6 (nn.). It helps to unify the story and to bring out the theme oftheferocitas of Tullus. See Burck 149 ff.; Soltau, Woch. Klass. Phil. 25 (1908), 1269 ff.; Aly, Livius u. Ennius, 36; Glaser, R.E. 'Tullus Hostilius' ; H. Peytrand, Rev. Univers., 1939,32-33; M. van den Bruwaene, Latomus 1 I (1952), 154 ff.; also articles cited on individual passages below. 22. 1. interregnum: 3. 8. 2 n. For the Hostilii see 12. 2 n. Tullum Hostilium: for Tull(i)us see 39. I n.; Tullus is Latin or Volscian and was used originally as nomen or praenomen (cf. Tul(lus) Tullius from Tibur) and later as a cognomen (cf. the Volcacii Tulli). The name, being that of a later plebeian gens, will hardly have been invented. populus . . . iussit: see note on ch. 1 7. 22. 2. ferocior: the key-word of the section cf. 23. 4, ro, 25. 1, 7, 1I,

senescere: 19· 4 n. 22.4. C. Cluilius: 23· 3 n. res repetendas: 32. 6 n. L. presupposes that the fetial procedure for declaring war has been instituted. 22.5. comiter: the variants comiter and comifronte go back to the Nicomachean edition, but comiter 'jovially' (57. 10,25· 12.9; Cicero, pro Deiot. 19) is to be preferred to the periphrasis typical of late writing (Fronto, p. 226 van den Hout). tricesimum: 32. 9 n. 22. 7. expetant: courteous protestations of the Albans given in or. obI. (cf. 3. 68. 9 n. for the conventional invitos) ~re answered di~ectl>-: and bluntly. clades is generally taken as the object of expetant wIth dt as subject understood (cf. 23.4) -'that they may inflict the calamities of this war' (Baker)-but the tone is better suited by the intransitive use of expetere 'to fall upon' found in archaic, colloquial contexts (e.g. Plautus, Amphitr. 495, 589; see Hiltbrunner, Thes. Ling. Lat. s.v.). deos facere testes alludes to the formula of 32. 9-ro. Notice the emphatically juxtaposed eum omnes, clades belli.

27. ro, 3I. 6. 106

23.2. dirutis: 29. I. 23. 3. Albani: D.H. has an extended account of a night attack (3·

4· 3-5)· fossa Cluilia:

f' d' I I' It an Its oca Ity can only be conjectured (Sette Bassi according to Bormann: see Hiilsen, R.E., 'Cluiliae fossae'). The supposition that it marked the boundary between Rome and Alba introduces political demarcation quite alien to the period. It is far more probable that it is a prehistoric. ditch (Strabo 5. 230; Pliny, NoH. 15. 119 cluere = purgare) dug to dram the swampy land and that the person of C. Cluilius is an ae.tiology to account for the obsolete term cluilia 'cleaning'. Such antiquarran speculation is typical of the early-second-century historians, in particular Cato, and L. implies that the detail was not the result of recent research. 23. 4. Mettium Fufetium: Mettius is the Latin form of the Oscan title ~eddix; for the dictatorship see 2. 18. 4 n. Fufetius as a name is not found elsewhere, although the Vestal Gaia Tarracia was also known as Fufetia (Pliny, NoH. 34.25)' It is perhaps to be recognized in the name of the gens Fufidia. It reflects a known fact that in its last days Alba was ruled by an elected magistracy not a monarchy. 23. 6. tamen: the manuscripts agree on the reading tametsi vana aciferebantur, preserving a unique instance in L. of tametsi common in Cicero (e.g. Verr. 2. 76; de Drat. 2. 120). Before repudiating it, ~e must ask what is the force of in aciem educit. Ifit means that Tullus whIle not closing the door on negotiations took all necessary military steps in case the talks should prove abortive, then tametsi must be wrong because it 2.

39. 5. Nothing else is known

10 7

0

J.

23. 6

TULLUS HOSTILIUS

assumes as a fact that the projected parley is an empty ruse rather than states it as a possible contingency. We would have to emend to tamen si vana ariferantur (Vossius), or tametsi vana afferri rebatur (Tan. Faber) or tamen si vana afferebantur (Wachendorf). But in aciem educit need not describe Tullus' precautions in the event of the negotiations breaking down. Like the following exeunt contra et Albani, it merely describes the arrival of the armies at the scene of the negotiations. Parleys are traditionally conducted between the lines. In that case tametsi may be retained. Tullus knew that Fufetius' message in which he said that he had a proposition of interest to the Romans was vain (vana) ; for Tullus held the upper hand. The Alban king, Cluilius, was dead: Tullus had advanced with a superior force into Alban territory. Nevertheless he did not reject Fufetius' overtures. With Mikkola (Konzessivitiit, 99) I would retain the text of the MSS. instructi: structi (N) is retained by Alschefski, Weissenborn, and Bayet but never found as a synonym for instructi (Sabellicus: see Gitlbauer, Zeitschr.j. d. Oesterr. Gymn. 29 (1878),919 ff.). 23. 7. infit: 28. 4, 3· 7 I. 6. infit, used only by the poets before Apuleius (Ennius, Ann. 394 V.; Plautus, Asin. 343, et al.; Lucretius; Virgil), save in three passages of L., introduces what must be intended to be characterizing speeches. Such overtones are not hard to detect. Fufetius advances two arguments: the real cause of the war is cupido imperii but both sides should avoid exhausting their resources and so falling a prey to the Etruscans (cf. Sallust, ]ugurtha 79. 4: an adaptation of the arguments used by Nicias in Thucydides 6. 10 against the Sicilian expedition). For 23. 8 monitum velim, an idiom rare in Cicero and in classical prose, cf. Plautus, Capt. 53, 309; for 23. 9 si nos di amant cf. Plautus, Epid. 515; Miles 293,571; Poen. 659; for the bold in aleam ire cf. Seneca, de Clement. I. I. 7. et ego: the remarkable position of ego, interrupting the three causes of war, is accounted for by the double emphasis in the sentence, the stress laid on the alleged grievances (iniurias . . .) and the contrast between the two leaders (ego . .. te). audisse videor: see Shackleton Bailey, Cicero, 'Ad Atticum', 66. 23. 8. quo propior: i\ has propior es Volscis. The Volsci have not yet appeared in history and do not do so for another 130 years (1. 53), nor is there any rival tradition which dates their emergence early, but no conjecture based on es is conceivable since es was not read by the archetype. Volscis is probably an anticipation of the succeeding scis, corrupted from vel or v.I. scis (cf. I. 45. 2 iam tum vel tantum) We are left with quo propior, hoc magis scis which may be compared with Tacitus, Ann. I. 34. I sed Germanicus quanto summae spei propior, tanto impensius pro Tiberio niti. (Volscis secl. Voss, Conway; Tuscis Strothius ; Veiis Jac. Gronovius; propiores vos estis Bayet.) 108

TULLUS HOSTILIUS

J.

23.

10

23. lO.fortuna: 37· 52. 12. 24-25. The Battle of the Champions To decide the issues of war by a contest of champions is a widespread custom found among peoples of many climates and cultures (cr. Homer, Iliad 3. 66 if.; Herodotus I. 82, 5. I. 2; Pausanias 5· 4. I ; Tacitus, Germania 10; Plutarch, Alexander 31; I Samuel 17) and in particular the fight of the one against the three can be paralleled from numerous sagas. Robert the Bruce killed the three treacherous travellers in single combat (Scott, Tales of a Granrifather, 1. 77). But the closest parallel is the Irish legend of Cuchulain who not merely killed his three opponents but, like Horatius, had to be reintegrated with civil society by a special ceremony. Horatius passed through the sororium tigillum in order to be cleansed of his impurities; Cuchulain is plunged into three successive vats in order to cool his violence. We may recognize here the Roman form of a very ancient legend, a legend perhaps as old as the earliest roots of the stock from which the Irish and Romans sprang. But there is no need to subscribe to Macaulay'sjudgement that 'no doubt it came from some old national ballad'. The legend was certainly prized by the family of the Curiatii (3. 3 2 . I n.: notice the cognomen Trigeminus) and is likely to have enjoyed a wide currency. In the telling of the story L. follows the preliminary setting, which is full of legal-sounding phrases (24. 3 n., 24. 7-9 nn.), with a vivid description of the battle as seen by the spectators rather than by the combatants. The contrast between the two chapters is deliberate and the whole is rounded off by a topographical notice. See Munzer, R.E., 'Curiatius' and 'Horatius'; E. J. Urch, Class. ]oumal25 (1930),445; G. Dumezil, Horace et les Curiaces. 24. 1. forte . .. tum . .. erant: for this method of beginning a new episode see 2. 33. 5 n. error: none of the extant sources (D.H. 3. 13· 4; Zonaras 7. 6; Columella 3.8. I;}) Bob. Cicero, Mil., p. 277 Or.) made the Curiatii Roman though traces of that tradition can be detected (3. 32. I n.). L. ignores the additional refinement that the Horatii and Curiatii were cousins, their mothers being twin-daughters of an Alban Sicinius (D.H., loco cit.). Licinius Macer, whose interest in the Sicinii can be documented, may be responsible. trahunt: historical jargon, cf. Sallust, ]ugurtha 93. I ; Tacitus, Annals 14· 14· 24. 2. ibi imperium: 45. 3 n. 24. 3. his legibus: the terms of the treaty are mock-archaic. L. is pretending to paraphrase an original decree. cuiusque, as given by the manuscripts, is found in early Latin in legal and religious contexts 10 9

TULLUS HOSTILlUS

TULLUS HOSTILlUS

in an indefinite sense, the equivalent of quisquis or quicumque (cf., e.g., Plautus, Capt. 797-8: see G. W. Williams's discussion of Horace, Odes I. 32. 15-16, in C.R. 8 (1958),208-9)' Similarly the use of imperitare for imperare is solemn and high-sounding (I. 2. 3, 17. 6, 22.4, 3. 39. 8, 4. 5· 5). Even in Plautus it had a 'lofty ring' (Fraenkel, Horace, 191 n. 5), occurring only twice, in paratragic passages (Pseud. 703; Capt. 244), and its use in Lucretius 3. 1028 and Horace, Sat. I. 6. 4 echoes Ennius (cf. also Accius, fro 586).

iubesne: notice how the formula falls into balanced phrases iubesne me rex I cum patre patrato I populi Albani I foedus ferire which, with the marked alliteration, is suggestive of the rhythm of ancient carmina. See Norden, Altrom. Priest. 99, 285. patre patrato: within the family the pateifamilias alone was able to

I.

24· 3

I.

24· 4

24. 4. fetialis: the etymology of the word is unresolved. Ancient grammarians connected it with foedus (Servius, ad Aen. I. 62), fides (Varro, de Ling. Lat. 5.86), or ferire (Paulus Festus 81 L.). Modern scholars favour a derivation from a root *dhe (cf.fas,fari, eEfLta7~") or associate it with Juppiter Feretrius (10.6 n.) where thefetiales kept their ritual instruments. The college consisted of twenty members, two of whom would serve on a particular mission (9. 5. 4), one as the verbenarius (Pliny, N.H. 22. 5; Varro ap. Nonius, p. 848 L.), carrying the sacred grasses from the citadel, the other as the pater patratus in priestly dress, carrying the sceptre per quod iurarent and the flint. The latter was the principal emissary.

contract. Universalizing this principle beyond the domain of the family the Romans created an artificial 'pater' who was to act for and in the name of the state as a whole. Thepater patratus should mean 'one who is made a father' (Latte, Nachr. Gotting. Gesell. Wiss., 1934,66 ff.; but see Plutarch, Q.R. 62). Other explanations, e.g. 'father of the fatherhood' (patratus, gen. like senatus: F. Muller, Mnemosyne 55 (1927), 386 ff.) or 'the father accomplisher' (patratus, a nom. agentis in -tus, a variant of patrator: H. Krahe, Archiv j. Relig.- Wiss. 34 (1937), 112 ff.), do not account for the declension of patratus, -ti. Equally mistaken is L.'s own derivation given in 24. 6. The title is proof of the high antiquity of the office. sagmina: cf. Dig. I. 8. 8. 1 'sunt autem sagmina quaedam herbae quas legati populi Romani ferre solent ne quis eos violaret sicut legati Graecorum ferunt ea quae vocantur cerycia'. The explanation, a dangerous assimilation of Roman to Greek ritual, is false because the grasses had to be torn out of the ground with their earth (Pliny, N.H. 22. 5; cf. Festus 424-6 L.; Servius, ad Aen. 12. 120), and were employed in the ritual act of creating the pater patratus. These acts can only be accounted for on quasi-magical grounds. The earth from the arx of Rome protected the fetial from foreign influences when he was outside his native land. He was carrying a piece of his own country with him wherever he went. pura: read puram sc. herbam with N (Norden, Alt. Priest. 6 n. 2). The elipse of the noun may be paralleled by merum, dextra, &c. pura sc. sagmina is pointless. sagmina, being ritual plants, are by definition pure. 24. S. vasa: the utensils, in which the plant and the silex travelled. 24. 6. Sp. Fusium: 3. 4. 1 n. 24. 7. audi: for the triple invocation see 32. 6 n. The terms of the declaration are pseudo-archaic. 'An assembly of the Roman people could not be addressed by popule Romane . . . and the vocative popule does not occur until the artificial prose of the Empire' (Fraenkel, Horace, 289 n. I, citing Wackernagel, Kl. Schriften, 980 ff.: against L6fstedt, Syntactica, I. 99). The use of the nominative populus Albanus here instead of the vocative as a form of address is doubtless formed after the model of Greek tragedy which ventured such modes of address lw, was AEW". It is, therefore, certainly artificial. Two other instances may be noticed. The phrase ex tabu lis cerave is taken over from the legal language in which a will and its codicil are drawn up (Gaius 2. 104) and is evidently anachronistic in an age when even

110

1J I

The Fetial Formula

The history of thefetiales is outlined in 32.5 n. below, but whereas the procedure for declaring war lapsed when Rome became involved in transmarine hostilities, thefetiales seem to have long maintained their role as treaty-makers. They are attested as having concluded the peace with Carthage in 201 (30. 43. 9) and the ceremony is often depicted on coins of the late second century B.C. (Sydenham nos. 69,527,619), But Polybius in his account of the third Carthaginian treaty (3. 25. 6 with Walbank's note: 279 B.C.) seems to have had only a confused understanding of the detailed institution because he was misled into identifying the fetial sacrifice of the pig by a flint (silex) with an entirely separate oath lovem lapidem (Paulus Festus 102 L.). It may, therefore, be that in the middle of the century the exact formulae were not common knowledge and that they had to be resuscitated by a later generation. The texts given by L. are an archaizing reconstruction. Such formulae will first have been published in manuals of constitutional procedure and then been incorporated by annalists into their histories (notice accepimus in 24. 4, and 38. I) with names and circumstances supplied to fit. It is a quite extraneous addition to the story of the Horatii. See Samter, R.E., 'Fetiales'; Bayet, Mil. d'Arch. et d'Hist. 52 (1935), 29 ff.; J. van Ooteghem, L.E.C. 23 (1955), 310-7.

1.

24. 7

TULLUS HOSTILIUS

writing is hard to credit. The form difexit (cf. 18. g, 6. 35. 9, 29. 27. 3) is a putatively ancient form of the future perfect (Kuhnast, Livian. Syntax, 15). The alliterative pairs of words usually in asyndeton are characterist.ic of the carmen-style, e.g. prima, postrema, hic hodie (ef. Plautus, Mzles 14 12; C.I.L. 3. 1933, 12.4333), potes pollesque (8. 7. 5, 33· 8; Trag. Incert. 175 R.; Plautus, Asin. 636: see Fraenkel Plautinisches, 360). ' 24. 8. tum tu ille Diespiter: the manuscripts have tum ille dies Iuppiter. ferito must be second person (cf. potespollesque) and therefore the name of t~e ~od -pitermust be in the vocative. A passage ofPaulus Festus (102 L. sz sczens fallo tum me Diespiter ... eiciat: ef. Horace, Odes 3. 2. 29) has le~ editors to see in the words dies Iuppiter the reading Diespiter glossed Wlth Iup- and to print tum ille Diespiter or the like (Turnebus, Duker, Alschefski, Hertz, Skutsch, Conway). As Frigell saw (Epilegomena, 80) this use of ille Diespiter as a vocative is out of the question (ille is only so used with the third person: Plautus, Most. 398; Amph. 461 ; Curc. 27; Cicero, Cati!. 3. 22, 29; Apuleius, Met. 3. 29) and ferito cannot be a third person. tum illo die Iuppiter is palaeographically unexceptionable and the illo die balances hic hodie. The use of tum is regular in such official language (cf. Paulus, loco cit.; 32. 7; 22. 53. I I si sciens fallo, tum me Iuppiter ... leto a4ficias. 24. 9. saxo silice: the flint, kept in the temple of Juppiter Feretrius, was probably an old neolithic celt venerated for its antiquity and sacred function, which came to be regarded as a thunderbolt, a symbol of the god (Pliny, N.H. 37.135: see A. B. Cook, C.R. 18 (1904), 365; Rose, ].R.S. 3 (19 I3), 238). The pig symbolized the perjurer. See note on ch. 10. The description of the battle owes much in its conception to the Homeric duel between Paris and Hector (Iliad 3) and much of the detail and language recalls such epic episodes (25. In., 25. 4 n., 25· 12 n.). Unlike a Homeric battle it is told from the spectators' point of view (25· 2, 25. 4, 25· 5, 25. 9) ; the climax is the triumphant outburst by Horatius (25. 12).

25. 1. in medium . . . procedunt: ef. the Homeric €S fduuov Tpwwv Kat (3· 341). 25.2. consederant: as in Iliad 3.326. For the anxious concern as to the outcome among both spectators and contestants cf. Thuc. 7. 71. 1-6. animo incenduntur: Seeley and Conway accept the manuscripts but the metaphor of men under tension (erecti suspensique) being kindled in mind is unendurable. Gebhard's change to intenduntur is minimal and restores the mot juste for keen attention to a spectacle (cf. 2. 37. 5, }4X aLwv €Unx6WVTo

112

TULLUS HOSTILIUS

1.

25.

!2

33. g. 4)· animo 'with their minds, their whole attention' is then appropriate. L. elsewhere writes intendere animos (23. 33. I: hence animos intendunt H. J. Muller) or animi intenti sunt (33. 32. 10: hence animi intenduntur Tucking) but the further change is unnecessary. The instrumental ablative delimits. 25. 4. increpuere: the language is highly coloured; increpuere, for con· crepuere, arma is found only here, elsewhere of bugles, &c.; for fulsere gladii ef. Virgil, Aeneid 6. 2 I 7, 4go: the phrase is not elsewhere in prose except, significantly, Apuleius, Met. 8. 13; for horror perstringit cf. Valerius Flaccus 7. 81. 25. 5. anceps: taken by Conway as 'two-fold activity of weapon and shield' (each man was plying weapon and shield at once), but it must mean 'indecisive' ('nichts entscheidende' M. Muller; 'sans resultat' Baillet) in contrast to the positive vulnera et sanguis. One moment there was a confused melee in which limbs and weapons were all that could be distinguished: in the next moment blood could be seen. For this sense of anceps ef. 7· 25· 4. 25. 6. vice: there is no example of vice gen. = 'on account of' whereas solliciti suam vicem or the like is standard; cf. 8. 35. I, 23. g. 10, 26.21.2,28. Ig. 17,43. g etc. Read vicem here. 25. 9. qualis • .. solet: 'like the cry raised by supporters as a result of an unexpected event' .faventium as in Virgil, Aeneid 5. 148; cf. Horace, Odes 3. 24. 46. R. C. Flickinger (Class. ]ourn. 16 (Ig2I), 369) points out that the force of ex insperato is not that their support was unexpected but that it had found vocal expression as a result of the unlooked-for turn of events. 25. 10. nec: 'ITA inserted the relative qui but nec procul for non, haud procul is not attested and cannot be supported by formations such as necopinans. The insertion of relatives is a common corruption (cf. 1. 48. 7) and a single nec frequently introduces a parenthesis (ef. 5· 44· 3)· 25. 11. aequato: 2. 40. 14 n. 25. 12. manibus: 4. Ig. 3. For the concept of Roman suzerainty cf. 45. 3· iugulo: difigo with the plain abl. is only found in poetry, e.g. Ovid, Fasti 3. 754; Silius 4· 454· 25.13. quo prope: for quo propius (Gruter) cf. Tacitus, Annals 1. 57, 1.68,3· 5. dicionis: 38. I n. 25. 14. sepulcra: the site of these monuments cannot be established. Martial 3. 47. 3 tells of Horatiorum qua viret sacer campus and would seem to locate it near the Porta Capena (cf. the sepulcrum Horatiae 26. 14; ef. 26. 2: there may have been a family burial-ground of the Horatii in the vicinity).

+

I.

26

TULLUS HOSTILIUS

26. Perduellio The hero victorious over men but brought low by a woman is a perennial theme of myth. The specifically Roman variation on the story is its use as a vehicle for illustrating an archaic legal procedurethe trial for perduellio. We do not know how old the connexion of Horatius and perduellio is nor can we safely erect ambitious frameworks oflegal systems on so uncertain a precedent from regal times, but it is possib~e to give a brief summary. perduellio was high treason, a crime commItted by a Roman when in any way he acted in a manner host~le to his country. The Sources give no precise definition of perduelllO any more than they do of the attendant crime of maiestas. It w~s left to the court to determine whether the accusation was properly laId or not. Such imprecision is usual in all cases of this kind. The officer can be dismissed for 'conduct unbefitting a gentleman'. perduellio was, therefore, from the start the concern of the state. Whereas in other matters the prosecution and punishment were in the hands of the agnati (2. 35. 5 n.), trials for perduellio were set in motion and managed by the state. The iiviri perduellionis thus differed in a fundamental respect from the quaestores parricidii. The quaestores resembled an arbitration tribunal whose duty was simply to pronounce on culpability. The iiviri were state-prosecutors appointed by and in the name of the king (or, for the institution is more probably Republican, the people), who conducted the case and gave sentence. It is to be presumed therefore that since the powers of the iiviri emanated from the populus, the final decision always, at least in theory, rested with the people. In other words provocatio, or the right to have one's own case heard and decided by the people, was an integral part of the procedure for perduellio but not for quaestorial offences. Perd~ellio is ol~. As a system it was obsolete by the first century. Wh~n It was revIved for the ~rial of C. Rabirius in 63, many of the detal1s of procedure and termmology were already obscure to Cicero and his colleagues. In that respect Cicero's speech pro C. Rabirio is the best commentary on this chapter. The lex horrendi carminis, unimpeachable as it is in point of drafting, is not in language an archaic document (see also 26. 6 n.). It is a second-century 'restoration'. But was Horatius properly charged with perduellio at all? ]olowicz and others have taken exception to the whole passage because they argue that Horatius' crime was parricidium, not perduellio : he killed his sister. Other scholars, like Pagliaro, proceed from the same premise to identify the iiviri and quaestores. All this is to overlook the fact that Horatia was herself a criminal. She was guilty of proditio, she had mourned for an enemy (26. 4 n.). It follows that she was accusanda and damnanda, so that when Horatius killed her he was guilty not so IJ4

TULLUS HOSTILIUS

I.

26

much of parricidium as of forestalling the due processes of the law b'y executing a criminal who had not yet been sentenced to death. HIS offence was not parricidium but caedes civis indemnati which was a matter that concerned the state as a whole and so came into the category of perduellio. It was not a straightforward instance nor does L. help to clarify the issues, but its very complexity was perhaps the reason why it was made the paradigm case of perduellio. While extracting the full legal and antiquarian flavour from the episode L. tells it dramatically. The stages ?f t?e J?r?cedur~ be?ame the stages of the story and the characterizatlOn IS v~VIdly mamtame~. Horatius' coarse rejoinder to his sister (26. 4 n.) IS balanced by hIS father's pathetic appeal on his behalf (26,9 n.). ., . The literature on perduellio is extensive and the case IS dIscussed m most legal handbooks: for reference see Mommsen, Staatsrecht, 2. 616ff.; W. Oldfather, T.A.P.A. 39 (1908), 49ff.;]010wicz, Historical Introduction, 49, 323 ff.; C. Brecht, Perduellio, especially 125 ff.; D. Daube, ].R.S. 31 (1941), 182-4; M. Kaser, Altriim. Ius, 54 ff.; U. von Liibtow, Das Riimische Volk, 262~3;]. Bleicken, Zeit. Sav.-Stift. 76 (1959), 324 ff.; A. Pagliaro, Studi L. Castig~ioni, 2. 714 ff. . 26.4. abi hinc cum: 6.40. 12. Elsewhere only m Terence, Andrza 317. sic hostem recalls 7. 2 sic deinde quicumque alius transiliet moenia mea and is common as an expression of defiance in early Latin (cf. Plautus, Asin. 841). It is perhaps influenced by the Homeric £tiS' a:r6'\oLTO. Beneath the archaically colloquial language is the vestIge of a very ancient law which forbade the mourning of an enemy (Ulpian, Dig. 3. 2. I I. 3 non solent lugeri ... hostes vel perduellionis damnati; IVlarc., Dig. I I. 7. 35; Suetonius, Tiberius 61: see Mommsen, Staatsrecht, 3. 1189 n. 3)· 26. 6. lex horrendi carminis: in early Latin a carmen was a pattern of words generally formulaic but not necessarily in metre given a special solemnity by its delivery or its character (Norden, Kunstprosa, 160). The form of the law preserves an interesting feature. The first clause is couched in the subjunctive (iudicent), the other clauses in the imperative (certato, obnubito, suspendito, verberato). The distinction is between the language ofa decree (by Senate, magistrates, or others) and the language of a statute. The iiviri are appointed by decree but their instructions are the subject of statute (see Daube, Forms of Roman Legislation, 40-41 ; cf., e.g., 38.9. 10). The clause si .. . certato is regarded by Pagliaro as a later addition on inadequate grounds (see ~bov~). For the archaic ceremony caput obnubito see 4. 12. I In. arbores znJelzces are trees quae neque seruntur unquam neque fructum ferunt (Pliny, N.!!. 16. 108) and were regarded as being in tutela inferum deorum (MacroblUs 3. 20. 3; Livy 36. 37. I). They were appropriate instruments for the death of malefactors but since no execution had been performed for

r. 26. 6

TULLUS HOSTILIUS

ce.nturies the exa~~ method was in doubt in the first century (cf. CIcero,pro C. Rabzno 13; D.H. 3. 22). It has been supposed that death was by hanging (Niebuhr, Rom. Geschichte, I. 365) or by crucifixion (Turnebus, Advers. 4· 3 ; Mommsen, Strajrecht, 9 I8) bu t the former was unknown at Rome as a means of judicial execution and the latter was reserved fo~ slaves ~nd is not older than 217 (22. 33. 2). Only death by scourgmg remams, the penalty also prescribed by the Twelve Tables (8. 9 suspensum Cereri necari). The provision vel intra pomerium vel extra pomerzum corresponds to the distinction between imperium domi and imperium militiae. The iiviri are empowered to hold the execution wherever is convenient. 26. 7. hac lege: to be taken with creati (Daube), not condemnassent (Brecht). In the succeeding relative clause non belongs with posse (cf. 4· 3· .16,.5. ;53· 5: see Wackernagel, Vorlesungen, 2. 262) and the negatrve IS remforced by ne ... quidem. 'Such were the terms of their appointment and they felt that under these terms they were not empowered to acquit even an innocent man.' The iiviri were instructed sin:Ply perduellionem iudicare. There was no stated provision for acqUIttal. The defendant had recourse to provocatio instead. . Publi Horati: in Zonaras 7. 6 IIov7TAwpdnoL. Other traditions gave hIm the fraenomen M. (Cicero, de Inv. 2. 78-79; D.H. 3.27, 1,30. 4). The earlIest legend presumably spoke of a Horatius unadorned. 26. 8. provocatione: the sense requires that the people had to decide not a~out t~e principle of provocatio (certare de p.; 4. 37. 5) but about the gUII.t or mnocence of the Horatius who had appealed to them, i.e. provocat~one cert~tum est 'it was argued on appeal'. itaque is a neater correctIOn of the manuscripts than either ita (Frigell) or ita demum (Proudeville, Lipsius). Horatia was iure caesa because she was guilty of proditio. . orabat: the f~ther's appeal, begun in or. obI. and breaking out into ~hrec~ sJ?eech, I~ choicely pathetic. egregia stirpe occurs elsewhere only m VIrgIl, Aenezd 5. 297 and may be Ennian. 26. 10 inter verbera et cruciatus is a rhetorical commonplace (cf. Cicero, Tusc. Disp. 5. 24; Seneca, Contr. 2. 7.4). 26.10; pila Horati~: the name is interpreted variously as 'the Horatian spears ,(pl.ur. of p~lum: 26. I I; Propertius 3. 3. 7) or 'the Horatian column (smg. offda: D.H. 3· 22. 9; .EBob. Cicero,pro Milone, p. 277). The name was gIven in Augustan times 'to the corner column of one of the two ~a~~licas at the entrance of the forum on which the spoils of the ?unatll had once been hung' (Platner-Ashby s.v.) but the forme~ I~terpre.tation is likely to be the older. A trophy of spears or some sImIla~ o?Ject may ~ave long hung in the Forum but disappeared after the bUIldmg operatrons of the mid-second century, leaving only a name. 1I6

TULLUS HOSTILIUS

I.

26.13

26. 13. tigillo: the tigillum sororium was a wooden crossbar supported by two vertical posts beneath which Horatius had to pass. It stood ad Compitum Acili (C.I.L. 12.214), that is, near the south-east end of the modern Via dei Fori Imperiali close to the Colosseum. Nearby were the twin altars ofJanus Curiatius andJuno Sororia (see PlatnerAshby s.vv.). At first sight the names seem to confirm the traditional story but in reality two false etymologies have conspired to mislead, for the tigillum is in any case nowhere near the route of the Horatii and Curiatii. The epithet sororius has nothing to do with soror but is connected with the verb sororiare (Festus 380 L. sororiare mammae dicuntur puellarum cum primum tumescunt). Juno Sororia was invoked as the goddess who presided over the passage of girls to puberty. Now Janus and Juno (Covella) are also coupled in invocations at the beginning of each month (Macrobius 1. 9. 16, 1. 15. 18), where their functions as deities of passage speak for themselves. It follows that the cult of Janus Curiatius is a male cult parallel to that ofJuno Sororia. It consisted presumably in the initiation of boys from all the curiae (hence Curiatius: cf. Aul. Gell. 15. 27. 2) as warriors. Between them the two cults represented the most important moments in the life ofa primitive community. The ceremony at the tigillum sororium (Festus 380 L.) was performed on I October, when other rites such as the Armilustrium connected with the end of the campaigning season were performed. Its shape, analogous to the arcus triumphalis and the iugum, betrays its purpose. Those who passed through it were purified from harmful forces whether of blood-guilt or of effective hostility (iugum). Thus the young boys were initiated at the altar ofJanus Curiatius and passed out to battle. On their return the pollutions ofblood and battlefever had to be cleansed by passing under the tigillum before they could take their place in the peaceful community. These primitive rites, long obsolescent, were subjected to reinterpretation and by the accident of the title Curiatius brought into connexion with the legend ofHoratius. See Warde-Fowler, Roman Essays, 70 ff.; M. Cary and A. D. Nock, C.Q,. 21 (1927), 122-7; H. J. Rose, Mnemosyne 53 (1925), 407 ff.; Harv. Theol. Rev. 44 (195 I), 169 ff.; Latte, Religionsgeschichte, 133; R. Schilling, Mil. d'Arch. et d'Hist. 72 (1960), 102- I3; Gage, Hommages W. Deonna 255; Renard, Rev. Belg. Phil. 31 (1953), I4ff.; L. A. Holland, Janus, 78 ff. iugum: 3. 28. II. n. 26. 14. Horatiae: nothing else is known of the monument. 27-29. Mettius Fujetius and the Fall qf Alba L. relates the history in three distinct episodes, the battle (27), the punishment of Fufetius (28), and the Fall of Alba (29), and each episode has its own distinctive character. The battle, which is 117

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historically baseless and is founded on two well-known military stratagems (27. 8nn.), is told in L.'s best battle-style. The preliminary setback, caused not by Roman shortcomings but allied treachery, is reversed in a 7TEpt7TETEta (27. 9). It affords the opportunity for the introduction of an old Roman institution, the Salii (27· 7). The scene between TuUus and Fufetius ending in the latter's death is based on a very old legend (28. ro n.) and is presented morally as the exception which proves the rule of Roman clemency (28. I I in aliis gloriari !ieet nulli gentium mitiores placuisse poenas) and artistically as an indictment evocative of former times and behaviour (28. 4 n.) The final scene, the Albae 7TEpat" is narrated in language recalling the great epic set-pieces on which it is modelled. All this is peculiar to L. D.H.'s treatment is Hellenistic (cf. 3. 29. I olfLwyal). He dilates on the detailed punishment of Fufetius-a trivial and unseemly occurrence-but misses the psychological and literary potentialities inherent in the fall of Alba which is summarily disposed of in a few sentences (3· 31. 1-2). 27. 1. invidia ... eoepit: the new section is opened with a generalization; cf. 2. 2. 2 n. 27. 2. ex edieto: 'to declare war' is indieere not edieere bellum but ex indieto which Duker and Bauer would read here is never found (cf. 33. 28·4), whereas ex edieto is used in a quite general sense 'by proclamation' (Hey, Thes. Ling. Lat., 'edico', 72. 79 fr.). 27. 3. Fidenates: 14· 4 n. 27. 4. eonfluentes: 4. 17. 12. The general dispositions recall these of the later battle and may be a throw-back therefrom. Notice especially the jettisoning of arms and men into the Tiber. 27. 5. hi et in aeie: the force of et is that the Veientes lacked the confidence to commit themselves irretrievably to the contest. They kept their position on the river bank where lay their escape-route both before and after the line of battle was formed. It should not be deleted (Weissenborn, Madvig). 27. 7. Salios: 20. 4 n. Shrines of Pallor and Pavor are nowhere else directly attested and in the corresponding section of D.H. (3· 32 . 4) Tullus vows Kp6vov TE Kat 'PEa, KaTaaT~aw8at 0YJfLOTEAEL, EOpTOS. Pallor and Pavor are the Homeric LlELfLO' and lP6f3o, (Iliad 11. 37; Hesiod, Theog. 933 ; Shield 195) and were added to the story to provide Homeric colouring. 27. 8. iubet: Tullus employs a textbook ruse to deceive his own troops into confidence and to mislead the enemy. False information, as here, that the Fidenates were carrying out' a manceuvre according to instructions, is one of the commonest stratagems commended in antiquity (Polyaenus I. 33, I. 35. I). The second device, blocking the vision of the Roman troops by a fence of spears, is bizarre. D.H. knows nothing of it and it is nowhere commended by the theorists. Indeed

it is hard to see how it could be effective. L. must have misinterpreted some military technicality in his source. idem: the reading of N idem imperat ut hastas equites erigere (om. 7T) erigerent (om. A) iubeat is perplexed by no more than the Nicomachean . erigerent . vanant. . Tullus tells the cavalry officer (equztem) to take back erzgere instructions that the cavalry are to raise their spears. imperat for the generalissimo, iubeat for the subordinate commander. idem is suspect, since idem is not elsewhere used to resume after indirect speech 'and he also ordered'. 27.9. ut quibus: for the legend of the early colonization of Fidenae by Romulus see 14. 4 n. N read ut qui eoloni additi Romanis essent which would imply that the Fidenates were associated with Rome in the status ofa colony (cf. 38. 34. 6), whereas the sense might be expected to be that a body of Roman colonists was sent to Fidenae to supplement the native population, i.e. ut quibus eoloni additi Romani essent (Tan. Faber, Walters). The former is to be preferred notwithstanding, for there is no suggestion in the sources that Romulus actually sent colonists to Fidenae. The fiction which was invented tojustify Rome's subsequent aggression against the city and to provide a prehistoric precedent was rather that the Fidenates enjoyed the privileges and responsibilities of a Latin colony. See Bayet, Rev. Phil. 12 (1938), 97-119. 27.11. fuga: pugna Cornelissen but cf. 25. 21. 4, 37. 43. ro, 38. 27. 2.

liS

119

I.

27-29

I.

27. 8

28. 1. saerifieium lustrale: the lustratio exereitus performed before, or after, a battle or a campaign by the procession and sacrifice of a suovetaurilia. For details and discussion of the ceremony see J.R.S. 51 (1961), 32 fr. The religious atmosphere, in which Fufetius' death is made to seem almost an act ofpietas, is heightened by the use of sacral expressions: for ut adsolet see 5. 16. 9- I I n.; for the steoreotyped quod bene vertat cf. 3. 62. 5. 28.4. infit: 23. 7 n. Tullus begins by addressing the Romans with an echo of the fonnallanguage in which a general reported his victorydeorum benignitate, virtute militum (5. 20. 3 n.). The same formal tone is maintained in the denunciation which follows. As has been noticed by Murley (Class. Journal 30 (1935),428) iniussu meo . .. meum is very close to Terence, Phormio 231-3, but the resemblance arises not, as Morley opined, from quotation of Terence by L.-the passage is quoted by Cicero (ad Att. 2. 19. I )-but because both authors are imitating the edict-style. The first section of the speech reaches its climax in the threefold anaphora Mettius duetor, Mettius machinator, Mettius ruptor. When Tullus resumes, he addresses the Albans and so commences with an official prayer (quod bonum • .. sit: see 17. Ion.) as

TULLUS HOSTILIUS

TULLUS HOSTILIUS

a blessing on his proposed merger of the two states. He stresses the unity of the peoples by the repeated unam . . . unam . . . ex uno • .. ... in unum. Finally after a typically Livian silence (28. 8; cf. 3. 47.6 n.) he pronounces sentence on Fufetius in terms which may well owe something to Ennius. Ennius certainly treated of Fufetius, and the pointed resemblance between L. and Virgil, Aeneid 8. 642-4, has been taken by many scholars to hint at a common source. Throughout, the alliteration seconds the heavy reduplication (e.g. unquam ante alias ullo where Gobel unfeelingly wished to delete ante; at tu tuo ... ate). The total effect is one of great power. 28. 6. inde: 'mendosum' Madvig, but it probably means 'from the positions we were occupying at the time'. 28. 10. in diversum: the manner of Fufetius' death is unparalleled in Roman criminal history (Mommsen, Strajrecht, 960 n. I), not so much for its brutality as for its singularity. Yet it long survived as a form of execution among the German races; cf. the death of the Nightingale (The Owl and the Nightingale, ro62; Neckam, 20 de Natura Rerum I, ch. 5 I). A similar punishment was inflicted by Theodoric. It could be inferred from this that the legend is older than the settled constitution of the Roman people and survived their migrations. Its specifically un-Roman character led Robortello to emend humanarum to Romanarum but this comment on the incident seems conventional for Varro (ap. Non. 443 L.) writes Mettum Fujetium .•. interemit ...

total effect is psychologically convincing. The whole scene is described in two long and involved sentences which convey its complexity. See A. Gaheis, Wien. Stud. 48 (1930), 206; Aly, Livius u. Ennius, 36 ; Austin, ].R.S. 49 (1959),24; Walsh, Livy, 171,257. For archaeological evidence confirming the decline of Alba at this time see Lugli, Bull. Com. Arch. 45 (19 17), 39 ff.).

I.

28. 4

The destruction of cities and the fate of their inhabitants were a favourite theme for poets (2. 33. 8 n.). Ultimately they derived their inspiration from the Epic Cycle, from the Ilioupersis, but their vision was wider and more personal than the objective descriptions of formulaic poetry. Rome, too, delighted in those fleeting visions of triumph and ruin. There is nothing finer than the excidium Troiae in the second book of the Aeneid, much of which Virgil owed to Ennius (Servius, ad Aen. 2. 486 de Albano excidio translatus est locus). Ennius, that is to say, had told of the fall of Alba and there is so much akin between Virgil's excidium Troiae and L.'s excidium Albae that one is tempted to believe that L. had recourse to Ennius for much of the language and circumstance with which he invests Alba's last hours. This need not occasion surprise. Pathetic descriptions of this kind were as much in vogue with Hellenistic historians as they were with poets. Polybius expressly censured Phylarchus for indulging in such extravagances (2. 56. 7). But this is not to say that L. used Ennius as a source for history (29. 6 n.). Despite the obvious exaggerations, the city with its distant suburbs and augusta templa reminiscent of a Hellenistic city, the

29. 2. clamor hostilis et cursus: 41. I n. miscet: 42. 13· 9; Sallust, Catil. 2. 3· 29.3. prae metu [obliti] : obliti is deleted as redundant by Madvig who took the indirect questions quid . .. jerrent with drftciente consilio rogitantesque, and argued that it was not that the Albans forgot what they should take but they did not know. obliti, however, means that their wits deserted them in the crisis. It should be retained, cf. 4· 4 0 . 3 oblitae prae gaudio decoris. For prae metu cf. 5. 13. 13, 22. 3· 13, 38 . 33· 3; Plautus, Amph. ro66; Cas. 413; Cicero, Phil. 13. 20. pervagarentur: cf. Virgil, Aeneid 2. 488-9. 29. 4. jragor: 5· 4 2 . 4· pulvis: cf. Aeneid 3. 3; Euripides, Hec. 1215; Aeschylus, Agam. 818. larem: the Lar was the deified ancestor of the family worshipped at the hearth (Paulus Festus ro8 L.). See also 2. 6 n. 29. 5. mulierum: I would punctuate mulierum, praecipue cum . ... The lamentation was continuous. It did not begin only when they passed a temple, but it reached a climax then. The punctuation would also satisfy the normal position of praecipue. 29.6. egressis: 3. 57. ro n. quadringentorum: so also Justin 43. I. 13 and the same total is implied by Virgil (Aeneid I. 272) who allows three hundred years for the duration of Alba before Rome was founded. Alba was traditionally captured by Tullus, that is some hundred years after the foundation of Rome, c. 650, although archaeological evidence indicates no radical break in the habitation of the site. D.H., on the other hand, gives 432 years for the period before the foundation of Rome (I. 74. 2, following Cato) i.e. 532 years for the duration of Alba. His figure seems to have been arrived at by accepting Eratosthenes' date for the sack of Troy (1184/3 B.C.) and the conventional duration of the kingship (243 or 244 years) which would leave a period of 432 years between the arrival of the Trojans in Italy and the foundation of Rome. The discrepancy between the 300 ofL. and Virgil and the 432 ofCato and D.H. is to be accounted for by the belief that the former figure was arrived at by mystical approximation rather than mathematical calculations. One is the historians', the other the poets' figure. As soon as it was realized that since Troy fell long before 750 Romulus could not have been the grandson of Aeneas (3. 4 n.), an Alban king-

120

121

imperiosius quam humanius. The Fall oj Alba

TULLUS HOSTILIUS

TULLUS HOSTILIUS

list of indeterminate length had to be invented to fill the gap and the figure of 300 years with its mystical properties was an adequate span. Later research, based on Hellenistic chronology, introduced more exact dating. Thus it is very probable that L. has taken over the figure of 400, which disagrees with his own chronology, as given in the course of the book, from a much older version, for it is a piece of rhetorical colouring rather than chronological reckoning. If so, it will be from Ennius and will confirm the view that L. is here indebted to that poet's Albae excidium. excidio ... dedit: cf. Aeneid 12. 655 deiecturum arces Italum excidioque daturum. temperatum: for the superstition against violating temples see Fraenkel, Aeschylus, Agamemnon 525 ff.; cf. Euripides, Troades 15 ff.

30-31. The Death of Tullus Hostilius The capture of Alba was the high-water mark of Tullus' reign. The remaining events associated with him are grouped loosely together. 30. 1. Caelius: excavations have not proved yet whether the Caelian was inhabited from the eighth century but it is a probable assumption. At some time after 650, and probably between 625-575, the surrounding valleys were abandoned as burial-grounds and the settlement crept down the slopes of the Caelian until eventually a synoecism with other communities on the Esquiline and Palatine was effected. The literary tradition was far from unanimous, ascribing the addition ofthe Caelian to the city to Romulus (Varro, de Ling. Lat. 5. 46), Ancus Marcius (Cicero, de Rep. 2. 33), Tarquinius Priscus (Tacitus, Annals 4.65), or Servius Tullius (Oratio Claudii) as well as Tullus. Thus all that can be said is that the memory that the Caelian was once separate and was integrated with the other communities at an historical date survived as part ofthe Roman national memory. Each king was associated with different territorial acquisitions (cf. 33. 5-6). See Platner-Ashbys.v. regiae: the kings were allotted residences by tradition in different quarters of the city, Numa on the Quirinal (Solinus I. 21), Ancus on the Palatine (Varro ap. Non. 852 L.), Tarquinius Priscus ad Statoris (41. 4 n.), Servius on the Esquiline (Solinus I. 25). The seven kings might have been expected to occupy the seven hills but this is not so, and the principles of allocation are unclear. ibique: fL adds deinde rightly. 30. 2. principes Albanorum: D.H. 3. 29. 7 gives them as 'IovA[ov" I:EpOVLAlov" KopaTlov" KO'iVTLAlov" KAOLAlov" rEyavlov" METLAlov,. The addition of the Metilii was an idle compliment to his friend Metilius Rufus (de compo verb. 3) justified by the name of the Alban dictator Mettius (Fufetius). D.H. condones the emendation Iulios for Tullios (Sabellicus; see Fabia, La Table Claudienne, 1929,83 n. 3; for the Tullii

see 22. I n.) and suggests Quinct
122

12 3

1.

29. 6

1. 30.2

1.

30. 5

TULLUS HOSTILIUS

War against the Sabines

30. 5. ad Feroniae fanum: Schulze regarded Feronia as an Etruscan name (165). This is not necessarily so and the other places where cult is attested (Pisaurum, Amiternum, Terracina) tend to confirm the ancient tradition that she was a Sabine goddess (Varro, de Ling. Lat. 5. 74). The cult-centre mentioned here and known also as the lucus Capenatis (Cato fl'. 30 P.; Aeneid 7. 6g7) was the largest and most celebrated. It has recently been identified as Bambocci near Scorano where dedications of the type Fero (niae) don (0) m mereto h~ve been found: It was a natural meeting-place for the inhabitants of the region of Capena and for traders from farther afield. See the evidence assembled by G. D. B. Jones, P.B.S.R. 30 (Ig62), I8gff. suos: Madvig would add servos before suos, to provide the balanced contrast negotiatores Romanos ... servos suos; cf. D.H. 3. 32. lucum: 8. 5 n. 30. 7. cum Romulo: the roo-year indutiae mentioned in 15. 5. Editors have objected that the peace was broken by the Veientes in 27. 3 and have wished to read cum Tullo (Perizonius) or cum Romano (Duker) but either L. has now switched to a new source which did not recognize an earlier war between Tullus and Veii or, as Glareanus held, L. has simply overlooked the inconsistency. L. means that it is not surprising that the other Etruscans did not assist the Sabines because they had no quarrel with Rome. Veii, the only city which was hostile, was deterred by her treaty. 30.9. Malitiosam: the site is unknown. The Death of Tullus The events leading up to the death of Tullus are archival in character. The portents of stone rain (7. 28. 7, 30. 38. g) and the speaking grove figure commonly in prodigy lists (3. 5· 14 n.; 2.6-7.4 n.) and pestilences were also recorded (3. 2. I n.). The notices of the Feriae Latinae (31. 3 n.), the novemdiale sacrum (31. 4 n.), and the rites of ]uppiter Elicius (31. 8 n.) are equally pontifical. The chapter in fact contains an elaboration of what must have been the typical contents of one part of the Annales. This may be no more than antiquarian reconstruction, but there were certainly some fragments of the Annales attributed to the regal period (frr. 2, 3 P.) and it may be that some of the oldest surviving tabulae which had lost their eponymous headings were assigned to the kings. See also 3 I. 8 n.

31. 2. grandinem ... glomeratam ... crebri cecidere caelo: the alliteration is in keeping with the carmen character of the notice. 31. 3. sacra: the story provides the explanation and justification of 124

TULLUS HOSTILIUS

r. 31. 3

the Feriae Latinae. This festival, for which see also 5. 17. 2 n., was to ]uppiter on the Alban mount by a group during it an armistice prevailed in Latium. It IS doubtful whether Rome was even a founder-member of it or whether Alba enjoyed any special responsibility, but with the decline and extinction of the Latin states, who had in some cases to be artificially represented at the sacrifice by Romans designated as sacerdotes Cabenses, Rome gradually assumed a monopoly of it. The festival was usually. attended by the consuls and magistrates (25. 12. 2, 44· 2 I. 3; DlO 47. 40. 6) and was held annually on a date appointed by the consuls directly after their entry into office (Cicero, ad Fam. 8.6. 3). See Samter, R.E., 'Feriae Latinae'. 31. 4. novemdiale sacrum: a rite of purification analogous in public cult to the private ritual performed nine days after a funeral (Porph. ad Horace, Epod. 17. 48). haruspicum: 56. 5 n. The variant is anachronistic, for the haruspices were an Etruscan importation. 31. 8. commentarios: 20. 5 n. sacrijicia: Duker proposed its deletion as a gloss on sollemnia but ef. 5· 52. 2. Jovi Elicio: 20. 7 n. op.eratum: 4. 60. 2, 21. 62. 6, ro. 3g. 2, the t.t. for conducting a sacnfice; cf. Horace, Odes 3. 14. 6; Virgil, Aeneid 3. 136; Lucilius fr. gg2 M .. Bentley pro~osed operaturum but the perfect participle of depo~ents IS often u~ed with a present force (cf. Virgil, Georgics 1. 339). It IS stated by Plmy (NoH. 28. 14) that the historian Piso was the ~rst to :-elate the circumstances of Tullus' death as told by L.; and smce PIS0 was the first to make extensive use of the Annales it is reasonable to believe that he had some documentary evidence for it although SUc? evi~ence need not and indeed is unlikely to hav~ been. authentic. ThIs fact tends to confirm the impression that some archIval or pseu?o-archival material underlies the chapter, but the manner of hl~ death, contrasting so signally with Romulus', who was apotheoslzed, and Numas', who died a natural death, is schematic. celebr~ted with a .s~crifice of~atm commullltIes and

32-34. The Reign of Ancus Marcius is Sabine (de Praen. 4), the name Latin and plebeian, but dId a kmg called Ancus Marcius ever reign at Rome? Later Marcii certainly believed that he did, for the moneyer C. Marcius Censorinus issued coins c. 86 B.C. with the heads of Numa and Ancus (Sydenham nos. 7I3, 715; cf. Suetonius, Julius 6; Plutarch, Numa 2 I.. I) and the Marcii Reges regarded their cognomen as proof. Their testimony, however, amounts to nothing. The cognomen Rex was adopted Th~ praeno~en

12 5

ANCUS MARCUS

ANCUS MARCUS

by the descendants of M. Marcius, the first plebeian rex sacrorum (27. 6. 16). The plausibility of the tradition depends ultimately not on the events with which L. credits Ancus but on the bare name. The Marcii do not figure in the Fasti before C. Marcius Rutilus, consul in 357, by which date the lineaments of early Roman history were already established. It is inconceivable that a king, let alone one with a plebeian name, could have been interpolated into the list as late as the second half of the fourth century when the Marcii were a power in the land. If the eclipse of the gens in the early Republic requires explanation, it is perhaps to be found in the legend of Cn. Marcius Coriolanus (2. 33. 5 n.) whose family seems to have been resident at Corioli. The Marcii may have been victims of the Etruscan domination of Rome and have sought refuge at Corioli. Ofthe events associated with Ancus Marcius only two have any substance, the foundation of Ostia (33. 9 n.) and the construction of the Pons Sublicius (33. 6 n.). Of the other details given by L., the capture ofPolitorium, Tellenae, Ficana, and Medullia (33. In., 33. 2 n., 33. 4 n.) was demanded by the geography ofthe foundation ofOstia and is an antiquarian rationalization' the addit;o:l. of the Aventine and the settlement ad Murciae (33.5 n:) with the accompanyingfossa Q,uiritium is etymological speculation. The incorporation of the ]aniculum followed the building of the Pons Sublicius. In other words historians seized upon the foundation of Ostia as a peg on which to hang a miscellaneous collection of random facts. This meagre record was supplemented by fathering the fetial formula for declaring war on Ancus. This was an innovation in the tradition no older than 120 B.C. (32. 5 n.), when the kings had acquired settled characteristics and Ancus, through a false etymology which identified Marcius and Martius, was characterized as a warrior. The other major episode, the early history of the Tarquins(34), belongs properly to the reign of Tarquinius Priscus, where it is told by D.H., not to that of Ancus, but the need to provide material for Ancus as well as the model of epic technique which told events in their proper sequence (Heinze, Virgils Epische Technik, 382 ff.) led L. to build it into the narrative of the reign. We cannot be sure how far L.'s source, who was probably Licinius Macer, had succeeded in unifYing these scattered pieces. Where D.H. makes a mechanical distribution of 'TrOAEfLLKUl and 'TrOAtTtKUt 'Trpagns L. sees each event as the reflection of the personality of the king, a man of war concerned for the well-being of his people. 32.1. comitia ... auctores: 17.9 n. Numae: the descent from Numa through the female line is a late invention to satisfy the principles of hereditary succession. Cf. Cicero, de Rep. 2. 33; Plutarch, Numa 21 ; Seneca, Epist. ro8. 30.

32.2. longe: longeque (N), retained by Wimmer, is an instance of the common interpolation of -que (2. 32. ro n.). commentariis: 20. 5 n. M read regis, not regiis with 'TrA, and since Numa is specifically meant the singular is appropriate. elata: cf. Cicero, de Drat. 2. 52; also Pliny, N.H. 2. 53; Tacitus, Annals 12. 21. It differs from re/em in having the force of publication. 32. 3. desidem: the jibe is inspired by Atossa's remarks to Darius (Herodotus 3. 134. 2). 32.4. sine iniuria: the placing of id, which should open its colon, and the use of the neutral verb contigisset, which cries out for qualification, favour taking sine iniuria with contigisset (Madvig) rather than habiturum (Seeley). 'He realized that he would not easily have that peace which had been a feature but not a weakness of Numa's reign.'

I.

32-34

126

I.

32.2

The Fetial Formula The fetial procedure for declaring war, which like many other legal and quasi-legal institutions survived long after it was obsolete, was a ritual procedure common to all the primitive communities ofLatium. The original procedure had contained three stages. When some incident had occurred such as the theft of cattle or property, first the pater patratus was sent with three other delegates called fetiales or oratores (Varro ap. Nonius, p. 850 L.) to demand restitution (ad res repetundas) and to give notice that if satisfaction was not given within 30 days action would be taken. This was the denuntiatio, or rerum repetitio. Ifsatisfaction was not obtained thefetiales returned to the enemy after the 30 days ~o deliver a solemn testatio deorum, calling the gods to witness that wrong had been done them, and that their cause was legitimate. The Senate then met and decided on war, and their decision was confirmed by the people. On the 33rd day (32. 9 n.) a messenger was sent to cast a magical spear into the enemy's land in order to nullify his power. This third stage was the indictio belli. The whole ritual is designed to establish before the gods thatthe war is 'just'. The antiquity of the procedure can be seen from its resemblance to the civil procedure legis actio per condictionem, whereby a plaintiff gave 30 days' notice before going to a magistrate ad iudicem capiendum. The two procedures are strictly parallel and they have common roots far back in Roman legal history. But as soon as Rome extended her sphere of activity outside the narrow circle of kindred Latin communities, the ceremony became increasingly difficult to apply. It often took longer than 30 days for messengers to come and go between Rome and the enemy, and it was often difficult to find a place to throw the spear. Accordingly two main innovations occurred. In the 270 's a token piece ofland near the temple of Bellona was bought by a prisoner of war captured from Pyrrhus and was marked off as a 12 7

J.

32. 5

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ANCUS MARCUS

ritual stretch of 'hostile soil' into which the spear was cast ([Servius], ad Aen. g. 52; Ovid, Fasti 6. 205 ff.; Suet. Claud. 25). Furtherm?re, since her new enemies did not share iusjetiale with Rome, thejetzales were replaced by senatoriallegati and the .whole ceremony sec,:l~rized. The old ceremony had involved three Journeys, the denuntzatlO, the testatio and the indictio. This was no longer a practical possibility. In its pl~ce the legati were empowered by the Senate and. peol?le in advance to carry out all three stages on their own a,:thonty Wlt~out reference back to Rome if the enemy refused to gIVe the reqUIred satisfaction. This was the procedure used at the start of the Second Punic War. By the beginning of the second century the old iusjetiale was, therefore, obsolete. Polybius (13. 3. 7) says that only a bare trace of the original procedure survived in his day (~paxv Tt txvos) ~nd he makes no mention of thejetiales' part in declanng war. Thejetza~es suddenly re-emerged in 136. Although it is certain that the Numantme .war was not commenced by fetial procedure, when the consul Mancmus was handed over to the Numantines on the repudiation of the peacetreaty which he had contracted,jetiales are recorded as playin~ a leading part in the formalities of the ceremony. The event, whIch was little more than a piece of political play-acting, had a profound influence on the writing of history. The annalistic account of the aftermath of the Caudine Forks was composed under the immediate impression of the Mancinus case and Sallust's account of the p~e­ liminaries of the Jugurthine War betrays the lineaments of the fe t.lal procedure. It may well be that the trad.itions, which w~re ~ept ahve in patrician families from which the jetzales were heredItanly chosen or through archaic ceremonies like the annual renew~l a.t Rome of t~e Lavinian treaty, were now revived and popula~ized1~ h.terature..I.t IS at this period that the significantly named Anmu~ Fetralr~ was ~ntmg antiquarian history. Such a revival would be m keepmg wl~h .the interest aroused by the publication of pontifical records a~d slmI!ar documents. But if the old formulae of the fourth century dId surVIve they would have been, like the chants of the Salii, ut.terly incompr~­ hensible. Thus there is every apriori ground for supposmg that what m Livy purport to be the original formulae are in fact either an inve~tion by second-century antiquarians, anxious to suppl~ the exact detaIls of a ritual in which they are beginning to become mterested or, at the very least, a 'translation' into appropriate language of archaic pronouncements. The antiquarian rediscovery of the procedure at the ~nd of the second century preserved it among the more scholarly wnter~ of the late Republic (mentioned, e.g., by Cicero, Verr. 5. 49; and dIscussed in detail by Varro and by L. Cincius), but such interest was purely 128

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theoretical until Octavian gave it a new significance by resuscitating it in 32 B.C. when he declared war against Cleopatra (Dio 50. 4· 4-5). Thereafter it was continued as a piece of antique ceremonial and kept its place among the hallowed traditions of the Empire (Inscr. Ital. 13, no. 66). For Livy's readers this section would have a contemporary as well as an historical interest. Ultimately, therefore, the precise forms of the formulae in Livy derive from a second-century antiquarian tradition, as do the fetial procedure for making treaties (24. 4 n.) and the ceremony of deditio (38. 1 n.) b;.rt they were mediated through different sources. The treaty procedure was closely woven into the narrative of Tullus Hostilius' reign and was taken over by Livy together with that narrative from Valerius Antias. Here the ritual is entirely on its own. We are presented with the outline, with the bare formula (cf., e.g., quicumque est, nominat), and no attempt is made to relate it to the narrative of Ancus Marcius' reign. The Prisci Latini who are mentioned are chosen purely as an example. There is no reference to an actual war. This indicates a more antiquarian source than Valerius and it is likely that L. here continues to follow Licinius Macer (32. 13 n.). See further: Lange, RiJ"mische Altertiimer, 13 • 322 ff.; Milnzer, Beitriige, 167; G. Wissowa, Religion, 475-9; Samter, R.E., 'Fetiales'; J. Bayet, Mil. d'Arch. et d'Hist. 52 (1935), 29 ff.; A. H. McDonald and F. W. Walbank J.R.S. 27 (1937), 192-7; F. Altheim, History of Roman Religion, 424; S. 1. Oost, A.J.P. 75 (1954), 147-59; H. Drexler, Rh. Mus. 102 (1959), 97-140. On possible Indo-European parallels for the procedure, G. Dumezil, R.E.L. 34 (1956), 93 ff.; G. Donatuti, Jura 6 (1955), 31-46. 32. 5. a se: sc. ab Anco Marcio; cf. 42. 4. Numa is the founder of religious practices, Servius Tullius of constitutional institutions, Tullus Hostilius of international relations. So Ancus Marcius is characterized by bellicae caerimoniae. This was a late development facilitated by the great mass of new material released at the end of the second century which could be anchored to specific personalities and attached to definite events. There was originally no firm tradition as to who did found the fetial procedure but it suited the character ofAncus Marcius as Roman historians wanted to portray him. Hence the earliest writers gave discrepant accounts: Cicero (de Rep. 2. 31) attributes it to Tullus Hostilius (in which he is following perhaps the earliest versions of Fabius Pictor and Polybius before the rediscovery of the actual ceremonies), while another early historian (? Cn. Gellius.: cf. D.H. 2. 72; Plutarch, Numa 11) referred it to Numa. Aequicolis: or Aequi; both forms of the name are met, although Aequicoli outlived Aequi after the nation itseJfhad disappeared (Pliny, N.H. 3.106; Liber Coloniarum, p. 225; cf. mod. il Cicolano). Perhaps 814432

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9

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a branch of the Oscans, they are unlikely to have been the source of such a widespread Latin rite as the iusJetiale, which other authorities derive from Ardea (D.H. 2. 72) or the Falisci (Servius, ad Aen. 7· 695). The attribution of it to them is no more than a late aetiological invention inspired by the false etymology aequum colere, but it quickly superseded the older traditions (cf. the Ferter Resius inscription; de Viris lllustr. 5. 4; Servius, ad Aen. 7.695). See Hiilsen, R.E., 'Aequi'. quo res repetuntur: demanding the restitution of objects or property stolen by the other city. In early times the chief source of complaint would have been cattle-rustling (Servius, ad Aen. 9. 52). The phrase is old and technical, occurring first in Ennius, Ann. 273 V. See Mommsen, Staatsrecht, 3. I047 n. 2. 32. 6. legatus: L. appears to indicate that only one person, a legatus, went on the mission. According to Varro (ap. Non. Marcell. 850 L.)Jetiales legatos res repetitum mittebant quattuor, quos oratores vocabant, including the pater patratus and the verbenarius (24. 5 n.). Varro is less anachronistic, since L.'s account is influenced by the sub3equent developments during the third and second centuries in the procedure for declaring war whereby the ultimatum was delivered not by a Jetialis but by a senatoriallegatus. See also 32. 9 nn. filo-lanae velamen est: on the ritual significance of the covered head cf. 4. 12. I I n. TheJetiales were likewise forbidden to wear linen tunics. Wool had potent magical properties, partly because it was a token from the sacrificial victim, and partly because it was the clothing of primitive man. Its magical use was widespread in antiquity, lending itself particularly to knots and spells. At Rome the galerus of the flamen Dialis was made ex pelle hostiae caesae. For other examples of wool-magic see Pley, De lanae in antiquorum ritibus usu, 191 I; Kroll, R.E., 'lana'.

iuste pieque: 32. 12 n. 32. 7. si ... tum: 24. 8 n., the syntactical framework of testationes. The

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The Rerum Repetitio or Denuntiatio audiat Jas: threefold invocation is a ritual solemnity and is met

with in many cults (e.g. the Hylas-cult, for which see Gow on Theocritus 13. 58, or the chant of the Fratres Arvales) but the presence of Fas as an object to be addressed betrays that the actual language is a product of second-century antiquarianism. K. Latte (Zeit. Sav.-Stift. 67 (1950), 56) has demonstrated that in early Latin Jas, with its negative connotation ('there is no religious obstacle to prevent one' ; cf. dies Jasti), is only used in the phrase Jas est, and the like. The first use of Fas as a substantive is in Accius (trag. 585) and it is not used as an appellative (= eEftLS; cf. Paulus Festus 505 L.), outside this passage ofL. and the very similar 8.5.8, before Seneca (H.F. 658) and Lucan (IO. 4IO). audiat Jas is therefore a late formulation, influenced by Greek concepts.

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rest of the language is in an appropriately pseudo-legalistic vein, e.g. dedier, the archaic form of the info passive, exposco, illos (cf. E. Norden, Altrom. Priesterbiich., 59 ff.), compotem patriae ('a full member of my country', a phrase confined to execrations, so in Plautus, Captivi 622 at ita me rex deorum atque hominum Jaxit patriae compotem, where at ita me sets the tone; cf. Cicero, ad Att. 3. 15. 4), siris (if the formula was primitive, the form would have b~en sirs or sers; cf. Carmen Fratr. Arval. 4-7 and numquam would have been ne ... unquam: cf. Plautus, Trin. 5 20 ff. and Norden, op. cit. 131 n. 3). After dedier TTA add p.r. in various forms. Bayet follows earlier editions in reading dedier populi Romani mihi which will not construe even as a pseudo-legalism, for populi Romani could only be a genitive after homines and res, but the objects and people under dispute do not belong to the Roman people. The homines are Romans who have escaped Roman jurisdiction: the res are the property of individual Romans. The letters p.r. are doubtless a corruption of the note which stands in M dedier f dari. 32. 8. suprascandit: only here in Latin, and so perhaps borrowed direct from the fetial procedure. carminis: 26. 6 n. 32.9. tribus et triginta: D.H. 2. 72 says 30 days (cf. 22. 5) and this is the interval prescribed in the legis actio per condictionem. Moreover, [ServiusJ (ad Aen. 9. 52) states that the casting of the spear, not the testatio, took place on the 33rd day. L. (or rather Licinius Macer and so ultimately the second-century antiquarian authority who grafted the newly phrased formulae on to the remnants of the procedure as it remained in his own day) has again been confused by later developments by which the pause between the testatio and the indictio belli (for consulting the Senate) was omitted because of the difficulties of travel between Rome and overseas enemies such as Carthage. This also accounts for L. writing bellum ita indicit. The indictio belli was properly the spear-throwing not the testatio, but by historical times the spearthrowing had ceased to be a significant part of the ceremony and there was no longer a gap between the testatio and the announcement of war. The legati were empowered to carry out both on the same occasion without further consultation. See McDonald and Walbank, art. cit., 194 n. 41. The Testatio et tu, lane Quirine: luna Quirine is read by the manuscripts but et tu shows that only one other divinity was mentioned by name. J uppiter, Juno, and Quirinus would be impossible bedfellows. Janus Quirinus, as a deity, is indeed attested (Res Gestae 13; 13 1

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Horace, Odes 4. 15. 9; Suetonius, Aug. 22; Macrobius I. 9. 16) and is at least not an Augustan invention, for he is cited in a law of 'Numa' (Festus 204 L.). By analogy with other Quirinus combinations Janus Quirinus should be the god who presided over the passage from war to peace or over the beginning of peace. We cannot be sure of the exact antiquity of the cult but the invocation of him here can hardly be authentic. The fetials are beginning a war, not concluding it. Now in many early prayers Janus and Quirinus occur as separate deities, Quirinus in his own right as the god of the host at peace and Janus as the god of beginnings. Hence Janus regularly takes precedence (rf. the archaic prayer in 8. 9. 6 lane, Iuppiter, Mars pater, Quirine, Bellona . .. ; see Wissowa, Religion, 19; Altheim, History of Roman Religion, ro6--I4). In the original fetial formula the deities invoked must have b~en another triad, namely lane, Iuppiter, Quirine, which became discomposed when the function ofJanus was obscured and the collocation Janus Quirinus had come into favour in military contexts. Here is one more indication of the relatively late date of these formulae. See also L. A. MacKay, Univ. of Calif. Studies in Class. Phil. 15 (1956), 157-82; Koch, Religio, 17-39; Latte, Rom. Religionsgeschichte, 132 n. 3; Schilling, Met. d'Arch. et d'Hist. 72 (1960), 89 ff.; Weinstock, J.R.S. 51 (1961), 212; L. A. Holland, Janus, 60 and n. 33. 32. 10. in patria maiores natu consulemus: 8. 7 n. cum . . is: so M, cum his 17,\. Such a use of cum his (dictis, nuntiis, &c.) in the sense 'with these words (he returned to Rome)' is confined to everyday speech (e.g. Bell. Afr. 12. I) and is nowhere found in elevated style. M's uncertainty suggests that there is an underlying corruption. Walters advanced the view that his stood for h. s. or hie supple, by which the scribe of the archetype indicated a lacuna. Such symbols are certainly found but they are only found in late stages of the tradition and never in the archetype. The corresponding passage ofD.H. (2. 72. 9 Kat J-tera. "TOV'TO a17Eq,mVEV El<; "T~V f3ov'\~v aJ-ta "TOL<; d'\'\OL<; ElpYJvo8£KaL<; 17apayEvoJ-tEVO<;) excludes the possibility of a large gap and suggests the restoration cum legatis. Although L. has not recorded the presence of any delegates other than the pater patratus and almost implies that the pater patratus was on his own, the omission is to be attributed to the pre-eminent position enjoyed by that functionary. He was certainly accompanied by 3fetiales. 32. 11. quarum rerum: 'having regard to those things, objects, suits of which the p. p. p. R. Q. gave due notice to the p. p. P. L. and to the men of the P. L., having regard to those things which they have neither given nor done nor paid, having regard to those things which they ought to have given, done, paid, speak: what think you?' The preamble to the interrogatio (framed in the senatorial formula: quid

censes?) consists of a triad of complaints quarum rerum, quas res, quas res. The three clauses are parallel to one another, not subordinate. In the first clause condixit cannot be taken, in default of a single parallel, as it is in the Thes. Ling. Lat., = repetivit, nor can it be understood in the sense of 'concluded an agreement' (Ernout-Meillet) since there have been no negotiations with the Prisci Latini and, a fortiori, no agreements. Gaius (Instit. 4. 18) explains condicere autem denuntiare est prisca lingua ('to give notice', used by a plaintiff) and this meaning suits the parallelism of the fetial procedure with the civil legis actio per condictionem (see above). The genitive remains difficult. The legal incerti condicere assumes a simple ellipse, as does the frequent genitive of crime with agere, e.g. furti, adulterii agere (sc. aliquem; cf. Cic. ad Fam. 7. 22 ; Quintilian 4. 4· 8 ; and especially Ulpian, Dig. 19· 5. 17. 2 : furti agere possum vel condicere vel ad exhibendum agere) , and it is probably on some such example that the author of the formulae has modelled this phrase. The fact that rerum litium causarum are not properly genitives of the crime but of the objects involved in the crime reveals the supposititious nature of the whole phrase rather than casts doubt on the authenticity of its transmission. The three nouns (res are the stolen property, lites the disputed property, not the lawsuits (Varro, de Ling. Lat. 7. 93), causae the subjects of dispute generally) form another solemn tricolon typical of quasi-legal language (Fraenkel, Plaut. im Plaut. 359 n. 2; cf. also 38. 39. 2; Cicero, ad Au. 16. 16. I I) which should not be disturb~d by substituting diem (Schmidt), causa (Madvig) or causam for causarum; see L6fstedt, Syntactica, 1. 166. quas res nee dederunt nee fecerunt nee solverunt . . .. dari, fieri, solvi: another tricolon. The vagaries of the 17 family are of no consequence. The difficulty lies in the meaning of solvere. The pair dari, fieri are regular in legal contexts (e.g. Gaius, Instit. 4. 5, 4 1, 47, 60) and it looks as if solvi has been imported from the preceding neque ius persolvere (32. 10) to make up the tricolon without regard for the particular sense of the passage. The manuscripts read the first phrase in the order dederunt ... solverunt ... fecerunt but since solverunt is the odd one out, the order unanimously given by the manuscripts for the second phrase is probably right and solverunt should be the last member of the tricolon. See E. Norden, Altriim. Priest. 98. quid censes?: cf. 9. 8. 2; from Cicero, ad Alt. 7. 1. 4 (DIe, M. TULLI), it may be inferred that the senators were also called on by name to speak to the formal question. 32. 12. puro pioque duello quaerendas censeo, itaque consentio consciscoque: this reply is suspicious in several details. After a motion had been put forward, the question 'quid censes?' would often elicit a reply couched in the form censeo . .., as can b~ seen from the laboured parody in Plautus, Rudens 1269-80 (especially the exchange: Plesidippus: quid

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I I

I. 32. 12

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ergo censes? Trachalio: quod rogas censeo). But if a senator wished to signify his agreement with the proposal without elaborating his reasons he used the formal 'adsentior'. The passages are collected by Mommsen: Staatsrecht, 3· 979 n. 3 but the most revealing is the speech of Claudius (B.G.U. 61 I. 51-54 'consulem designatum descriptam ex relatione consulum ad verbum dicere sententiam, ceteros unum verbum dicere: "adsentior", deinde cum exierint: "diximus" '). Consentio is never so used, nor is conscisco used to me~n 'concur in resolving upon' (con+scisco) except also at ro. 18.2. (In CIcero, de Leg. 3. ro, quoted by the dictionaries consciscentur is a false reading for sciscentur.) The substitution of unique uses of compo~nd verbs in con- for familiar terms was doubtless motivated by a desIre to ~eproduce the ~rchaic solemnity often found in laws, e.g. Lex ap. CIcero, pro Cluentzo 157, or S.C. de Bacchanalibus 14, to which ~r~e~kel has drawn attention (Agamemnon, p. 384). It is notable that It IS Just the phrase containing the tricolon censuit consensit conscivit which L. Ci~cius omi.ts from his copy of the indicti~ belli (3;. 13 n.). In early Latm purus IS used of the magical object (pura hasta, pura ~erba) n~t of the p~ocess to be carried out by the use of such magic; it IS ~ost mappropnate therefore as an epithet of duello (an archaism revlVl::d by the Augustans; cf. Horace, Odes 3. 5. 38, 3. 14. 18, and :specially 4. 15. 8) and has evidently been chosen to accompany pio mstead. of the invariable iusto (9. 8. 6, 33. 29. 8, 39. 36. 12, 42. 47. 8; Augustme, Quest. Lept. 6. ro; conversely, impium et iniustum in Cicero, de Rep. 2. 3 I et al.) purely for its alliterative effect and its vague moral overtones. ordine: by rank, patricians taking precedence over plebeians in each category. pars maior eorum qui aderant in eandem sententiam ibat: as Mommsen sa~ (Staatsrecht, 3. 980 n. 5), L. has confused the procedure. He seems to In:Ply that when more than half of those present had spoken on one sI~e or th~ oth~r,.the motion was decided. In fact, after everybody ~a~ gIVen theIr opIlllon, the house was divided (discessio) by the presIdmg magistrate calling divide or numera (cf. Pliny, Ep. 8. 14. 20). It was the physical act of the division which was termed pedibus in sententiam ire (5. 9. 2; Aul. Gell. 3. 18. 2; Sallust, Catil. 50. 4). But the same phrase was also used loosely to describe the action of anyone who went across and stood by a speaker to signify his support (27· 34· 7; Festus 232 L.; Aul. Gell., loco cit.). The double use has confused L. The result of a division was declared in the expression haec pars maior esse videtur (Seneca, Vito Beat. 2. I) which is echoed here. There is, of course, every reason for assuming that L. was not then or at any time a member of the Senate; he could hardly be expected to be accurate. He also fails to mention the consultation of the people which was an essential step and which is presupposed in 32. 13 below.

good workers of magic. 3 (or 5) witnesses is a normal safeguard (cf. mancipatio) . 32. 13. quod populi: the formula is also given by L. Cincius in libro tertio de re militari ap. Aul. Gell. 16.4. I: 'quod populus Hermundulus hominesque populi Hermunduli adversus populum Romanum bellum fecere deliqueruntque, quodque populus Romanus cum populo Hermundulo hominibusque Hermundulis bellum iussit, ob earn rem ego populusque Romanus populo Hermundulo hominibusque Hermundulis bellum dico facioque'. The antiquarian Cincius, who was a younger contemporary of Varro and Cicero, seems to give the formula in a slightly more modern form, as can be seen from the omission of Quiritium which would be invariable in an older pronouncement, from the use ofjecere instead ofjecerunt, and from the addition of -que to the formal asyndetonjecerunt, deliquerunt. The Hermunduli, whom he uses as an example, are not elsewhere mentioned but it seems plausible to suppose that we have here an early but garbled reference to the formidable German tribe of Hermunduri who migrated from Suebia to the Elbe in the last decades of the century and who

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The Indictio Belli hastam jerratam aut sanguineam praeustam: the spear was magical, not symbolical (McDonald and Walbank, op. cit.). Iron, because of its magnetic properties, was from the earliest times regarded as a potent source of magic. At Rome, for example, it was taboo for the Fratres Arvales, while the Vestals used it for cutting up salt (Varro ap. Non., p. 330 L.). It is often mentioned or prescribed in the Greek magical papyri. Its use in this ceremony is to attract all the hostile potency of the enemy and so immobilize it. sanguineam is recondite. As early as Dio Casso 71. 33. 3 it was being glossed as a[fLaTwoES' and though the correct solution was propounded by Turnebus, Adversaria, 8. 23, in 1599, Dio's interpretation was generally accepted. sanguineus is the adjective derived from the name of a species of cornel, familiar in Romance languages (fr. cornouiller sanguin). sanguinem is listed by Macrobius (Sat. 3. 20. 3) among arbores irifelices (infertile), and Pliny (N.H. 16. 74, 176) speaks of sanguineijrutices and virgae sanguineae. Cornel is frequently used as a wood for spears (Virgil, Aen. 3. 23 et saep.) but for a magical spear the infertile species was employed because its effect was to render infertile and barren the enemy's schemes. For a similar magical use of arbores injelices cf. 26. 6 n. ; and see H. E. Butler, G.R. 35 (1921), 157-8; M. Cary, ].R.S. II (1921),285; De Waele, The Magic Staff . .. in Antiquity (Gent, 1927); M. Cary and A. D. Nock, C.Q, 21 (1927), 122-7; J. Bayet, Mel. d'Arch. et d'Hist.

52 (1935), 29-7 6 . puberibus: persons who have not reached the age of puberty are not

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are prominent in the German wars thereafter (see Haug, R.E., 'Hermunduri'). If this is so, Cincius must deliberately have omitted the clause found in L., senatusque ... jieret, either on political grounds (the legality of the Senate declaring war without consulting the people and vice versa had been a source of dispute since the Jugurthine wars) or because he suspected its latinity. The manuscripts read senatusve, which has been defended on the ground that in his stage-by-stage narrative of events L. in fact does not mention any consultation of the people, but this is merely another inadvertance on his part; for it is unthinkable that in such a document the ultimate authority for the declaration of war should b,; presented as optional. Read senatusque (and hominesque) . 33. 1. Politorium: Cato produced a Trojan pedigree for the town with a son of Priam, Polites, as founder (fr. 54 P.); but only its name, preserved doubtless in the list of participants in the Feriae Latinae, survived into historical times. The combination ofits known participation as a Latin community in the rites and its total disappearance led to the double version of its fate, that it was destroyed by AnClls but then inhabited by the Prisci Latini and reconquered. So also Pliny (N.H. 3. 68-69) lists it both among the towns that had perished sine vestigiis and among the members of the Alban league (Poletaurini). Its site is to be looked for in the region between Rome and Ostia, Nibby proposed Casale di Decimo, Gell La Giostra. See Hofmann, R.E., 'Politorium'. 33.2. Aventinum: 6. 4 n. It is unlikely that Ancus with the fervour of a Syracusan tyrant deported whole populations, especially since Tellenae (see below) was in fact not depopulated, but the curious status of the Aventine, outside the pomerium and inhabited by plebeians, newcomers both human and divine (3. 3 I. I n.), can only be explained by assuming that it was favoured as the residence of nonRoman traders and others who came to Rome to make their living. Whether any of these gentes, among whom the Naevii are conspicuous (Varro, de Ling. Lat. 5. 163; Festus 170 L.), actually came from the cities whose capture is ascribed to Ancus is quite uncertain, but they may have believed that they did. Tellenis Ficanaque: Ficana is to be sited not at Dragoncello but a mile to the east, near Malafede, at the eleventh milestone (Festus 298 L.) where an altar to Mars Ficanus has been found. See Meiggs, Ostia, 474 n. G. There was a ferry across the Tiber there (L.A. Holland, Janus, 149). Tellenae, the city of the Tellii (Schulze 568), is implied by Strabo to lie near Lanuvium, Aricia, and Antium (5. 23 I), that is, in the vicinity ofArdea. Since Coriolanus captured it before Ficana on his march northwards (D.H. 3. 38; 1. 16 is corrupt), it must lie

on one of the spurs of the Alban hills. The same locality is suggested by the present passage. D.H. speaks of it as surviving down to his own day and it was a signatory of the Latin treaty (5. 6 I). A suitable site would be Zalforata but archaeological evidence is as yet lacking. 33. 4. Medulliam: 38. 2 n. Marte incerto: 2. 40. 14 n. L. gives the tally of achievements in a formal, matter-of-fact style. 33. 5. vincit: many editors (Crevier, Lallemand, Madvig, Rossbach) have assumed that some words have dropped out from the text here such as deinde urbem vi cepit. Medullia had, however, to be captured as distinct from defeated in a later campaign by Tarquinius Priscus. In truth all these early wars will have been fought not to win territory but to secure pasturage. praeda potens: 'his power enhanced by the quantity of spoil'. The phrase is not technical. ad Murciae: or rather Admurciae; the shrine lay in the valley between the Palatine and the Aventine and was incorporated in the Circus Maximus when that was enlarged (Apuleius, Met. 6. 8 metae Murciae: [ServiusJ, ad Aen. 8. 636, calls the whole valley vallis Murcia). The meaning of the name remains obscure (Varro, de Ling. Lat. 5· 154; Pliny, NH. 15. 2 I ; Tertullian, de Spect. 8. 6) but it is to be connected with the ancient name of the south-eastern Aventine-mons Murcus (Festus 135 L.). Murcus is also found as a cognomen (cr. murcidus 'idle'), and Murcius as a nomen (Schulze 196). Murcia would thus bear the same relation to the mons Murcus and the name Murcius as the goddess Tarpeia to the mons Tarpeius and the name Tarpeius. See O. Skutsch, C.Q.. I I (1961), 257. Ancus' claim to have incorporated the Aventine rests on the simple resemblance of his name Marcius to Murcus. 33. 6. Ianiculum: L.'s reasoning is unsound. The bridge was not built to communicate with the J aniculum, but the J aniculum was fortified to guard the far end of the bridge. This is clear from the custom maintained from the most primitive times of posting a guard on the Janiculum whenever the comitia centuriata was meeting in the Campus Martius (39. 15. I I ; Dio 37.28), to prevent the bridge being surprised. If there is anything in the tradition about the Pons Sublicius, it may be assumed that Ancus did also provide for a fortification on the Janiculum, but to speak of the incorporation of the hill as a whole is an exaggeration. muro: with coniungi, by a zeugma, for which cr. I. 3. 4. The strained construction has led to much emendation: muniri instead of muro Scheller; muro solum muniri J. S. Reid; muro solum circumdari Ruperti; muro solum saepiri Wesenberg. But the long separation of muro from coniungi facilitates the switch of meaning. ponte Sublicio: from sublica 'a pile' (Festus 374 L. The bridge was

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constructed entirely of wood (Plutarch, Numa 9; Pliny, N.H. 36. 100) and was constantly repaired when damaged so that it survived down to the fifth century A.D. Site: the natural line for a bridge across the Tiber from the Porta Trigemina, the gate leading on to the Tiber bank, would be across the Insula Tiberina but the two are never linked together in any classical authority and the tradition indeed dated the formation of the island after the construction of the bridge (2.5.4 n.). The bridge must, then, have been below the island, close to the line of the Pons Aemilius begun in 179 B.C. Date: there is reason to believe the bridge was very old. The existence of a college of pontifices implies a bridge to be built and looked after, for every damage to the bridge was regarded as a prodigium and the pontifices must date back at least to the beginning of the Republic (20. 4 n.). Its wooden construction is also relevant, implying a familiarity with the technique of pile-construction used in lake-dwellings of the eighth and seventh centuries (cf. also D.H. 1. 14.4) and pointing to an age before the general use of iron. On balance, therefore, the traditional date can be accepted. Purpose: investigations have shown that except for minor ferries the earliest crossing of the lower Tiber was at Fidenae, which accounts for the importance of that city in Rome's prehistory. There was, however, little need of a crossing at Rome for the main lines of communication and trade from Etruria to Latium and Campania lay well to the east and upstream ofthe city. It was only with the growth of the salt trade, and the settlement at Ostia which was designed to promote that trade, that traffic along the bank of the river became at all considerable. Now the Ostian salt-beds were not as large or rich as the salt-beds on the opposite, right bank of the river. These, however, were evidently not exploited by Rome until the fourth century when they at once superseded the Ostian beds (7. 19.8 salinae Romanae). The reason for this neglect was not that they had been overlooked but that they were controlled and worked by Veii and were not at the disposal of Rome until Veii was crushed. There is an ancient track bypassing Rome and leading direct from Veii to the Fosso Galeria and the salinae. The same hostility accounts for the building of the Pons Sublicius. Veii controlled the Fidenae crossing and so it was necessary for Rome to have a crossing of her own to make full use of the openings for trade offered by the salt-trade. Thus, although it cannot be proved that Ancus was responsible for the bridge, it is a logical corollary of the foundation of Ostia and the promotion of the salt-trade. See M. E. Hirst, P.B.S.R. I (1938), 137 ff.; L. A. Holland, T.A.P.A. 80 (1949), 312 ff.; A. Alf6ldi, Hermes 90 (1962), 187 ff. 33. 7. Quiritium: D.H. does not name it directly but says that Ancus surrounded the Aventine with a wall and ditch, while L. might at

first sight appear to place the ditch around the Janiculum. The impression is probably mistaken. L. adds the detail without any topographical specification and in such matters is frequently unreflective (2. 39. 3 n.). We might expect such a ditch to have stretched round the south-western end of the Aventine but the author of the de Viris Illustribus (8. 3) notes that the cloaca maxima, constructed by Tarquinius Superb us, was called the fossae Quiritium. Meiggs (Ostia, 480-1) argues that the name was handed down 'but that there was no continuing association of the name with any definite place'. On the contrary, we may hold that the cloaca, which originally flowed in a ditch, and not underground, through the Velabrum to the Tiber, was calledfossa Quiritium and was variously explained as a defensive work built by Ancus to safeguard the approaches to the Aventine if the bridge was rushed and as Tarquin's drain. Festus' reference to the Quiritium fossa at Ostia (304 L.) does not exclude the existence of a similar ditch at Rome and would account for its attribution to Ancus. The point of the name is lost. 33. 8. career: between the temple of Concord and the Curia at the foot of the Capitol. The subterranean part was called the Tullianum, which was anciently supposed to have been named after its builder, Servius Tullius (Varro, de Ling. Lat. 5. 151; Festus 490 L.). The Tullianum was regarded as an addition and therefore an earlier king had to be nominated as architect for the earliest part. In fact the lowest chamber is also the oldest and may be of regal date although the existing masonry is assigned to the third century B.C. See PlatnerAshby S.v. 33.9. silva . .. adempta: abl. abs., as always in the style of such formal notices. It is commonly assumed that the forest lay on the right bank of the river and was part of or close to the Ciminian Forest, but it is hard to see how the possession of a forest on the right bank of the Tiber could affect the colonization of Ostia. The only other passage where it is mentioned is Pliny, N.H. 8. 225 in M. silva Italiae non nisi in parte reperiuntur hi glires. Now the younger Pliny had a villa south of Ostia (Epist. 2. 17. 26-8) and the whole of that coastal strip from the Tiber to Antium was well wooded in antiquity (references in Meiggs 269; to which should be added 27. 11. 2 where lacus cannot be read). Pliny's peculiar observation reads like local knowledge and it makes better geographical sense to identify the Silva Maesia with this coastal belt of trees. The coastal forests were exploited by the Etruscans for ship-building from an early time (Theophrastus, H.P. 5· 8. 3). Ostia: the tradition that Ancus Marcius founded Ostia is unanimous and was cherished by the inhabitants themselves (C.I.L. 14, Suppl. 4338). It has b~en assailed on the score (i) that the earliest remains at Ostia date from the fourth-century castrum, (ii) that there is no

13 8

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evidence for an early road down the left bank of the Tiber from Rome, (iii) that the only salinae to be worked in the sixth century were on the right bank, (iv) that the name Ostia implies that it was founded as a port at the mouth of the river and not as a settlement to work the salt, and (v) that Rome cannot have had any maritime ambitions at that date. (ii) and (iii) are, however, mere assertion and the antiquity of Ficana argues for a road. The crux of the matter is the salttrade. Rome was at first a pastoral community raising pigs, sheep, goats, cattle. She switched to an agrarian economy in the sixth century, probably under the Etruscan influence of the Tarquins. This switch implies contact and dealings with other people. No longer a self-contained and self-supporting community, Rome began to enter upon commercium with others. For her progress she must have had other things to offer than a crossing where Veientes transported their own salt from the right bank to the left so that it could continue its journey up the Via Salaria to the Sabine hinterland. Rome must have had salt of her own to exchange (Clerici, Economia e Finan;:a, 168 ff.). Thus the emergence of Rome presupposes the working of the astian salt-b=ds long b=fore the fourth century when she gained control ofVeii's. The archaeological silence is oflittle account. The oldest settlement will have been not at the castrum but at the salinae. See the full discussion in Meiggs, Ostia, 16 ff., 479 ff.; also A. Alf6ldi, Hermes 90 (1962), 187-94; L. A. Holland, Janus, 145 ff.

The magnitude of the Etruscan influence on Rome is not and cannot be doubted. The visible remains are mute testimony-the terracotta and pottery fragments, the Roman alphabet, the fasces, the templedesigns-and the historical institutions of Rome, her religious discipline and lore, and the names of her leading families confirm it. A date for the duration of this influence is also given archaeologically. Recent stratigraphy places the earliest signs of Etruscan contact c. 625 B.C. Attic Black Figure ware, imported via Etruria, is found in some of the earliest excavated shrines dating from 580-560 B.C. The contact with Etruria coincides with a remarkable change in the physical appearance of Rome. The separate hill-communities had gradually been approaching one another and the valleys between them ceased to be used as distinct burial grounds and were built over with huts. This tendency was accelerated by the creation of a central market-place between the hills, superseding the scattering of huts which covered the area. With its forum Rome ceased to be a conglomeration of swineherds and became a 7T()"-LS. A precise date for it cannot be fixed but the earliest level of the Sacra Via seems to be about or a little b=fore 575 B.C. The idea of such a 7T6"-LS must have been inspired

by Etruscan examples. (For the archaeological evidence see especially E. Gjerstad, Opuscula Romana, 3. 81 ff.) Given an Etruscan period at Rome, it is not unreasonable to accept the tradition of an Etruscan domination of Rome, especially since the traditional dates for the dynasty of the Tarquins, 616~578 and 534510 B.C., correspond uncommonly well with the independent evidence from archaeology. Moreover, the Tarquins have excellent credentials quite apart from the disputable Cn. TarXunies Rumax ofthe Franc;ois Tomb. Tarquinius is a latinized form of the common Etruscan name tarxna and recalls the Etruscan hero Tarchon and the Asiatic god Tarku. No ethnic could betray a family's origins as clearly as the name Tarquinius. See also 60. 2 n. But there the difficulties begin. How much else of the traditional story can be trusted? The settled version, which is as old as Fabius Pictor (Polybius 6. Ila. 7 with Walbank's note; Cicero, de Rep. 2. 34-36), made Tarquinius the son of the Corinthian Demaratus and an emigrant from Tarquinii to Rome. Epigraphical evidence points to Caere rather than Tarquinii as the home town of the Tarquins, for the family is most abundantly attested there (cf. 60. 2 n.) and Tarquinii may have been substituted merely for its name. The point is less important than the parentage ofTarquin. According to the developed source Demaratus was a Bacchiad who fled to Etruria with his family and craftsmen on the overthrow of the Bacchiad aristocracy by Cypselus in c. 655 (Pliny, NH. 35. 16, 152; Strabo 5. 219). Blakeway, in a fundamental paper (l.R.S. 25 (1935), 129-48), displayed that Corinthian pottery monopolized the Etruscan market from c. 700 to c. 625 and that there were unmistakable indications of Greek craftsmen producing vases at Falerii and perhaps other centres in Etruria in the second half of the seventh century. In addition the Corinthian style exercised a striking influence over Etruscan art in general. Thus the story of the migration of Corinthian craftsmen to Etruria is confirmed by the evidence of Etruscan art. The flight of Demaratus is to be believed. Less likely is the story that makes him the father of a Roman king: it fails to account for the name Tarquinius. Ifwe ask how Demaratus was remembered, the answer must be through early Greek sources, historians of the fourth century drawing on Corinthian memories. A Roman source is out of the question and an Etruscan one only theoretically possible. It follows that the fusion of the Demaratus story with the Tarquin legend must be the work of the earliest generation of Roman historians. Demaratus migrates to Etruria, Tarquin to Rome. The pattern is symmetrical. The rest of the story is more easily disentangled. Tarquin is called by the praenomen Lucumo, which gave colour to his royal pretensions and also provided motivation for his migration to Rome. One of the

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The Arrival of the Tarquins in Rome

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oldest Etruscan myths was the rivalry between priest and king, Arruns and Lucumo (see Gage, Rev. Hist. ReI. 143 (1953), 170-208). It recurs in a very similar story in 5. 33. 2 (n.) and in both places it is a rationalistic explanation of a social distinction. Lucumo for Lucius is etymological conjecture and, although Polybius merely speaks of AEUKWS" 0 L11JfJ.apU:TOV, it is likely to be another addition to the outline of the Tarquin legend made by Fabius Pictor or his contemporaries. Once the two brothers had become part of history it was natural to pursue the fortunes of Arruns as well. Here researches into the history of Collatia and into the traditions of the Egerii (cf. 20. 5 n.) are indicated, suggesting the work of Cato. Tanaquil is Etruscan in name (34. 4 n.) and the renown of her doings is likely to have kept her name alive, but wherever we can test the truth of the circumstantial detail in which her life is clothed we find it to be unreliable. The events of her life are un-Roman and literary (34. 8 n., 34· 9 n.). Roman pride was always aware that the Tarquins were interlopers and that Rome had fallen into the hands of a foreign power but it was equally reluctant to explain this humiliation by an Etruscan conquest of Rome. In this dilemma the historians, while accepting the appearance of the Tarquins in the king-list of tradition, were anxious to dispute their legitimacy. Hence two legal niceties are inserted to discredit the claims of the Tarquins to the Roman throne. Lucumo was not legally the sole heir (34. 3 n.) and he was guilty of fraudulent behaviour in his capacity as tutor (34. 12 n.). These legal points are of a piece with the other legal insertions of the second century. Thus the whole superstructure about Tarquin is precarious. It is largely the erection of Fabius Pictor, and later historians added little or nothing to it. L. has no trace of the story originated by Varro that Tarquin's wife was Gaia Caecilia. But scepticism about the superstructure should not encourage scepticism about the foundations. The Etruscans led by Tarquins came to Rome towards the end of the seventh century. Salt and the passage of the Tiber led them on. They created the city and, by whatever means, controlled it. The excellent discussion by Schachermeyr in R.E., 'Tarquinius', has not yet been superseded. For the latest treatment of the Corinthian aspects see Will, Korinthiaka, 306 If.

the leading family of the city (cf. Ionian f3aaLAL!3al). Here it is no more than a false aetiology for the praenomen Lucius (cf. Auct. de Praen. 4). maxime : M. T. Tatham would read maximi, an artificial sentiment. cupidine ac spe form a single concept. 34. 2. Demaratus: a common Greek name, it was borne by another Corinthian, the friend of Alexander the Great (Plutarch, Alex. 9, 56). 34.3. ventremferre: evidently a technical or legal phrase, for it is found before the Jurists only in Varro, de Re Rust. 2. 1. 19. testando: Cicero (de Orat. I. 24 I) classes among self-evident cases which are never disputed in court the nullity of wills made by a father

I.

34

I.

1

antequam filius natus esset. 34. 4. Tanaquil: the name is Etruscan (cf. Banxvil) and the person real, but her character as a femme fatale is largely modelled on Greek

34. 1. Lucumo: according to Servius, ad Aen. 2. 278, 8.65, 475, ro. 202, lucumo was the Etruscan for rex: but cf. Censorinus, de Die Natal. 4· 13. The word also occurs on Etruscan inscriptions in various forms suggesting that, as here, it was used as a name (e.g. C.I.E. 3932, 3567, 3872, 3877: see Schulze 179). Munzer (R.E., 'Lucumo') argues that Servius' meaning was the original one but with the decline or disappearance of the kingship the title passed into a proper name used by

prototypes. See Momigliano cited in 41. 2 n.; bibliography on 39. 1. ea quo innupsisset: cf. 4. 4. ro. innubo takes the dat. (Ovid, Met. 7. 856 ne thalamis patiare innubere nostris; Lucan 3. 23; Cod. Theod. 3. 18. I : contrast Lucilius 260 M.). In the present passage the sense is clear. Tanaquil refused to give up by marriage the station to which she had been born. The contrast is between iis in quibus nata erat and ea tcum innupsisset (N). The simplest correction is ea quibus innupsisset but Weissenborn's quo is palaeographically more satisfactory and as an alternative to quibus for the sake of variety is to be preferred. Cf. Plautus, Aul. 489-90 quo illae nubent divites dotatae? 34. 6. potissima: the manuscript reading potissimum is impossible to construe and the necessary meaning 'most suitable' cannot be extracted from Gronovius's potissima. potissimum is used to qualify an adj. e.g. apta potissimum (Freudenberg) or potissimum apta (Buttner, Meyer) 'particularly suitable', opportuna potissimum (Frigell). But the easiest correction is Heumann's aptissima, metathesis with subsequent change. For aptus ad ef. 32. 17. 12,35.26.2,44. 3. 6. Tanaquil's persuasion is forthright and thoroughly modern in tone. For ex virtute nobilitas cf. Sallust, ]ugurtha 85. 17 (Marius); for nobilem •.. imagine cf. ibid. 25. 34. 7. ut cupido: 'seeing that he was eager for office'. 34. 8. aquila: the eagle was the bird of Zeus, king of the gods, in Greek myth (e.g. Aeschylus, Agam. 113) and therefore its appearance to a man betokened royal power, blessed by Zeus. The infant Gilgamos was saved by an eagle and became king of Babylon (Aelian, N.A. 12. 21). Similar Greek and Oriental legends have been overlooked in favour of the prodigy which befell Augustus (Suetonius, Aug. 94. 7 'aquila panem ei e manu rapuit et cum altissime evolasset rursus ex improviso leniter delapsa reddidit'). Suetonius gives no indication of date and we cannot tell (nor should we expect to know) the relationship between L. and that event. What is important is that

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Tarquin's eagle prodigy is no Augustan interpolation. It is an old element of the tradition (D.H. 3. 47. 3 ff.; Cicero, de Leg. I. 4) and was taken over from Cyrus (cf. 4. 6 n.). Of its telling Clericus observed 'poetae magis decet' and cast the passage into three hexameters. This was over-enthusiastic; but for repono with dat., not found in prose authors, cf. Virgil, Aeneid 7. 134; for sublimis abiit see 16. 7 n. Casaub:m noted that clangore (cf. 5· 47. 4; Virgil, Aeneid 3. 226) was an echo of the Homeric K/o..Uyyfj (cf., e.g., Iliad 3. 5)· Notice the visual details, the carriage and the cap. leviter: the true reading is certainly leniter; cf. Suetonius, loco cit.; Tacitus, Hist. I. 62. 3; Curtius 4. 15. 26. It is the gentleness of the royal bird which commands notice. See Wallden, Philologus 95 (1943), 142 ff. pilleum: the pilleus, a cone-shaped hat (Festus 484 L.) of Etruscan origin and depicted on Etruscan wall-paintings, was the head-gear of the pontijices and thefiamines ([Servius], ad Aen. 10. 270) and of the rex sacrorum. It was also in consequence of its use in the ceremony of manumission the symbol of freedom, the pilleus libertatis. Here it is meant as a symbol of kingship, which survived in an attentuated form before Roman eyes as the head-gear of the rex sacrorum. 34. 9. mulier: emphatically at the end of the sentence, for Tanaquil, like Dido, was acting in a quite un-Roman way. Women, both in Etruria and at Rome, did not divine nor did amateurs make prophecies without the assistance of a professional seer (R. Enking, Mitt. Deutsch. Arch. Inst. 66 (1959), 78). Tanaquil is modelled after the prophetic women of Greek myth, in particular Medea. humano: the cap had been placed first on his head by his own, human hands: it was now placed there by divine hands. He was consecrated king. It is superfluous to say that it was placed on a human head. Therefore we should accept Stroth's humana manu superpositum. 34. 10. Priscum: the cognomen is doubly spurious. It could only have been added after Superbus had reigned in order to differentiate the two Tarquins, and unlike the names of other kings it is descriptive. 34. 12. bello: cf. 9. 26. 2 I. tutor: Ancus' sons being sui iuris but under age at his death were subject to tutela. It is not clear whether in primitive law the tutela of free-born persons invariably went to the nearest male agnate or whether, as is implied here, a man could appoint a tutor by his will. The most probable reconstruction of Table 5. 7 of the Twelve Tables suggests that testamentary guardianship was valid at least by then. The present case will, therefore, be an historical precedent invented and invoked as an illustration of the working of the Twelve Tables (4.9.6 n.). It also raises the question of the relationship between the tutor and the heres in early law. The tutor at this stage of legal development

was seemingly regarded as having and exercising the rights of a heres who was under age, a position later modified. The action ofTarquinius Priscus was a test-case for this too. See Aranjio-Ruiz, Rariora, 151-67; J olowicz, Historical Introduction, 120-2.

J.

34. 8

1.34. 12

35-38. The Reign of Tarquinius Priscus If there were two Tarquins the Romans knew nothing that could be pinned to one or the other in such a way as to give their reigns separate characters. Their very names, Priscus and Superbus, are the work of subsequent differentiation and a comparison of the deeds attributed to them displays an unhealthy duplication. Both are credited with the building of the cloacae, the circus, and the beginning of the Capitoline Temple. Both engaged in successful operations against the Latins (Apiolae and Pometia). Both were driven on by ambitious women. Yet Priscus and Superbus cannot be identified. The Etruscan domination of Rome begins in the period 625-600 and at the other end 510 is a firm date for the expulsion of a king who can only be a Tarquin. We should rather believe that tradition accurately preserved the memory of an Etruscan era at Rome lasting for a century with possible interruptions (Servius Tullius) during which the Tarquin family maintained a dynastic rule, but that the few specific events which were remembered, such as the opposition of Attus Navius or the tragedy of Lucretia, were remembered as occurring in the times of the Tarquins rather than as attached to one particular person. It was left to the historians to arrange this inchoate material into a pattern, to distinguish one Tarquin from another, and to allocate events to each. The history ofTarquinius Priscus can be easily analysed into its component parts. The groundwork ofhis reign is laid with two very old stories, Attus Navius (36. 2 n.) and the river battle (37. In.), both undated tales handed down as belonging to the Tarquin age of regal Rome. Roman institutions afforded further material, for every curiosity and every anomaly required explanation and an historical atnov. Two such, the minores gentes and the centuriae posteriores, were ascribed to Tarquinius Priscus for no good reason so far as can be seen except that a study of prosopography reveals that the Tarquins did in fact encourage a number of Etruscan families to settle at Rome. So too it was a matter of observation that the ludi were Etruscan in origin and character. They must, therefore, have been instituted by a Tarquin. In the field of topography the same desire to find an auctor and an origo for every place and every feature led historians, among whom Cato was prominent, to plot a map of Tarquin's conquests across Latium (38. 4 n.) and to credit him with buildings throughout the city itself (35. 10 n., 38. 6 n.). Finally, the study and collection of legal formulae was turned to account and the deditio 814432

145

L

1.

35-38

TARQUINIUS PRISCUS

TARQUINIUS PRISCUS

4. 3·

1.

35· 3

The interweaving of 7Tol..tTtKa{ and 7TOI..€j-LtKal 7Tp&.gEtS which D.H. keeps in two separate compartments (3. 49-66; 67-71) is as characteristic as his handling of the Navius episode. D.H. adds it as an appendix to his history of the reign and is at pains to exaggerate the miraculous aspects of the story. L. makes it the centre-piece, playing down the miraculous (36. 4 ut ferunt . .. ferunt, 36. 5 memorant) but presenting it in lively and dramatic dialogue. See Schachermeyr, R.E., 'Tarquinius'; de Sanctis, Storia, I. 371 ff.; Burck 157-60; Heurgon, Inform. Litt. 1955, 5 6- 64. 35. 1. Ancus: reigned twenty-three years according to the older chronology used by Cicero (de Rep. 2. 33)' puberem: 2. 50. lIn. 35. 2. venatum: so Atys, the son of Croesus, was deprived of his royal inheritance by being sent out to hunt the Mysian boar (Herodotus I. 37 ff.). 35. 3. [cum]: will not construe, and emendations (tum Kreyssig) or transpositions (accitum:
ff. Notice the rhetorical flourish with which he concludes---the chiastic in regem ... cum rege and the alliterative obsequio et observantia. 35. 6. cetera egregium: 32. 2, an unconscious repetition (c£ 14· 4 n.). centum: cf. 2. I. 10, 5. 14. 4. Rome knew a distinction within the body of patricians between gentes minores and gentes maiores and, with the exception of Tacitus who ascribed it to the first consul Brutus (Annals 1 I. 25), the tradition attributed that distinction to the elder Tarquin (Cicero, de Rep. 2. 36; D.H. 3.41). The point of the distinction is not at all clear. Ancient scholars by confusing membership of the Senate with membership of the patrician order concluded that it was no more than an increase in the size of the Senate. So L. writes here centum in patres legit. But it is hard to believe that if there were plebeian kings and plebeians among the earliest consuls there were not also plebeian senators. The limitation of the senate to patricians is the product of over-schematic theorizing influenced by the much later Struggle of the Orders. Originally no doubt the council of state did consist simply of the heads (patres) of the gentes and in primitive times before the influx of foreigners and immigrants the only gentes were those later recognized as patrician. For the dichotomy between patrician and plebeian was based on origin, that is on inherited sacra. The first move, therefore, must be to separate the issues of increasing the Senate and of increasing the patrician order. N ow the patrician order, as distinct from the senatorial order, was of importance chiefly for its religious functions. Only a patrician could be an interrex. The major priesthoods, the jlamines, were confined to patricians. Several cults, as well as the auspicial rights, were in the hands of patricians. Thus it is probably no accident that the increase in the number of patrician families is attended by an increase in the number of Vestals, augurs, and pontifices. The expanding city required an enlarged religious establishment. This, and no more, is to be seen as the purpose of the creation of the minores gentes and it is notable that the only gens which we know for certain to have been one of the minores, the Papiria (Cicero, ad Fam. 9. 21. 2), was celebrated for its religious affiliations in the early Republic, being credited with a pontifex maximus in 509 and with the author of the Ius Papirianum. Since we are ignorant of the names of the maiores and minores we cannot hope to date the creation of the latter class, but it must belong to the regal period. The Papirii gave their name to one of the 16 old rural tribes. It would seem, moreover, that the Alban families also belonged to the minores and I should be inclined to believe that the need to distinguish between patrician and plebeian and hence to classify minores and maiores, old and new, among the patricians only arose with the advent of the Etruscans who brought new religious practices and new families.

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formula was inserted into the narrative of Tarquin's wars (38. 1 n.). Motivation and narrative could be supplied by the adaptation of Greek stories (35. 2 n.). All these details were the product of inference, not of memory or documentation. In many matters we may believe that historians did hit on the truth. In all probability the conquest of the nearby cities ofLatium was accomplished under the Tarquins, for the history of the fifth century presupposes that it was already effected by then and it can hardly have been begun before Rome became a city. In all probability, too, the minores gentes do represent Etruscan immigrants. Nevertheless a true memory of all these things was not handed down from regal to classical times. It can be shown that L. took his version from a later rather than an earlier historian (35. 6 n., 35. 8 n.). Since L.'s account of the spoil from Apiolae contradicts that given by Valerius Antias (35· 7 n.; cf. 38. 1 n.), Licinius Macer is a candidate. L.'s art can be seen in his treatment of the reign. The contents of 35-38 may be tabulated:

35. 35. 35. 36. 36 .

1-6

Internal: institutions A. External: Latin war. 8-36. 1 Internal: buildings A. 1-2 External: Sabine war. 2-8 Internal: institutions B. Attus Navius. External: Sabine war. Internal: buildings B.

7--8

2

1.

35. 6

TARQUINIUS PRISCUS

Thereafter the distinction between maiores and minores was, at most, an heraldic one. At least four of the maiores were enrolled in the premier urban tribe, the Palatina, perhaps by Ap. Claudius Caecus in 3 I 2 (L. R. Taylor, Voting Districts, 284-5), and Mommsen conjectured that the distribution was perpetuated in the aristocratic Ludus Troiae (Staatsrecht, 3. 31 n. 3: cf. Suetonius, Julius 39). Certain it is that Cicero is wrong in pretending that the maiores were always called before the minores in the Senate to give their opinion (de Rep. 2. 35). See Mommsen, loco cit.; Kubler, R.E., 'gens'; Siber, R.E., 'plebs', who argues that the minores were Etruscan. Turning to the enlargement of the Senate we are faced with two questions. (i) Was the ancient tradition unanimous that the full Senate at the end of the regal period numbered 300? In 17. 5 the number is fixed at lOO, in 30. 2 it is increased by an unspecified amount, in 35. 6 it is increased by 100, and in 2. 1. lO it is assumed to be 300. All these passages, allowing that the increase under Tullus was lOO, are consistent and with them D.H. agrees (3. 67). Cicero, on the other hand, writes duplicavit patrum numerum but this does not imply that he intended either a final total of only 200 if he excluded the Alban increase, or of 400 if he included it, for there was a variant tradition that the Senate after Romulus' death numbered 150 (100+ 50 Sabines: Plutarch, Numa 2; Zonaras 7. 5: cf. D.H. 2.47). Conversely Dio makes Tarquin augment an original 100 by 200 new members. In short it is probable that the figure of 300 was constant but that there were rival accounts of how the figure was arrived at. L. follows a late version. (ii) Did Tarquin in fact supplement the Senate and is the figure of 300 credible? The figure of 300 looks schematic. With no enunciated principles of election or qualification for membership we are forced to conclude that it is a conjecture derived from the later system of decuriones which prevailed in Roman colonies and municipia and derived from the three Roman tribes, Ramnes, Tities, Luceres. In historical times there was no fixed limit for the Senate. This does not, however, mean that there was no increase under the Tarquin dynasty. The names of the oldest rural tribes contain several Etruscan namese.g. Lemonia, Menenia, Papiria, Voltinia. The non-Etruscan namese.g. Aemilia, Cornelia, Fabia, Horatia-belong to senatorial families (and include three of the presumed maiores gentes) and it is, therefore, a fair assumption that the Etruscan names are also senatorial. Now the rural tribes were certainly instituted before the end of the kingdom os that it follows that there were Etruscan senators under the Tarquins and they are hardly likely to have displaced non-Etruscans. It would be straining the evidence to pin the increase definitely on Tarquinius Priscus or to insist that the enlarged total was precisely 300. 35. 7. Apiolas: a town in Latium, placed by Strabo (5. 23 I) in Vol148

TARQUINIUS PRISCUS

1.

35· 7

scian country near Pometia. Its site is quite unknown. Valerius Antias fro I I P. writes: 'oppidum Latinorum Apiolas captum a L. Tarquinio rege ex cuius praeda Capitolium is incohaverit.' 35. 8. tum: 2. 36. I n. There were different traditions about the origin of the games. D.H. distinguishes the annual games, which he claims were. first founde~ by the dictator Postumius in 499 (6. 10), from the votive games whIch were first vowed by Tarquinius Superbus after the capture of Pometia (6. 29). Piganiol (Recherches, 75 ff.), accepting the historicity of the distinction, believed that the annual games were originally pleb~ian and that they were recognized as the state games only at the end of the fourth century as a gesture of good will on the conclusion of the Struggle of the Orders. Conversely the votive games, celebrated sporadically up till 358 (4. 12.2,27. 1,35. 3, 5· 19· 6, 7· I I. 4), lapsed after that date until revived in 2 I 7 as one of the many panic measures inspired by the Carthaginian menace. It was for that celebration that the bogus protocol described by Fabius Pictor (D.H. 7. 70 ff.) was resuscitated. But the ludi magni were, in Roman eyes, quite distinct from the ludi plebeii and there is in any case no certain evidence that the latter were ever held before 214. It is, therefore, better to follow Mommsen and believe that the annual ludi magni evolved out of the sporadic celebration ofvotive games, akin to but distinct from the triumphalludi Capitolini. The antiquity of the games can be approached by reviewing the nature ofthe games themselves and the archaeological evidence for the construction ofthe Circus Maximus. Wall-paintings belonging to the last quarter of the sixth century from Corneto ('Grotta delle bighe') and Chiusi ('Tombe della scimmia') illustrate scenes of Etruscan funeral games which resemble the traditional Roman games in many points ofdetail-horses, boxers, spectators, even a puteal which Piganiol with some plausibility compares with the Ara Consi in the Circus (Recherches, 1-14)' There can be no doubt that the games were Etruscan in origin and date from the Tarquin period, although later rather than earlier in it (56. 2 n.). The archaeological evidence is inconclusive. The earliest datable construction belongs to the late fourth century, agreeing with L.'s notice that the first permanent structure was made in 329 B.C. (8. 20. I). In short, common sense and tradition pointed to an Etruscan origin for the games but there was no firm evidence from antiquity which involved one or other Tarquin. Hence duplications (35. 8, 56. 2) and uncertainty. tum primum: tunc primum M. See 5· 7· 13 n.; Housman, Manilius 2 , 5. p. I 16. The theory that horse-races at the Consualia were as old as the festival and so older than the Tarquins is to be rejected (9. 6 n.). patribus equitibusque : the allocation ofspecial seats for the equites, as an inferior class to the patres, is a post-Sullan anachronism. I t reflects the 149

T ARQUINIUS PRISCUS

TARQUINIUS PRISCUS

normal seating of the late Republic. Special seats were first reserved for senators in 194 B.C. (34. 44. 5) and for equites by the Lex Roscia of 67 B.C. Since Valerius Antias is specifically named as one of the authorities whu recorded the precedent of 194 (fr. 37 P.) it may be inferred that he is not L.'s source here. 35.9. ludierum: 5. I. 5. Tacitus, Annals 14. 2 I, appeals to the authority of maiores for his contention that only histriones came from Etruria while horse-races first came from Thurii, but he is confuted by the evidence from the Etruscan tombs. sollemnes: 'held at regular intervals', more closely defined by annui, cf. 3. 15· 4 sollemne in singulos annos, I. 9. 6. Mommsen, wishing to vindicate the truth of his theory about the games, punctuated sollemnes, deinde annui mansere ludi 'first at intervals and then annually', but deinde is conclusive against this. deinde must be used here as at 27. 23. 7 is dies deinde sollemnis servatus. 35. 10. divisa ... loea: cf. 35. 8, an unconscious repetition. portieus tabernaeque: a recollection of the construction of the Forum under the Tarquins. For the tabernae see 3. 48. 5 n.; the portieus is anachronistic since the first were those constructed in 193 B.C. by M. Aemilius Lepidus (35. 10. 12). It is another historical throw-back.

Sicyon who renamed the three Dorian tribes in his city and added one of his own (Herodotus 5. 68; cf. Cicero, de Rep. 2. 36). Thus Greek models once again provide motive and continuity. Later embellishments to the story include the naming of a fig-tree in the vicinity of the putealfieus Navia (Festus 168 L. ; Pliny, N.H. 15· 77) and the erection of the statue (36. 5 n.). The activities of Q. Navius described in 26. 4. 4-10 are purely coincidental and are unlikely to have influenced the decision to connect Navius with a reform of the equites. L. treats the story as an illustration of the power of religious sentiment, although he is himself sceptical of the miraculous aspects of it. He admires and is anxious that others should admire the moral nihil nisi auspieato and achieves his purpose as is his wont (2. 10. In.) by crystallizing the episode into a dialogue. See Kroll, R.E., 'Navius (I)'; Petrikovits, Mitt. d. Ver. Klass. Philol. 9 (1932),36 ff. 36. 3. inaugurato: it is not stated in 13. 8 that Romulus did so create them but it is a reasonable assumption. Attus Navius: for the praenomen see 2. 16. 4 n. Navius, the true form of the name (Naevius in de Viris Illust. 6. 7 is a trivialization), is Etruscan; cf. navesi, navlis and Navinius, Navonius (Schulze 197). 36. 4. utjerunt : cf.jerunt below and 36. 5 memorant. The non-committal attitude to the miraculous part of the story may be taken as some evidence ofL.'s religious scepticism (Kajanto, God and Fate in Livy, 32). 36. 5. statua: according to Pliny (NoH. 34. 2 I) the base was destroyed in the conflagration of 52 B.C. but D.H. 3. 7 I. 5 states that the statue was still standing and describes it as smaller than life-size. It is probable that it did not survive to the Augustan age (notice L.'s juit) and that D.H. is merely retailing his sources (but see A. Andren, Hommages Herrmann, 98). in gradibus ipsis : the ancient eomitium was a semi-circular space in the shape ofa theatre (eavea). It lay b~tween the two streets Argiletum and Clivus Argentarius. The place of a stage was taken by the rostra, the seating was arranged in tiers (the gradus mentioned here and in 48. 3), and the old Curia stood at the top at the back. It was capable of holding some 6,000 people. The gradus are not the steps leading into the Curia (see details in Sjoqvist, Studies Presented to D. M. Robinson, I. 400-11). 36. 6. auspieato: 5. 38. I, 6. 41. 4; cf. Cicero, de Div. I. 28 nihil jere {Juondam maioris rei nisi auspieato ne privatim quidem gerebatur. For the persons entitled to take the auspices, the mode of taking them, and the occasions when they were taken see 18. 6 n. and Wissowa, Religion, 523 ff. summa rerum: summa must be a neut. plural 'the weightiest affairs' (cf. 9. 43· 4 subita rerum) but the zeugma involved in understanding dirimerentur both of adjourning the assemblies met to discuss business

I.

35. 8

36. 1. muro: 44. 3 n .. There are no signs of a Tarquinian wall. 36. 2. Ramnes, Titienses, Lueeres: 13. 8 n.

Attus Navius Attus Navius was a famous augur under the Tarquins. This is what we are told and we can confidently affirm it, for his name is Etruscan and, if he had not lived under the Tarquins, he would have been placed in the reign of Romulus or Numa. There was also a stone, probably a meteorite, venerated in the eomitium and surrounded by pious hands with a puteal (Cicero, de Div. I. 33 with Pease's notes; D.H. 3. 71. 5). The connexion between the two was first made by those who, whether priests or guides, were concerned to offer an explanation of the stone. It is an aetiology of a common type. Once the connexion had been made it was developed. The augur had performed a miracle with the stone. Such miracles are attested elsewhere and a close parallel is afforded by the legend of young Arthur and Excalibur. The circumstances of the miracle now called for explanation and were provided by the curiosity of the Sex Suffragia. It was known or might be presumed that Tarquin increased the cavalry just as he had enlarged the Senate and the patricians, but the signs of that increase could only be discerned in the duplication of centuries with the same name. The historical oddity of primores and posteriores excited comment and recalled the doings of Cleisthenes of 15°

15 1

1.36.3

36.6

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TARQUINIUS PRISCUS

and of adjourning the business is harsh. Moreover L. frequently elsewhere employs the phrase summa (fern. sing.) rerum 'the supreme situation', cf., e.g., 3. 51. 10 qui summae rerum praeessent.With Gronovius I think we should read vocati de summa rerum. exercitus is used not in its exclusively military sense but as the technical term for the people assembled in the comitia centuriata. 36.7. alterum tantum: sc. numerum 'a second draft of the same size'. N.'s order tantum alterum, retained, e.g., by Pettersson, could only be understood as 'he only (tantum = modo, solum) added a second draft'. mille et octingenti: the overall strength of the cavalry is unclear. The reorganization allegedly introduced by Servius Tullius provided for an establishment of 18 centuries of cavalry, that is 1,800 men (43.8-9 n.). In addition to Romulus' creation of the 300 equites (13. 8 n.), identical with the 300 Celeres (15. 8 n.), Tullus enrolled a further 300 in 10 squadrons from Alba (30.3). Unless L. is counting the 300 Celeres as a separate body from the 3 Romulean centuries the total cavalry establishment at this date can, according to the tradition, be only 600. This total doubled would yield 1,200. Neither here nor in Cicero, de Rep. 2. 36 where they read MACCC, are the manuscripts unequivocal in giving the Tarquinian total as 1,800; it will be seen from the O.C.T. Apparatus that TTA have M et CCC. The strongest argument in favour of reading 1,800 in both places is the belief that Servius Tullius merely reorganized the army and did not enlarge it. This, however, is mistaken. Festus 452 L. says: 'sex suffragia appellantur in equitum centuriis quae sunt adiectae ei numero centuriarum quas Priscus Tarquinius rex constituit', that is, Festus accepts that there were only 12 centuries or 1,200 cavalry under Tarquin and that Servius enlarged the establishment to 18. On every ground, therefore, mille et cc should be read here (Hill, Roman Middle Class, 4; against Mommsen, Staatsrecht, 3. 10 7 n. 3).

Conway assumed that the bridge was a pontoon bridge consisting of stakes (sublicis) to which were moored rafts (ratibus) , and that the burning logs jammed against the stakes and the rafts and so set the bridge alight. But there is nothing to suggest that it was a pontoon bridge. The mention of sublicae points rather to a wooden pile-bridge like the Pons Sublicius. If so, there was a danger that the burning logs might float through the arches of the bridge without harm. To obviate this the Romans had to be sure that the timbers were in units too big to pass under the bridge. In addition common sense would show that burning logs thrown into the water by themselves are not likely to stay alight for long. Both problems could be solved either by tying the logs together or by putting them on rafts. And the latter is precisely what D.H. 3. 56 says: uXE8£as gvAwv avwv Kat
I.

The Defeat

of the Sabines

The battle is a repetition of a story which recurs on several occasions in Roman history (cf. 27. 10, 4. 33. 10 n.) and is thought to be inspired by a primitive ceremony, the descensio Tiberina, although here there are echoes of the disaster of 90 B.C. when Marius learnt of the defeat of his colleague Rutilius by the arms and bodies washed down the river Tolenus to him (Appian, B.C. I. 43; Orosius 5. 18. I I: see Echols, Class. World 44 (1951), 134). The present passage is in part also an atnov for the ceremonies of the Volcanalia (37.5 n.).

I.

37.

I

37. 1. sublicis: the bridge is a Sabine bridge over the Anio, not the Pons Sublicius at Rome. The exact sense of the passage is in doubt.

The Deditio Formula Deditio was unconditional surrender. The defeated voluntarily resigned himself in dicionem or infidem (both phrases are used without distinction: cf. Polybius 20. 9. 10 ff.) p. R. His sub3equent treatment was determined not by any treaty-obligations undertaken by the Romans but by their fides. The procedure is undoubtedly antique and, unlike the iusfetiale, it continued in operation throughout the historical epoch. Examples are listed by Premerstein, R.E., 'clientela' ; see also Schulten, R.E., 'Dediticii'; Badian, Foreign Clientelae, 4-7. The formula as given

15 2

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by L. is also of some age since it is admirably parodied in a passage of the Amphitryo of Plautus (258-9):

Tibur (D.H. 1. 16). Corniculum was captured immediately after Collatia (D.H. 3. 50. 4) which rules out any of the distant hills such as Mte. S. Angelo. It should be sought in the area of Mte. dell'lncastro where Villanovan sherds have been found. The site is a typical promontory without the great natural strength of Veii to make it longlived; it is on the highest ground overlooking Collatia ; it is the centre of a considerable road-system from both Rome and Crustumerium. See also Ashby, P.B.S.R. 3 (1906), 183. Ficulea vetus: 3. 52. 3; so called because it was an Aboriginal settlement (D.H. 1. 16) before being latinized, lay near Fondo Capobianco at the fifth milestone on the Via Nomentana. The site is naturally habitable and it survived Tarquin's capture to conspire against Rome in 390 (Varro, de Ling. Lat. 6. 18) and to provide an estate for Cicero (ad Au. 12.34. I). The site is identified by inscriptions (C.I.L. 14.400155)· Cameria: or Camerium (Tacitus, Annals 11. 24), an Alban colony (Diodorus 7. 5; Pliny, N.H. 3. 68) which enjoyed estimable land (Festus 268 L.), its site can only be guessed in relation to Ficulea and Nomentum. It lay a night's march from Rome (D.H. 5. 49), i.e. not more than 15 miles, and is placed both by L. and by D.H. (3.5 I) after Ficulea. The most inviting site is Casale Mte. Gentile, 10 miles from Rome, where ancient material has been unearthed (Ashby, P.B.S.R. 3 (1906),65). The Coruncanii and one branch of the Sulpicii came from there but the fact that Ser. Sulpicius Rufus, consul in 5 I, be~ longed to the tribe Lemonia does not help. It was sacked in 502 (D.H. 5· 21, 49)· Crustumerium: 9. 8 n. Ameriola: mentioned only here and, as a vanished city, by Pliny. It must have lain in the area between Crustumerium and Nomentum. Possible sites would be S. Colomba on the Via Salaria or the spur at the east end of the Mte. Massa where an ancient road passes to Nomentum. Medullia: 33. 4 tuta munitionibus; the Romans had to camp in the open to attack it. It was a more considerable place than Ameriola, although listed by Pliny as vanished and evidently situated in the same locality, for the cognomen Medullinus was held by the early Furii. Despite the connexion of that family with Tusculum (C.I.L. 1 2 • 4857), Medullia must have been near Nomentum. The obvious site is Monte Rotundo. See also Ashby, P.B.S.R. 3 (1906), 186. Older conjectures are too far afield. Nomentum: lay 13 miles north ofRome at the end of the Via Nomentana and guarded the crossing of the Allia. Claimed as an Alban colony (D.H. 2. 53), it was a Latin community which bordered so closely on Sabine territory that it often changed sides. It is the only

1.

38.

I

deduntque se, divina humanaque omnia, urbem et liberos in ditionem atque in arbitratum cuncti Thebano populo. where the valuable detail that they prayed velatis manibus corroborates the belief that surrender in dicionem was surrender in fidem (see note on 2. 12. I ff.; Riess, C.Q. 35 (1941), 155). Its form, by question and answer, also speaks for its authenticity being characteristic of other procedures in private law such as Stipulatio. We may, therefore, believe that L. gives the ancient formula modified only in orthographical details. It presumably was contained in a collection of similar formulae and was extracted and employed in its present context by one of the later annalists. 38. 1. Collatia: said by Virgil (Aeneid 6. 774; cf. Pliny, N.H. 3· 69) to have been an Alban colony, Collatia was, as its name despite the artificial etymologies of antiquity (Servius, ad Aen. 6. 773 ex collata pecunia; Paulus Festus 33 L.) implies, a Latin town. It was on the site of the modern Lunghezza (cf. Frontinus, de Aqu. 1. 5. 10; see Ashby, P.B.S.R. I (1902), 146 ff.), commanding the Anio crossing and the transverse road from Veii to Gabii. A small community survived until the Empire (Strabo 5.230). citra: better circa (Lallemand). Egerius: 34. 3. The story of his vice-royalty at Collatia is perhaps based on the known fact that the Egerii were a powerful family in Latium in early times. Cf., e.g., the dic(t)ator Latinus Egerius Laevius (Cato fro 58 P.) and the Egerii at Aricia mentioned by Festus (128 L. a quo multi et dari viri orti sunt et per multos annos fuerunt). See also 2 I. 3 n. 38.2. oratores: 15.5,2. 30. 8, 32.8,39. 11,5.15.3,16. I; the orator differed from a legatus in that he was not a plenipotentiary but merely a spokesman. He had no powers to negotiate. in sua potestate: 2. 14· 4 n. at ego: 28. 9 n. 38. 4. omne nomen: the list of cities comprises all those on either bank of the Anio as far as the barrier of the hills. Their capture, although not necessarily to be ascribed to the elder Tarquin, was a logical consequence of the final repulse of the Sabines and the quest for wider pasturage. The list itself was probably compiled by selecting those names which figured in the list of the feriae Latinae and which lay in that quarter of Latium within a certain radius of Rome. Corniculum: the home ofServius Tullius' mother (39. I n.), its name survived in Pliny's list of vanished cities (N.H. 3. 68) and in the montes Corniculani, which lay along a line from Antemna through Ficulea to

154

155

1.

38. 4

TARQUINIUS PRISCUS

SER VI US TULLI US

one of the cities to have survived in sufficient strength to be a member of the Latin League (D.H. 5. 61). It continued as a municipium into the Republic. See Philipp, R.E. 'Nomentum'. 38. 6. aquas, cloacis: the confusion in the manuscripts is caused by the interpolation of e which is transposed by Rx Ox in an attempt to produce syntax. The notice about the cloacae and the Capitol anticipates the works of the younger Tarquin (56. 1-2 nn.). There was an intimate connexion between the two operations, for the Capitol could only be accessible for building after the Forum had been drained. The draining of the Forum may have been accomplished in two or more stages, minor cloacae followed by a full-scale ditch, but it is more likely that the whole operation was done at one time and that it has been reduplicated in the sources because it was known only that it had been undertaken by an unspecified Tarquin. The Forum-area had ceased to be used as a burial-ground by the end of the sixth century.

39-48. Servius Tullius: Origins, Accession, and Reign The historical character of Servius Tullius, the sixth king of Rome, is beyond dispute. He is invariably associated with the creation of the centuriate organization, with the construction of the walls of Rome, and with the institution of the cult of Diana on the Aventine. The tradition is unanimous and there is no reason to reject it. His name (mentioned already in Timaeus ap. Pliny, N.H. 33. 43) has no special significance other than its uncompromising latinity and that Etruscan historians should have troubled to dispute it by identifying Servius with an Etruscan Mastarna (Or. Claudii = I.L.S. 212) only confirms that his reign marked a Latin interruption in the Etruscan domination of Rome as represented by the Tarquins. Set the basic facts on one side and the rest of the biography of Servius appears to be deliberate embellishment conceived to add dignity to a king whose role in the development of the Roman constitution was known to be important, whose name at all times inspired the noblest sentiments of patriotic pride but whose story suffered from a paucity of circumstantial evidence. The miraculous circumstances of his infancy have many parallels in legend (39. I n.), the murder of Priscus is modelled on an episode from the history of fourthcentury Magna Graecia (40. 5 n.), the concealment ofPriscus' death has Ptolemaic precursors (41. 4 n.), and many of the particular details ofthe centuriate organization can be demonstrated to be anachronisms from the second century. It is reasonable to suppose that Fabius Pictor was the first to give the reign most of its present features, since Polybius and Cicero (de Rep. 2. 38-4 I) do not differ strikingly from L., but later historians, inspired by political or philosophical theories

of history, will have added touches of tendency or, inspired by local legends and antiquarian oddities, will have inserted particular points. For L. Servius' importance lay in the part he played in promoting the growth of Roman institutions (42. 4). Each of the kings is characterized by a special interest, Numa by religiones, Ancus by bellicae caerimoniae, Tullus by his ferocitas, Superbus by his superbia. So Servius' organization of the state overshadowed everything else. He is indeed a second founder (conditor) of Rome and accordingly occupies the same position and the same amount of space in the second half of the book (39-48) that Romulus does in the first (7-16), as Superbus (49-60) balances Tullus (22-31). L. is always careful to give his books such a formal symmetry. The matter of L.'s account will have come without alteration from his sources and the harshness of eo tempore raises a suspicion that at that point he switches to a new source. Note also the citation ofvariants at 39. 5 over the parentage of Servius and the contradiction between 42. 2 and the narrative of 38. L.'s description of the fire-prodigy disagrees radically with that given by Valerius (39. I n.) so we must assume that L. changed from Licinius to Valerius at 39· 5 (n. eorum) but that he had had a preliminary glance at Valerius for details of Servius' early years. In any event the immediate source for 43 cannot be earlier than c. 130 nor later than 80 for 45. 1-8. Corroboration is provided by D.H. who combines Valerius with other authorities. Hence there are surprising similarities as well as surprising divergences between D.H. and L. It is far-fetched to assume an analogy between the circumstances of Tullia's marriage and the ab,upt wedding of Livia and Augustus in 38 B.C. Bibliography: J. J. Bachofen, Tanaquil; L. Euing, Die Sage von Tanaquil (Frankfurt. Stud. 8); W. Soltau, Phil. Woch. 25 (1905), 220 ff.; E. Pais, Storia Critica, I. 495 and Ancient Legends, 128-5 I ; H. Last, G.AB., 7. 387ff.; E. Cocchia, Atti R. Accad. Napoli 8 (1925),211; Groh, Historia, 2 (1928), 353; Burck 160-3; G. Dumezil, Servius et la Fortune (1943) ; W. Hoffmann, R.E., 'Servius Tullius' ; Schachermeyer, R.E., 'Tanaquil'; U. Coli, S.D.H.I. 21 (1955),186 ff.; P. de Francisci, Primordia Civitatis, 668-705. 39. 1. eo tempore: 2. 33. 10 n. Servius Tullius: a Latin name, for the history ofwhich see H. Jordan, Die Konige im alten Italien (1887), 15 ff. Subsequently Tullius was used only by plebeians, which is a guarantee of its authenticity since no fifth- or fourth-century historian would have invented a plebeian king. caput arsisse: early Roman legend offers several examples of the miraculous King's Fire. It was commonly supposed that the old Latin

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1.38.4

SERVIUS TULLIUS

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kings were the offspring of the fire-god by mortal mothers and such manifestations testified to their royal and divine nature. Romulus and Remus were the children of a slave woman and a flame of fire according to Promathion (Plutarch, Romulus 2 ; cf. 1. 3. I In.); Caeculus, the founder of Praeneste, was conceived through a spark which struck his mother from the fire, while both Lavinia (Virgil, Aen. 7. 71-77) and Ascanius (Virgil, Aen. 2. 680-6) were attended by haloes offire which played about their heads. (Such supernatural illumination has parallels in other communities, to be found in Sir James Frazer, Golden Bough, 2. 194-206; A. B. Cook, Zeus, 2. 114; and Gow on Theocritus 24.22.) In the case of Servius it would appear therefore that the crude story according to which his mother conceived by a flame in the shape of the genitals (Plutarch, defort. Rom. 10; D.H. 4. 2; Ovid, Fasti 6.631) was the primitive version-which was subsequently rationalized into the more respectable tale adopted by L. in which divine fire merely played ab:mt the child's head (Cicero, de Div. 1. 121; Pliny, N.H. 2. 241; Servius, ad Aen. 2. 683; de Viris illustr. 7. I). According to Plutarch, Valerius Antias (fr. 12 P.) was the first to improve on that story by making Servius not an infant but a grown man who had just lost his wife Getania when the divine manifestation occurred. L.'s version should, therefore, come from Licinius Macer. 39. 2. miraculum: 4. 7 n. sedatoque eam tumultu: iam, read by the manuscripts, would underline the clear break between what had happened and present circumstances. Such a break is unwanted here since the tumult presumably subsided at a word from the queen ('the queen asked for quiet and forbade .. .'). Gronovius proposed eam to provide, as well, a subject for vetuisse. The setting of a subject noun or pronoun inside an abl. abs. often has the effect of a present or past participle in agreement with the noun. eam is certain here but cf. 40. 37. 6 (Meyer). 39. 3. videsne: so 7T. MI.. have the corrupt vidine which Gronovius emended to the syncopated viden. Elsewhere L. uses videsne tu (6. 29. I) and this alone should lead us to follow 7T quite apart from the fact that viden tu would be lively conversation (Terence, Heaut. 252) and inappropriate to the formal phrasing ofTanaquil. viden ut+indic. is the accepted poetical usage (Virgil, Aen. 6. 779 with Norden's note). videsne also occurs in Cicero, Acad. prior. 2. 57 (Frigell, Epilegomena, 37)· scire licet: only here in L. The periphrasis lends weight to the point which is going to be made and is used frequently by Lucretius and Celsus in their most didactic moments. lumen . .. praesidiumque: Tanaquil's prophecy with its figurative use of lumen is an interpretation of the fire-prodigy, an effect destroyed by Rhenanus's ingenious
solemn word (Fraenkel, Horace, 217 n. 2) and is used in metaphorical contexts of this kind (6. 37. 10; cf. Horace, Odes 2. 17· 3-4), but the conjunction of lumen and praesidium can be supported. Cf. Virgil, Aeneid, 2. 281 (from Ennius). nostra: not superfluous since it adds a measured dignity to her words -an effect also achieved by the repeated n. 39.4. evenitfacile quod dis cordi esset: if the consensus of the manuscripts is right, quod must be a causal relative = quippe quod (cf. 45· 7) and the subject of evenit (aorist) be Tanaquil's prophecy as a whole. The alternative (evenit present; quod . .. est (with CruteI' and some recc.) relative) makes the sentiment general: 'what the gods wish is accomplished easily' (cf. Petronius 76 cito fit quod di volunt or, with Lendrum, Pindar, Pyth. 9. 69; notice also Homer, Od. 3. 23 I; Euripides, Ion 1244; Pindar, Pyth. 2.49). Cruter's interpretation ('ut istud substruat quasi dogma') seems, however, abrupt in the context. This moralizing generalization reflects a commonplace, often colloquial, practice of adding a touch of mock-seriousness to a story by inserting quomodo di volunt and the like: cf. Plautus, Miles I 17; Virgil, Aen. 5. 50; Petronius 6 I fabulam exorsus est ' ... ibi, quomodo dii volunt, amare coepi ...'. For dis cordi cf. 6. 9. 3, 9. 1. 4, 10.42. 7,22. 1. 10,28. 18·5,28.20. 7· 39.5. serva natum : Servius' origins are veiled in darkness but the pattern of the growing legend can be disentangled. His own name is attested as early as Timaeus, and his mother's name is equally well grounded as Ocrisia (for the orthography and etymology see E. Morbach, R.E., s.v.). The early tradition is unanimous that she was a slave, by captivity rather than birth, and this could be more than mere etymological conjecture from the praenomen of her son Servius. Plutarch (Q,.R. 100) discusses the question whether the feriae servorum on the Ides of August are connected with Servius' birth from a slave woman and it is noteworthy that the foundation date of the Servian temple of Diana on the Aventine was the same day (H. J. Rose, ad loc.). It may be that a piece of genuine history has been preserved. Ocrisia was a prisoner of war from Corniculum. But his paternity is controversial. The most likely reconstruction is that his father was either unknown or soon forgotten. To enhance Servius' royal claims he was called the son of the fire-god. This was the oldest tradition (D. H. 4· 2 €V 'TaLS €7TLxwp{OtS dvaypaepaLS; Plutarch, de fort. Rom. 10). A more sceptical age, as we have shown above, recoiled from the idea of the physical paternity of the fire-god and substituted one of Tarquin's clients as Servius' actual father and turned the fire-prodigy into am~1 e halo. That we presume to have been the version of Fabius Pictor (cf. Cicero, de Rep. 2. 37; Plutarch, de fort. Rom. 10 7TEI..d.'T7)S) which was utilized by Licinius Macer here; cf. also 4. 3. 12 and Claudius, I.L.S. 212. But such a birth was too humble for the greatest of Rome's kings.

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His father must have been a king not a mere client. A royal father was fabricated for him-Servius Tullius of Corniculum or, according to a tradition known to Festus 182 L. and inspired by local patriotism, Sp. Tullius of Tibur. I take this version, which is that preferred by L. (eorum magis sententiae sum) and D.H. (4. I), to be the creation ofValerius Antias. Among other authorities de Vi,is illustr. 7, Servius, ad Aen. 2. 683 (where vericulanum should be changed by a simple metathesis to Corniculanum), and Zonaras 7. 9 derive ultimately from L., while Justin 18. 6, Val. Max. I. 6. I, and Plutarch, Q,.R. 100 content themselves with referring solely to his mother as a slave woman without further elaboration. eorum: probably only Valerius Antias. Comiculo: 38. 4 n.
the O.C.T. It was the worst that the ancients could say ofa man that he was not merely a slave or a rogue but that his parents were too (cf. Aristophanes, Eq. 336-7; Ran. 73 I ; Lysias 13. 18), and in comparing Servius with Romulus to the detriment of the former L. can hardly have failed to omit this double insult. WeissenbJrn's Servius (servus) serva natus is more than attractive because of its formal antithesis to Romulus deo prognatus deus ipse. 40.5. ex pastoribus: the circumstances of Tarquinius' assassination are a literary embellishment added in the third century on the basis of two well-known stories, the murder of Jason of Phera in 370 (Xenophon, Hell. 6. 4. 3 I), and the assassination of Clearchus, tyrant of Heraclea, by two noble youths (Justin 16. 5. 15). D.H. preserves the original form of the story, which L. has abbreviated, that two nobles, Marcii, dressed up as shepherds. quibus consueti . . . jerramentis: the construction is very odd; jerramentis has to be regarded as an abl. of accompaniment, 'with the tools they were used to' but no parallel is forthcoming. Perhaps a word has dropped out, e.g.jerramentis (armati) (G. W. Williams) or
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40. 2. tutoris: 34. 12 n. Italicae: Tarquin was half Greek, half Etruscan. 40. 3. centesimum jere annum: a round number, actually 138 years. quam: 'virtually 100 years after Romulus held the throne'. The sentence is a combination of two distinct thoughts: (I) the throne which a god once possessed is now held by a slave (quod regnum •.. id) and (2) a 100 years after a god ruled, a slave now rules at Rome, but there is no need to alter quam to quod as Drakenborch first proposed but rejected. The greatness of Rome's downfall is emphasized by the careful choice oflanguage attributed to Ancus' sons. The dignity of Romulus is conveyed by calling him deo prognatus; for prognatus, as can be seen from the remarks of E. Schwyzer, Kuhn's Zeitschrift 56 (1928), 10 ff. and Fraenkel, Horace, 82 n. 4, was an archaic and obsolete word as early as Plautus (cf. Amph. 365) which later authors such as Horace, Sat. I. 2. 70 only employed to evoke a solemn and august atmosphere. It does not occur elsewhere in L. With this is contrasted the servile obscurity of Servius Tullius. N had Servius serva natus, which is read by Cocchia and other editors or emended to servus serva natus by some of the later manuscripts and followed by most of the early editors and 160

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41. 1. clamor inde concursusque: 48. 2 n., military colouring. populi, mirantium: the plural after a singular collective noun is illustrated by Lofstedt, Syntactica, 2. 136. There is no need to delete mirantium with Novak. quid rei esset: 48. I n., 4. 44. 4 n. Cf. 5. 2 I. 7 mirantes quidnam id esset. 41. 2. paene exsanguem: 48. 4 n. Tanaquil now delivers two short speeches of widely different and sharply defined character. To Servius she speaks, like a general before battle, in rousing terms calculated to excite his courage and his enthusiasm; to the crowd she is precise and matter-of-fact, inspiring confidence by her assured command of medical platitudes (E. Dutoit, Mus. Helv. 5 (1948), 120). This easy change ofstyle aids L.'s picture of a clever and unscrupulous woman. See the assessment by A. Momigliano, Misc. Fac. Lett. Filos. Torino, 1938, 4 ff. 41. 3. si vir es: a taunt, frequent in Latin and in Greek from the Homeric av€p€c; JaTE to Cleon's jibe against the generals at Pylos El aVOp€c; €l€v, but in Latin it is too strong for refined literature and is favoured by the more excited style of letters (e.g. Cicero, ad Fam. 5. 18. I te colligas virumque praebeas; ad Att. 10. 7. 2 et al.). pessimum jacinus jecere: notice the solemn 'figura etymologica'. See Kroll on Catullus 81. 6. erige te: cf. Cicero, Q,.F. I. 3. 5 erige te et confirma si qua subeunda dimicatio erit; Seneca, Epist. 71. 6. At Cicero, Q,.F. I. I. 4 Wesenberg's supplement
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hoc . .• caput: 'this head of yours', a striking circumlocution for which Shackleton Bailey on Prop. 2. 9. 26 cites also Lucan 5. 686; Silius Italicus ro. 52; Seneca, Phoen. 204; Statius, Silvae 4. I. 2 I. It goes back to Plautus but it is more than a mere circumlocution here since Tanaquil is re-interpreting the omen which concerned only the head of Servius. expergiscere vere: Sanctius's expergiscere. Quid verere? and similar emendations obscure the force of the expression. Servius woke up literally once (39. 3): now he is really to wake up and hestir himself. qui sis, non unde: 2. 7. ro. Cf. Cicero, de Rep. 2. 6 quis et unde sit scire. It was a fundamentally Roman idea to call to mind one's family and ancestors (cf., e.g., Seneca, ad Polyb. 14.3). Here it is given a different twist. There is no basic difference between the indefinite-interrogative pronouns quis and qui; quis was the original form (cf. Gk. Tts") while the use of qui was a later development evolved to avoid sigmatism (instances of quis s- are rare. Lofstedt, Syntactica, 2. 84 lists the principal instances) and became the predominant form in vulgar Latin writers. tua . . . consilia: the word-order is remarkable and emphatic. It should be compared with Praej. 5 quae nostra tot per annos vidit aetas on which H. ]. MillIeI' collects a useful assemblage of parallels, but his explanation that it is 'mehr dichterisch' is misleading. It serves to emphasize the adjective, here tua-an effect also secured by the repeated consilia (wrongly deleted by Gruter). See Fraenkel, lktus und Akzent, 162 ff.; Horace, 152 n. I, 265 n. 3; Denniston, Greek Prose Style,

4 1 -5 8. 41. 4. ex superiore parte aedium: a strange anachronism. Primitive Roman houses and their Italic counterparts were of a simple atriumdesign without upper stories or street windows and the type ofwindow and balcony facing the street which is demanded by Tanaquil's appearance, although common in Alexandrian palaces, was an innovation of the censor C. Maenius who was consul in 338 B.C. (Festus 120 L.; see A. Boethius, Eranos 43 (1945),89 ff., and D. S. Robertson, Greek and Roman Architecture (2nd ed., 1943), 303). It is also surprising that Tarquinius should be residing near the Temple of ]uppiter Stator (12. 6 n.) which lies in the angle between the Sacra Via, Via Nova, and Clivus Palatii (see plan) rather than at the official Regia, traditionally built by Numa near the Temple of Vesta. Both details suggest that the story has been tampered with and the Hellenistic nature of the scene and the situation call to mind the similar ruse by which the death of Ptolemy Philopator was concealed for a year (204-203) by Agathocles and Sosibius (F. W. Walbank, ]EA. 22 (1936), 22 ff.) or the death of Berenice by Euergetes in 246. The

Sultana Shajar concealed the death of Sultan Ayub and succeeded in nominating Fakhr ad-Din as viceroy. The anachronism is, therefore, due to a motif from Hellenistic history being grafted on to a Roman legend which would otherwise have been bare and uncircumstantial. The device was popular. Tacitus (Annals I. 5) imitates L.'s account of the concealment of Priscus' death (cf. M. P. Charlesworth, C.R. 41 (1927),55; R. H. Martin, C.Q.49 (1955),127). The location of Tarquinius' residence near the temple of ]uppiter Stator may have been inspired by a story attached to a striking architectural feature in the area. The decisive meetings of the Senate during the Catilinarian conspiracy were held there (Cicero, in Cati!. I. I I ; 2. 12; Plutarch, Cicero 16. 3). lovis Statoris: 12.6 n. 41. 5. iubet bono animo esse: the technical vocabulary and the short staccato sentences all suggest the official medical Bulletin such as might be posted up outside a Royal Palace. bono animos es (and the indirect iubet bono animo esse) is a bare, colourless formula ofreassurance. They are the opening words with which]uppiter comforts Amphitryo in Plautus (I 131 bono animo es: adsum ego auxilio. Cf. 67 I) and are used somewhat patronizingly by Cicero in letters to Lepta (ad ~Fam. 6. 18. I) and by Appius Claudius (ro. 29. I). Their conventional character is indicated by the coincidental resemblance of 39. 13. 7 bono animo esse iubere (Sulpiciam) consul et sibi curae fore dicere ut . . . to Tacitus, Histories 4. 52 Vespasianus . .. bono esse animo iubet ... sibi pacem domumque curaefore. sopitum fuisse: 'stunned, rendered unconscious' ; a medical term. Cf. 42. 16. 3; Celsus, 4. 27a sopor tantum est. alte in corpus descendisse: cf. Celsus 5. 26. 35b altius descendit. iam ad se redisse: 'he had now recovered consciousness', the technical phrase tojudge from Horace, Epist. 2. 2. 137-8; Lucretius 4. ro23 (cf. 997). It reflects the way that Greeks and Romans always looked on loss of consciouness. .inspectum vulnus: the procedure was professionally recommended by Celsus 7. I. I. omnia salubria esse: not 'all is well', because Priscus is still far from well, but 'all the symptoms are hopeful', another specialized use (quite different from 3 I. 5) for which Drak. well compared Terence, Andria 481 - 2 • dicto audientem esse: 5. 3. 8 n., 29. 20. r I. The phrase is directly related to the concept of imperium as a study of the PIautine uses shows (G. W. Williams, Hermes 86 (1958),97 n. r: cf. Amph. 991; Miles 611), and it is suggested that it was used formally in the actual terms of the military sacramentum (Caesar, B.G. I. 39. 7, I. 40. 12). By it Tanaqui! hints, while deliberately leaving the precise constitutional status

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vague, that Tarquin's imperium is delegated to Servius as praifectus urbi (59. 12 n.: cf. iura redditurum). No mention is made of his position in the event of Tarquin's death since Tanaquil rules that possibility out of account. See, however, Mommsen, Staatsrecht, I. 662 n. 2. 41. 6. trabea: a short purple cloak of Etruscan origin. In primitive times it was standard military uniform, designed perhaps to conceal wounds (trossula; cf. Servius, ad Aen. 7. 6 I 2; Val. Max. 2. 6. 2; Isidore 19. 22. ro). There are parallels for such a uniform in Persia and Sparta. It became in consequence the ritual dress of Etruscan kings (see the mural from Caere in Ducati, Die Etruskische Malerei, fig. 4) and it is perfectly credible that Priscus introduced it into Rome as part of his regalia. Certainly after the expulsion of the kings it survived as ritual wear for magistrates who inherited regal prerogatives. It was worn by consuls declaring wars (Servius, loco cit.; Bell. Afr. 57. 4-6), by the Salii (D.H. 2. 70.2), by the augurs, and by the flamines of Juppiter and Mars (Servius, ad Aen. 7. 190). But it also survived as a dress uniform for the equites, even though its use had long been superseded by armour. It was worn not only at the ceremony of Transvectio in July (D.H. 2.70.2-3) but on other state occasions such as the funeral ofGermanicus in 19 A.D. (Tabula Hebana = Ehrenberg and Jones, Documents2 , no. 94a. 59). Fully discussed and illustrated by A. Alfoldi, Der Friihromische Reiteradel, 1952, 36-53, with bibliography. sede regia: 20. 2 n. praesidio: 'bodyguard'. 41. 7. the manuscripts have iam tum cum comprensis sceleris mzmstris ut vivere regem ... nuntiatum est where cum or ut is redundant. Either could be accounted for by dittography but Livian usage seems constant: ubi (2.13· 7,2.40 .3,3. 2. 7,4. 9· 13,5· 7· 4),postquam (3· 17. I, 4· 50. 6, 5· 39· 5) or ut (5. 23· I) nuntiatum est but cum nuntiatum esset (e.g. 4. 39. 7)· Delete cum. Heerwagen's cum comprensi sceleris ministri sunt, ut is clumsy and the cum-clause is still wrong. Suessam Pometiam: originally called Pometia (the addition of Suessa seems to b~ an Annalist error), a Latin city which may have given its name to the Pontine marshes (cf. A. Rosenberg, Hermes 54 (1919), 154 ff.; Beloch, Rom. Gesch. 357. I; Philipp, R.E., 'Suessa Pometia'; Hofmann, R.E., Suppl. 8, 'Pomptinae paludes') but which lay to the north of the marshes on the borders of the Latin and Volscian spheres. Strabo (5. 232) said that it lay between the Via Appia and Via Latina which rules out the usual identification with Cisterna. Its absence from the early Alban league, its membership of the Arician league (Cato fro 58 P.), and its proximity to the Volsci point to a site south of the Alban hills overlooking the marshes. Important early cemeteries have been found at Caracupo which suit the requirements (Notiz.

Scavi, 1903,289 ff.). For its late history see 53. 2, 55. 7 n., 2. 16.8 n., 2.22.2. It lived and died like any other border town and had vanished by Pliny's time. exsulatum: 2. 35. 5 n. The term is used loosely here. There is no hint of criminal proceedings against them.

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42. 1. duas filias: see note on ch. 46. 42.2. rupitfati necessitatem: the resemblance with Virgil, Aeneid 6. 882-3 si qua fata aspera rumpas, tu Marcellus eris has often been noticed by commentators both ofL. and of Virgil (cf. Norden's note), and Stacey adducing also Lucr. 2. 254 fati foedera rumpat maintained that all three authors derived the sentiment and the expression from Ennius. Elsewhere reminiscences of Ennius in L. have a dramatic purpose, generally to characterize a speaker by giving him poetic and archaic diction. Here the words serve no such purpose and it is perhaps preferable to take them as a commonplace of Stoicism (cf. 8. 7. 8) of the conventional kind which coloured the whole of Roman historiography (Kajanto, God and Fate in Livy, 56-58; cf. Walsh, A.J.P. 79 (1958), 362). L.'s words are casual and designed merely to foreshadow the tragedy of Servius Tullius. quin: as if non potuit fieri had preceded. indutiae exierant: no truce has been mentioned before (but see 30. 7) nor does L. mention any war with Veii under Tarquinius Priscus. The last war was in 33. 9 (n.). D.H. 3. 57 does, however, relate such a war and it is possible that L. knew of it and suppressed it, for artistic reasons, in 37. 2, but it is more likely that his source (Licinius Macer) for the reign of Tarquinius Priscus did not contain it and that L. has now changed to a new source, Valerius Antias. 42.3. et virtus etfortuna: 5. 34. 2 n., 1. 7· 15. 42. 4. Numa: 32. 5 n. famaferrent: an Augustan usage, cf. 23. 31. 13,34. 36. 4; Virgil, Georg. 3. 47, Aeneid 7. 765; Tacitus, Ann. 16. 2. 42. 5. hunc ordinem: 'this arrangement which follows'. Contrast the meaning of 43. 12 n. descripsit: so the manuscripts, but describo and discribo are so constantly confused (19. 6 n.) that it seems safest to accept discribo when the notion of distribution or division predominates, but in other places to read describo as here and in Cicero, de Rep. 4. 2 ordines descripti, aetates, classes. vel paci decorum vel bello: it is hard to be happy about this phrase. Peerlkamp in his note on Horace Odes I. I. 2 and A. E. Housman in the margin of his copy of Livy both drew attention to the Latin cliche, 'an ornament for peace and defence for war' (paci deem, bello praesidium). Thus Maecenas is addressed 0 et praesidium et dulce decus 165

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meum. Peerlkamp compared Sallust, Jug. 19. I pars . .. praesidio, aliae decori Juere; Tacitus, Germania 13. 4; Lucretius 2. 643; Pliny, Paneg. 14.3. In view of this word-pattern it is not easy to accept Boot's suggestion (Mnemosyne 17 (1889), I ff.) that decorum = aptum here, but, rather than conjecture that some word has fallen out after bello, we may perhaps notice that there is no adjective corresponding to praesidium as decorum corresponds to decus and so believe that while L. was indeed evoking the cliche he could not reproduce it exactly. The Servian Constitution On all general matters see Walbank, Commentary on Polybius, I. 683-7 with bibliography; the latest treatment is by E. Friezer, de Grdening van Servius Tullius (Amsterdam 1957); see also the summary by P. A. Brunt, J.R.S. 51 (1961),81. A radical reinterpretation of the crucial passage of Cicero's de Republica advanced by Sumner (A.J.P. 81 (1960), 136-56) is confuted by L. R. Taylor (A.J.P. 82 (1961 ), 337 and Staveley (Historia I I (1962),299-314). It is intended here only to deal with points which specifically concern the narrative in L. L. purports to give the actual details ofServius' innovations. While the broad outline ofi t makes historical sense, the minutiae are evidently spurious. It has been demonstrated by H. Last (J.R.S. 35 (1945), 30-48) that a change in the basis of citizenship from qualifications of birth to qualifications of wealth and domicile was in line with the social conditions of Rome in the sixth century and was demanded by her increasing military commitments. The Servian reforms are, in effect, the counterpart of the Cleisthenic reforms at Athens. Their purpose was military rather than political but, as also at Athens, the political opportunities were soon exploited, at all events before 450. The main tradition of the Servian Constitution may well be accepted. But it would require great faith to believe that the document which is reproduced by L. (43. 1-9) gives the authentic terms of the reforms or that L. is really drawing on regal evidence (E. S. Staveley, A.J.P. 72 (1953), 1-33; F. C. Bourne, Class. Weekly, 1952, 134). The Constitution organizes the community for military service into divisions (classes), based on wealth (not merely land), and sub-divisions (centuries). There is also a cross-division by tribes based on domicile. The fact that wealth is estimated in terms of money is significant. The assessment of the first class is 100,000 aeris. Now it may well be that the qualification of the first class in the early part of the second century was 100,000 sextantal asses (10,000 dr. in Polybius 6. 23. 15) and that the same limit was defined in the Lex Voconia of 169 B.C. (pace AuI. GelI. 6. 13). At a later date it was raised to the equivalent of 250,000 sextantal asses = 100,000 H.S., the figure applying in the last years of

the Republic (Mommsen, Rom. Munz. 302, 303 n. 40; Walbank on Polybius loco cit.), perhaps by the simple expedient of keeping the original qualification of 100,000 aeris but reinterpreting aeris as sesterces instead of sextantal asses (c. 89 B.C.; see H. Mattingly, J.R.S. 27 (1937), 105-6). Since the introduction of the sextantal as cannot itself be placed much earlier than the end of the Second Punic War, the qualification of 100,000 sextantal asses cannot go back much beyond the Lex Voconia and the period when Polybius is writing, certainly not to the regal times if the first Roman coinage is no earlier than 269 B.C. (H. Mattingly, J.R.S. 35 (1945), 65-77). Any regal assessments would be in terms of cattle (id., Num. Chron. 3 (1943), 21-39; 4. 30. 3 n.). In other words L.'s figure for the first class (and it agrees with D.H. 4. 16: 100 minae = 10,000 dr. = 100,000 sextantal asses) is the same as that given by Polybius 6. 23. 15 for the first class in his own day, which prevailed from c. 200 to c. 89 B.C. This element at least in the Constitution must b~ an anachronistic reconstruction. But we can detect a second pious fraud. The armour which is allotted to the different classes is neither the official second-century Roman issue nor can it have been the equipment of regal times. The classical Roman army, based on manipular formation, was developed from an earlier hoplite force, familiar also in Etruria and Greece, which had itself replaced an older 'heroic' organization. The characteristic weapons of the most ancient warfare were the long body-shield and the throwing spear. The change to hoplite tactics which involved the adoption of the round shield (clipeus) fastened to the forearm and the sword were made in Greece C. 675 B.C. at the latest and had spread to Etruria and Rome by the end of the century. A tomb from the Esquiline dated C. 600 B.C. contains remains ofa bronze clipeus. The subsequent modification of the hoplite method which replaced the clipeus by the scutum and introduced the pilum is less certainly dated, but may have been the work of Camillus in the decade of the siege of Veii (c. 400 B.C.; but see 8. 8. 6-7; Maule and Smith, Votive Religion at Caere, 20-28). It looks as if an antiquarian reconstruction has been made by a scholar who knew that the Servian army cannot have been manipular. During the second century such an antiquarian would have turned for clues either to archaic monuments such as the statue in the temple of Fortuna burnt in 213 B.C. (D.H. 4.30) but restored until a final destruction in October A.D. 31 (Pliny, N.H. 8. 197) or the statue of Aeneas describ~d by Varro ap. Lydus, de Mag. I. 13, or to ritual survivals like the parade of the equites and the Salii. This primitive military priesthood was a suggestive model because, like the centuriate organization, it was divided into seniores and iuniores (Servius, ad Aen. 8. 285 tum Salii ... adsunt ... hic iuvenum chorus, ille senum; Diomed., p. 476 K.; Wissowa, Religion, 555 n. 4) which

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could be used as evidence that the Salii were the relics of the Servian system. The details of the equipment of the Salii have been assembled by Helbig (Mem. de l'Instit. 27 (1904), 205 ff.) and they correspond exactly to the armour of the first class as listed by L. The armour, like the census figures, is an intelligent reconstruction by a secondcentury writer who with some knowledge of the past (43. I n. octoginta) did not have access to primitive material. He incorporated his knowledge and his conjectures into the form of a document which then passed into the hands of the historians. D.H. and L. give so similar a version that ultimately they must be derived from the same source. Where they differ, L. is usually at fault either through carelessness or misapprehension.

been archaic even then, but it was consciously revived by the historians (Bell. Ajr. and Sallust) who use it chiefly to join a pronoun and a noun (Jug. 26. I seque et oppidum; cf. Tacitus, Agr. 42 seque et delatores). The usage widened as it was increasingly accepted as an ingredient ofhistorical style (2. 59. 7,4. 53· 12,5· 49· 1,51. 3; VeIl. Pat.; Curtius; in elevated passages of Virgil and Tibullus). Here it gives a touch of historical verisimilitude to the document. Stolz-Schmalz, Lat. Gramm.

1.

43

1.43.2

343·

43. 1. octoginta: so also D.H. With this size for the first class it would be possible to secure a majority of the whole assembly without recourse to the second: (80+ 18+2) X 2 = 200. Cicero (de Rep. 2. 39) describes a system of 193 centuries in which the first class had only 70 centuries and I ofjabri, and says that a majority could be obtained without the whole of the second class being called. Cicero must be describing a reformed assembly (after 241 when the last of the tribes was added) in which the 35 tribes were co-ordinated with the centuries in some way (43. 13 n.) unless he is merely reproducing a variant reconstruction ofthe Constitution made by a rival antiquarian in the second century. In support of the authenticity of L.'s figure of 80 centuries for the first class in the earlier unreformed assembly it might also be urged that on his reckoning the number of centuries of iuniores in the first three classes amounts to 60 (40 + 10+ 10) which was the number of centuries in the earliest Roman legion, the light-armed troops being provided by the fourth and fifth class (P. Fraccaro, Atti del 20 Congresso Nat. di Studi Romani, 3 (1931),91 ff.; Riv. Fit. II (1933), 289 ff.; H. Last, J.R.S. 35 (1945), 42-44). iuniorum ac seniorum: the dividing-line was 46 according to Tubero ap. Aul. Gell. 10.28. Cf. Polybius 6. 19. 2; Cicero, de Senect. 60. 43. 2. galea: a crestless helmet of wolf's skin. Cf. Walbank on Polybius 6. 22. 3. clipeum: a round bronze shield, replaced in historical times by the scutum but the name remained in general parlance. Cf. 8. 8. 3; Walbank on Polybius 6. 23. 2. ocreae: greaves were obsolete by the end of the second century. Cf. Lammert, R.E., 'ocreae'; Walbank on Polybius 6. 23. 8. lorica: a chain breast-plate. Cf. P. Couissin, Les armes Romaines, 1926, 157 ff.; Walbank on Polybius 6.23· 15. hastaque et gladius: in apposition to tela. -que et is not found in Cicero, Caesar, Nepos, or Horace. It is rare in early Latin and may have

43. 3. duae jabrum: attributed by D.H., probably correctly, to the second class, not to the first. Cicero cites one century ofjabri which he attaches to the first class, but by calling them tignarii he implies the existence ofjabri aerarii, presumably included in the second class. machinas in bello jerrent: 'to carry the siege-equipment in war'. The phrase seems to be guaranteed against correction by 27. 15.6 machinas scalasque ad murosjerrent but the task seems too menial for members of the first (or even the second) class. D.H. 4. 17.3 has KaTaUK€Va~6vTwv TO. €LS TOV 7T6A€f-LOV €VXPYJuTa which lends support to Ruperti's pararent, the best of the conjectures if it be agreed that Lipsius'sjacerent (cf. Xenophon, Cyrop.6. I. 21 fLYJxavYJv ••. 7ToLYJuafL€vos) would give rise to an unexampled and intolerable repetition. We should perhaps understand that the actual porterage would be done by common people while the jabri supervised. Alternatively jerrent might stand for suppeditarent ('supply'): so W. M. Gunn, but there are no parallels. 43. 5. tertia classis in quinquaginta milium censum: so the manuscripts. L. should give the minimum qualification (cf. D.H. 01; fL€LOVa Ol fLvWV 7T€VT~KOVTa) but in would provide an upper not a lower limit and is thus unacceptable. The vulgate correction, which stems from Sobius, is tertiae classis [in] but the double genitive after census is harsh and not really supported by passages like 10. 36. 14,37.23. 5. Besides. L. does not say the census of a class since the census is itself what determines the class. in tertia classe (Rhenanus, Frigell), a correction which involves one small change ofletter and word-order, would provide the required sense (d. below in quarta classe). et hae: 'these centuries as well (as the centuries of the second class)'. 43. 6. arma mutata: the third and fourth classes supply light-armed troops and skirmishers; cf. D.H. 4. 18. I TO 7T€~LKOV JK7TAYJpovua TWV T€ q,aAayyLTwv Kat TWV l{JLAWV uTparwfLa. Doubtless this was true even before the legion was reorganized for manipular warfare, despite the statement in 26. 4. 10 that velites in 2 I I for the first time were drafted in the legions. There survived down to the end of the second century (Lucilius 290, 393 M.) a tradition of an older bCldy oflight-armed troops called rorarii and the introduction of the velites is perhaps only a

168

169

SER VIUS TULLIUS

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development of the rorarii under a new name (Walbank on Polybius 6. 21. 7; F. Lammert, R.E., 'veles'). verutum: a short throwing spear, somewhat smaller than the hasta (velitaris). D.H. 4. 17. 1 speaks only of 86pam but adds that the fourth class had swords (ti7J) and shields (()VpEOVS) as well. D.H. is likely to have recorded the tradition more faithfully since Polybius gives the same equipment for the velites of historical times (6. 22. 1 p.-axatpav Kat yp6aovs Kat 7Tapp.-7Jv: cf. L. 38. 2 I. 13, 26. 4. 4). L. may merely have overlooked the other items but nihil praeter suggests that he is drawing attention to their surprising lack of arms, in which case the shortage will be the fault of his source. At all events the text is sound (hastam et scutum Lallemand; gladium, scutum, hastam et verutum anon.). 43.7. fundas lapidesque: D.H. 4. 17.2 aawia Kat aEv86vas. in his accensi cornicines tubicinesque in tres centurias distributi: so the manuscripts. The account which follows owes much to the interpretations ofP. Fraccaro (Opuscula, 2. 315) and Sumner. D.H. 4· 17· 3-4 has two centuries of aal..7TLaTai TE Kat (3vKavtaTai, allocated to the fourth class, a more probable arrangement since their function would primarily have been to keep contact between the scattered detachments of light-armed troops. L. also appears to mention a third century which has no counterpart in D.H. Grammatically accensi could either be a participle to be taken with cornicines tubicinesque ('buglers and trumpeters, added to the members of the fifth class, were spread over three centuries') or as a noun. The participial construction requires the deletion of in (Perizonius; ef. Lactantius, [nst. 2. 9. 5 oriens deo adcensetur; carm. anon. poet. min. 5. I09. 5 B. but the ambiguity of accensi (cf. 2. 54. 7) would be intolerable) and the irrationality that two groups of musicians should fill three centuries has led editors since Sigonius to emend tres to duas or in tres to inter. As a noun accensi could grammatically have cornicines tubicinesque in apposition ('accensi, that is buglers and trumpeters') but there is evidence for a body of men, distinct from the musicians, who were called accensi and who performed odd jobs in the army, taking the place of dead men (Paulus Festus 17 L.; Vegetius, Mil. 2. 19; Varro ap. Non. 837 L.) or in association with light-armed troops carrying out general duties (evidence in Marquardt, Manuel (1891), 1I. 15-16; Mommsen, Staatsrecht, 3. 282) or acting as attendants on officers. Hence they are also known as accensi velati (C.I.L. 6. 1969 et al.). Cicero's account of the reformed system (de Rep. 2. 40) after an analysis of the disproportionate power enjoyed by the first class breaks off with the words quin etiam accensis velatis

musicians. The only objection to such an interpretation, other than a mistaken desire to bring the texts of L. and D.H. into line, is a lingering heresy, first propounded by Madvig (Emendationes, 82) that L. never closes an enumeration of more than two members with et or-que (A, B, etC). That heresy can no longer be maintained (3. I. 5 n.). L. therefore gives three centuries of accensi, cornicines, and tubicines. It is not immediately clear from the language (in his . .• could mean 'in these thirty centuries' or 'in the members of this class') whether the three are part ofthe thirty centuries of the fourth class or additional to them. Probably additional, in view of the supernumerary character of.the fabri. In either case the total number of centuries, 191 (so Fnezer) or 194 (Mommsen, Staatsrecht, 3. 282 n. 1), will be different from that given by D.H. for the same constitution and by Cicero for the reformed system, both of whom postulate a total of 193 voting units. This is a fact which deserves to be emphasized in the light of 43. 12 . undecim: D.H. 4. 17. 2 EVTOS ELKOat Kat mfvTE p.-VWv axpt 8ciJ8 EKa Kat ~p.-iaovs p.-vwv =25,000-12,500, but the division by half looks overschematic and L.'s figure may be right. By the middle of the second c?ntury the minimum qualification had been reduced to 4,000 (PolyblUs 6. 19. 2) and towards the end of the Republic (perhaps b~tween 130 and 125 from the evidence of the large jump in census figures which occurred within that period) to 1,500 (Cicero, de Rep. 2. 40; Au!. Gel!. 16. IO. 10), presumably to facilitate recruitment. 11,000 sextantal asses might have b~en the minimum for the fifth class at the end of the Second Punic War. See, with reservations on chronology, E. Gabba, Athenaeum 27 (1949), 173 ff.

I.

43.6

I.

43· 7

proletariis . . . which, whether they be restored as liticinibus cornicinibus (Mai) or simply cornicinibus (Ziegler), would definitely seem to presuppose a special century of accensi velati as well as centuries of

The Cavalry 43. 8. ex primoribus civitatis: 5. 7.5 n. There is no hint that they had a higher qualification. 43. ~. sex • . '. alias centurias: 36. 8 n., the Sex Suffragia or six preServIan centunes of cavalry. The distinction between them and the twelve Servian centuries may originally have been one of birth, the Sex Suffragia being exclusively patrician (Hill, Roman Middle Classes, 211). If so, it was Soon obliterated and by the end of the Republic there remained only a distinction of title. ab Romulo: 13. 8 n. nominibus: i.e. Ramnenses, Titienses, Luceres. de~a milia: the aes equestre for the purchase of the horse (s). Varro, de Lmg. Lat. 8. 71 equum publicum . .. mille assariorum agrees with L.'s figure since the assarius, despite its etymology which suggests the Greek aaaapwv or as, is said by a late gloss to be equivalent in value to and may b~ an easy name for a denarius of IO asses. Since the IO-as

17°

17 1

corni

(i~icinib.

1.43.9

SERVIUS TULLIUS

denarius was not introduced till c. 187 (H. Mattingly and E. S. G. Robinson, P.E.A. 18 (1933), 21 Iff.), L.'s figure for the aes equestre, like his census qualifications, may mirror the figures in force at the end of the Punic War. 1,000 den. is a large sum and it has been argued that the knight had to pay for the horses and a groom out of it. Since, however, prices for horses are otherwise unknown except for a Hyperion-class stallion which cost 400,000 H.S. = 100,000 den. (Varro, de Re Rust. 2. 8. 3; Mommsen, Staatsrecht, 3. 257 n. 6), the issue cannot be resolved. See further Hill, Roman Middle Class, 11-12 with bibliography; T. Frank, Econ. Survey, I. 195; W. Helbig, Sur l' aes pararium in Melanges Eoissier (Paris, 190 3). ex publico: it was one of Camillus' first acts as censor to make orphans and not the state responsible for the purchase of horses (Plutarch, Camillus 2; Mommsen, Staatsrecht, 3· 257)· bina milia: known as the aes hordearium. Cicero (de Rep. 2. 36 ) associates its introduction with Tarquinius Priscus but this is a later rationalization b:lsed on Priscus' connexion with Corinth where a corresponding practice prevailed (cf. also for Athens Xenophon, Hipparch. 9. 5). The practice survived for a long time, for Gaius (Instil. 4. 27) says that the cavalry had the right of distraint (pignoris capio) if the money was not forthcoming (Hill, A.J.P. 67 (194 6), 60 ff.). The figure of 2,000 is not otherwise corroborated but it may be connected with the figure for the pay of the cavalry in the mid second century which Polybius (6. 39.12) gives as I dr. = I den. a day, out of which they had to find fodder and equipment, an annual pay of 360 den. if, as waS the case in A.D. 14, the military year was reckoned as 360 days. Shortly after Polybius' lifetime the sextantal as was retariffed at 16 instead of 10 to the denarius, but a curious note in Pliny, N.H. 33. 45 (in militari tamen stipendio semper denarius pro X assibus datus est) points to a hidebound military conservatism which preserved the old rate of exchange (d. P. A. Brunt, P.E.S.R. 18 (195 0 ), 51). 3,600 = 2,250 X 16/10 asses. In other words the old cavalry pay is likely to have b:;en 2,250 asses a year, reassessed at the equivalent of 360 den. and it is this figure of 2,250 which is the inspiration for the amount of the aes hordearium.

SER VIUS TULLIU S

I.

43.

10

The Political Development if the Comitia A political function was not integral to the Servian constitution but, perhaps at the fall of the Monarchy (60. 4 n.), the system devised in the first place for the registration of citizens for recruitment was found suitable to express the will of the new democracy. It was undoubtedly in operation by the Decemvirate and the political aspect soon completely ousted the military even if 'in fully historical times it still bore many marks of being essentially an army. It met outside the Pomerium

(Laelius Felix ap. AuI. Gel!. 15.27.5); to summon it was called "imperare" or "convocare exercitum" (Varro, de Ling. Lat. 6. 88; 93) ; the assembly itself was described as "exercitus urbanus" (ib. 93)' (Last, J.R.S. 35 (1945), 35)· 43. 10. neque exclusus: there was special provision in a separate century which voted last and was called ni quis scivit for anyone who had missed voting in his proper century (Pap. Ox. 2088 (Fenestella); Festus 184 L.). L. is not referring specifically to this. His meaning is simply that everyone had a vote. 43. 11. primi: 5. 18. I n. In later times the voting was initiated by one special century (praerogativa) chosen by lot from the first class. Here it is implied that the privilege of voting first belonged to the equites, and elsewhere in L. (5. 18. I; 10. 22. I) the first voters are called praerogativae (in the plural), apparently comprising the centuries of equites (so also D.H.). The procedural change may belong to the third century of the Assembly. See Mommsen, Staatsrecht, 3. 290 n. 3 ; Hill, Roman Middle Class, 14, 40; and, for an increase of the praerogativa under the early Empire as implied by the Tabula Heb:ma, G. Tibiletti, Principe e Magistrati Repubblicani (1953), 5 I. primae classis centuriae primum peditum vocabantur: so the archetype. Objection has been taken to the last three words, in the first instance by Sigonius, Gruter, and ]. F. Gronovius, on the grounds that the repetition of vocabantur is intolerable (but see the examples of repeated verbs in Frigell, Epilegomena, 64), that primum is unintelligible, and that peditum is out of place since the centuries, other than the 18 centuries of equites, did not retain their military character in their political functions. Of these arguments only the second has any strength. The comitia centuriata was felt to be a military organization even down to the end ofthe Republic (see above) and Varro, de Ling. Lat. 6.86 preserves the cry of the herald summoning the people to the censor 'omnes Quirites, pedites armatos privatosque, curatores omnium tribuum which, whatever misgivings may b:; entertained about the reading armatos, agrees in general with 44. I and shows that peditum is apposite here too. primum, however, cannot be defended and should be deleted as a dittography from peditum (so early editors and Frigell). ibi si variaret: the manuscripts agree in reading ibi si variaret, quod raro incidebat, ut secundae classis vocarentur nec fere unquam infta ita descenderent ut ad infimos pervenirent. A main verb is lacking to govern the first ut-clause vocarentur ... descenderent (quod raro incidebat is always a self-contained parenthesis; ef. quod raro fit). Two lines of approach present themselves. (I) Delete ut and vocarentur, putting a strong stop after seeundae classis and reading descenderunt. This is the remedy first prescribed by the Ed. Princeps and adopted by most editors including the O.C.T. and, with a minor variation, Cocchia. It is open to objection

17 2

173

SERVIUS TULLIUS

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that with two imperfects (vocabantur) an aorist (descenderunt) is out of keeping and that the subjunctives offered by the manuscripts support one another. (2) Supply a main verb. Novak proposed
generally, the comitia would consist of some 373 centuries in all (Pantagathus; de Sanctis, Storia, 3. I. 363 ff.), 70 centuries in each of the five classes plus equites and supernumeraries. But for actual voting purposes it is evident that there were only 193 group-votes cast (the same number as that given by D.H. for the Servian system). Mommsen (Staatsrecht, 3. 270 ff.), followed by modern authorities (Walbank, Staveley), accounts for this discrepancy by supposing that the 280 centuries of iuniores and seniores in the other four classes were, for voting purposes, amalgamated into groups of two or three on a principle analogous to that found in the Tabula Hebana. This explanation would undoubtedly give meaning to L.'s phrase hunc ordinem ad summam non convenire; 373 is not the number given by L. for the total ofServian centuries, but it is important to note that 193 is not either. The total number of centuries according to L.'s account is 191, or, more probably, 194 (43. 7 n.) and much paper and ink might have been saved by realizing that L. is saying no more than this: 'there are now 193 centuries. Servius instituted 194. The discrepancy must be due to the fact that when the centuries and tribes were coordinated, the first class was reduced to 70 centuries and the others to corresponding figures with attendant readjustments so that the total became 193.' From this it follows that L. does not provide support for Pantagathus's theory of 373 centuries under the reformed system unless duplicato earum numero is taken to apply throughout all five classes and not merely (as the reduction in number from 80 to 70 would favour) to the first class alone. 43. 13. quadrifariam: 2. 21. 7 n. The tradition that Servius created four urban tribes to take the place of the three Romulean tribes based on race goes back at least to Fabius Pictor (fr. 9 P.). Since the names of these urban trib~s (Sucusana, Esquilina, Collina, Palatina, ef. Varro, de Ling. Lat. 5. 56; Festus 506 L.; Pliny N.H. 18. 13; D.H. 4. 14) are the names of hills, we may believe that Servius intended to replace birth by residence (not the ownership of property) as a qualification for citizenship, as Cleisthenes did at Athens, in order to include within the citizen-body the large number of aliens who had come to live in Rome as merchants and traders, and that the tradition is historical. Fact and tradition, however, also agree that more than four hills were inhabited at this time (44. 3 n.) and it would therefore have been untrue to say that the city was divided into four parts on the basis of the hills that were inhabited. It would be correct to say that the city was divided into four regions which took their identity from the principal hills in each. The manuscripts read regionibusque collibus qui habitabantur (M71") , where the common misplacing of -que is rightly emended by ,\ to regionibus collibusque. .•. Both nouns are required to convey the full sense and the deletion of regionibus as a gloss (first

174

175

I.

43.

II

I.

43.12

SERVIUS TULLIUS

SER VIUS TULLIUS

proposed by Hertz and accepted by Mommsen (Staatsrecht, 3. 163 n. I), Winkler, and the O.C.T.) is indefensible on every front. L. omits any reference to the institution of the rural, as opposed to the urban, tribes, which is fully treated by D.H. drawing on Varro. For the latest discussion of all matters concerning the tribes see L. R. Taylor, Voting Districts, 2 ff. tribus ..• ab tributo: Varro, de Ling. Lat. 5. 181, with greater plausibility gives a diametrically opposite etymology: dictum a tribubus quod ea pecunia quae populo imperata erat tributim a singulis pro portione census exigebatur. Both etymologies result from an antiquarian fashion current in the last years of the Republic. In default of literary evidence, the study of obscure ceremonies and terms was the only method by which scholars could reconstruct early history. L. subscrib~s to the fashion (see below lustrum condere, pomerium). tribus is cognate with the Umbrian trifu. Both are derived from a root tri- ('a third'). Three was the number of divisions in several communities (Ramnes, Tities, Luceres; the three Dorian tribes). Gradually tribus lost its numerical quality and came to mean simply a 'division', whether based on regional or racial criteria. Hence tribuo = 'I divide', tributum = 'that which is divided' (E. Taubler, Sit::. Heidel. Akad. I 92g-30 ; S. ScWossmann, Arch. Lat. Lex. 14 (1905), 25-40; Ernout-Meillet, WaldeHofmann s.v.). neque eae: amplifies what has already been implied, that co-ordination between tribes and centuries was not part of the original organization but was a subsequent reform.

4~. 2. su.ovetaurilibus: 28. I n., an adult (s. maiora) or suckling ~s. '}'llnora) pig, shee~, and bull (Festus 372 L.). The ceremony is found III several conneXIOns but, whether to purify a body of people, a city, or an estate, the ritual was basically the same. The victims were led in procession round the object to be purified and then sacrificed to Mars; the guardian against plague and pollution. Cato, de Re Rust. 14 1 , desc.r~bes. the Ambarvalia: agrum lustrare sic oportet . . . impera suovitaurzlza clrcumagi: 'Mars pater, eiusdem rei ergo macte hisce suovitaurilibus lactan~ibus esto'. The Acta of the Fratres Arvales preserve a similar invocatIon of Mars and similar suovetaurilia offered as a purification (Henzen 143). The ceremony at the end of the census is therefore very old. Mars is invoked not in his subsequent capacit; as God of War but as a tutelary deity to ward off pollution from the newly assembled citizen-body. conditum lustrum: the census lustratio was in general similar to the lustratio exercitus performed for particular armies on particular occasions (cf., e.g., 23. 35. 5, 38.12.2,37.8) but was distinguished from it by the use of the term lustrum condere which denoted an act peculiar to the census lustratio. Graphic representations of the ceremony and analogies from the Iguvine Tables (I B 11-13; VI B 49-51) suggest that lustrum condere may refer to the ritual preparation of fire-the most potent of all p~rifying agents-rather than, as it is commonly understood, to the disposal by burial of part of the sacrifice. lustrum is derived from ";TU and means 'that which looses' (cf.jlustrum fromjluo) and condere should mean 'to assemble or put together'. The importance attached to the proper acquisition of fire is evidenced also in the annual rekindling of the flame of Vesta (Festus 94 L.) or in the Catholic rite of the Easter Vigil and it is natural to derive censor from *cenderi ('the kindleI"). lustrum then came to mean generally 'purification'; hence the less technical expressions 'lustrum mittere' and 'lustrum facere' and the verb 'lustro' with the noun 'lustratio'. For a detailed discussion of the e~idence with illustrations see ].R.S. 51 (19 61 ),3 1-39. L.'s explanatIOn, that the purifying procession with the suovetaurilia was called 'lustrum conditum' because it marked the end of the census appears to understand conditum as 'closed' or 'finished'. ' milia octoginta: D.H. 4. 22. 2 says 84,700; Eutropius I. 7, 83,000. Unless the text is corrupt, L. gives a round figure to the nearest 10,000. All three must ultimately derive from the same total which Fabius Pictor took from the official lists (KaTaypa~at) although L. is unlikely to have consulted Fabius direct. A number of census figures are preserved for the third century (Livy, Ep. 16, 18, 19, 20; 27. 36. 7, 29· 37. 5-6) which agree well with figures supplied by Polybius (2. 24 with Walbank's note) for 225. In all cases the figures appear to come from authentic documents and to include all adult male citizens other than

I.

43. 13

44. 1. cum viru:ulorum minis mortisque: other authorities (D.H. 4. 15. 6; Cicero, pro Caec. 99; Zonaras 7. 19; Gaius, Instit. I. 160) are unanimous that the penalty in historical times if a man did not register was to be sold into slavery and have his goods confiscated. It has been argued that L. 's sanctions might have been true of the Regal period (= diis sacrum esse; Pfaff, R.E., 'incensus') and a parallel has been sought in the Oscan Law of Bantia which contains a sanction for failing to register. Unfortunately the Oscan word lamatir is quite uncertain in meaning ('sold' Biicheler, 'killed' Bach, 'tortured' Pisani, 'accursed' E. Fraenkel: see Philologus 97 (1948), 174). L. may have been carried away in his enthusiasm. in viru:ula duci is a favourite picture of his (2. 4. 7, 3· 13· 4, 6, 3· 56-59 passim, 4· 26. 9, 5· 9· 4). He had no technical details in front of him but, knowing the penalty to be severe, he invented one ad hoc. campo Martio: 2. 5. 2 n. An anachronism since at this period the Campus was not so called but such a natural anticipation is not likely to betray a difference of source or conceal a corruption (Tan. Faber deleted Martio). For the connexion with Mars see next note. 17 6

814432

I.

44.

N

2

SERVIUS TULLIUS

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the capite censi rather than all men actually under arms or in the se:ren teen to forty-six age-group (Mommsen, Rom. Forsch. 2. 4 01 ). SI~ce Fabius had access to the official lists, the figures for the early penod (3.3. 9: I04,7I4 (465) ; 3· 24· IO: II 7,3 19 (459)) will be documentary too for there is no reason why the records should have been destroyed. Th~ census lists were kept in old censorial families (D.H. I. 74· 5), later in the Atrium Libertatis (43. 16. 13), and ultimately in the Aedes N ympharum (Cicero, pro Milone 73). But although the fifth-centu:y totals when compared with those of the third century (29 2,234 m 265) and considered in the light of the size of the a!J.e~,Romanus at :hat time (Bernardi, Athenaeum 30 (1952), 19 ff.; ClenCl s comput~tlOns (Economia e Finanza, 385 ff.), th~t the fifth-ce~tury figures gIve a density of 50-90 per square km. mstead of a vIable 10-30 , are too rigorous) are just credible, 84,000 seems inconceivab~y large for t~e male population of Rome before the expulsion of the ~mgs. Per~aps It was the number which Fabius found at the top of the hst and whICh he inevitably assumed to be Servian whereas in fact. it probab~y be~o~gs to c. 47 0 . See the discussion by Walbank on PolyblUs 2.24 wIth bIbhography; add F. C. Bourne, Class. Weekfy, 195 2, 134; T. Frank, A.J.P.

auget Esquilias: the Esquiline comprises the appian and Cispian hills both of which belonged to the first stage of syncecism, the Septimontium, and are mentioned in the very ancient sacra Argeorum (Varro, de Ling, Lat. 5. 50). But the name Esquilinus (from ex-colo 'outdweller'. Cf. inquilinus) coupled with the tradition of Sabine occupation and the marked resemblance of tom b3 to those found on the Quirinal (Gjerstad, op. cit. 149-265) make it likely that the settlement was originally distinct from the Palatine community. What had begun as a loose association between the separate communities of the Esquiline and Palatine before Servius was evidently formalized by him and combined with the inclusion of the Quirinal and Viminal. L. writes auget Esquilias (the a.C.T. reading has no manuscript authority). By itself this cannot mean 'he increased the city by adding the Esq.', which would be auget (urbem) Esquiliis (Gronovius, Madvig, Frigell), but it is clear that such was in effect the result hewas regarded as having achieved (D.H. 4. 13.2-3) and so Eutropius and the author of the de Viris lllustr. understood L. to say. L.'s phrase must mean that the Esquiline was already part of the city and that Servius merely added to its extent, but it may well abbreviate a fuller account in his source which dealt with the fusion of tlre appian, Cispian, and other local communities into a single more embracing unit-Esquiliae-in the enlarged syncecism of Rome. aggere et fossis et muro; the existing 'Servian' wall is of the fourth century (evidence in Saftund, Le mura di Roma, 1932) but tlre existence ofan earlier wall is presupposed by Varro, de Ling. Lat. 5. 48: 'Subura quod sub muro terreo Carinarum ... cui testimonium potest esse, quod subest ei loco qui terreus murus vocatur'. Traces of an earlier agger were found by Boni on the Quirinal behind the Republican wall and it is a reasonable inference that there was a continuous agger running across the Quirinal, Viminal, and Esquiline and perhaps forming a complete enceinte round the city. The agger had three phases in its history and the second phase can be dated by an Attic Red Figure sherd to between 520 and 470 B.C. This would allow the first agger to have been built, on the traditional chronology, by Servius Tullius. See E. Gjerstad, Studies presented to D. M. Robinson, I. 412 ff.; Opuscula Rom.ana, 3. 69-78; P. Grimal, Mil. d'Arch. et d'Hist. 71 (1959),43-64.

1.44. 2

51 (1930),313 ff. . . ' . Fabius: the first mention in L. of the lllstonan Q. FablUs PictOr. A senator and an ambassador to Delphi in 216 B.C., he was the earliest Roman to compose a history of Rome, although he wrote in Greek and was dependent on Greek sources. It is most unlikely that L. consulted him at first hand. For an evaluation and bibliography see A. Momigliano, Atti della Accad. Naz. dei Lincei 15 (19 61 ), 3 IO - 20 . 44. 3. addit duos colles, Quirinalem Viminalemque: the two colles are ~ot to be identified with two of the collibus in 43. 13. L. means that ServlUs incorporated the physical districts into the city: Both lay o~tside.the original settlement and were not included m the SeptrmontlUm (Festus 458, 476 L. (Antistius Labeo); Lydus, de Mens. 4· 155)· ~he ancient tradition is amply substantiated by the fact that the Sabme gods of the Quirinal (Quirinus) were not included in t~e. earliest religious calendar of Rome (Altheim, History qf Roman Relzgzon, 1:9) and that the inhabitants were an inhuming and not (as the Palatme settlement) a cremating people (evidence in E. Gjerstad, Earfy Ron: e, 1955, 2. 267-79). The syncecism must have o~curre~ ~efo:e the mclusion of the Capitol (38. 6 n.; 56. I n.) and, If ServlUs reIgn ma:ks a break in the Etruscan domination of Rome, it would be a fittmg occasion for the separate communities to draw together for mutual protection. D.H. 2. 50. I follows a variant belief (found also in Ser~u~, ad Aen. 6. 78 3) that the Quirinal was added by Romulus, but thIs IS a later rationalization based on the identification of RomulusQuirinus. See G. Radke, R.E. 'Viminalis'. 178

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The Pomerium

The digression was more relevant to the age ofSulla than ofAugustus. pomerium prqfert: the line made by a plough drawn by a yoked bull and cow demarcating an augurally constituted city. The area so defined marked the limit ofthe auspicia urbana. Within all was hallowed and under divine surveillance, outside was profane. The army as such could never cross the pomerium. The custom of demarcating a city in 179

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this manner is universally affirmed to be Etruscan in origin (Varro, de Ling. Lat. 5. 143; Plutarch, Romulus I I : perhaps from the East if the Sumerians had a similar ritual) agreeing well with the Etruscan ritual for inaugurating a temple (18. 6 n.) and it has recently been suggested the word pomerium itself is Etruscan (v. Blumenthal, R.E., s.v.) since the etymology given by L. and accepted by modern authorities (pos(t)m. (or alternatively prom. as in}; Lucan I. 594) > pom. and *moir- > -mer- = 'the space behind or in front of the wall' ; see Walde-Hofmann) is linguistically invalid. Moreover, it gives a meaning which was only a later development. The idea of a sacred no-man's-land on which houses could not be built is certainly subsequent to the original concept of a line dividing the hallowed from the profane. The pomerium was a matter of great antiquarian interest under the early Empire (cf. Tacitus, Annals 12. 24) but there was no proposal to extend it in the 20'S which could account for the disproportionate space which L. devotes to it here. Caesar may have enlarged it in 45 B.C. (Cicero, ad Au. 13.20; Dio 43.50. I; Aul. Gell. 13. 14. 4) and Augustus may also have done so in 8 B.C. (Tacitus; Dio 55.6.6), although doubt has been cast on the latter enlargement. It is, therefore, more likely that L. has taken over a substantial discussion by Valerius Antias who was writing at the very time that the first extension of the pomerium since the Regal period was undertaken by Sulla (Seneca, de Brev. Vito I 3. 8; Tacitus; Aul. Gell.). The primary discussion is by Mommsen, Rom. Forsch., 2. 23-41; see also V. Blumenthal, R.E., 'Pomerium'; M. T. Griffin, J.R.S. 52 (1962), 10 9- 10 . 44. 5. nunc: the evidence for houses built right up to the 'Servian' walls encroaching on the Pomerium is collected and examined by J. H. Oliver, Mem. Am. Acad. Rome 10 (1932), 145-82: see also Horace, Satires I. 8. post id: everything turns on whether the standpoint of the spectator is from within or outside the city-a fundamental flaw in the traditional etymology. termini hi consecrati: the line of the pomerium was marked by inscribed stones or cippi (e.g. C.I.L. 6. 31537-9).

ward as they stand. Ruperti's insertion of et to link them as a pair, although he was followed in this independently by Madvig, is frigid; and Scheller (aucta sic late . ..) may have had the right instinct in seeing that civitate is the otiose word. It might be expunged utterly: civitas is found contracted as ctas (examples in Capelli). aucta ctate provokes misgivings. Otherwise aucta <et) civitate <et) magnitudine urbis: if the latter et was lost, the former would follow. ex is also possible. iam tum: the first regular temple of Artemis was constructed on marshy ground to the north of the city by Theodorus of Samos, an architect who is thought to have been active in the first half of the sixth century, if Rhoecus, the architect of the Samian Heraeum was his father. The date of the foundation implied by the participation of Theodorus is in accord with archaeological evidence from the earliest discovered structure. Coins, ivories, &c. from the foundation deposit cannot be dated earlier than c. 600-590 (P. Jacobsthal, J.H.S. 71 (1951), 84-95; E. S. G. Robinson, ibid. 156-67). After successive modifications (D. G. Hogarth, Brit. Museum: Excavations at Ephesus, 1908) it was rebuilt to the design ofChersiphron c. 550 in a completely new style as the first Ionic temple in Asia (Vitruvius). According to Herodotus (I. 92) most of the columns for it were the gift of Croesus and several authorities state that it was erected by the common contributions of the great cities of Asia (Pliny, N.H. 16. 2 I 3, 36. 95). By 540 or so the elegance of the building and the liberality of the subscribers would have reached even Roman ears through travellers' tales. The archaeological evidence is reviewed by J. Boardman, Antiquaries Journal 39 (1959), 20 4-5.

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45. 1. aucta civitate magnitudine urbis: in theory either civitate or magnitudine could be the subject: (I) 'the state having been enhanced by the size of the city', stressing the extension of the pomerium and the physical limits of the city, or (2) 'the size of the city having been increased by the citizen-body (or citizenship)', stressing the effect of the census in raising the numbers of Roman citizens (2. I. 2, 38. 16. 3). Scholars have consistently preferred the former which gains some support from 2 I. 6 civitatem auxerunt and follows naturally after the digression on the pomerium, but the two ablatives are awk-

The Temple of Diana on the Aventine The record of the foundation of the temple, like that of other temples in this period (CapitolineJuppiter, Castor, Mercury), can be accepted as being derived from authentic pontifical memorials. The religious significance of the new foundations lies in the fact that they are all temples of old Greek deities, which served the more advanced society of Greece (F. Altheim, History of Roman Religion, 250-4). The cult will not have come, as L. suggests, as a result ofdirect communication with Ephesus because, for one thing, in its Roman form it was intended to be the centre of a political league, whereas the Artemision, although financed by Ionian subscription, was never the centre of the PanIonian movement. Ephesus never usurped the place of Mycale and the temple of Poseidon Heliconius as the centre of the great confederation which drew all the Ionian cities, Ephesus included (I.G. 12.5.444), together in self-defence. The Aventine cult ofDiana seems to have been inspired by two separate but contemporary features in Ionia, the Pan-Ionian league and the Artemision of Ephesus, and the

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conflation could not have escaped notice and comment unless it had been mediated through several sources. The most important of such sources was Aricia where the cult of Diana (Cato fro 58 P.) was served by a religious league of nine Latin communities to which Rome, as an Etruscan dominated town, did not belong. The Arician cult was earlier than the Aventine (A. N. Sherwin-White, Roman Citizenship, 12-13; A. E. Gordon, The Cults rif Aricia, 1934) and had a political as well as a religious aspect to it, since the Concilium Latinorum which met at the Lucus Ferentinae in the territory ofAricia (50. I n. ; Beloch, Rom. Gesch. 183) was the same organization under a different name. Political and religious competition with Aricia is further indicated by the transplantation of the Virbius legend from Aricia to Rome (48. 6 n.) at much the same date. Seeing that the reign of Servius marks a Latin restoration at Rome, we may well understand the motives which led him to attempt to consolidate his position by securing a league of Latin cities to whom he could turn if threatened by Etruria. The cult of Diana on the Aventine marks his attempt to oust Aricia from the political hegemony of Latium (Varro, de Ling. Lat. 5.43). The new institution served two needs: it mollified religious dissatisfaction and promoted political expediency. But whatjustification could Servius offer for the innovation? The new cult by the special place allotted in it to slaves (F. Altheim, Griech. Gotter im alten Rom, 143 ff.) evidently appealed to foreigners, metics, strangers, and the newly enrolled Roman citizens generally. Furthermore Strabo (4. 180-1) records that the statue of Diana was set up in the same way as the statue at Massilia and adds that the Massiliot was similar to the Ephesian. The second settlement of Massilia occurred c. 540 (5· 34. 8 n.) after a period in which the Phocaeans and presumably other Ionian emigrants had tried to colonize Corsica and are sure to have been brought into contact with Etruria and even Rome. These wandering exiles would have furnished Servius with the privileged information about the Ephesian shrine that enabled him to promote the superior claims of Diana of the Aventine over Diana of Aricia. Above all, he devised an almost Callimachean Aetion around a sacred relic, a gigantic pair of horns, to convince the superstitious and to teach the moral that the sovereignty of Latium had passed to Rome. Despite some anachronisms, the story of the Sabine cow must be very ancientas old as the cult ofDiana on the Aventine. The exact date ofthe foundation is not disclosed but c. 540 suits both the traditional chronology of Servius' reign (577-33) and the second settlement of Massilia. A. Alf6ldi (A.].A. 64 (1960), 137-44; Gymnasium 67 (1960), 193-6) has recently produced new evidence about the cult of Aricia. He has demonstrated that the old cult-image is represented on a denarius of the monetal P. Accoleius Lariscolus, whose family came from Aricia

(43 B.C.; Sydenham no. 1148). The shape of the image, a three-figure goddess Hecate-Artemis-Selene, and the style, particularly of the hair, both suggest a genuine picture of a primitive statue dating from c. 500 which survived down to the end of the Republic. He does, however, produce no evidence for the assertion that the image and the league belong to the period of Porsenna's activities rather than fifty years earlier nor, a fortiori, for the contention that the institution of Diana on the Aventine should be dated not to c. 540 but to the aftermath of Lake Regillus; For a possible fragment of a replica of the cult statue see Paribeni, A.].A. 65 (19 61 ), 55. 45. 3. caput rerum Romam esse: a phrase redolent of Augustan ethos (cf. 5. 54. 7) ; thus in Ovid, Met. 15. 736 iamque caput rerum Romanam intraverat urbem and later in Tacitus, Hist. 2.32; Man. 4.689. The boldness and presumption of the phrase are compared by Fraenkel (Horace, 45 2 ) with the sweeping simplicity of Horace's custode rerum Caesare (Odes 4. 15. 17). The first traces of awareness of Rome's destiny are no earlier than the third century. Until that time Rome was struggling for her standing in Italy but her successes against Pyrrhus lifted the veil on a wider scene. Cf. Lycophron 1226-33 (if genuine) and Ennius' translation of Pyrrhus' dedication at Tarentum (199-200 V.). The most that Romans of Servius' day would have aspired to was to supplant Aricia as the 'capital' of Latium. uni se ex Sabinis: Plutarch (Q;R. 4 with Rose's note) gives an account of the same tale which differs in some particulars. He specifically cites as his authorities the antiquariansJuba and Varro. According to them the Sabine was called Antron Coratius (or Cur(i)atius). One of his slaves escaped to Rome and told Servius about the oracle. He, in his turn, communicated it to the pontifex Cornelius who duped Coratius into washing in the Tiber thereby giving Servius the chance to sacrifice the cow and to dedicate the horns in the temple. It is generally thought (Dumezil; J. Hubaux, Rome et Viies, 232-5) that Plutarch gives the traditional version which L. has adapted in order to minimize the unsc:rupulous part played by Servius as not being in keeping with maiestas Romana. If the story, as an Aetion, is old, L.'s version will be prior to Varro's which is too full of etymological cleverness (cornu> Cornelius; servus > Servius) and improbable coincidence. The priority of L. can be shown in another way. A coin, struck c. 79 B.C. by A. Postumius Albinus, showing on the obverse a bust of Diana and on the reverse 'togate figure stg. 1., raising 1. hand over head of ox standing r.; in centre, lighted altar' with the legend A. POST. A.F.S.N. ALBIN. (Sydenham no. 745; cf. Borghesi, Fasti, 2. 43; Mommsen, Rom. Manz. 617) illustrates the same story but would indicate that before Varro's investigations established the claim of the Cornelii, the Postumii, proud of their part in the early fortunes of Rome (Lake

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Regillus), claimed the honour of having provided the priest on that occasion. Had not a Postumius Albinus written Annales? 45. 4. bos . .. nata: on the coin it appears to be a bull. fuere: i.e. they had disappeared by the late Republic. 45. 5. ut erat: 'it was regarded as a prodigy, as indeed it was'. The recording of omens and prodigies was 'a traditional feature in the annals of the Romans' (R. Syme, Tacitus, 522) if only because they were one of the regular items in the pontifical tables which constituted the source material for early history. But whereas Tacitus is consistently sceptical about such manifestations, L. had a real belief in them and lamented that in his own day faith had evaporated and that prodigies were no longer recorded (43. 13. 1-2). 45. 6. carmen: 26. 6 n. antistitem: cf. 20. 3. The term is very loose and untechnical, usually applied to the priests of foreign cults who had no place in the official nomenclature (Wissowa, Religion, 483). Although for us there is some doubt what the status of the priest of Diana was (perhaps a sacerdos since he was not a jlamen or a pontifex), L. 's choice of antistes is not to be attributed to that uncertainty because L. would have known, but to the fact that the sacrifice was a votive offering (cf. apta dies) and so did not require the presence of any other person than the templecaretaker (aedituus) and the intending sacrificer. L. uses the vague term antistes to inflate to apparent importance the menial-sounding aedituus. Here again L. is more accurate than Varro. celebrata: nominative with magnitudo. quin: 57. 7 n. vivo jlumine: 'running water'. An authentic touch. Only running water, not water drawn from wells or cisterns, could purify. Cf. Virgil, Aeneid 2. 7 I 9 donec me jlumine vivo I abluero; Tacitus Hist. 4· 53 : and see Wissowa, Religion, 219 n. 3; Ninck, Die Bedeutung des Wassers im Cult. Vivus is perhaps sacral. For comparable Greek beliefs see Denniston on Euripides, Electra 791. infima valle: infimus is the dignified and classical form of the superlative, imus the colloquial; but metrical considerations as well led to the spread of imus which in later Latin becomes almost universal (Lofstedt. Syntactica, 2. 345; B. Axelson, Unpoet. Warter, 33-34). Thus infima valle here and in 7. 34. 3 as well as Hirtius, Bell. Gall. 8. 40. 2 and Columella I. 5. 2 but ima valle in Virgil, Georg. I. 374; Aen. 3. 110, Ovid, Met. 2.761,6.343. At 33. 8. 6 the manuscripts' reading adsuos in ima valle stantes should be corrected to ad suos infima valle stantes.

46-48. The Death rif Servius Tullius The circumstances in which Servius Tullius is said to have met his death had become part of the Roman historical tradition long before

Roman history was actually written. As far as can be seen there is no change in the main outline of the story between the third century and Livy. Although no relevant fragment of Ennius survives, Fabius Pictor (fr. I I P.) narrated it in substantially the form which we know today and presumably other second-century historians, including Polybius (ef. Cicero, De Rep. 2.43), followed the same tradition. Piso (fr. 15 P.) accepted it with a small chronological modification, Diodorus (10. I ff.) gives a crisp summary of it, and Varro (de Ling. Lat. 5. 159) quotes the incident of Tullia driving over her murdered father. The legend will have been passed on in two ways, as a part of the main stream of Roman folk-lore and as an explanation associated with the names of certain quarters of Rome, e.g. the vicus sceleratus, but it will not be a primitive legend. The careers of the two Tarquins are too alike to be other than two faces of the same coin. A dim memory of an Etruscan domination of Rome from Tarquinii (34. I n.) which was interrupted by a Latin restoration (Servius Tullius ) was expanded into a chronological sequence with definite and distinct personalities. Once the story had been fixed there were no major variations, and there could be none because there was no possible evidence to modify it. The only variations that were possible were variations for political or artistic effect. Politically the regal period exhibited for philosophically minded historians like Polybius a perfect example of a constitution developing from monarchy (Romulus), through kingship (Tarquinius Priscus and Servius Tullius), to tyranny (Tarquinius Superbus) with the early Republic as aristocracy and the Decemvirate as oligarchy. To secure the even course of the decline Servius Tullius must have some tyrannical tendencies which can appear in their full maturity in the person of Tarquinius Superbus. But as at Athens Solon and Cleisthenes became controversial political slogans at the end of the fifth century when rival groups claimed authority for their own versions of the ml:rpto<; Tro),tn{a, so in Rome Servius Tullius was invoked by the supporters ofthe Sullan constitution as their precedent. The changes of 88 B.C. were carried out with explicit reference to Servius Tullius (Appian, B.C. 1. 59. 4). Traces of this rehabilitation of Servius Tullius crop up throughout L.'s narrative, cheek by jowl with the older pejorative view. His reputed wish to resign the throne quia unius esset (48. 9) does not belong to the original legend and reflects the self-righteousness with which Sulla's retirement was invested. L. owes his version to an historian writing under the influence of such Sullan propaganda. There are no signs of contradiction with the preceding section (39-45) and certain positive affiliations (46. 1=42.3; 46. 5=42. I) which invite the conclusion that L. is continuing to draw his material from the same source--Valerius Antias. Artistically, however, the storyafforded ample scope for development.

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It is impossible to know at what period the similarity of the legend to the tragedies of the Houses of Atreus and Laius was appreciated. The cults of Orestes and of Hippolytus were transplanted to Italy, in particular to Aricia, at a very early date (48. 6 n.) so that the myths will have been widely disseminated. Praetextae were written on the Tarquin theme from the time of Accius, and historians of the second century, under the influence of Hellenistic theory, are unlikely to have missed the possibilities latent in such a comparison. Certainly Varro was aware of them when he commented inter duas filias regum quid mutet inter Antigonam et Tulliam (Aul. Gell. 18. 12.9). But a comparison with D.H. 4. 28 ff., while suggesting that the two authors are following, even ifnot immediately, the same source, shows that most of the tragic features of the story in L. are due to L. himself. D.H. is more diffuse, more uneven, and less critical of the unrealistic and the grotesque, as when he allows Tullia to slap her mule-driver with her shoe. D.H. feels no compunction about introducing rhetorical exercises in which the king and the usurper expound their respective claims seriatim. He is blind to the actualities of motive and psychology (48. 2 n.) ; he has no eye for a scene or for a situation. L., on the other hand, has tailored the same material to a much more graphic pattern which achieves its effect by bold and compelling lines. He has not, of course, utilized an actual playas a model. He has written his own tragedy. L. Tarquinius is a less scrupulous Orestes, Tullia a less noble Electra, and so Servius Tullius has to be the Aegisthus, the intruder. The Sullan leanings of Valerius Antias, which tended to whitewash Servius Tullius, are more than counterbalanced by the demands of a plot in which he must appear as a villain. To have cast the tragedy of the Tarquins wholly in a Euripidean setting would have made it a mere period piece without any contemporary message. Such a drama would have been pretty to read but not edifying, decora Jabulis not salubre ac Jrugiferum. To achieve the latter effect as well L. makes L. Tarquinius a Catiline-figure by introducing from Sallust and Cicero several reminiscences (46. 5 n.; 46.9 n.; 47· 2 n.; 47. 7 n., 48. I n.) which have no equivalent in D.H. and which therefore had no place in Valerius Antias. As Catiline was a latter-day Tarquin to Cicero, so, for L., Tarquinius Superbus was a prototype Catiline. The total result, as so often in L., is a fusion of tragedy and Republican politics with echoes of each. L.'s treatment supplied Ovid with much of the material for his account of the same events in Fasti 6. 587-610, even down to particular turns of phrase. Dio Cassius (ap. Zonaras 7. 9d) also followed the sequence and detail of L., diverging from him only so far as to add a few imperial touches to parts which L. had left indeterminate (e.g. epapfLaKoLS 8dep{hLP€ = prope continuatisJuneribus in 46.9).

See further Pais, Storm Critica, 1. 2. 5°5-9; Last, C.A.H. 7. 393-6 ; F. Schachermeyr, R.E., 'L. Tarquinius (Superbus), : and, for L.'s narrative, H. B. Wright, The Recovery if a Lost Roman Tragedy (New Haven, 1910); Burck 163-5; Aly, Livius und Ennius, 37; A. K. Michels, Latomus, 10 (1951), 13-24; Skard, Sallust u. s. Vorgiinger, 56--61; J. Gage, Huit recherches, 185 ff. 46. 1. iactari voces: it was whispered that Aegisthus held the throne illegally (Aeschylus, Agam. 1646-8) and that Creon's power though legitimate was not founded on popular consent (Sophocles, Ant. 734-7). agro ... diviso: the deliberate conciliation of the plebs by landdistribution is a Gracchan touch (cf. Plutarch, T. Gracchus 8; Cicero, de Leg. Agr. 2. 8 I) although the use of ager publicus was disputed from time immemorial. vellent iuberentne: an archaic formula by which a lex rogata was submitted to the people by a magistrate. The direct form was velitis iubeatis 'would you wish and order'. The words form an asyndetic dicolon of a pattern very common in formal Latin (3 2 . 13 n.) and were so spoken by the magistrate. Hence L. puts a single one after the second word: 'vellent iuberent'-ne. The two words are regarded as synonymous although one might distinguish that velle represented the wishes of the people and iubere the transference of these wishes into law. L.'s use of the formula adds a touch of constitutional verisimilitude to the picture which he tones down by substituting for ut with the subjunctive, which was the statutory construction (38. 54. 3; Cicero, de Domo 44 with Nisbet's note; in Pisonem 72 ; Aul. Gell. 5. 19· 9), the more literary ace. and info (21. 17.4; 31. 6. I ; 36 . 1. 5; 45· 21. 4; all declarations of war). See Mommsen, Staatsrecht, 3· 1. 3 12 n. 2; D. Daube, Forms if Roman Legislation, 54 n. 1. 46. 2. domi uxore . .. stimulante: so Electra spurred on her brother Orestes. Cf. Euripides, Or. 616- 17. 46. 3. tulit enim et Romana regia sceleris tragici exemplum: et 'as well' (as the palace of Mycenae). tulit . .. exemplum would seem to be a comment by L. himself since the phrase, as can be seen from its use (Cicero, de Nat. Deorum 2. 165; Seneca, Ep. 24. 3; see Shackleton Bailey on Prop. 1. 4. 7), is offhand. ut is purposive. 46.4. filius neposne Juerit parum liquet: L. Piso was, according to D.H. 4· 7, the first and only historian to realize that, if Servius Tullius reigned for 44 years, Tarquinius Superbus could not be a youth of eighteen or so and still be the son of Tullius' predecessor L. Tarquinius Priscus. It does not, however, follow that L. has consulted Piso at first hand. Piso's arguments will have been taken over and quoted by annalists such as Valerius Antias who used Piso in the same way that Plutarch (Poplicola 14) and the Emperor Claudius (I.L.S. 212) adopted them directly from L. without inquiring personally into the divergent authorities.

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46. 5. forte ita inciderat ne . . . fortuna . .. populi Romani: 5· 34· 2 n. inciderat is impersonal as at 6. 34. 6; 26. 23. 2; 28. I7. 13 so that fortuna would seem to be abl., resuming and qualifying forte (cf. 3. 40. 8). A final ne after verbs of happening conveys the deliberate, almost benevolent, nature of Fortune's intervention (voluntas fati), as at Cicero, de Divin. 2. 21; Seneca, Ep. 76. 19 (R. G. Nisbet, A.J.P. 44 (19 23), 27 ff.). credo does not sound a note of scepticism but introduces an after-thought: 'by chance or rather, I suppose, by the Fortune of the Roman people'. Butfortefortuna is a stereotyped phrase in archaic Latin and its appearance here is awkward. As an alternative, fortuna ... Romani might be taken as a nominative in apposition to the sentence and treated as a parenthesis. The afterthought is directly inspired by the similar situation in Cicero, in Cat. I. 15 sceleri ac furori tuo .. . fortunam populi Romani obstitisse. In D.H. the marriages are deliberately arranged by Servius Tullius. constitui civitatis mores: ef. Sallust, Cat. 5. 8. 46. 6. ferox Tullia: 'the Tullia who was spirited', I.e. the younger Tullia. virum nacta muliebri cessaret audacia: 'having gained a real man she lacked the daring spirit of a woman'. cesso with the abl. is found at 4 2 . 6. 8 = 'lack, fail', so that there is no need for Crevier's nacta
vacuifecisses) which Sallust also borrowed (Catil. 15. 2 necato filio vacuam domum scelestis nuptiisfecisse). It gives a Catilinarian rather than a tragic flavour to proceedings (pace Skard, Sallust u.s. Vorgiinger,

I.

46. 5

188

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57-60) and it only occurs in these three Catilinarian contexts. The manuscripts, therefore, make Arruns and the younger Tullia the survivors not the victims. D.H. 4. 30 agrees that it was the younger Tullia who survived and this is demanded by the tragic convention which always made the younger sister the daring and high-spirited one (Antigone, Electra, Medea) while the elder was cautious and weakwilled (Ismene, Chrysothemis, Chalciope). But Arruns cannot be right. It was Lucius who survived and reigned. Besides, Arruns was by tradition in Etruscan families the name of the younger and so he will originally have married the younger Tullia. These considerations show that the text, unless it is a remarkably over-intelligent gloss, must be emended, not by substituting, with Sabellicus, maior for minor which would allow the wrong pair to survive, but by altering Arruns. ita L. (Perizonius) is no real improvement on Fulvio Orsini's L. which could easily have been corrupted dittographically into Arruns before Tarquinius. In the corresponding passage D.H. writes TaL, aUToL, wuBww awo(JVnUKovUtV if T€ Wpw{3vT€pa TWV TVAA{ov (JvyaT€pWV Kat 0 V€WT€PO, TWV TapKvv[wv. See also Frigell, Epilegomena, 66. magis non prohibente Servio quam adprobante: D.H. 4. 30 gives a slightly different antithesis: OVT€ TaU waTpo, aUTf), {3€{3awuVTO' TOV yafLov OVT€ Tf}, fLTJTPO, UVV€V80KOVUTJ'· They look as if they have both been inspired by the same original which L. has either misunderstood or adapted. 47. 1. ab scelere ad aliud spectare mulier scelus: a Greek turn of phrase; ef. Euripides, H.F. 1075, 1213. Notice the word-order which shows the maximum emphasis on scelere and scelus. The whole of Tullia's speech which follows is in a high tragic vein characterized by occasional archaisms. There is nothing in D.H. which corresponds to it. In its place he has a long but ineffective debate in the Senate between Tarquin and Tullius (4. 31-37). L. has substituted for it a dramatic scene between Tullia and Tarquin largely of his own composition but drawing on some ideas which were in his source's version of Tullia's earlier speech (46. 7-8) but which he has kept over for this occasion. For example, the family history touching Corinth and Tarquinii (47. 4) is included by D.H. 4. 29 on the earlier occasion as an incentive to spur Tarquin to the murder of his wife. L. transposes it and makes it an incentive for murdering Tullim. 47. 2. meminisset: ef. Lentulus' letter to Catiline (Sallust, Catil. 44· 5 = Cicero, in Catil. 3. 12): fac ... memineris te virum esse. 47.3. eo nunc: 'my affairs have altered for the worse in so far that in 18g

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you (istic) there is not merely cowardice (as there was in my previous husband: 46. 7) but also crime'. 47.4. quin accingeris: 57.7 n. Corintho: 34. 2 n. di te penates: the objects invoked to rouse Tarquin's ambitions are all distinctively Roman in character but the idea recalls Sophocles, Electra 267-70. imago: 34. 6 n. 47.5. facesse hinc: 'away from here', only here in L. (cf. 48. 6), a dramatic idiom found, e.g., in Pacuvius, frag. 326 R. facessite omnes hinc; Seneca, Ag. 300; Afranius 203; cf. the paratragic play on words in Plautus, Rudens 1061. devolvere retro: pass. imperative. H. J. Muller was alive to the obscurity of the phrase, noting that there was no other instance of it. It is difficult to know precisely what the metaphorical force is. In later Latin devolvere is frequently used of demotion from high place (Seneca, Suas. 1.9 regum exfastigio suo devolutorum; Seneca, Ep. 92. 23; Tert. de Castit. 9; Hier. Ep. 41. 3. 2), but in earlier Latin the best illustration is Cicero, Phil. 7. 14 postridie ad spem estis znanem pacis devoluti, where it is deliberately rough and contemptuous as here. fratri similior quam patri: Tullia ends her speech in an iambic rhythm (2. 40. 9 n.) and with a tragic sentiment (cf. Aeschylus, Choeph. 240 ff.). 47. 7. muliebribus instinctus furiis: 'inspired by a woman's frenzy'; cf. Virgil, Aen. 10. 68 Cassandrae impulsus furiis. furiae are the frenzied emotions rather than the actual Furies, but the image, which is wholly absent from D.H., is introduced by L. to remind his readers of Orestes hounded by the Furies (as in Aeschylus, Eum. 46 ff.). But the Orestes touch is immediately succeeded by a picture of a late Republican demagogue in action which, again, since there is no trace of it in D.H., is an addition by L. minorum . .. gentium: 35. 6 n. circumire et prensare: electioneering terms (2. 54. 3; 3. 47. 2); cf. Pliny, Ep. 2. 9. 5 itaque prenso amicos, supplico, ambio, domos stationesque circumeo, quantumque vel auctoritate vel gratia valeam, precibus experior. allicere donis iuvenes: Catiline iuventutem ... inlexerat (Sallust, Catil. 16. I; Cicero, in Cat. 3. 8) by the same inducements and bribes. Catiline's plot in 65 failed, according to Sallust, because of a mistake in timing. He had planned to burst into the Forum stipatus agmine armatorum but, when they did not arrive on time, instead of making a victory speech pro curia, he only gave an ill-judged signal to his henchmen (pro curia signum sociis dare) and, instead of enlarging in public on the grievances of the state, he had to be content with a secret agitation in abdita parte aedium (Sallust, Catil. 20. 2- 17). The arguments, however, which he used against the regime bear an

arresting likeness to those which Tarquin is made to use in the similar position. Cf. in particular Sallust, Catil. 20. 7. 47. 9. fraudi esset: the technical sense is 'render liable to prosecution', (30. 19· 9; Cicero, pro Cluentio 91 ; Phil. 5. 34 et al.) but, since attendance at the Senate was not statutory and absent senators would incur displeasure rather than legal proceedings, the meaning here is wider and more suggestive: 'be dangerous for' (as the expression is used in police-states). attoniti: cannot refer both to the praeparati and to the senators who assembled metu (alii ... alii), since those who had been briefed could not have been surprised at the turn of events. Nor can it apply merely to those who came out of fear, because curiosity and fear of the consequences of non-attendance are not the same thing. Doering's supplement «alii) novitate) is required to distinguish a third category of senators who attended out of curiosity. 47. 10-11. Tarquin's speech, with the exception of the etymological jibe servum servaque natum (D. H. 4. 38 OOUAO> £K 0015A'I», in the same context), is largely composed of material which in D.H. is found in the earlier debate in the Senate between Tarquin and Tullius. The arguments resemble those used by the son of Ancus in 40. 1 ff.

190

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47· 3

48. 1. quid hoc . .. rei est: 41.

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47· 7

1 n., the language ofindignant expostulation. Servius' words may recall the opening of Cicero's first Catilinarian speech: notice especially audacia ... elusisset. 48.2. per licentiam eludentem: 'had made sport (of them) with complete impunity'. Cf. 2. 45. 6. clamor . .. oritur et concursus . . .fiebat: 'a typical element of descriptions of battle scenes' (Fraenkel, Horace, 118). The words conjure up a picture of a battle on a heroic or larger-than-life scale which is appropriate to such a tense moment ofhistory ; cf. 41. 1 ; Plautus, Amph. 228; Virgil, Georg. 4.75-78; Cicero, ad Att. I. 16. 1 ; and, in particular, Sallust, Catil. 45. 3 and Horace, Sat. I. 9. 77-78 clamor utrimque:J undi~ue concursus. sic me servavit Apollo (= Homer, Iliad 20. 443). 48.3. necessitate . .. cogente ultima audere: the motivation in D.H. 4. 38 is completely different. Tullius attempts to jostle Tarquin from the throne and Tarquin seizes on this physical provocation as a pretext for using violence himself. This picture, which will have been the early version, is so maladroit that L., as often, substituted a psychological motivation. iam etiam ipsa: soN. etiamwould have to betaken with iam rather than ipsa which would need Weissenborn's et (1. 12. 3, 46. 5, 27· 27· 7) but the meaning 'then also' seems inapposite since the only previous occasion on which Tarquin's hand had been forced was over the murder of his wife. A dittography is easy to suppose and etiam is best deleted.

{ll. 3

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gradus: 36. 5 n. 48. 4. ipse prope exsanguis cum semianimis regio comitatu domum se reciperet [pervenissetque ad summum cos. primum vicum] ab iis qui missi ab Tarquinio fugientem consecuti erant interficitur ... cum se domum reciperet (Tullia) pervenissetque ad summum Cyprium vicum: the bracketed words, which are found in all the manuscripts, are certainly interpolated from the corresponding passage below. domum se reciperet, on the other hand, may be authentic since the fact is recorded also in de Viris Illustribus 7. 18- 1 9 (from Livy): Servius ... gradibus deiectus et domum rifugiens interfectus est . .. Tullia . .. cum domum rediret . .., unless it was interpolated before the composition of the de V.l. regio comitatu recipere 'to retire with his royal retinue' is unobjectionable and has good parallels in L. (e.g. 44. 43. I frequenti agmine equitum et regio comitatufugit) and the fact that the attendants are earlier reported to have fled (fit fuga) is immaterial since L. has switched from the scene in the Senate to the description ofServius' return without carefully co-ordinating them. There is no doubt that the version given by the annalists portrayed Servius not as a solitary figure, but accompanied by some of his retinue when he was overtaken and killed (d. D.H. 4. 387Tapa7T€j-L7TOvTWV aVTov oAiywv) so that all attempts to improve the text by depriving Servius of his companions (sine regio comitatu Alschefski, se amisso r. c. Frigell) are quite misguided. The only objection to semianimis is that it has been thought an otiose repetition of exsanguis: but the two words do not mean the same thing: semianimis is 'half-alive' (i.e. half-dead) and exsanguis 'having lost blood'. The victims of poisoning are semianimis (40. 4. 15) but not exsanguis, while a severe wound can leave a man exsanguis (41. 2) but not necessarily semianimis. In this case Servius has been badly hurt and, for an old man, such a wound might well have been fatal. Both words have point in the context in the same way that L. Bantius in 22. 15.8 ff. was left on the field ofCannae seminecis ... (et) prope exsanguis. They correspond to atj-Lan 7TOAA<{J 7T€ptpp€6j-L€vOS Kat KaKWC; OAOV EaVTOV ... EXWV (D.H. 4. 38). 48. 6. domum: L. is over-compressed. It is clear from Varro that she was not going to her own home but was going to take possession of her father's house, thereby establishing Tarquin's claim to the throne. Otherwise the topography becomes tangled. The alternative is to suppose cum se domum reciperet here to be interpolated from 48. 4 (forgetting that it was not Tullia's home) in order to explain their encounter. summum Cyprium vicum : mod. Via del Cerdello and Via del Colosseo. (Platner-Ashby s.v.; Pais, Ancient Legends, 272-4 locates it near the Velia, but he fails to take account of the right turn which Tullia makes; see plan of Rome). Varro (de Ling. Lat. 5. 159) says that it was in origin a Sabine word: vicus Ciprius a cipro ...: nam ciprum sabine

bonum. Sabine elements in Rome and in Roman vocabulary are well attested (d., e.g., Q,uirites) and Varro's etymology is supported by the existence of two towns called Cupra in Picenum and the name of the goddess Cupra found in Picenum and Umbria (d. Conway, Italic Dialects, no. 354 Cubrar matrer). Although the vicus and its name are not mentioned elsewhere, it is likely to be a genuine survival (Lugli, Fontes ad Topographiam Veteris Urbis Romae, 3. 256). The orthography of the name is quite uncertain. ubi Dianium nuperfuit: for the cult see below. The only other reference to the shrine is found in Cicero, de Har. Resp. 32 L. Pisonem quis nescit his temporibus ipsis ... sanctissimum Dianae sacellum in Caeliculo sustulisse? which shows that it was removed at least by 56 B.C. Livy's nuper might seem to suggest a date for its destruction nearer his own time but his language should not be pressed so closely. Indeed it may be Cicero, if anyone, who is exaggerating, in which case the shrine could have disappeared earlier, at the period when Livy's sources were writing. If so, like 2. 33. 9, the note will be a comment by Valerius Antias which L. has taken over verbatim. Its exact site is untraceable. in Urbium clivum: Urbium, not Orbium ("OpfJws or "OAfJwC; in D.H. 4. 39· 5) or Virbium, is the reading of the manuscripts here and in Solinus I. 25 (Servius Tullius Esquilinus supra clivum Urbium (habitavit) ), the only two places in Latin literature where it is cited. There is no objection to the form of the name which is probably of Etruscan origin (d. U rbinus; the gentile name Urbius in C.I.L. 6. lO58; Etr. Urbenius, Urfedius &c.; see Schulze 56 I). Its subsequent history can only be recovered conjecturally. At an early date contact with Aricia brought about a religious cross-fertilization between the two towns (45. 2 n.). Now at Aricia the predominant cult, that of Diana Nemorensis, was associated with a native Latin god Virbius, regarded by Vibius Sequester as a river-god, but by an authority known to [Servius] as solar (ad Aen. 7. 776), who under the influence of Greek mythology quickly came to be identified with Hippolytus (Servius, ml Aen. 7. 76 I sed Diana Hippolytum revocatum ab iriferis in Aritia nymphae commendavit Egeriae: et eum Virbium quasi bis virum iussit vocari) and inherited many details of Hippolytus' biography (d. Pausanias 2.27· 4, 32. I). The street leading up to the temple of Diana Nemorensis was called the clivus Virbi (Persius 6. 55-56). The similarity in sound between the Roman clivus Urbius and clivus Virbi facilitated the transference of the cult to Rome and its establishment in that region of the Esquiline. The old etymology of Urbius was thus superseded by the imported myth of Hippolytus-Virbius ; so that it was only natural that the horrific story ofa king trampled underfoot by the mules of his daughter's chariot should now be localized at a place which was steeped in the traditions of another prince trampled to death by his

1.

192

8H432

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o

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horses. For it is more likely that the scene ofTullia's outrage was made the clivus Urbius because of its connexion with Hippolytus than that the story had always been situated there and so gave rise to the equation of Urbius and Virbius-Hippolytus. The name and the legends surrounding it will have been stabilized at least by the fourth century B.C., although the first mention is only in Varro, de Ling. Lat. 5· 159 and Festus 450 L. See further Merkel, Ovid, Fasti, cxlvi; Frazer on Ovid, Fasti 6.601; Pais, Ancient Legends, 142-4; A. B. Cook, C.R. 16 (1902), 380 n. 3 (who reads Virbium here); F. Altheim, History rif Roman Religion, 509 n. 9; F. Bomer, Gymnasium 64 (1957), 122 (sceptical) . 48.7. sceleratum vicum: mod. Via di S. Pietro in Vincoli (Platner-Ashby s.v.). A foil for the Cyprius vicus or Good Street. furiis: 46. 7 n. Cf. Sophocles, Electra 1080. contaminata ipsa respersaque: like a tragic murderess. 48. 9. imperium . .. deponere: the mooted abdication was no part of the original biography ofServius Tullius and, since it never happened, it could safely be asserted. Sulla's resignation called for precedents in the same way that his constitutional reforms required the sanction of mythical propriety. In inventing the rumour about Servius the Sullan annalists were doubtless inspired by Greek precedents-Pittacus and Maeandrius. The phrase itself belongs to republican terminology (cf. Caesar, B.G. 7. 33. 3; Tacitus Hist. 3. 70). It is the technical expression for laying down the imperium vested in a man by a lex curiata. Only by an historical fiction could it be used of a king. Besides, for L. such a rumour of contemplated resignation must have recalled the similar rumour about Augustus who after 31 B.C. de reddenda re p. ... cogitavit (Suet. Aug. 28. I; Syme, Roman Revolution, 324). quidam auctores: perhaps only Valerius Antias and the authors quoted by him, if any. Cf. F. Hellmann, Livius-Interpretationen, 13·

If Servius' reign marks a Latin restoration the evidence from archaeclogy and constitutional history leaves little doubt that the story of Tarquinius Superbus, in so far as it presumes a renewed domination of Rome by the Etruscans culminating in their violent expulsion, is substantially historical. That the Rome of the late sixth century was Etruscan in character is proved both by the deposits on the Palatine and by the survival of Etruscan institutions, while the violent break between kingdom and republic is the only reasonable inference that can be made from the nature of imperium and interregnum. Certain other facts, traditionally associated with the last king of Rome, are independently supported. Tarquinius' name is connected with the building of the temple of Capitoline Juppiter (55. I n.) and of the cloaca maxima

(56.2 n.), the capture ofGabii (53.4 n.) and Suessa Pometia (53.2 n.), the colonization of Signia and Circeii (56. 3 n.), and the siege of Ardea (57. I n.). For all these events there is enough external testimony to command belief. Such is the hard core of Tarquin's reign. Various factors conspired to expand the hard core. At a very early stage in the writing of Roman history, the synchronism of the expulsion of the Tarquins and the expulsion of the Pisistratids was perceived (Aul. Gell. 17.21. 4). The inevitable result of this was that Tarquin's reign and his expulsion were assimilated to the familiar versions of Herodotus and Thucydides. It is possible that there is a sub-structure of historical truth in the story of Lucretia but its significance for the fate ofTarquinius Superbus owes much to the affair of Harmodius and Aristogeiton, and in marrying his daughter to Octavius Mamilius Tarquin merely followed the precepts of Hippias (49. 8 n.). Tarquin had to be painted in the true Greek colours of a tyrant. This hellenization of the character of Tarquin facilitated the insertion of whole incidents from Herodotus and other Greek sources to supplement the meagre notices of Roman tradition. The capture of Gabii combines the stories of Zopyrus (3. 154) and of Periander and Thrasyboulos (5. 92). The embassies to Delphi may be original but all the details-the hollow staff, Mother earth, the kiss, the serpent portent-can be paralleled from the Greek (see nn.) and it is therefore at least an open question whether they too do not go back merely to the labours of third-century historians. Certainly the Best Wife competition and the scene of Lucretia at her home are pure Greek in only the poorest of Roman disguises. Such must have been the development of the legend of Tarquin down to the middle of the second century. The accident of time which had turned Tarquin into a tyrant on a Greek model was fortunate for the philosophical historians who in their concern to fit Roman history to a cyclic mould welcomed a tyranny already made for the purpose. They did little more than supply further tints suitable to a real tyrant (49. 1-7 nn.). There was little room for an historian to exercise invention once the main outline was established, and Cassius Hemina (fr. 15 P.) clearly had the same material in much the same form as L. retails it. Even the duration ofthe kingdom and the length ofTarquin's reign were common ground from the time of Cato (60. 4 n.: see Walbank, Polybius, I, p. 666). The version in L. is certainly later than Piso (55.9 n.) but there is nothing that points to a date later than Sulla. By a curiously unresolved contradiction Brutus, although affecting to be of subnormal intelligence, holds the office of Tribunus Celerum. This accretion must be later than the revival of interest in that institution

194

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which can be securely dated to the antiquarianism of the early first century (59. 7 n.; 15.8 n.). There are few other indications either of date or of affiliation. The description of Suessa Pometia (53. 2) flagrantly contradicts 2. 16.8 (Licinian) but is in harmony with 2. ~5· 5 (Valerian). This, coupled with the resemblance of38. 24. 3 (ValerIan) to the tale of Lucretia and Collatinus (58. 6 ff.) and the prominence of the Vaierii throughout the section, might suggest that Valerius Antias was L.'s authority. The whole section is self-consistent, without variants or contradictions. A comparison with the parallel narrative in D.H. shows what L. has tried to make of his material. He covers the reign in five main acts, Turnus Herdonius and the Latins (50-52), Gabii (53-54), City affairs (55), the Delphic oracle (56), Lucretia (57-59), and he suppresses any events which are incidental to the main plot. For him the history of the Tarquins is a tragedy with a moral, the triumph of pudicitia over superbia. Tarquin is distinguished by his superbia in all his actions just as Tullus Hostilius was by hisferocitas and it is noteworthy that L. allocates the same space to the former at the end of the book that he does to the latter in the centre (22-3 I : 49-60). His presentation is dramatic. Seeking to create almost Aristotelian unities he compresses the events at the lucus Ferentinae from three days (D.~. 4· 45 ~.) to one and a half and eliminates all the shifts of scene whIch are Illvolved in D.H.'s account of Lucretia. He intensifies the effect by the use of language, giving his characters almost tragic diction to speak where D.H. allows them to indulge in lengthy oratorical debate (esp. 4. 77-83) and by subtle touches evokes the tension of the Greek stage (49. I n.; 59. 10 n.). Hence he omits much that is extraneous, the negotiations of Octavius Mamilius at the Latin congress, the fact that Herdonius is Tarquin's nephew, the settlement of Gabii after its capture, or the Sibylline books, but the two writers are so close in general that it is a reasonable assumption that D.H. stems from a slightly later source which combines Valerius Antias wi.th other authorities. It is certain that L. does not depend upon Enmus or an unknown Roman tragedian. With a profound interest in psychology he is writing tragedy not copying it. For his audience the story of Tarquin had a contemporary message. Superbia had characterized too many of the actions of the dynasts of their generation. 1 The old virtues represented by that typically Ro~an matron, Lucretia, and centred upon the restored temple of jupplter Capitolinus, had not lost their appeal. The origins of the Republic and of Libertas were live issues. See further Soltau 196; E. Pais, Ancient Legends, 185-203; Storia Critica, I. 475 ff.; H. Last, C.A.H. 7. 397 ff.; I. G. Scott, Mem. Amer.

Acad. Rome 7 (1929), I ff.; Schachermeyr, R.E. 'Tarquinius (7)', with full bibliography; Burck 163-76; Klotz 205; G. Pasquali, Ter::;e Pagine stravaganti (1942), I ff.; U. Coli, Regnum (1951); A. K. Michels, Latomus 10 (1951),13-24; M. Ghio, Riv. Fil. Class. 29 (1951), Iff; J. Heurgon, I.L. 7 (1955), 56-64. See also individual references cited under the main sections below. For the Greek conception of a tyrant cf. Plato, Gorgias 510 b9-c5 with Dodds's notes.

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49-60

I.

49-60

49. 1. occepit: 7. 6; the word is not found in Cicero or Caesar. Superbo: 50. 3 n. socerum gener sepultura prohibuit: L. has improved on his original.

1 For the Roman concept of superbia see H. Haffter, S.F.I.C. 27 (1956), 135-41.

The old tradition was not that Tarquin prevented the burial ofServius but that he prevented a public, royal burial (D.H. 4. 40 S.daaS' .iZ Sul TfjS' dyopaS' 0 v€Kp6S' ePtPOLTO) and allowed his widow to bury him privately and by night. There is no mention of the precedent of Romulus. In classical Rome nocturnal burials were confined to funera acerba, that is, to those who died without leaving any heirs to inherit their race (Tacitus, Annals 13. 17. I; [Servius], ad Aen. II. 143). Normally this category would comprise those who died prematurely before reaching the age of puberty or before marriage, but it is evident that it also included slaves who by their status could have no heirs. The story of Servius' furtive burial, therefore, harks back to his servile origin and serves as an aetiology for the practice of nocturnal burial (see Rose, C.Q. 17 (1923), 191 ff.). Alternatively we may see here a hazy recollection of the decision to abandon the Forum as a burial place. The decision, with its natural corollary of draining the Forum by the Cloaca Maxima (56. 2 n.), suits the outlook ofTarquin who wished to make the city of Rome both magnificent and powerful. But in saying that Tarquin altogether prevented Servius' burial, L. has introduced a quite un-Roman practice. In Rome as opposed to Greece even criminals were permitted the decency of burial (cr. Digest, 48. 24) and Tiberius' wilful disregard of this (Tacitus, Annals 6. 29. 2) was as wanton as Tarquin's. There can be little doubt that L. has deliberately altered the version which he inherited in order to remind the reader of the fate of Polyneices. This is further underlined byemphasizing their relationship (socerum gener). Creon was Polyneices' uncle. Romulum: 16. 1-4. 49.2. armatis corpus circumsaepsit: the liquidation of political rivals and the requisition of a bodyguard were the notorious symptoms of Greek tyrants. Cf. Plato, Rep. 567 e with Adam's note; Xenophon, Hiero 5· 3. The Pisistratid parallel is again instructive. Hippias acquired a bodyguard and, after the murder of Hipparchus, TWV 7ToALTWV 7ToAAovS' €KT€LJI€ (Thucydides 6. 59. 2; [Aristotle], Ath. Pol. 19). 49. 3. neque populi iussu neque auctoribus patribus: note on ch. 17.

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49. 4. caritate . .. metu: a commonplace of tyrannies for which ef. Aristotle, Politics 1314b 2 I alooi:oS' ••• eP6{3€poS' with Newman's note. Cf. 34. 27. 3. For a picture of the perfect tyrant see L.'s delineation of Hieronymus (24. 5 ff.). quem . .. incuteret: sc. metum, a strong phrase : ef. Caelius, adFam. 8. 4.2. cognitiones: part of the traditional make-up of tyrants. Cf. Otanes' denunciation of tyranny in Herodotus 3. 80. 5. 46. 6. numero imminuto: 2. r. 10 n. 49. 7. traditum . .. morem: ut traditur . .. morem N, but a prioribus is then left in the air. L., moreover, habitually uses ut traditur &c., to introduce a variant or discrepant version (Hellmann, Livius-Interpretationen, 13) of which there is no suggestion here. Grynaeus's correction is assured. The theory that the Senate was consulted by the kings on issues of war, peace, and treaties is another constitutional fiction of the second century. It is worth noting that one of the principal issues in the civil disturbances of the last years of that century was the right of the populace to decide such issues without following the Senate's recommendation. As with so many other disputes precedents were sought in mythical prehistory. The question was still topical. Augustus was offered and, it would seem, he refused the power of making war, peace, and treaties on his own initiative. The question was clearly one that was exercising Roman minds from 30 to 23. Augustus' successors had no hesitation in availing themselves of the power; ef. Lex de imperio Vespasiani (= I.L.S. 244) .. ']oedusve cum quibus volet facere liceat ita uti licuit divo Aug. See Syme, Roman Revolution, 412. 49. 8. Latinorum: 50. I n. adfinitates ... iungebat: cf. Thucydides 6. 59· 3. 49.9. Octavio Mamilio: 3. 18. 2 n., Mamilius is a Latin name (Schulze 442), Octavius perhaps Etruscan (ibid. 201). The connexion between Tarquin and Mamilius has some confirmation from the presence of an Etruscan tomb and other Etruscan elements in early Tusculum (Conway, Italian Dialects, p. 31 I; Zoller, Latium und Rom, 251 ff.) and the turris Mamilia shows that the Mamilii were connected with Rome by regal times. It is, therefore, to be believed that the marriage together with their pedigree from Odysseus and Circe was imparted by the gens, which reached the highest honours and influence in the third century (Q. Mamilius Vitulus, cos. 262; C. Mamilius Turrinus, cos. 239), to the earliest Roman historians and that it formed a stable part of the history of the Tarquins thereafter. See F. Munzer, Romische

old Latin cities of the Alban League. It was a prominent, ifnot for a time the leading, member of the Latin League of Diana at Aricia (Cato fr. 58 P.). In marrying his daughter to Mamilius Tarquin presumably hoped to secure control of that league through Mamilius, which Servius had tried to achieve by setting up a rival and superior cult of Diana. In the struggle for power in Latium after the expulsion of the kings, Tusculum identified its interests with the Latin cities that resisted Rome's ambitious pretensions but, reconciled to Rome in the foedus Cassianum (D.H. 6. 95), became a dependable ally. See G. McCracken, T.A.P.A. 64 (1933), xlvi; R.E., 'Tusculum', with bibliography; A. E. Gordon, T.A.P.A. 63 (1932), 177-92; SherwinWhite, Roman Citizenship, 12. Ulixe ..• Circa: a pedigree of which the Mamilii were proud. Ulysses figures on the coin of a Mamilius monetal c. 150-133 and on another of Sullan time (Sydenham no. 369). Consequent on this was the belief that Tusculum was founded by Telegonus, the son of Odysseus and Circe (Festus 116 L.; Horace, Epod. I. 29 ff.; Odes 3· 29· 8; Propertius 2. 32. 4). There was a statue of Telegonus in the theatre at Tusculum (C.I.L. 14. 2649). A rival account which made Tusculum the foundation of Latinus Silvius, king of Alba Longa (Diodorus 7 fr. 4; Origo Centis Romanae 12), is to be seen as a secondcentury attempt both to discredit the Mamilii and to provide an irrefutable explanation of the latinity of the city. Such genealogizing was a marked feature of the second century. We find the]ulii stressing their descent from Venus (Sydenham no. 593), the Fabii from Hercules, and the Hostilii from Romulus. See also 2. 19. 2 n. perque eas nuptias: ef. 49. 5 perque eam causam. The repeated use of the loose and inelegant MgtS' ElPO/l,EvY] is another instance of L. 's habit of unconscious repetition (14, 4 n.). It disposes of Frigell's per quem.

I.

49· 4

I.

49. 9

Turnus Herdonius and the Latins

Alban hills near Frascati. Close by is an Iron Age necropolis. Despite its nam~, its proximity to Etruria, and the influence of Etruscan civilization upon it Tusculum was a Latin city, but not one of the

The ensuing ruse by which Tarquin secured control of the Latin League is of doubtful historicity. While it is true that Tarquin's other actions betray an aggressive policy in Latium and that his marriageconnexion with Tusculum would place him in a favourable position to dominate the affairs of the Latins, the details of the story are a curious mixture of the plausible and the impossible. On the one hand, the mention of Tusculum, Aricia, and the lucus Ferentinae fit the pattern of the late sixth century and Herdonius is an authentic Sabine name. On the other hand, the story is evidently an Aetion connected with the site of the Ferentine spring (5 I. 9 deiectus ad caput aquae Ferentinae crate superne iniecta) and belongs to a familiar class of stories which recurs in the fate of Antistius Petro of Gabii. It is myth not history. Furthermore Turnus Herdonius himself is suspect. Turnus

198

199

Adelsparteien, 65. Tusculano: the site ofTusculum has been identified on the rim of the

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TARQUINIUSSUPERBUS

is an impossible name for a man from Aricia (50. 3 n.) and in character and action he seems merely to be the double of his descendant Appius Herdonius. It would be rash, therefore, to believe more than that there was a sound tradition that Tarquin managed to extend his authority over Latium by hook or by crook-over Tusculum by marriage, over Suessa Pometia by war, and over Aricia by intrigue. See A. E. Gordon, Cults if Aricia, 1-2; Sherwin-White, Roman Citizenship, 12-13;]. Gage, Huit recherches, 21 I ff. See 3· 15· 5.

50. 2. sol occideret: the words are reminiscent of the protocol of the Senate (AuI. GelI. 14. 7. 8 Varro dicit s.c. ante exortum aut post occasum solem factum ratum non fuisse), as conveniunt frequentes is the technical expression for a crowded meeting of the Senate (Plautus, Miles 594; Cicero, Verr. 4. 87, 5· 4 1 ). 50. 3. Turnus: the name, derived from the Etruscan turan, has been interpreted to mean 'tyrant's son' or 'leader' (evidence and references in Stoltenberg, Etrusk. Gottnamen, 1957, 36-37). Although possible in a people so affected by Etruscan influence as the Rutuli (57. I n.), it rings false as the name of the leader of Latin resistance, and could hardly be a praenomen. Herdonius: a Sabine name; cf. Herdonia in Apulia (Pliny, N.H. 3. 105) which may have been a Sabine outpost. Variant forms, such as Hordianius, Hordeonius, and Hordonius, are attested from southern Italy (Schulze 256,306). Aricia: mod. Ariccia, on a spur of the Alban hills Ii miles from Lake Nemi and sixteen from Rome. A colony of Alba Longa (Solinus 2. 16) or, according to another, hellenizing, account, founded by a Sicilian Archilochus (Cassius Hemina), itsjforuit was glorious but short-lived. Not a member of the old Alban League, it appears to have built lip its own federal league which flourished for a while towards the end of the sixth century before the city passed into the orbit of Rome and

into obscurity. See G. Florescu, Ephem. Dacoromana, 3 (1925), I-57; A. E. Gordon, Cults of Aricia, 1-4. D.H. 4. 45. 4 writes Ell 7ToA", OlKWll KoptAATl generally corrected to KoptOATl' but D.H. elsewhere transliterates Coriolani as XwpdAUllO£, and J4P£Ktq. is an easy metathesis. Superbo: in Greek I;OV7TEpf3oS or, translated, 'Y7TEPTJg,UllOS. The cognomen, both on account of its connotation and because tria nomina in the regal period would be anachronistic, must have been associated with the last Tarquin when the outline features of Roman history were being fixed in the late fourth century. For a similar nickname cf. 3. 65· 4· iam ... appellabant: (I) an aside by L. or (2) an explanation by Herdonius? In favour of (I) is the use of the imperfect indicative when an oratio obliqua surrounds it, but the train of thought is decisive against it. It is most inapposite for Herdonius to say that Tarquin was called Superbus and for L. then to gloss his remark by pointing out that it was not strictly true. In fact Herdonius says: Tarquin is named Superbus, not openly perhaps but the name is gaining currency. It is part of Herdonius' assessment of the situation at Rome which is a commonplace of a people under a tyranny 'who being completely powerless cannot entirely express their criticism although they can only give furtive expression to it' (Fraenkel, Agamemnon, p. 232). For similar mutterings cf. Herodotus 8. 74. 2; Aeschylus, Agam. 449; Sophocles, Antigone 700; Pindar, Pyth. I I. 28. It is perhaps worth adding that L. only here uses the frequentative mussito for musso. L. 's partiality for the frequentative is well marked in the first decade but mussito, avoided as it is by all classical writers, seems to be chosen here as a characterizing word to convey the archaic vigour and colloquialism of Herdonius' style. It is naturally common in Plautus. 50. 4. principibus longe: longe M, but the noun is required and M is prone to such slips. 50.5. quod: sc. imperium. 'If his countrymen had reason to be pleased at their having entrusted him with that power; or if, in reality, it had been entrusted to him and not forcibly seized on through parricide; then the Latins ought also to entrust him with it; nay, not even in that case, because he was a foreigner' (Baker). 50. 6. si se audiant: 'if they took his advice'. 50. 7. intervenit: according to D.H. 4. 45, Tarquin did not arrive until the following day and the meeting was adjourned on the first day by the president. L. has telescoped the sequence of events in order to maintain the speed and intensity of the action. As a result, Herdonius' main attack on Tarquin, which in D.H. is delivered on the second day in Tarquin's presence, is transferred by L. to the first day. The material of the two speeches seems to be common to their sources: cf. especially 50. 6 and D.H. 4. 46.

200

201

1.

50.

I

50. 1. ad lucum Ferentinae: in full lucus ad caput aquae Ferentinae; long identified with a spring near Marino (H.]. Muller's note) but it is clear from 2. 38. I that it lay close to the line of the later Via Appia. Remains of an archaic shrine have been found south of mod. Ariccia in the Valle Ariccia where Lake Nemi has an outflow and these have been plausibly identified as the site. It is not, of course, to be confused with the main grove and shrine of Diana at Aricia which lay some 500 yards north-east of Lake Nemi, but it is likely that it was an alternative meeting-place for the league and was selected for its greater convenience. It is inconceivable that the Latin League of Diana and the assembly at the lucus Ferentinae were not the same. See Hulsen, R.E. 'Ferentina aqua'; Paribeni, Not. Scavi, 1930, 370-80; A. E. Gordon, Cults

if Aricia, 16-17·

1.

50. 3

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TARQUINIUS SUPERBUS

50.8. silentiofacto: a favourite device ofLo's (3.47.6 n.). disceptatorem: there is no trace of this in D.H., where Tarquin merely ascribes Herdonius' behaviour to jealousy and pique at failing to win the hand of Tarquin's daughter. 50. 9. ab Tumo tulisse tacitum: taken to mean 'they say that neither was this remark ofTarquin passed without comment by Turnus', i.e. Tarquinium tulisse id tacitum ab Tumo and 3. 45. 6 ut tacitumferas quod celari vis is quoted in support. The word-order, tacitum separated from ab Tumo, and the abrupt change of subject between tulisse (Tarquinius) and dixisse (Turnus), without any warning or indication, argue against the reading and 3. 45. 6 is hardly an exact parallel, since tacitum has no prepositional phrase dependent on it andferas is used of carrying out proposals or plans whereas here tulisse cannot refer to a proposal to adjourn the meeting till the following day and has to be regarded as an equivalent of dixisse. We expect tacitumferre = tacitum pati, with Turnus as the subject (5. 28. 1, 35. 1g. 1) and the correction of ab Tumo to Tumum, already made in the Renaissance, seems inevitable. I t also eliminates the harsh change of subject. ni pareat patri, habiturum infortunium esse: characterizing language to suit the speakers. infortunium is common in Plautus (Merc. 165) and Terence (Adelphi 178) of the scrapes that slaves become involved in. It then disappears from Latin except for the present passage and Horace, Ars Poetica 103 (apart from later archaizers like Apuleius). tunc tua me infortunia laedent, Telephe vel Peleu, where the poet is stressing the importance of tragic character speaking tragic language: he continues male si mandata loqueris aut dormitabo aut ridebo. So here L. by his choice of words put in the mouth of Herdonius contrives to reproduce the colloquial language of archaic times.

if Herdonius was a citizen of Aricia he would not have spent the night under his own roof. The inconsistency points to the story having been inserted at a later date into the legend. 51. 3. una nocte: 25.35. 7; Caesar, B.G., 5. 58. 1 : the quantity ofarms was so enormous that it was an achievement to have smuggled them all in during the course of a single night. D.H. 4. 47 merely says U7TO vVKTa glePYJ 7T0'\'\0. • • • dUElJEyKELV ds T~V KaT6.)..vuLv from which Hachtmann proposed prima nocte but the need for silence and stealth should be taken into account. moram ... saluti .. .fuisse: not in D.H. So Cicero claimed that his vacillation and delay in taking action against Catiline was in reality a divinely inspired device to reveal the full extent of the conspiracy and so ensure the safety of Rome (in Gatil. 3. 16-22). 51. 4. populorum: sc. Latinorum. Note the positions of the main verbs in the oratio obliqua standing at the head of their sentences (ab Tumo dici . . . adgressurum fuisse . . . non dubitare . . . dici . . . rogare eos) , emphasizing the abrupt and harsh tone of Tarquin's remarks, an effect strengthened by the alliteration primoribus populorum parari. See A. Lambert, Die indirekte Rede, 25. 51. 7. inclinatis animis: cf. Tacitus, Rist. 2. 1. 2 (Fletcher). 51. 9. novo genere crate supeme iniecta: 4. 50. 4, the punishment was evidently peculiar to the Carthaginians to judge by Plautus, Poenulus I025-6 (Milphio to Hanno) 'sub cratim ut jubeas se supponi, atque eo Ilapides impone multos, ut sese neces'. Cf. also Tacitus, Germania 12. 1. Vegetius 3. 4. It is therefore reasonable to suppose that the manner of Herdonius' death was only precisely defined when Carthaginian habits were familiar to the Romans, that is, after the First Punic War. It will be an invention by the first generation of Roman historians.

I.

50. 8

51. 2. The stratagem by which Herdonius was caught and falsely accused owes much to a stirring episode in the Catilinarian conspiracy when the house of C. Cethegus was broken into and a large quantity of arms discovered. Cf. Cicero, in Gatit. 3. 8. deversorium: cf. 51. 8 deverticuli (in the literal sense of an inn, only there and Tacitus, Ann. 13. 25, in classical Latin). It is implied that there were a number of semi-permanent refuges or inns built near the lucus Ferentinae to house the delegates from other Latin states, not unlike the national treasuries at Delphi, but the grove is so close to Aricia that it is hard to see why the delegates did not obtain accommodation and food in the town itself. It is even harder to believe that 202

I.

51. 2

52. 1. parricidio: see n. on ch. 26. verba fecit: the formula for proposing a resolution in the Senate, geD-erally abbreviated in documents to v.]. 52. 2. [in] eo foedere teneantur: 24. 2g. 11 teneri alienis foederibus; cf. Cicero, pro Gaec. 41. in may be regarded as a dittography. There is something in favour of Scheller's iam. quod ab Tullo: this, the reading of the manuscripts, is accepted most recently by Bayet where it is translated 'puisque depuis Tullus l'E-tat albain ... etait annexe'. a(b) with the name ofa person in the sense of 'from the time or reign of so-and-so' is, however, confined in Latin to a few precise idioms: (1) where it is associated with ad, as, e.g., Cicero, Brutus 328 ille a Grasso . .. ad Paullum jloruit; Quint. 1. 10. 30 et at.; (2) where there is a defining adjective as, e.g.,!. 17. IO qui secundus ab Romulo numeretur; Val. Max. 5. 10 ext. 2 et at. The nearest approximation 2°3

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TARQUINIUS SUPERBUS

to the present passage is Pliny, N.H. 12. I I I a Pompeio Magno in triumphis arbores quoque duximus but, after duco, a there has also some derivative force. In view of this, and the further fact that eo requires

Latium and Campania. There is no reason to doubt the traditional chronology of their invasion, which is confirmed by the archaeological evidence from Velitrae. See Conway, Italic Dialects, p. 267; J. Whatmough, Foundations if Roman Italy, 300; E. T. Salmon, Q.e.D. S.V. Suessam Pometiam: 41. 7 n. It is listed as a member of the league of Diana at Aricia in Cato fro 58 P. populus . .• Pometinus. If that dedication is prior to Tarquin's usurpation of the control of the league, there is enough time for Pometia to have fallen into the hands of the Volsci. The plea that a member-community must be liberated from the grasp of a foreign power would have made a good talking-point for Tarquin to secure the goodwill ofthe other associated communities. The tradition, therefore, that the first act of the new alliance was to recapture Pometia makes historical sense. After the expulsion of the Tarquins and the disintegration of that alliance it lapsed into Volscian hands again. 53.3. dividenda praeda: the reading of the archetype has been unduly neglected by editors in favour of divendita or divendenda (Gronovius). When the proceeds are realized from the distribution of booty, divido frequently comes to mean the same as divendo. Cf. 4. 16. 2, 31. 4. 6, 31. 50. I; Suetonius, Julius 54. 2. quadraginta talenta: 55. 8-9 nn. 40 talents was the figure given by Fabius Pictor. of'.' N eVI'dentIy h ad t he d'Ittograp h y re jecisset . .IS rf!Jectsset: . but -cepzsset

r. 52. 2

a correlative and that a single treaty was made in 24. 4 which presupposed not a gradual secession but a once-for-all transference, there should be no hesitation in accepting Drakenborch's quo sub. 52. 3. id . .. censere ut: the accepted phraseology was ita censere ut, and so it is transcribed in all extant senatus consulta (cf., e.g., ad Fam. 8. 8. 5). id censere ut is not found. It is, therefore, advisable in the light of the parallel being drawn between the procedure of the Latin assembly and the form of debate in the Senate to amend id to ita or else delete it altogether (Ussing, Madvig). Take utilitatis omnium causa together. Anco: 33. I ff. patre: 35. 7 fr. 52. 4. in eo joedere: ea by a misprint in the O.C.T. et Turnus . .. erat documentum: ef. e.Q. 9 (1959), 212. 52. 5. jrequentes: 50. 2 n. 52. 6. secretum: 'individual'. miscuit manipulos: the military organization is, of course, anachronistic but this would not be remarkable were it not that nowhere else is there found a tradition of mixed companies. On every other occasion (2. 64. 10, 3. 22. 4-5, et at.; cf. Mommsen, Staatsrecht, 3. 618 n. 4), the allies form separate contingents. The very oddity suggests the survival of an old, if garbled, detail of fact, a memory of a determined attempt by Tarquin to impose an artificial unity on his Latin empire; or it may be, as Mommsen suggests, an echo of the emergency measures necessitated by the Social War or of a proposed military reform. ex binis singulos: the manipulus oflater times consisted of two centuriae. Tarquin took a Latin half-manipulus (i.e. a centuria) and combined it with a Roman half-manipulus to form a single new manipulus. Military Activities

if Tarquinius Superbus

r. 53.

2

ceptsset

a mere anticipation of concepit. Iovis templi: the archaeological evidence 56. I n.; for the dedication 2.8.6 n. quae digna ... Romano imperio ... esset: preoccupation with the external pomp and magnificence of new cults is a familiar feature of tyrannies (see Andrewes, The Greek Tyrants, 113-4) but sentiments such as these savour much more of the prophecies of a later age. See note on 55· 5· captivam pecuniam ... seposuit: 55. 7 n.

53. 1. rex . .. dux: for the Augustan overtones of these words ef. Syme, Roman Revolution, 311-12. The antithesis is traditional; cf. [Sallust], Epist. I. I. 8; Philo, Leg. Alleg. 3. 81; Vell. Pat. 2. II. I quantum bello optimus, tantum pace pessimus (Skard 9). degeneratum in aliis: 'his degeneracy in other respects'. The use of the neuter passive part. as a substantive is a development of Augustan language in its search for greater flexibility. Cf. 4. 16. 4, 7. 8. 5. See R. D. Williams on Virgil, Aeneid 5. 6. 53. 2. Volscis: 23. 8 n. The Volsci were a northern people with Umbrian and possibly Illyrian affinities who towards the end of the sixth century descended from the Apennines on to the coastal plain of

;Beyond the mere occurrence the details of the fall ofGabii are entirely imaginary. They are a conflation of two episodes from Herodotus, Zopyrus and the Capture of Babylon (3. 154) and the communication between Thrasyboulus and Periander (5. 92. 6). The insertion of two luch episodes from Greek history into Roman annals to provide flesh and blood to an otherwise emaciated fact must belong to the earliest (third-century) generation of historians. It will have undergone little alteration at the hands of later writers, but L.'s treatment of it, in

2°4

2°5

Gabii

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TARQUINIUS SUPERBUS

comparison with D.H., is indicative of his literary methods. 'L. first outlines the initial attempts of Tarquinius Superbus to seize the city by storm and blockade; Dionysius' lengthy version indicates the scope of L.'s compression. L.'s central description depicts the simulated desertion of Tarquinius' son Sextus, his energetic activity within the town of Gabii, and his appointment there as army commander. ... The action centres on Sextus. Dionysius recounts a long story of a messenger sent by Sextus to his father regarding instructions which Superbus gave by the cryptic decapitation of poppies; L. adverts to this in a single sentence and instantly refocuses the attention on Sextus. Finally, L.'s brief conclusion records only the betrayal of the town to the Roman king without the details of the treatment of the captive town which Dionysius outlines' (Walsh). L.'s version was used by Ovid as the basis for Fasti 2. 685-852, though for metrical reasons he substitutes lilies for poppies. See E. Zarncke 286; Pais, Ancient Legends, 177; Burck 183; P. G. Walsh, Livy, 179; and the criticisms ofR.]umeau, R.E.A. 38 (Ig36), 64-65. 53. 4. excepit deinde eum: eum, omitted by M, seems required. Cf. 6.42. g; Vell. Pat. 2. 55. 2 Caesarem gravius excepit (bellum). Gabios: near the mod. Torre di Castiglione, a commanding site with an acropolis, 12 miles from Rome (Itin. Anton.; Strabo 5. 238; Appian, B.C. 5. 23). Although the extant masonry is hardly earlier than the third or fourth century the antiquity of the foundation is confirmed by the discovery of pottery going back to the seventh, which has close affinities with contemporary Alban pottery, thereby supporting the tradition that Gabii, although not a member of the Alban League, was a colony ofAlba (D.H. 1.84; Virgil, Aeneid 6. 773: Sicel, according to Solinus 2. 1O-its name, like Pompeii, may be formed from a family name). It certainly lay in the Roman orbit during the early years of the Republic (3. 8. 7, 6. 21. 6) but after making a desperate bid for independence in the fourth century (Macrobius 3. g. 13), it fell rapidly into decay, except for an ephemeral veteran colony planted there by Sulla. Its name was only remembered as a proverbial example of desolation (Lucan 7. 391-3). For further evidence of Augustan interest in it see 54. 10 n. See also T. Ashby, P.B.S.R. I (1902), 148 ff.; G. Pinza, Bull. Comm. Rom. 31 (Ig03), 32 I ff.; Weiss, R.E. 'Gabii'; M. E. Blake, Ancient Roman Construction, 108-11. minime arte Romana : notice L.'s prim patriotism of which there is no trace in D.H. fraude ac dolo: a regular conjunction from Roman law: cf., e.g., 22.23.4; Plautus, Pseudo 705; Cicero, pro Flacco 74: see Lenel, Edictum, 114, n. 12.

53. 5. fundamentis .. ·faciendis: iaciendis Vascosanus. It is difficult to differentiate f. facere and f. iacere, but the former seems to be almost technical in sense-the manual construction of the foundations (Cato, de Re Rust. 18. 3 et al.; C.I.L. 1. 1522, Tacitus, Hist. 3. 72; Vitruvius I. 5. I fundamenta sic suntfacienda uti fodiantur ad solidum )-whereas the latter is the neutral term for describing such construction (cf. 12. 4 fundamenta ieci; Seneca, Dial. 12. 7. 5; Epist. 8g. 2I). iaciendis is certainly the more appropriate in meaning here. minimus ex tribus: the other two were Titus and Arruns (56. 7). D.H. f?ur times distinctly makes Sextus the oldest (4. 55, 63, 64, 65) and CIcero (de Rep. 2. 46 calls him maior) but Ovid, Fasti 2. 6g1 namque trium minimus, shows that the text of L. is sound (maximus C. Appleton). If there is any historical truth in the tradition that Sextus reigned at Gabii, it is to be presumed that he was the eldest son but his being the youngest is dramatically more exciting. transfugit ... conquerens: Herodotus loco cit. (Zopyrus speaking) aUToJLoA~aw ..• Kat
1.

53· 4

206

20 7

I.

53. 5

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distinguished from the formula in 4.42. 8.n.) It is c~mmon in Plautus (see Duckworth on Epidicus 305) but aVOIded by CIcero and Caesar. Significantly it is used in an outspoken remark of M. Antony, quoted by Cicero, Phil. 13· 35· . incensus ira: irifensus ira is given by themanuscnpts ?nly here and 2. 12. 12 (cf. 7. 27. 6). It does not occur in an,: ot~er Lab? ~uthor, and elsewhere in L. when an abl. is associated wIth mfensus It IS alwa~s ~n abl. abs. (5. 36. I I, 33. 47. 3). It might be defe~ded as under.lmmg the dangers latent in Sextus' wrath rather ~han ItS .he~t; but It ap.pears advisable to adopt Madvig's incensus. mcensus Ira IS frequent m all periods (Plautus, Asin. 420; Cicero, pro Milone 56; Bell. Afr. 85· 6; other examples in Thes. Ling. Lat. 869. 18 ff.).

54.6. credo: an explanation by L. himself (46. 5 n.) which has no place in the narrative of Herodotus. 54. 7. ut re imperfecta: some doubt attaches to these words which should mean 'thinking his job half-done', whereas the sense demands 'thinking his mission abortive'. re imperfecta does not seem to occur elsewhere in classical Latin and the suspicion arises that it is a mere mistake for the common re infecta (5. 4. I ; Caesar, B.G. 6. 12.5, 7· 17· 5

x. 53.

10

54. 1. adsentire: the active for dep. is found only here in.L. ~n~ a unique form of this kind might be expected to have a specIal .sI?m~­ cance. Since none can be detected or invented (Sext. TarqumlUs. IS talking in the ordinary style appropria~e to a public or s:natonal meeting: cf. 32.12 n.), it is easier to beheve that.t.he mood IS due to an assimilation of endings-adsentire se for adsentI'.I se. .At 4 I. 24· 19 adsentierant is rightly emended to adsensi erant (FremsheIm). adsumere: 'claimed'. 54.3. proelia parva: Zopyrus had arranged sham battles at 10, 7, and 20 days' interval. . . ' dono deum ... missum: the language IS suggestIve of a pubhc thanksgiving (Cicero, pro Archia 18; Suet. Vitellius 7· 3)· 54. 4. obeundo pericula ac labores: the hallmark of the model Greek general. Notice, for example, the advice of his father ~o the young Cyrus (Xenophon, Cyr. I. 6.25).
1.54.6

et al.). vocem emisisse: Tarquin's whole performance was oracular, and is de~cribed accordingly. Cf. 5. 51. 7; Vell. Pat. I. 10.5 vox veluti oraculo emIssa. 54. 8. tacitis ambagibus : cf. 55. 6, 56. 9, 5. 15. 5; cf. Virgil, Aeneid 6. 99. sua ipsos invidia opportunos: 'who were vulnerable by the odium which

they had themselves incurred'. 54.9. patuit .. .juga, aut . .. acti sunt: the change of subject is remark-

able but not unparalleled (35. 9). I t seems to underline the variety of methods by which Sextus Tarquinius rid himself of potential rivals. Novak deleted aut . .. acti sunt; Strothius proposed alii for aut. 54.10. consilio auxilioque: a favourite jingle of Cicero's (A. Bloch, Mus. Helv. 15 (1958), 136-8). Gabina res . .. in manum traditur: the ancient tradition (cf. D.H. 4. 57· 3) is unanimous that Gabii was absorbed by Rome not as a result of direct conquest but by negotiation, and D.H. adds that the details of the treaty were preserved on a leather shield in the temple of Semo Sancus Dius Fidius (Horace, Ep. 2. I. 24; Fe3tus 48 L.). The tradition is corroborated by the curious position enjoyed by Gabine institutions in the history of Rome (e.g. 8. 9· 9, 10. 7. 3; Cato ap. Servius, ad Aen. 5. 755 Gabino ritu: Varro, de Ling. Lat. 5· 33 ager Gabinus) which suggests that in the fusion Gabii was negotiating from a position of greater strength than the Roman historians care to allow (Sherwin-White, Roman Citizenship, 18). Historically such a fusion could not be later than the end of the sixth century so that the main facts of the tradition are beyond dispute. The leather shield treaty, alleged to have been seen by D.H., is more suspect since the temple of Semo Sancus also contained what purported to be the distaff and spindle of Tanaquil (Pliny, N.H. 8. 194). The name and the provenance of the deity are still as yet unexplained but an archaic feature of the ritual was the dedication of wheel-shaped disks as an offering from a conquered city. urfeta (wheel-shaped discs) are associated with Fiosovius Sancius in the Iguvine tablets. So orbes aenei were placed in the temple ofSemo Sancus in 329 B.C. after the destruction ofPrivernum (8.20). The alleged spindle ofTanaquil would have been circular and 10 was the shield from Gabii. Since it is scarcely credible that an inIcription of the fifth century would have been understood by a Roman 814432

20 9

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of Cicero's day, it seems safest to assume that the 'shield' from Gabii is in fact comparable with orbes aenei from Privernum, as a trophy from the capture of Gabii in the Latin War of the fourth century. See further Wissowa, Religion, 130; Norden, Altriim. Priest., 204 fr. ; E. C. Evans, The Cults oj Sabine Territory, 237-40; Weinstock, J.R.S. 36 (1946),105 n. 19. I have also considered the custom by which Olympic chariot victors dedicated a wheel inscribed with their own and their city's names (Pindar, Olymp. 5. 15, I I. 8, 13· 35)'

Lactantius, Irist. I. 20. 37). The origin of the legend is obscure but, as in Greece, there was a primitive law, ascribed to Numa, forbidding the removal of boundary-stones (Festus 505 L. qui terminum exarasset, et ipsum et boves sacros esse). Such a law is a necessary protection of private property and its antiquity at Rome seems established by the ancient cippus of c. 500 B.C. (= C.I.L. 12 • I) found near the Lapis Niger in the Forum whose opening clause quoi hoi . .. sakros essed is restored to give the sense ofNuma's law. (F. Ribezzo, Riv. Ind.-GrecoItal. 17 (1933), 73; Goidanich, Mem. Ace. d'Ital. 3 (1943), 317 fr. ; C. J. S. Marstrander, Symb. Oslo 37 (1961), 146 fr.). It was natural that a divine sanction should be invoked for such a regulation and the role played by ZEUS uOpws in Greek religion was fulfilled at Rome by the association ofTerminus withJuppiter Capitolinus (hence in later inscriptions Juppiter Terminus or Terminalis). From this beginning the legend of the god who would not be moved was evolved. See further Wissowa, Religion, 136; Frazer on Ovid, Fasti 2. 639 fr.; Platner-Ashby s.v.; Marbach, R.E., 'Terminus'. For the subsequent interpolation of Juventus (also in D.H. 3. 69) as another deity who would not be moved see 5. 54. 7 n. The Periocha Ia gives Termonis (Pithoeus) et Iuventae arae moveri non potuerunt but there is no question of our text of L. being defective. 55. 5. caput humanum: a fuller account was given by Valerius Antias, which L. has utilized but abbreviated (Pliny, N.H. 28.15; cr. [Servius], ad Aen. 8. 345 ; Arnobius 6. 7). 'Cum in Tarpeio fodientes delubro fundamenta caput humanum invenissent, missis ob id ad se legatis Etruriae celeberrimus vates Olenus Calenus praeclarum id fortunatumque cernens interrogatione in suam gentem transferre temptavit scipione determinata prius templi imagine in solo ante se : "hoc ergo dicitis, Romani? hie templum Iovis optimi maximi futurum est, hie caput invenimus?" constantissima annalium adfirmatione transiturum fuisse fatum in Etruriam, ni praemoniti a filio vatis legati respondissent: "non plane hie sed Romae inventurn caput dicimus".' The detailed development ofthe myth, which has much in common with 45. 2-7, is analysed by Weinstock, R.E., 'Olenus'. Starting as an aetiological explanation of the name Capitolium (= Caput Oli or Olis-a latinized form of an Etruscan name; see Schulze 73) it may have come to be regarded as symbolizing the hold of Rome over an enemy, for the head is the dominant part of a person and to control the head is to'neutralize that person (10.26. I 1,24.15.4; cf. St.John's on a charger, orGorgo's). But heads could also be oracular-notably the head of Orpheus (Dodds, Greeks and the Irrational, 168 n. 78). In the third century, when the wars with Pyrrhus and Carthage taxed the resources of Rome and challenged her morale, the myth of the Capitolium took on a new prophetic guise, assuring Rome of ultimate mastery-eaput rerumJore

I.

54.10

55. 1. pacem cum Aequorum gente: hostilities are implied but not stated in 53. 8 . Joedus cum Tuscis: 42. 2 n., presumably a renewal of the truce which had then expired. monte Tarpeio: I I. 5-9 n., denoting either the whole Capitoline hill (Varro, de Ling. Lat. 5. 41; Propertius 4. 4. 93) or, as here, merely the Capitolium (Suetonius, Julius 44; ad Herennium 4· 43)· Tarquinios ... perfecisse: dependent on monumentum. The style is epigraphic. Cf. Dessau, I.L.S. 129 (Pantheon) M. AgrippaL.F. Cos. Tertium Fecit and, for the use of patrem ... filium , 4318 Antonii Mariani pater et filius. But no real inscription is intended since the temple was not dedicated till the Republic and any such inscription could not have survived till the first century (A. A. Howard, Harvard Studies 3 (1892), 185-6). vovisse: 38 . 7. 55. 2. exaugurare Jana sacellaque: Cato fro 24 P. :Jana in eo loco compluria Juere: ea exauguravit, praeterquam quod Termino Janum Juit: id nequitum exaugurari; Servius, ad Aen. 9.446; Augustine, Civ. Dei5. 2 I. The building of the temple probably did involve the destruction of a number of other buildings but there is no record of any shrines or temples other than Terminus (see below) of greater antiquity on the Capitol. It is possible that there were private cults which had to be moved butitismorelikely that the tradition concerning Terminus demanded that some shrines were uprooted. Certainly no such temples are attributed to Tatius and it is fanciful to see here discrimination against Sabine or patrician cults. 55.3. movisse numen: not 'exerted their power' but literally 'moved a nod' i.e. 'signified their will'. numen is used in its literal sense-the will of the deity displayed by a nod (cr., e.g., 7. 30 . 20; Lucretius 3· 144; Catullus 64. 204 with Fordyce's note; cr. the Homeric KaTavEvw and dvavEvw). The literal meaning survived only in sacral contexts (monuisse numen Ruperti; movisse omen Ruhnken). aves: 'to divine whether the deities were willing to leave their native shrines'. For the procedure of evocatio see 5. 2 I. I n. in TerminiJano: a shrine consisting of a rude stone (Servius loco cit. ; 1110

211

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portendebat. That this explanation of Capitolium belongs to the third

depict Rome as a second Athens. Piso may have been led to correct the figure of 40 talents to 400 either because it seemed too small for such an undertaking or in the light of the cost of the restorations of 179 B.C. ~40 .. 52. 3) ?r I~2 B.C. (Pliny, NoH. 33. 57; cf. 36. 185). 55.. 9. pzsom: the hlstonan L. Calpurnius L.f.Gn. Piso Frugi (Censonus), cos. 133 B.C. and censor 120 B.C., for whose historical work see Introduction. Since he wrote in Latin whereas Fabius wrote in Creek he gives the figures in their Latin denomination. ' summam: read, with Hayley, nullius ne horum quidem magnijicentiam operum [fundamenta] non exsuperaturam. The run of the sentence necessitates that nullius be taken with ne horum quidem ... operum, 'none even of contemporary constructions'. It is equally plain that the contrast is between the magnificence of modern buildings and the mere foundations of an ancient temple. L.'s remark loses all its point if he is made to compare the foundations of the Capitoline Temple simply with Augustan foundations (Frigell). He is stressing that Piso's figure is colossal, amply large enough even in present conditions of inflation to provide for a fine building, let alone a foundation in primitive times. The manuscripts read magnijicentiae but magnijicentiam is what should be expected (with operum; cf. 57· 1,45.28. 4; Vitruvius 6. 5.2; Pliny, N.H. 7. 94)· In that casefundamenta must be a gloss from 55.7 above. Translate 'a sum of money which could not be expected from the booty of a single city of those days and which would be more than sufficient even for the magnificence of any modern buildings'. quia is found in the manuscripts before summam. quia is not used as quippe (read here by Bekker, Frigell, Bayet; ~f. 3. 53· 2) without a verb to introduce a clause in apposition. Scribal mterpolations of this kind designed to make the connexion of thought clearer can be detected at 2. 58. 5 and 4· 44. 3. See further C.Q.. 9 (1959), 21 4.

I.

55· 5

I.

55. 8

century and little earlier seems established by its association with a comparable myth about Carthage that at the foundation of that city the heads of an ox and of a horse were found (Servius, ad Aen. I. 443 ; Justin 18.5. 15) from which it was inferred that et bellicosa est Carthago per equi omen etfertilis (or serva) per bovis. Moreover, the scene of the discovery of the head on the Capitolium appears in profusion and for the first time as a motif on Italian gems which can hardly be dated before the third century (Furtwangler, Die antiken Gemrr.en, 3. 245 ff. ; Beazley, The Lewes House Collection of Ancient Gems, no. 87). It was treated at length by Fabius Pictor (fl'. 12 P.), doubtless for propaganda reasons, but received its final form at the hands of Valerius Antias who may also be responsible for transferring the prodigy from Tarquinius Priscus to Tarquinius Superbus. For L. it is not important. His treatment is cursory and anonymous. 55. 6. caput rerum: 45. 3 n. 55. 7. Pometinae: Pomptinae, the reading of the archetype, is preferred by M. Chio (Riv. Fi!. Class. 29 (1951), 7) on the implausible ground that Ennius is L.'s source here and Pi5metinus is impossible metrically in hexameters, but it is more likely either that Pomptinae is a scribal error for the rare Pometinae (Cato fr. 58 P.; D.H. 4. 50: cf. A. Rosenberg, Hermes 54 (1919), 154) or that the forms were in fact used interchangeably by Romans (cf. C.I.L. 6. 3884 Poment. for Pompt. ; see Philipp, R.E., 'Suessa Pometia'). Pometinae manubiae: this is not at variance with Valerius Antias fl'. I I P.: oppidum Latinorum Apiolas captum a L. Tarquinio rege, ex cuius praeda Capitolium is incohaverit, nor is there any justification for assuming with Pais that the two versions are doublets (amov = pomum). Tarquinius Priscus used the spoils of Apiolae for his enterprise. The work was interrupted. Superbus continued it with the spoils from Pometia. 55.8. Fabio . .. quadraginta . . . talenta: D.H. 4. 50 and Plutarch, Publicola 15, follow Piso in giving the larger figure (roo lb. = I talent; but cf. 38. 38. 13) but it is legitimate to inquire how the two historians could arrive at any figure, let alone discrepant figures. In the absence both of coinage and of contemporary documents any estimate must have been founded on a comparison with the cost of some famous building. The temple of Juppiter Capitolinus enjoyed at Rome the status that the cult ofAthena Parthenos had in Athens. It is, therefore, perhaps no accident that Thucydides records the weight of gold on Pheidias' chryselephantine statue as 40 talents (2. 13. 5: for the variant figures given by Philochorus and Diodorus see Comme's note). Thucydides is giving a round figure (cf., e.g., Aristophanes, Plutus 196) but it would have been the figure familiar to anyone interested in Athenian antiquities like Fabius Pictor, concerned, as he was, to

56. 1. fabris undique ex Etruria accitis: tradition names Vulca of Veii as the ar~ist resl?onsible for the cult-image (Pliny, NoH. 35. 157) and other V:lan artists as the craftsmen of the terracotta quadriga on the apex (Plmy, N.H. 35. 157) and, although only the foundations and two small. terracotta fragments survive from the original temple, they are sufficient to co~firm. the traditional descriptions of the temple (D.H. 4· 6r. 3 ff.; VltruVlUS 3. 3· 5) as a work of Etruscan style-Doric hexastyle, 55 metres by 60 metres, with lower courses of capellacio and superstructure largely of wood faced with terracotta decorations. After the fire of6 July 83 B.C., the temple was restored by Q. Lutatius Catulus on the same plan but with a higher elevation (Tacitus, Hist. 3· 72 ; Val. Max. 4· 4. I I) and, as such, it is depicted on several Republican coins. It was restored at great expense by Augustus in

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26 B.C. (Res Gestae 20) and the absence of any allusion to that restoration indicates that the present passage was written before 26 B.C. (56. 3 n.). For fuller details see Platner-Ashby s.v.; Scott, Mem. Am. Acad. Rome 7 (1929), 95- 116 ; A. Andren, Architectural Terracottas from Etrusco-Italic Temples, 335-6; G. Lugli,].R.S. 36 (1946), 3; P.]. Riis, Etruscan Art, 120; E. H. Richardson, Mem. Am. Acad. Rome 21 (1953), 83; A. Andren, Hommages a L. Herrmann, 91 ; A. Boethius, The Golden House of Nero, 14-19. operis: the conscription of labour is credible enough. Lacking slaves (cf. 2. 4. 5), Rome had no other means of undertaking such works (Clerici, Economia e Finanza, 525 ff.). militiae; dat. 'when this work, far from light in itself, was added to military service'. 56. 2. foros: 35. 8 n. The stands are also attributed to Superbus by D.H. 4. 44. 1 ; de Viris Illustr. 8. 3. cloacam . .. maximam: 38. 6 n., ascribed unanimously by ancient authors to Superbus (Pliny, N.H. 36. 104), the main sewer of Rome started in the Argiletum and carried the waters from the Esquiline, Viminal, and Quirinal through the forum to the Tiber. Originally an open ditch (Plautus, Curculio 476), it was first enclosed in the third century. The chief effect of its construction was the final drainage of the forum which now for the first time became available for largescale building. Preliminary draining had been begun several decades earlier after which the forum ceased to be used as a graveyard. These two stages, corresponding to the works of Priscus and Superbus, can be dated archaeologically to c. 620 and c. 570, although the earliest extant capellacio work seems to belong to the post-390 period (see T. Ashby, C.R. 15 (1901), 137-8; Blake, Ancient Roman Construction, 122-3) . nova haec magnificentia: to what does 'our modern magnificence' refer? It is generally taken to be an allusion to the splendour of the imperial city of Rome as a whole contrasted with the achievement of Tarquin in constructing the Cloaca and embellishing the Circus: but such an allusion is at once too sweeping and too vague. The context points clearly to a contrast between the initial achievement of constructing the two great works and the lesser achievement of bringing them to their present state of magnificence. If so, it presupposes recent work both on the Cloaca and on the Circus. We know that Agrippa in his aedileship (33 B.C.) cleaned out and navigated the sewers (Dio 49. 43, TOVS lmovo/LOVS €g€Kaf}-ryp€; Pliny, NoH. 36. 104). There is dispute whether Agrippa also repaired and improved them but since Strabo (5. 235 J)v (i.e. sewers, aqueducts) TTA€{aTYjv €7Tt/LiA€tav €TTOL+ aaTO M. }4YP{TTTTas) suggests that he did and since a large section of the extant Cloaca is Augustan in date, it seems reasonable to suppose

that in 33 B.C. he did carry out an extensive inspection and restoration. As for the Circus, we know that it was damaged by fire in 31 B.C. (Dio 50. 10) and that this damage was confined to fori since Augustus records only the restoration of the pulvinar ad circum maximum (Res Gestae 19; ef. Cassiodorus, Var. 3. 5 I. 4). L. is comparing the glory of the new pulvinar with the achievement of the first fori. The reference of nova haec magnificentia is, therefore, clear: it is limited to the fori and the cloaca, and the words provide another indication that Book 1 was written in the period 29-28 B.C. See Platner-Ashby s.vv.; F. W. Shipley, Agrippa's Building Activities in Rome, 17-18; A. Andren, Hommages a L. Herrmann, 94-95. 56. 3. exercita plebe: an old part of the tradition, already related by Cassius Hemina fr. 15 P. usus non esset: usui non esset Cornelissen; ef. 42. 27. I. Signiam: 2. 2 I. 7, mod. Segni, a town lying on the edge of Latium between the Via Appia and Via Latina and occupying a commanding height in the Latin salient between the Aequi and the Volsci. The earliest remains discovered on the site may perhaps be as old as 500 although the polygonal stonework should probably be dated to the fourth century. The foundation of a colony by Tarquinius is, therefore, to be regarded as apocryphal while that in 495 can be accepted. The later date also suits the political climate of the early fifth century when the need for such an outpost became acute. On the other hand, the notice of Tarquin's operations may be a confusion with hostilities undertaken by him against an indigenous population of Latins in Signia. Throughout its history, in the Punic Wars (27. ro. 7) and in the Civil Wars (Plutarch, Sulla 28), Signia was a strategic point. See further Delbriick, Das Capitolium von Signia; Philipp, R.E., 'Signia'; Blake, Ancient Roman Construction, 96. Circeios: mod. Mte. Circello. The early history ofthe town is obscure. Diodorus (14. 102; ef. [Scylax], Periplus 8; 5. 24. 4 n.) dates the first Roman colony at Circeii to 393 B.C. and that date agrees with the archaeological remains so far discovered (T. Ashby, Mel. d'Arch. et d'Hist. 25 (1905),157-209; Blake, Ancient Roman Construction, 94). Against that, the KLpKaLLTwv (Polybius 3. 22. I I with Walbank's note) are mentioned in the Carthaginian treaty of 508 B.C. and Circeii appears as a colony in the account of Coriolanus' campaigns (2. 39. 2), when they passed under Volscian control (Plutarch, Coriolanus 28). They were still liable to side with the Volscians in the fourth century (6.12.6,13.8,17. 7;cf.D.H.5.61). It is possible that, as in the case of Signia, there was a Latin community at Circeii which was subjected to Tarquin and under Etruscan influence concluded the treaty with Carthage. Its Etrusco-Latin career was too short-lived to leave any mark archaeologically and it was only when the site was finally

21 4

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recovered from the Volscians in 393 that a colony could be established there. For its later history see Hiilsen, R.E., 'Circeii'.

The Snake Portent and the Consultation Q/ Delphi That there was contact in the sixth century between the leading Etruscan cities and Delphi is proved both by the story that after the Battle of Alalia the inhabitants of Caere (ltyvAAatot) sent a penitential embassy to Delphi (Herodotus I. 167) and by the clear evidence that Caere had a treasury at Delphi from the earliest times. Moreover, the Tarquins are closely associated with Caere (60. 2 n.) and indeed may be derived from Caere rather than from Tarquinii (34. I n.), so that the remark of Cicero (de Rep. 2. 44 institutis eorum a quibus ortus erat dona magnifica . .. Delphos ad Apollinem misit) may well be historically true although not confirmed from the Greek end, and that from the known connexion of the Tarquins with Delphi the story which we find developed in L. was evolved (cf. Cicero, Brutus 53; Ovid, Fasti 2. 71 Iff.; Val. Max. 7. 3. 2); for that story is certainly no more than an assemblage offolk-tales (56.4 n.; 56. 9 n.; 56. 12 n.) around the central aetiological myth of the cognomen of L. Junius Brutus. There can be few doubts that such a man existed and was the first 'consul' but his character and exploits were elaborated by the later Junii Bruti, especially perhaps Decimus, the consul of 325, and Gaius, the censor of 307, who, as plebeians, regarded him as their 'auctor nobilitatis'. See further Schur, R.E., Suppl. 5, 'L. Junius Brutus'; Altheim, History Q/ Roman Religion, 264; Parke-Wormell, Delphic Oracle, 1.266. 56. 4. anguis: snake portents feature widely in legend-generally foretelling the death of persons since departed souls are believed to be reincarnated in snakes (Frazer, Golden Bough, 8. 293-4; R. D. Williams on Virgil, Aeneid 5. 95; ef. 5. 86-88). Cadmus turned at death into a snake (Apollcd. 3. 5. 4). When Cleomenes was crucified in Egypt, his body was guarded by a snake (Plutarch, Cleomenes 39) and when Plotinus was dying a snake emerged from under his bed and disappeared into a hole in the wall, and at the same time Plotinus expired (Porphyry, de Vita Plot. 2). The same fate befell Erechtheus (Herodotus 8. 41). The snake portent which appeared to Tarquin is therefore doubtless designed to prefigure his violent end, as in the story of Laocoon. As such it must be a post-eventum embellishment of the legend of the Tarquins. in regiam: if the wooden column from which the snake appeared was in the palace, it would be necessary to follow Bauer and read in regia 'panic broke out in the palace', but against this it should be said that the plan of the early regia leaves no room for wooden columns, while it was well known that the primitive structure of the Capitoline Temple was upheld by them. It would be singularly appropriate

that the portent should issue from that ill-starred building whose construction was alienating the sympathies of the Romans and whose completion Tarquin did not survive to see. In that case the frightened crowd would run in regiam and apprise the king ofwhat was happening. See also next note. 56. 5. publica . .. domestico: prodigies were public when the attention of the Senate was called to them and when the Senate decided to take appropriate measures for their procuratio (Varro, de Ling. Lat. 5. 148 ; 2. 42. ro, 5. 15· 1,7.6. 3). But certain classes of prodigies were not publicly accepted, such as dreams or prodigies which occurred in privato loco or in loco peregrino (43. 13.6), although in such cases the haruspices could be privately consulted and usually were. Tarquin's prodigy, however, cannot be classed as necessarily private even if it did appear in the regia (see above) since for religious purposes the regia was not a private dwelling (Aul. Gell. 4. 6. 2). These considerations are in keeping with the tendentious character of the language (tantum adhiberentur) so that it may be supposed that an annalist (i.e. Piso or later) wished to devise a connexion between two traditional elements of the Tarquin legend-the snake portent and the embassy to Delphi-and turned to advantage the fact that the prodigy was not to be found in the Annales as it ought to have been if it had been a publicum prodigium. See L. Wiilker, Die geschicht. Entwicklung des Prodigienwesens, 2 ff., 35-36; C. O. Thulin, Die Etrusk. Disciplin, 13 1- 2. 56.6. responsa sortium: 21. 62. 5. The reply of the oracle frequently took the form of writing on leaves. See Norden's note on Virgil, Aeneid 6. 74. 56. 7. L. Iunius Brutus: the cognomen like the nomen are of Latin or Italic roots and this fact may support the tradition that the Etruscan dynasty was evicted by him. Junius from Juno (Schulze 470); for Brutus 'Stupid' ef. the Oscan praenomen Brutulus in 8. 39. 12 and Walde-Hofmann s.v. 56.7. alius ingenio: 'very different in intelligence from the mask which he had assumed'. So the manuscripts rightly. Hofmann in Thes. Ling. Lat., 'ingenium', co!. 1535, collects other instances of similar phrases (e.g. 45. ro. 8, 34. 5· 6, 23· 7. 12, 35· 47· 7). Cf. Seneca, Contr. ro praef. 4 alius animo (Meyer). in quibus: 27. 25. 7, 37. 23. 5. See Kroll on Catullus ro. 6. timendum ... concupiscendum: echoed by Tacitus, Hist. 4. 42 nihil quod ex te concupisceret Nero, nihil quod timeret. 56. 8. ex industria: Claudius, when young, adopted the same policy (Suetonius 38.3; see D. M. Last, Latomus 17 (1958),486). 56.9. aureum baculum: an element offolk legend. Kanan, an Augustan contemporary ofL. who drew, by his own admission, on earlier sources,

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including Timaeus, tells the story of a Milesian who when Miletus was threatened by the Persian general Harpagus, entrusted his money to a banker in the Sicilian city of Taormina. After the fall of Miletus, when he attempted to recover the money, the banker tried to cheat him by enclosing the gold in a l'ap87]g (F. Gr. Hist. 26 F I (38)). A similar story is also found in Stobaeus 3. 28. 2 I. Thus, although it remains inherently possible that an embassy did go from Rome to Delphi, it is likely that this detail is an invention oflater historians, in which Timaeus may have played his part. 56. 10. postquam ventum est: for the use of impersonal passives such as ventum est, itur, &c. see Fraenkel, Horace, 115 n. I, although he appears to regard v. e. here as applying to only one person, Brutus, whereas all three are clearly referred to (note iuvenum). perfectis patris mandatis: no answer is recorded to Tarquin's query, which in itself casts doubt on the authenticity of the story, a doubt that is intensified by observing that according to D.H. 4. 69. 2 Apollo was consulted how to alleviate a plague (VTTEp 'TOV AOLfLoV) while Zonaras 7. I I (cf. Pliny, N.H. 8. 153) records an utterly different oracle (Parke-Wormell 266). 56. 11. Tarquinii: 3. I. I n. 56. 12. terram osculo contigit: to the ubiquitous folk-myth of earth as mother, a specifically Roman idea is added which may be due to a Sibylline prophecy circulating in the early part of the first century B.C. At all events the same story is told of the youngJulius Caesar in 67 B.C. (Suetonius 7) : '(nam visus erat per quietem stuprum matri intulisse) coniectores ... incitaverunt arbitrium terrarum orbis portendi interpretantes "quando mater quam subiectam sibi vidisset non alia esset quam terra quae omnium parens haberetur".' The two stories can hardly be unconnected. It should by added that, although L. suggests that Brutus slipped (prolapsus), it was the regular practice of the homecoming traveller to kiss the ground on his return. The custom is illustrated by Fraenkel on Agamemnon 503 with which the present passage may be compared. Note above all Ocryssey 13· 354. 56. 13. Rutulos: 2. I n.

to be doubted seriously and speculations which endeavour to make the stories of Lucretia and Virginia mere late elaborations of legends related to the cults of Ardea, transplanted to Rome at the end of the fourth century, or aetiological myths associated with the shrine of Venus Cloacina, can be discounted. Whatever the exact historical facts, whether Lucretia committed suicide to forestall an unfavourable verdict before a domestic court of her family or whether her suicide was a deliberate act to ensure the birth of a vendetta against the Tarquins, the story has been considerably improved both by the addition of unhistorical personalities (59. 12 n., Sp. Lucretius) and by its assimilation to the violent ends of many Greek tyrannies, in particular the Pisistratids (for the moral cf. Aristotle, Politics 13 I 5b2 7; Plutarch, de Mul. Virt. 26; Pausanias 2. 20. 2, 8. 47. 6). It was against such a background that the final form of the legend took shape. L. saw Lucretia's death not, like Shakespeare, as a recognition that loss of chastity was a mortal sin involving the loss of all hope of salvation, but merely as a noble example of the high moral worth of chastity (58. 10 nee ulla deinde impudica Lucretiae exemplo vivet). It is the exemplary aspect of her fate which he is at pains to portray, and to achieve this he presents the sequence of events as the plot of a tragedy, but a tragedy which has sufficient contemporary application to engage the reader's own sympathy. A comparison with D.H. reveals the extent to which he has manipulated his material to secure the impression of a play, an impression which has deceived many into believing that he was copying or reproducing an actual play. In L. the whole action takes place in Collatia and the scene where the revellers come upon Lucretia is pure New Comedy (57.9 n.). In D.H. there are several changes of scene: after her outrage, Lucretia returns from Collatia to Rome where the final incidents are enacted. In D.H. speech succeeds speech (4. 70-76. I; 77-83; 84) : in L. the characters speak in a style and diction which is quite alien to the conventional oratory of the late Republic but which belongs to the realm of tragedy (~7. 7 n., 58.7. n., 59· I n.). While D.H. describes at length the scenes of emotion (66. 2-67. 3), L. represents the characters experiencing and reacting to their emotions. But to a Roman the name of Brutus could only mean the regicide and L.'s audience was bound to compare the heroism of the first consul with that of Caesar's assassins. It was an obvious point. Statues of L. Junius Brutus stood in the houses ofM. and D. Junius Brutus (Cicero, Phil. 2.26). L. works a little reminiscence of those stirring times into his narrative (59. I n.) and he paints Lucretia not as a flat and lifeless figure (D.H. 4. 64. 4 lCa>J..laT7]1' ... Kat uw
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57-59. Lucretia and the Fall of the Tarquins The legend that the rape of Lucretia precipitated the fall of the House of Tarquin is as old as our records allow us to discover. It was treated by Fabius Pictor (D.H. 4. 64) and may have been the subject of a praetexta of L. Accius, perhaps the Brutus (Cicero, pro Sest. 123; but the text ofVarro, de Ling. Lat. 6. 7 in Bruto Cassii ... dicit Lucretia is supported by another reference to Cassius in 7. 72 est apud Cassium 'nocte intempesta nostram devenit domum' and should not be emended to in Bruto L. Accii). In any case the tradition is too well established 218

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Antias, about the wife of Ortiagon and a licentious centurion. The general similarity of treatment argues for the authority of Valerius here too. The subject exercised a fascination on later writers (Ovid, Fasti 2.721-852; Val. Max. 6. r. I ; de Viris Illustr. 9.1-5; Dio fr. I r. 13-19; Servius, ad Aen. 8. 646 (quoting inaccurately by memory from L.) ; Octavia 294 ff. ; Sil. Ital. 13. 82 I f.) but it was as a topic of moral dispute that it endured. Was it right, Augustine asked, that Lucretia added the wrong of suicide to an offence for which she could not be blamed (Civ. Dei r. 19); Alternatively, if it was right to commit suicide afterwards, surely it would have been better to do so before the outrage. So Casanova, and so the charming epigram Casta Suzanna placet: Lucretia cede Suzannae. Tu post, illa mori maluit ante scelus. See Klenze in Schwegler, Rom. Gesch. I. 804; H. Taine, Essai sur T.-L. 274-8; G. Voigt, Bericht. Kon. Sachs. Gesell. der Wiss. Leipzig, 35 (1883), 1-36; W. Soltau, Anfang Rom. Gesch. 73 ff., 93-99; Pais, Ancient Legends, 185-203; de Sanctis, Storia, I. 398; C. Appleton, Rev. Hist. Droit 3 (1924),239-71; Munzer, R.E., 'Lucretia'; Burck 173-5; B. Croce, Critica 35 (1937), 146-52. 57. 1. Ardeam: for its subsequent history see 3· 71-72 nn., 4. 9-11 nn., 5. 43. 6. The town lay some 25 miles south of Rome at a distance of 7 miles from the sea (Strabo 5. 232; Pliny, N.H. 3. 56) and served as the capital of the Rutuli, a people of Latin stock later strongly influenced by Etruscan culture (Virgil, Aeneid 7.409-11). It is mentioned as one of the members of the Latin League of Aricia (49.9 n.) so that the traditional patterns of its history can be trusted, especially since the earliest archaeological layers point to an advanced native population without any trace of Greek or Oriental culture. Reluctant to accept TaJquin's high-handed usurpation of the league it stood out against him and had to be reduced by force. Presumably it succumbed. At all events it is mentioned as being in the Roman sphere of influence when the first treaty was signed with Carthage in 509 (Polybius 3. 22. I I with Walbank's note). Archaeological confirmation is forthcoming that there was an important harbour-town c. 500 B.C. with agger and fossa, and traces of temple decorations in terracotta of Etruscan style (Strabo, loco cit.) which preceded the Roman colony. See Hulsen, R.E., 'Ardea (2)'; Rosenberg, Hermes 54 (1919), 113 ff.; A. W. van Buren, A.].A. 36 (1932), 363-5; 37 (1933), 503-4; E. Holmberg, Boll. Studi Med. 3 (1932-3),6 ff.; A. Boethius, Boll. Studi Med. 5 (1934), 4-6; Sherwin-White, Roman Citizenship, 9-1 I; Blake, Ancient Roman Construction, 106; Stefani, Notiz. Scavi, 79 (1954), 6-30. 57. 2. 'besides his general arrogance they had a further ground of dislike of the tyranny in that they complained that the king had kept

them so long at the work of carpenters and at menial tasks'.fabrorum only with ministeriis. 57. 3. parum processit: 2. 44. I n. 57. 4. commeatus: 3. 24. 5, the technical term for leave of absence. 57. 5. otium ... terebant: Fraenkel, on the apocryphal axo/..¥ Tplf3HlJ in Aeschylus, Agamemnon 1055 f., quotes also Virgil, Aeneid 4. 271; Statius, Silv. 3. 5. 61,4. 6. 2; Tacitus, Hist. 2. 34. The use is thus not exclusively poetic, but it is striking and sets the stage for the diction which the characters are going to employ. conviviis comisationibusque: 40. 13. 3,40. 15. I I ; ef. Cicero, pro Caelio 35; in Catil. 2. IO-a contemporary phrase. 57. 6. forte . .. incidit mentio : it is clear from Catullus 10.5-6 incidere nobis sermones varii (with Kroll's note) and Pliny, Ep. 4. 22. 5 that this expression belongs not to the sphere of deliberate narrative but to the spontaneous language of direct presentation. Egeri filius: 38. I n. miris modis: the phrase is arresting, since the use of modis with an adj. in the place of an adv. is very rare after Plautus and Terence and is wholly absent from such authors as Catullus, Tibullus, and Propertius. Plautus uses it frequently (Merc. 225; Most. 54; cr. Terence, Hecyra 179; Eunuchus 955) and the alternative form which he employs (mfrimi'Jdfs) is shown by its scansion to have been regarded as a colloquialism. After the early dramatists it falls out of use except as a stylized archaism in Lucretius (I. 123) and Virgil (Georg. I. 477, 4· 309 ; Aeneid r. 354, 6. 738, 7. 89, 10. 822). It is, therefore, at first sight odd that Horace should use servilibus ... modis in his Satires (I. 8. 32-33) but there the context shows that it is consciously grotesque. Significantly the type of phrase is employed by Seneca in Phoen. 132 and Oedipus 92. For an Augustan reader miris modis would convey an archaic ring appropriate for such legendary champions of female quality. The idea of a contest of wives is hellenistic in feeling, owing much to the popular treatment of the Judgement of Paris in art and literature ; ef. also the beauty-contests in Lesbos (Page, Sappho and Alcaeus, 168). 57.7. quin ... conscendimus?: 'why don't we mount our horses?' quin = qui (abl.) and ne with the indicative is common in old Latin (Plautus, Miles 426; Terence, Heaut. 832). Thereafter it is confined to passages of heightened emotion, e.g. Sallust, Catiline 20. 14; Cicero, ad Fam. 7.8.2; Catullus 76. I I. iuventae: i.e. iuvenilis aetatis; iuventus is applied concretely to a group of young people. The distinction is maintained throughout the extant books of Livy. But ef. Sallust, Catiline 5.2 and Horace, Odes 3.2. 15 (Gries, Constancy, 46).

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id . .. oculis: language and sentiment recall Terence, Heaut. 2814. The situation of a wife surprised at home by her husband was one frequently handled by New Comedy, and Collatinus' words evoke such scenes. necopinato: 3. 26. 5 n. 57.8. incaluerant vino: 39. 42. 10; Tacitus, Annals 11. 37. 2, 14. 2. I; Hist. 4. 29· I. Notice the short sentences and vivid phraseology matching the rapidity of the action. 'age sane': 'away then', a scarce phrase found only in a characterizing utterance in Cicero, de Finibus 2. 119, outside Plautus (Menaechmi 153; Pseudo 1326). avolant: 3. 61. 7 n. 57.9. Collatiam: 38. I n. convivio lusuque: the received reading luxuque is defended by Kohler on account of the paraphrase in de Viris Illustr. 9. 2 regias nurus in convivio et luxu deprehendunt and by other editors by the parallel of luxuria in, e.g., Seneca, Epist. 59. 15 (cf. 114. I I). But luxus is a state, not, like convivium, an activity and L. elsewhere links lusus and convivium (cf. 40. 13. 3 lusus, convivii, comissationis; 40. 14. 2) so that Gronovius's lusu may be preferred to an early corruption. lucubrantes ancillas: the scene is pure New Comedy again, already familiar from Terence and so perhaps actually staged by Menander. The most graphic representation of it is Tibullus' plea that Delia may remain till he comes (1. 4. 83-90; W. T. Avery, C.]. 49 (1953),165). But the connexion of female virtue and wool-making owes nothing to any play or poem. In Greece, and particularly in Rome, the ideal of the maman au foyer, however optimistic, was deeply rooted. All women should ElIl30ll fLEII€L1I (cf. Euripides, Troades 649; Plutarch, Moral. 139 c; Herodas 1. 37 with Headlam's note; Theocritus, Idyll 28; Menander fro 592 K.). At Rome this ideal was intimately connected with the ritual symbol of wool-making which had originally been an economic necessity for the household and so symbolized all that a good household stood for, even when the practice was obsolete. The symbolism took concrete shape in the spindle and wool carried by a Roman bride, but it was also evoked throughout the Augustan age both in commonplace epitaphs (e.g. Carm. Epigr. 52. 8; Laud. Tur. 1. 30; seeG. W. Williams,].R.S. 48 (1958), 21 n. 20) and in literature (e.g. Vitruvius 6. 7. 2; Ovid, Medic. Fac. Femin. I I ff.). Such was the intellectual background, where the concept of pudicitia was typified by lanijicium, which Augustus tried to animate by making his family spin (Suetonius 64. 2) and which L. took advantage offor the presentation of Lucretia. Certainly L. is not making deliberate propaganda for Augustus' moral reforms which were in any case later than this book. Both are reacting to the same ethos.

57. 11. tum quidem; the use of quidem, anticipating an adversative to follow, builds up the sense of impending disaster. iuvenali ludo: 5. 22. 5. For iuvenalis in L. see Gries, Constancy 46.

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58.2-3. Notice the elaborate variation of the sentences. Tarquinius' arrival on the scene is described with a complex series of clauses: part. (exceptus), temporal clause (cum . .. deductus esset), part. (ardens), temporal clause (postquam . .. videbantur), abl. abs. (stricto gladio) , main verb. His own words are terse and hissed. His attempt to seduce her is conveyed in a flurry of historic infinitives in asyndeton (fateri, orare, miscere, versare), well suited to the passionate nature of the occasion. satis tuta circa: 'that all around was adequately secure'. circa must be taken as standing for a substantive 'the vicinity', as intra in 22. 45· 7, but early editors read satis
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26.49. 15 and, for the idea, Ovid, Met. 13. 480). expugno, as a technical term of Love's warfare, is common in such contexts e.g. Plautus, True. J71; Cicero, pro Caelio 49; Seneca, Contr. 2. 3. I. ita facto maturatoque opus esse: Lucretia's message is poignant with its short sentences and archaically colloquial language. Cr., e.g., Plautus, Amph. 169, 505, 776; Terence, Heaut. 80; Lucretius 5. 1053. 58.6. P. Valerio Volesifilio: 2. 2. I I n. His addition to the story is due to family history among the Valerii but may be earlier than its crystallization in the work of Valerius Antias. forte: L. has to make a coincidence, since he has altered for dramatic reasons the original plot where their meeting was deliberate. 58. 7. lacrimae obortae: claimed by Stacey as evidence for poetic tendencies of language in the first decade. It is true that lacrimae obortae only occurs elsewhere in Virgil, Aeneid 3. 492, outside 40. 8. 20: but it is not true to say that the word oborior is confined to poetry since it is used, e.g., by Cicero, pro Ligario 6 lux . .. oboriatur and Terence, Heaut. 680. As the context of 40. 8. 20 also shows, the phrase is highly coloured and so appropriate to the present situation but such colouring is distinct from poeticism. 'satin salve?': 'does it fare with thee well enough?', an old-fashioned salutation to which F. Leo drew attention in his commentary on Plautus, Stich. 10. Outside Plautus (Trin. 1177; Menaechmi 776) and Terence (Eun. 978) it is only found in deliberately archaic and emotional passages of L. (3. 26. 9, 6. 34. 8, 10. 18. I I and, in close proximity to the second use of lacrimae obortae, 40. 8. 20). So Fronto writing to Verus (113, 3 van den Hout), exclaims in his high-flown and archaizing language: 'satin salve' ut percontarer? an ut complecterer? an ut exoscularer? an ut confabularer? In the phrase salve is adverbial as the PIautine passage shows: sc. agis? vestigia . .. lecto: Lucretia employs the plain language ofthe Elegists; cf., e.g., Propertius 2. 9. 45 nee domina ulla meo ponet vestigia lecto and the parallels collected on that passage by Shackleton Bailey, especially Tibullus I. 9· 57; Ovid, Amores I. 8. 97. See also Fraenkel on Aeschylus, Agamemnon 41 I. vestigia is, of course, literal, 'visible marks'. viri alieni: 46.7. vir here may bear some of the force which it commonly bears in love elegy-'the lover in possession': cf. Catullus 68. 135 fr.; Tibullus I. 2. 2 I ; Ovid, Amores 3. 4. I : G. Luck, Latin Love Elegy, 150 n. I. corpus . .. animus: 58. 9 n. mors testis erit: for the form of the expression cf. [Ovid], Heroides 20. 101, 103; Ovid, Tristia 4. 9. 22. sed date dexteras fidemque: note the d sounds. The phrase itself is vivid and lively, and, as such, well suited to Lucretia's last moments. Cf., e.g., Plautus, Curculio 307; Mere. 149; Cicero, post Red. in Sen. 24; and,

before all, Virgil, Aeneid 4. 597 where another woman, also about to face death at her own hands as a result of the misfortunes of love, exclaims bitterly 'en dextra fidesque'. The correspondence should not, however, suggest a common source (cf. Carm. de bello Aeg. 6). 58.8. hostis pro hospite: I. 12.8, 21. 24.4, 23. 33· 7, 36. 29. 6. The play on words is almost hysterical (cf. Cicero, Phil. 12. 27) and is employed by Ovid to very much the same purpose in an estimation of Paris (Her. J7. 10; cf. 13.44) hospes an hostis eras? vi armatus: the words recall, as they were doubtless intended by L. to recall in order to give a contemporary touch to the scene, the crime of vis armata, violence committed with the use of arms. The charge is first mentioned in our sources by Cicero, pro Caecina 55 fr. and the definition recurs in substantially the same form in Julian's redaction (Ulpian, Dig. 43. 16.3.2-12). See further Berger, R.E., 'Interdictum', cols. 1680-1; Lenel, Edictum, 467. si vos viri estis : 4 I. 3 n. Observe the clipped phrases hostis pro hospite, priore nocte, vi armatus, mihi sibique, si vos viri estis. pestiferum governs mihi sibique. 58.9. mentem peccare, non corpus: the principles of Roman law are once more invoked, which recognized a distinction between peccata committed dolo malo and those sine dolo. To prove dolo malo it was necessary to establish intention (consilium) : cf. Cicero, Parad. 20; Seneca, Dial. 4. 26. 5-6. But this passage does not reveal anything about the state of Roman law under the kings. The ideas expressed in it are merely the expression of contemporary legal opinion in terms beloved by the sophistic writers of later Greek tragedy. So far from reproducing a point of law from regal times, mentem peccare, non corpus is a Latin version of such subtleties as ~ yAwaa' OP.WfLOX', ~ oJ 4>p~v allwp.oTo<;. In the same spirit Publilius Syrus (640) voluntas impudicam non corpus facit or Seneca, Phaedra 735 mens impudicam facere non casus solet echo Greek tragic antitheses. See further E. Wilhelm-Hooijberg, Peccatum, 33-34 with H. J. Rose's review in Class. Rev. 70 (1956), 76; G. Luck, Latin Love Elegy, 165--6. It is interesting to compare Lucretia's argument with the casuistry of Ovid in Amores 3. 14 who says that it is not Corinna's act of infidelity which constitutes a peccatum and destroys her pudicitia but the defiant openness with which she commits it. supplicio non libero: it was widely held that adultery so defiled the woman that any subsequent progeny would be themselves contaminated. Hence the woman had to die. 58. 10. vos . .. ego me: notice the emphatic word-order. 58. 11. in corde dijigit: a forcefully rhetorical periphrasis for 'stabbed' (ad Herennium. 4. 65; cf. Cicero, in Catil. I. 16 (sicam) in corpore dijigere). 58. 12. prolapsa in volnus: 2. 46. 4 n. A comparison with Ovid, Fasti

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2.833-4 (with Bomer's note), shows that L. has faithfully reproduced

59. 1. manante cruare: see C.o... 9 (1959), 217. Though ignoring the dignity of Caesar's end, L. cannot help remembering the picture graphically described by Cicero (Phil. 2. 28 ff.) when a later Brutus, a later restorer of liberty, held aloft the dripping dagger and invoked the name of Cicero. per hunc ... sanguinem iura: the germ of the oath lies in the annual oath taken by the consuls in leges (2. 1. 9 n.) which was supposed to go back to this specific occasion. In fact, however, the form in which L. presents it is gravely suspect and gives ground for believing that it is no more than an imaginative reconstruction. D.H. 4. 70 uses quite other terms which, in itself, suggests that the precise terms of the oath have no respectable ancestry. The consular oath, coupled with the conventional hellenistic belief that such an oath was the guarantee of democracy (cf., e.g., Lycurgus, in Leacr. 79), was an adequate aetiology. More important is it that the language ofL. betrays spurious archaisms. To swear per sanguinem appears to be unparalleled in Latin (Lasaulx, Der Eid bei den Romern, 8-9 but cf. Sallust, Cat. 22), for although it was usual to invoke di inferi as well as di superi (Virgil, Aeneid 12. 176 ff.) or to pledge what one held in highest honour (e.g. ossa patris: cf. Horace, Odes 2. 8. 10; Propertius 2. 20. 15; Ovid, Heraides 3. ro3), this has no counterpart. Moreover, although cum canjuge et amni liberarum stirpe conforms to the standard formula used for ePuy~ in Hellenistic times (e.g. Dittenberger, Syll. 194 (Amphipolis) ePEoyELV ..• Kat aUTO, Kat TO, 7TarDa,; earlier examples are quoted in Page, Sappha and Alcaeus, 165;]' P. Barron, ].H.S. 82 (1962), 2: the offence is always treason), other phrases are maladroit. exsequi is found only here with a personal object in the sense of expellere, cf. persequi. Frigell (Epilegamena, 75) quotes instances where it is used to translate the Greek EK7TEfL7TELV, particularly in funeral contexts. But more to the point is the frequency of the word in legal contexts as a synonym for vindicare or ulcisci with iniurias or the like as object (e.g. Ulpian, Dig. 29. 5. 3. 3, 47· ro. 35). L. has misapplied the word intentionally to give quaintness and antiquity to the formula. The same reasons guarantee the reading dehinc (only here in L.), which is

avoided by classical writers (Cicero, Caesar, Catullus) and which, although occurring often in Plautus and Terence, is only employed by self-conscious stylists such as Sallust and Apuleius. It must be intended to carry the same meaning as denique. Finally the whole phrase ferra, igni, quacumque vi passim (2. ro. 4) is semi-proverbial (cf. Cicero, Phil. I I. 37 ; Suetonius, Claud. 2 I : cf. TEfLvW ... Ka{w in Greek; see Fraenkel on Aeschylus, Agam. 849). 59. 2. navum ... ingenium: because he had appeared a dullard until that moment. ut praeceptum erat: 'as they were instructed' but it may as well convey a suggestion of the cancepta verba or regular formula which every party to an oath or a prayer repeated after it had been rehearsed by the principal (praeire). versi: 2. 40. 5. A tragic 7TEpL7TETELa. s 59. 5. The archetype must have read pari praesidia relicta Callatiae ad partas which is reproduced with various further corruptions in the manuscripts. The account of D.H. 4. 71 provides guidance, where Brutus advises DLa ePuAaKij, Ta, 7T{JAa, ExwfLEV tva fL''1Df.V aLa81JTaL TapKuVLO'. Admittedly the scene in D.H. is Rome, whereas L. has transposed it to Collatia, but there is no doubt that the incident is fundamentally the same. In that case ad partas deleted by Walters and Bayet is secure and there can be no suggestion of leaving a guard for Lucretia's father (patri praesidia relicta Bayet, Verdiere). Livian usage favours the simple abl. abs.praesidia relicta C. a.p. (1. 14· 7, 3. 23· 3, 5. 41. 5) and it is hard to conjecture anything with pars which harmonizes satisfactorily with that usage (pars praesidia relicti]. F. Gronovius, Burmann on Suet. Julius 27, Rossbach; parte praesidia relicta Heerwagen). It is more likely that pari is a dittography of the opening letters of praesidia influenced by unconscious anticipation of the succeeding ceteri. Read inde praesidia relicta Callatiae ad partas custadibusque datis ... ceteri ... prrifecti. 59. 6. quacumque incedit: 59. 13, 4· 13· 3, 4· 38 . 4, 4· 59· 3; cf. Plautus, Miles 92 quaqua incedit. 59.7. infarum curritur: cf. the scenes of confusion which followed the assassination of]ulius Caesar (cf. especially Plutarch, Caesar 67). There is no record ofwhat M. Brutus did say in his two speeches to the crowd. The similarity of contents between 59. 8-10 and D.H. 4. 77-83 suggests ,that there was already in the sources a familiar oration by Brutus the Liberator. If so, it is more likely that M. Brutus would have made play with that, rather than that L. should here be echoing anything actually said in 44 B.C. although his language (de vi ac libidine, de stupra infanda, de miserabili caede) is the political vocabulary of the late Republic.

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the version of an historian writing before the assassination of Caesar. The dignity of Caesar's death was famous and was an inspiration to later writers who used it as a model for similar scenes. Suetonius describes it in detail (82. 2): sinistra manu sinum ad ima crura deduxit quo hanestius caderet etiam inferiare corporis parte velata. Unlike Ovid, who may also be influenced by Euripides, Hecuba 568-70 (cf. Pliny, Epist. 4. 11. 9), L. gives no hint of such modest susceptibilities in Lucretia. canclamat: 4· 40 • 3 n.

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praeco: ef. Aul. Gell. 15. 27. 2. ad tribunum celerum: 15. 8 n. In Cicero, de Rep. 2. 47 Brutus is a privatus. Both by its source and by the fact that a man who had been regarded as half-witted would not have been entrusted with any responsible command, that must be the original version. Later constitutionalists, however, anxious to prove even by legal fiction the legitimate development of the Roman constitution, accepted the equation of Celeres with equites and proposed a Tribunus Celerum as the precursor of the Magister Equitum. I t would have been improper for a non-magistrate to hold a contio. Notice the mixed or. recta and or. ob!. which follows. The most telling points (addita . .. memorata) are picked out by being stated directly (ef. 3· 58. 7-9). 59. 8. nequaquam .. .fuerat: 'not at all in keeping with the spirit and intelligence which he had pretended until that moment'. Tricipitini: i.e. Sp. Lucretius. The family line ceases in the fourth century (3. 8. 2, 4. 30. 4) but the cognomen cannot be much older than that period, although it commemorates the family cult of a threeheaded deity ofwhich there are several examples in Italic and kindred worship (H. Usener, Rh. Mus. 58 (1903), 176). 59.9. fossas cloacasque: 56. 2. opifices ac lapicidas: stronger than 'mechanics and masons', since the words imply slavery (Sallust, Cati!. 50. I opifices atque servitia; cf. Plautus, Capt. 736,944 for quarries as places ofpunishrnent for slaves). Evidently slogans from the politics of the late Republic. 59. 10. caedes: 48. 4. filia: 48. 6. ultores parentum di: elsewhere L. writes invocantibus parentum furias (59. 13) and penates irati (48. 7). The identification of di parentes or parentum with the Penates is common (Servius, ad Aen. 2. 514), although properly the spirits of departed ancestors form only a part of the household cult. Roman devotion held the family dead in honour and sacrifice was paid to them at the annual festival of the Parentalia. L. emphatically reiterates the vengeance of the di parentes both for dramatic and moral reasons as an illustration of the disastrous consequences of dishonouring one's parents. So a law of Servius Tullius (Festus 260) : si parentem puer verberit, ast olle plorassit [parens], puer divis parentum sacer esto. See Fordyce on Catullus 64. 404; H. Jordan, Hermes 15 (1880),530-6 ;Wissowa, Religion, 232-9; Weinstock, R.E., 'Penates', cols. 425-6; R. Lattimore, Themes in Greek and Latin Epitaphs, 94. 59. 11. 'which immediate anger at events suggested to him but which historians find it embarrassing to recount'. For indignitas ef. 3. 38. I I, 5.45. 6. L. probably wrote subiecit (Walsh). imperium regi abrogaret: the technical phrase for abrogating the imperium of a magistrate (5. 11. 13; Cicero, ad Q; F. 2. 3. I (Lentulus); Yell. Pat. 2. 18. 6 (Sulla); see Mommsen, Staatsrecht, 1. 629). The

power of the king was by nature distinct in kind from that of a magistrate but this polite fiction is in keeping with the tendency to see the transition from the king to the consuls as part of a continuous development and to suppose that the power of the kings rested on the same ultimate grounds as that of the consuls (46. I n.: U. Coli, Regnum). For the contemporary issue see 2. 2. 2-1 I n. cum coniuge ac liberis: 59. I n. 59. 12. inde: there, i.e. the army encamped at Ardea. praefecto urbis: Lydus, de Mens. I. 2 I W. ; Tacitus, Annals 6. I I : 'namque antea profectis domo regibus ac moxmagistratibus, ne urbs sine imperio foret in tempus deligebatur qui ius redderet ac subitis mederetur ; feruntque ab Romulo Dentrem Romulium, post ab Tullo Hostilio Numam Marcium et ab Tarquinio Superbo Spurium Lucretium impositos'. The topic had no little contemporary interest since the officeit was not a popularly elected magistracy-revived by Julius Caesar became semi-permanent under Augustus and Republican precedents were doubtless unearthed and quoted by the lawyers (Syme, Tacitus, 432). The present passage by its neutral tone would seem to have been written before 25 when Messalla Corvinus resigned the office after five days on the grounds that it was an incivilis potestas (Jerome, in Euseb.). It may, however, be doubted whether the regal precedents are authentic. The title implies a distinction between urbs and ager Romanus which is unrealistic at this date. Besides, Sp. Lucretius himself is of dubious historicity and it is perhaps no accident that the first certainly recorded holder of the office is Sp. Larcius (cos. 506, 490) in 487 (D.H. 8. 64. 3). Another tradition, known to D.H. 4. 76. I and 84. 5, assigned Lucretius the role not of praefectus urbi but of interrex, so that there can have been no documentary evidence. On balance, it is probable that Sp. Lucretius is fictitious, that his role was originally purely that of father, but that he gradually assumed a constitutional position as well-consul, and then, from the similarity of the name to Sp. Larcius, praej. urb. For later instances of the office see 3. 3. 6, 8..7, 9· 6, 24· 2 (Lucretius), 29. 4, 4. 31. 2 (n.), 36. 5: Vigneaux, Praefectura Urbis, 17-24; Mommsen, Staatsrecht, I. 633; Siber, Rom. Verfass. 17; Sachers, R.E., Suppl. 5, 'praefectus urbi'; de Francisci, Primordia Civitatis, 597-600; T. J. Cadoux, J.R.S. 49 (1959), 152-6. 59. 13. quacumque incedebat: 59. 6 n., a typical 'unconscious repetition'. See 14.4 n. invocantibus .. .furias: 59. ro.

228

229

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59. 7

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59.

II

60. 2. Caere: 2. 3 n. A remarkable tomb, found in 1850, contains a series of fifth- to third-century inscriptions of the Tarcna family (C.IL I I. 3626-34). Although the latinized form at Caere is Tarquitius, there is no doubt that it is the same name as the Roman

TARQUINIUS SUPERBUS

TARQUINIUS SUPERBUS

Tarquinius (Schulze 95-96) and hence a reasonable probability exists that the family both originated from Caere and did in fact take refuge there (34. I n.). The attempt, however, to find confirmation of the traditional story of a violent expulsion of the Tarquins in the ancient religious ceremony of the regifugium on 24 February (Ovid, Fasti 2.685) is adequately disproved by E. T. Merrill, Class. Phil. 19 (1924), 20-40. For the later history ofCaere see 5· 40. 10,50.3. Sex. Tarquinius ... interfectus: confirmation of this detail may also be forthcoming from Etruscan sources. In the Fran<;ois tomb at Yuki, as a counterpart to the fratricide of Polyneices and Eteocles, a CneFe TarXunies RumaX is done to death by a Marce Camitlnas. The exact interpretation remains obscure, for the praenomen Cnaeus is unaccountable, and the likeness to M. Camillus deceptive. Yet the parallel with Polyneices-Eteocles suits the identification of this Roman Tarquinius, supposing him to be a member ofthe royal house, better as Sextus than as either his father or his brothers. Sextus at least, we know, was killed; and killed ab ultoribus veterum simultatium. See H. Last, C.A.H., 7· 394; F. Messerschmidt, Necropolen von Vulci, 133 ff.; A. Momigliano,

subsequently decline into complete oblivion (e.g. the Larcii). These must be genuine. If so, they presuppose the survival of a tolerably complete list ofmagistrates, and the raison d'etre ofsuch a list is afforded by the annual ceremony of marking the New Year by driving a nail into the temple of Juppiter Capitolinus (7. 3. 8 sollemne clavi figendi) which was performed by the praetor maximus, The most satisfactory account still seems to be the traditional, that from the beginning of the Republic the supreme magistracy was collegiate and the magistrates were initially praetores, and later consuls. Whether the two praetores enjoyed equal status, or, as the term praetor maximus (but cf. the pontifex maximus) and the analogy of the Etruscan ;;;ilaB or Oscan meddix might suggest, there was a senior and a junior colleague, is also uncertain. Again, however, in default of decisive evidence to the contrary it is more economic to accept the Annalistic version; for the collegiate principle of equal imperium was a feature of the Roman constitution which most impressed foreigners and which the Romans themselves regarded as primeval (cf. Polybius 6. 12. 11-12). The literature on the subject is extensive: good summaries in Leifer, Klio, Beiheft 23 and G. Wesenberg, R.E., 'Praetor'. See especially Beloch, Rom. Geschichte, 230 ff.; de Sanctis, Storia, I. 404 ff.; Last, C.A.H., 7 436-41; Mazzarino, Della Monarchia allo stato repubblicano, 86 ff.; Hanell, Das altromische eponyme Amt; Siber, Rom. Verfassung., 32-36; A. Heuss, Zeit. Sav.- Stift. 64 (1944), 93 ff. comitiis centuriatis: see notes on 43.

1.

60.

2

Claudius, 13,85 n. 30 . caedibus: 3. 57· 3 n. 60. 3. annos quinque et viginti: for a discussion of the problems of regnal chronology see Walbank, Commentary on Polybius, pp. 665-9. L. gives the settled version of the late annalists. 60. 4. duo consules: it is generally agreed that the magistrate subsequently known as the consul was originally called praetor (3. 55. 12 n., 7. 3· 5-8 ; Festus 249 L.) and that the change was one instituted by the Decemvirate as part of the systematization of the constitution, which resulted in the need for an increased magistrature to deal with the increasing scope of government. It is, however, a matter of dispute what was the nature of the original magistracy. Gjerstad and those who down-date the end of the kingdom to 450 on archaeological grounds believe that the praetors were, like the Ephors at Sparta, elected assistants to the kings who only assumed full, independent powers sixty years later when the kings were expelled. This view, which is archaeologically unnecessary (see Introduction to Book 2), conflicts with all that can be known about the nature of imperium and the scope of the Decemvirate. Others have held that there was a single eponymous magistrate (a dictator or magister populi) annually elected with a subordinate assistant on the analogy of Etruscan and Latin constitutions but such an hypothesis runs counter to the deeply rooted belief that the dictatorship at Rome was always an extraordinary office (2. 18. 4 n.; ef. V. Groh, Athenaeum 6 (1928), 289 ff.). Furthermore, although there are peculiarities and interpolations in the early Fasti, the most remarkable feature about them is the record offamilies who

1.

60.4-

praifeeto urbis: 59. 12 n. ex commentariis Ser. Tulli: 20. 5 n., 4. 3. 9 n. Much speculation has been devoted to the nature ofthese commentaries, chiefly in an attempt to show that they were an antiquarian forgery of the second century designed to uphold the consulate as a legitimate not a revolutionary office. It is known, however, that the commentarii pontificum were no more than manuals giving the procedure for the proper performance of sacrifices and ceremonies. Such commentarii seem to have been common to all the priestly colleges, e.g. the xvviri or Fratres Arvales. They were not records ofwhat had been performed, nor recommendations as to what should be instituted, but handbooks of method and protocol. Religious observances of great antiquity were inevitably attributed to the kings, above all to Numa and Servius Tullius. As such, they were supposed to be enjoined by leges regiae and were incorporated in the Ius Papirianum. A manual, or commentary, would be needed to maintain the proper fulfilment of these observances and would be associated with the name of the legislator. It would pass from generation to generation with only minor alterations. The explanation that the commentarii were a priestly hand book suits the evidence better than the view of Mommsen (Staatsrecht, 3. 245 n. I) that they constituted an

23 1

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TARQUINIUS SUPERBUS

assessment schedule of Roman citizens drawn up in the Punic Wars by the censors to bring the census up to date and bearing the name of Servius Tullius as the putative institutor of the census (cf., e.g., the censoriae tabulae of Cicero, Orator 156; Festus 290 L.). It does, however, entail that in the present passage the words ex c. S. T. be taken with creati sunt not with consules. L. is not saying that Servius left a posthumous testament, like the commentarii of Caesar used by Antony to such advantage (Cicero, Phil. I. 2), in which he recommended the establishment of the consulate. He is rather stressing that the election was carried out properly with all the due procedure which governed the holding of valid comitia. See M. Voigt, Leges Regiae ; G. Rohde, Die Kultsat;:ungen der Rom. Pontijices, 62 ff. L. Iunius Brutus et L. Tarquinius Collatinus: our earliest source, Polybius, gives the college as Brutus and M. Horatius (M. f. Pulvillus). He mentions them in connexion with the first treaty with Carthage (3.22. I with Walbank's note). Even if that treaty is genuine-and it suits the historical setting (56. 3 n.)-it need not have carried the names of the consuls (or praetors) at its head. On the other hand, M. Horatius cannot be shaken from his position as dedicator of the Capitoline Temple (2.8.4 n.) and Brutus is also an historical figure.' Since only two names at the most can have stood in the Fasti originally, Polybius is to be followed. Lucretius is open to suspicion (59. 12 n., 2.8.4 n.) and Valerius betrays the pretensions of his gens in claiming all the most honourable episodes of Roman history. The presence of Collatinus is harder to understand. Historians may have felt the need to include all the prominent actors in the expulsion of Tarquinius in the first college of consuls. Since Collatinus could then easily be removed like Hipparchus, son of Charmus, before the year was much advanced, he was substituted for Horatius. See Schur, R.E., 'L. Junius Brutus (46a)'. The claim of L. Junius Brutus to have been the first consul was assiduously cultivated for propaganda purposes at the time of Caesar's murder; M. Junius Brutus, or as he was then called Q. Caepio Brutus, issued coins with the legends LEIBERTAS; and L. BRUTUS. PRIM. cos. (Sydenham nos. 1287, 1295; S. L. Cesano, Stud. Num. I (1942), 137-9). I Gjerstad (Legends and Facts, 45 fr.) rests his case for the unhistoricity of Brutus on the familiar ground that the gens Iunia in historical times was plebeian, but the authentic Fasti of the early Republic are so full ofplebeian names that his argument is quite void.

BOOK

2

Liberi iam hinc populi Romani. Liberty is the theme of the second book. The ancient legends of Rome are retold in the light of Rome's newfound liberty as they illustrate the nature of it or reveal the dangers entailed by it. For liberty is a complex possession. It can only be enjoyed under the rule of law (cf. Cicero, pro Cluent. 146: see Wirzubski, Libertas as a Political Idea at Rome). So L. devotes much space to the organization of the constitution whose balanced system with its principles of collegiality and provocatio did much in Roman eyes to safeguard liberty (I. 7-11,8.1-8,18.4-11). But other threats could arise. A number of such threats to liberty occur from within and from without (Collatinus, the conspiracy of the Vitellii and Aquilii, Valerius Poplicola; the Tarquinienses, Porsenna, the Latins) and L. relates each one as a separate, dramatic episode exemplifying the moral that ceaseless vigilance is required to maintain liberty. In the second half of the book the threat to liberty remains no longer in the shape of individual assaults but in the more insidious form of internal discord (cf. I. 6), springing in the first instance from the debt-problem (nexum). The threat materializes in different ways-as a demand for the tribunate (22-33. 3), as an attempt on the city from outside (34-40 Coriolanus), as a projected coup (41 Sp. Cassius) -until finally the life-and-death struggle against Veii brings the Romans together under the leadership of the Fabii. The book, then, has a continuous refrain, just as Book 4 is characterized by the refrain of moderatio and Book 5 by pietas, and it is given an overall symmetry by the two big 'Homeric' battles (19-20 Lake Regillus; 45-47 the battle with the Etruscans). In this way L. endeavours to overcome the disjointedness from which annalistic or episodic history is apt to suffer and he introduces the underlying concepts in the short secondary preface (I. 1-6) with which he opens his account of the Republic. Within the different sections the material is so arranged as to provide variety by the alternation of internal and external affairs. The material at L.'s disposal for the early years was largely but not exclusively legendary-Horatius Cocles, Cloelia, Scaevola, the Battle of Lake Regillus itself. But not everything in the received history is suspect. The conventional chronology acquires strong independent support from external sources (21. 5 n., 54. I n.). The archaeological evidence which suggests that the cultural break with Etruria did not occur until c. 450 and which has led Bloch and others to down-date 233

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the expulsion of the Tarquins by half a century, is susceptible of a quite different explanation. At the end of the sixth century Etruria was divided into two distinct areas-the hellenized coastal cities, such as Tarquinii, Veii, and Caere, and the great inland cities like Clusium. The former had friendly relations with the leading Greek cities such as Cumae; the latter pushing down from the interior were involved in an aggressive expansion that led them into Campania and Latium and brought them into conflict with Cumae and Rome. Rome's ties were solely with the coastal cities as her pottery shows. Under the Tarquins her relations with these neighbouring Etruscan cities were friendly and prosperous, and Superbus in particular by his seizure of Gabii and control of the Via Latina seems to have been anxious to safeguard the coastal strip from infiltration whether by hill-people like the Aequi or by imperialist Etruscans from the interior. The expulsion of the Tarquins was a purely domestic matter which need not have upset commercial alinements. Rome, by her commanding position on the river and land routes, continued to trade with the coastal cities of Etruria, and, as the names of her leading families and the tokens of her political institutions demonstrate, did not turn her back on her Etruscan past. The break with Etruria when it came was caused not by the expulsion of any particular family but by the jealous emergence of Veii, as an enemy rather than a rival. It was Veii, not Etruria as a whole, which cut Rome off from her commercial links and threatened to strangle her. The break was also a rnatter ofpolitics. After Porsenna's assault Rome seems to have been governed by a succession of plebeian consuls most of whose roots were in Etruria. It suggests a policy of subservience to Etruria and expansion at the expense of Latium. The policy was only reversed by a concatenation of events. A crushing defeat by the Volscians (concealed by annalistic sources but preserved in an archaeological notice embedded in Festus), the conspiracy of Sp. Cassius which discredited the plebeian, pro-Etruscan forces at Rome, and the decline of central Etruria all played their part. The main lines are credible enough. We may believe that the Tarquins attempted to secure their own restoration. We may believe that Rome was attacked by Porsenna although not for the reasons stated (9. I n.). We may believe that the Tarquins eventually found refuge with Aristodemus at Cumae. A good summary of the historical issues, with bibliography, is given by B. Combet Farnoux, Mil. d'Arch. et d'Hist. 69 (1957), 7-44. See also Bloch, R.E.L. 37 (1959), 118-3 2.

1. 1. potentiora: typical of a Roman's understanding of the concept of liberty; cf. [Sallust], Epist. ad Caesarem 2. 5. 3 nullius potentia super leges erat; Sallust, Or. Lepidi 4' See Wirzubski, Libertas, 7-9' 1. 2. conditores: I. I I. 4, 30 . I, 33· 5, 44· 3. 1. 4. pastorum: the language is echoed by Camillus in his great speech, ef. 5· 53· 9, 54· 2. The reminiscence is deliberate. The first section of the history of the Republic is closed by the repetition of words from its beginning. inviolati: I. 8. 5 n., the asylum. 1. 6. libertatis: for the text see G.Q.. 7 (1957), 77. For posse(n)t see 3· 23· 4 n.

2. I. I

Liberty was secured at the right moment; if it had been won earlier, the state would not have been ripe for it.

1. 7-2. 2. Constitutional Arrangements The Fasces It was the unanimous tradition of antiquity that the Roman kings had twelvefasces (I. 8.2 n.; D.H. 2.29,3.61-62; Cicero, de Rep. 2. 31). Archaeological evidence shows the fasces to have been an Etruscan symbol of office and as such likely to have been introduced into Rome during the Regal period. L. is therefore to be believed when he says that the fasces were inherited from the kings. According to Roman theory there was only one real set of twelve fasces which alternated month by month between the two consuls. For the month in which he did not hold the real fasces the consul was followed, instead of preceded, by twelve lictors with 'dummy' fasces. See Samter, R.E., 'Fasces'; Staveley, Historia 5 (1956), 103 ff.; ef. 55· 3 n.; 3· 36. 3 n. But L. is wrong in stating that omnia iura, omnia insignia of the kings passed to the consuls. The consuls did not inherit the regia ornamenta, which were sometimes granted to foreign kings and were only worn by triumphators as servants of Juppiter. It is equally certain that they did not inherit their imperium from the kings. The consuls governed Rome not by the absolute authority which the kings had enjoyed but by power vested in them by the will of the people. Regnum and Respublica are irreconcilable concepts. Coli indeed argues that the later kings had on occasions possessed this limited, delegated power (imperium) when they commanded allied armies over which by the nature of the case they did not possess the same absolute authority as they did over their own peoples. His theory would explain the sources of Republican imperium and the fact that the consuls retained the insignia imperii but not the regia ornamenta. But the whole doctrine that regal potestas was of the same quality of consular imperium was an invention of Roman legalists (4. 2. 8, 3. 9; D.H. 6. 35, 7· 35, g. 41,10.33). See Coli, Regnum = S.D.H.I. 17 (1951), Iff.; Staveley, loco cit. The alternation of the fasces is credited by Cicero (de Rep. 2. 55)

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509 B.C.

not to Brutus but to Valerius. This may be suggestive for his source (see below).

As was suggested with regard to thefasces above, L.'s silence as to the part played by Valerius may be taken as proof that he is following a source other than Valerius Antias at this point. The political slant and the anachronistic allusion to an equester gradus (5. 7. 5 n.) point to Licinius Macer. See Mornmsen, Staatsrecht, 3. 838 ff.; O'Brien Moore, R.E., Supp. 6, 'senatus' cols. 663-76; U. von Liibtow, Das Rom. Volk, 144-6. 1. 11. videlicet: introduces in L. an explanation or expansion of a foregoing assertion (ef., e.g., g. 4. 13 quis ea tuebitur? imbellis videlicet atque inermismultitudo; g. 17.12; 23. 12. 14) and, except when leading up to a conjunction, stands second in the clause (ef. 22. 13. 11). It follows that it must qualify the whole sentence-'for you see, they called the elected members conscripti'-and cannot be taken with novum senatum (Madvig)-'they called the elected members conscripti, that is to say the new Senate'. novum senatum is thus without construction. The Renaissance editors favoured
2. I. 7-2. 2

The Oath The fact and terms of the oath are also reported by Plutarch, Poplicola 2; Appian, B.C. 2. 1 19. It generalizes the private oath sworn between the conspirators in 1. 5g. 1 (n.). The popular oath here, like the whole story of L. Junius Brutus, shows signs of being influenced by the murder of Caesar (Mommsen, Staatsrecht, 2. 16 n. 2). The Senate The origin of the term patres conscripti, used to denote members of the Senate collectively, provoked widespread speculation even in antiquity. The prevailing opinion was that patres were the original patricians, the leading members of the maiores gentes (1. 35. 6 n.), who comprised the Senate, conscriptiwere plebeians, i.e. non-patricians, introduced into the Senate by Romulus (Lydus, de Mag. 1. 16), Tarquinius Priscus (1: Cicero, pro Scauro, p. 374), Servius Tullius (Zonaras 7· g; [Servius], ad Aen. 1. 426), or, as here (ef. Festus 304 L.; Plutarch, Q:R. 58), by the first consuls. It is clearly stated by Paulus Festus 'allecti dicebantur apud Romanos qui propter inopiam ex equestri ordine in senatorum sunt numero adsumpti; nam patres dicuntur qui sunt patricii gentis, conscripti qui in senatu sunt scriptis adnotati'. Despite this virtual unanimity the explanation can hardly be correct since the proper term for senators drafted in from outside would be adscripti and not conscripti. The very diversity of occasions when such drafting is supposed to have taken place in itself shows that there was no settled tradition about it. The Senate which was originally the council of the heads of the maiores gentes became in turn the council of the king and of the Republic. The changing situation which required that important persons who were not heads of the gentes or even members of gentes should have a voice in affairs involved a change from automatic membership to some form of selection. The Senate was to comprise those patres (or their equivalent) who were selected and enrolled as senators (conscripti; ef. D.H. 2. 47; Isidore, Orig. g. 4. I I : Cicero, Phil. 13. 28, uses the singular pater conscriptus). See also

2. I. 10

8. 7 n. The replenishment of the Senate is over-schematic and savours of Sulla's drastic action in recruiting 300 equites into the Senate in 81 B.C. (Livy, Epit. 8g; D.H. 5.77; Sallust, Catiline 37· 6). In this connexion it is notable that D.H. dissents from the account given by L. According to him it was not the Senate but the body ofpatricians which needed replenishing from the equites and the recruitment is attributed not to Brutus and Collatinus but to P. Valerius Poplicola.

The Rex Sacrorum As in many Greek cities, the king had possessed by virtue of his position certain religious functions which after the abolition of the monarchy had to be passed on to a specially created priesthood-at Rome to the rex sacrorum, as its holder was properly known (2. 1 n.). The exact extent of these functions is hard to discover since the rex was at some date, perhaps in the third century, largely overshadowed and superseded by the Pontifex Maximus. As evidence of the original position of the rex may be cited the Regia, later the home of the Pontifex Maximus, the custom whereby the Vestals, later under the supervision of the Pontifex Maximus, came on certain days to wake the rex (Servius, ad Aen. 10. 228), and the leading position which the rex held in the religious order of precedence (Festus 1 g8 L.). As late a1 c. 275 the religious calendar is dated by the rex (Pliny, N.H. 11. 186). The chief duty of the rex concerned the two festivals on 24 March and

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509 B.C.

24 May-Q,(uando) R(ex) C(omitiavit) F(as)--explained by Festus 310 L. and Varro de Ling. Lat. 6. 31 as days on which, after sacrifice, the rex came down into the comitium. The key to the ceremony lies in the fact that the preceding two days were the two festivals of Tubilustrium or Purifying of the Horns, festivals which marked and hallowed the opening and the closing of the traditional campaigning season. The rex performed the sacrifices and then came down to inspect the army before and after the campaign. Devoid of any practical relation to Rome's wars the vestigial ceremony survived throughout the religious life of the city. The rex lost his pre-eminence partly because his functions were limited and did not expand, as could the Pontifex's, to embrace new religious trends such as arose in the hysteria of the Punic Wars, partly because the obligations of the office made it difficult to fill (27. 6. 16,36. 5), and partly, no doubt, as a result of the activities of some dominating Pontifex. There may be a certain tendentious topicality in the false assertion that the rex was subordinate to the Pontifex from the beginning. The power of the pontificate, as witnessed by the Lex Domitia of 103, was highly controversial at the end of the second century. See Wissowa, Religion, 504 ff.; Latte, Religionsgeschichte, 117-19, 195-7·

2. 2-11. The Abdication of Collatinus Macaulay noted in the margin of his Livy 'ostracism exactly' and the increase in our knowledge since the discovery of Aristotle's .:48. ITo>'. adds support to Macaulay's divination. One of the first acts of the Athenian democracy after 510 was to proscribe the tyrant's immediate family. As a further safeguard Cleisthenes devised ostracism

which was aimed primarily against the tyrants and which was first exercised against a collateral member of the Pisistratid family-Hipparchus, son of Charmus. So L. Tarquinius Collatinus is made to give up the consulship-which in historical reality he never held (I. 60. 4 n. )-because, like Hipparchus, his name had unfortunate associations and because the state could not with comfort contain so prominent a figure. There is, therefore, a Greek model behind the story. It will have taken shape with the other hellenized legends in the late third century. In the earliest recoverable version (cf. Cicero, de Rep. 2. 53-54; Brutus 53; de Off. 3· 40) Collatinus' offence was simply his name but, instead of abdicating, his imperium was forcibly abrogated by Brutus. In L., on the other hand (cf. Pisofr. 19 P.), he resigns voluntarily. Here is a constitutional issue. The people had both in theory and in practice enjoyed the right to abrogate pro-consular imperia (cf. 27. 20. I I ( 20 9 B.C.); 29. 19· 6 (204 B.C.); Asconius 78 C. (107 B.C.) : notice also the Lex Cassia of 104 quem populus damnasset cuive imperium abrogasset: see Mommsen, Staatsrecht, I. 628-30). The story of Collatinus was 'improved' to provide a classic precedent. In making Collatinus resign L. tacitly rejects the doctrine that a magistrate's imperium could be abrogated once it had been granted by the people. This is too radical an innovation for L. himself and the agreement of D.H. shows that it goes back to a Sullan annalist. The motive will be that in 87 the Senate had abrogated the consulship ofCinna (Vell. Pat. 2. 20. 3; Livy Epit. 79). This was the first occasion on which consular, as opposed to pro-consular, imperium was abrogated. The annalist challenged this right by denying the precedent on which it was based. Collatinus was not deposed: he resigned. In the struggles of the 80'S we know that Licinius Macer sympathized with Cinna. Other authors implicate Collatinus in the subsequent conspiracy (D.H. 5· 9; Plutarch, Poplicola 7; Zonaras 7. 12) but L. keeps the episode self-contained. It is carefully constructed and poignantly narrated. The story is introduced by a sententia which serves to generalize it as an instance of the problems posed by libertas (nescio an ... modum excesserint). The public gossip (3-4) is balanced by Brutus' speech (5-7)· Both are phrased in terse, compelling terms. Brutus moving from indirect to direct speech with increasing rhetorical power (cf. regium . .. regium; id officere, id obstare) breaks out into a fine direct appeal to Collatinus himself (7 nn.). Collatinus' deliberations are appropriately involved (9-11 postquam . .. cessit) and the whole Incident is rounded off by two simple, matter-of-fact statements. See Klotz 220-1; Schachermeyr, R.E., 'Tarquinius (8)'. 2.2. an nimium: N seems to have read an nimis which is to be preferred. nimis qualifies muniendo, minimisque rebus being linked with undique.

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2.1. necubi: 22. 2. 3, 16. 5, 28. 8 et at. The word is also corrupted in the texts of Caesar B.C. 2. 33. 2. regem sacrijicolum: in inscriptions always rex sacrorum. L. has rex sacrijiciorum at 9. 34. 12 and rege sacrijico, which should be emended to rege sacrijiculo, at 40. 42. 8. Read sacrijiculum here (6. 41. 9). D.H. adds that the first rex was M'. Papirius. The Papirii claimed a monopoly of the earliest religious offices. After the preliminary introduction L. turns to the successive threats against libertas which occupy chapters 2-14. Each is a self-contained episode. The plan may be briefly tabulated: Internal External I. Collatinus (2). 2. The Conspiracy (3-5). I. Veii and Tarquinii (6-7· 4). 2. Porsenna (9-14). 3· Poplicola (7· 5- 12 ).

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'I can not help wondering whether they did not go too far in their excessive protection of liberty in every quarter and in the smallest matters.' 2.3. enim: for this use of enim introducing a particular example of a general thesis cf. namque (Fraenkel, Horace, 185) and the Greek Kat yap. offenderit: the perf. subj., meaning 'although there had been no single offence at any time', may be kept. Cf. Caesar, B.G. 1. 26. 2. tamquam alieni: the meaning of these words is obscure. The general sense is 'not even the passage of time had enabled Superbus to forget the throne but he had forcibly reclaimed it as a family heirloom'. If tamquam alieni is right, it must mean 'as being in the hands ofa foreigner' (i.e. Servius Tullius). tamquam is normally used when a supposition contradicts the facts- 'he used my books as if they were his own' (tamquam sua)-but occasionally it is used merely to provide a true reason-'they were looked up to as being good citizens' (4. 60. 8 tamquam bonos cives). Time could not obliterate Tarquin's memory of the crown and how it had passed to other hands. I am not wholly happy about the text even so. Tittler's alienati for alieni (Weidner, Weinkauff) does not affect the main difficulty. Boot's (solium) quamquam alieni regni makes good Latin but is absurd with the succeeding hereditatem. tamquam alieni might be a gloss on velut hereditatem. For the latter cf. Cicero, de Nat. Deorum 3· 84· 2.4. datus: sermonem dare is only found here. Editors compare 3. 34. 6 rumores editas, but edere is not parallel for dare. Cornelissen suggested dilatus (ef. 34. 49. 6; Tacitus, Annals 1. 4; Nepos, Dion IO). Ruperti diditus. In such contexts, however, the mot juste is sermonem serere (3. 17. IO; Plautus, Miles 700; cf. 3· 43· 2, 7· 39· 6) and satus is the easiest correction. 2. 7. 'hunc tu': the mounting passion erupts into a direct and personal appeal to Collatinus, heightened by the emphatic juxtaposition and placing of personal pronouns (tu ... tua; tuas tibi ... tui auctore me). For similar transitions to direct speech attended by a specific address to a person cf. 3. 9. I I, 6. 6. 12, 15. 9, 8. 34. I I, 24· 22. 17 (Lambert). For exonera metu cf. Terence, Phormio 843; Seneca, Epist. 86. 3· A speech was evidently one of the traditional elements in the story (Cicero, Brutus 53) but these touches are distinctively Livian. 2.8. incluserat: claimed as a poetic expression but cf. Cicero, pro Rab. Post. 48, where editors read intercludit. Silences at moments of climax are characteristic ofL.'s narrative technique (3. 47. 6 n.). 2. 10. Lavinium: why to Lavinium? The Tarquins are known to have had contacts with Tarquinii, Caere, and Gabii but Lavinium is not otherwise connected with them. The traditions of a branch of the Tarquinii or Tarquitii might be suspected but there is no evidence of any of that name being settled at Lavinium (L. R. Taylor, Voting

Districts, 257). The explanation may be provided by his cognomen. Lavinium was by tradition the foundation of Latinus and the religious links between the two cities were enduring enough to call for a variety of aetiological explanations. 2. 11. P. Valerium: 1. 60. 4 n. The consulship is false.

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3-5 Vindicius and the Conspiracy at Rome Two entirely separate strains are blended in the episode of the sons of Brutus. The first is the simple tale of treachery punished by the father-with the familiar theme of public duty triumphing over private relationship. Rome, as Polybius observed (6. 54. 5), had several examples to show. The tale is self-contained but with it has been amalgamated a second, legal anecdote-the aetiological myth of manumission vindicta which provided a paradigm case of the process and an explanation of its origin. The actual mode of manumission is still disputed (5. 10 n.). According to Levy-Bruhl and others, the master made a declaration before the praetor, as the public authority, that he wished his slave to be free and the praetor, as the public authority, ratified it. According to the accepted view, which is supported by the etymology of the name, it was 'a piece of collusive litigation: the master got somebody to claim that his slave was free and made no defence, and the praetor, cooperating in the scheme, pronounced in favour of the claimant'. The Vindicii were never a gens, as far as we know, in classical Rome. A proconsul of Mrica (C.I.L. 8. 970, cf. 11771, 16524,27715) is met with and a relation of Sidonius Apollinaris (Epist. 5. 1. 2). The name Vindicius is, therefore, added as a circumstantial detail to account for the name of the process rather than vice versa. It follows that the story was always told to illustrate manumission vindicta and not, as Daube holds, that the detailed mode of manumission was added in view of his name. The name is fictitious, the date and circumstances are apocryphal, belonging to the fantasy world of legal precedents, but the case must have been meant to be the first instance of manumission vindicta. There is some difficulty in the concluding sentence ofthe story (5. 10 post illum ... viderentur) which in its context is taken to mean 'this was the first case of manumission vindicta which was the first process to give citizenship as well as freedom' (cf. Plutarch, Poplicola 7). In the Republic manumission vindicta certainly did make a slave into a citizen but there was another mode ofmanumission, censu, whereby the censor with or without the co-operation of the master entered a slave's name on the census and by this very act established him as a free citizen. It would seem to antedate manumission vindicta. D.H. (4. 22) attributes manumission censu to Servius Tullius and, even if the attribution is mistaken, the principle seems implicit in the whole institution ofthe 814432

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census. Alternatively, if the belief that manumission censu was in fact a later creation than other modes of manumission (vindicta, testamento, &c.) rightly finds favour with Roman lawyers, we should be forced to believe either that manumission vindicta had existed long before Vindicius' case but only now for the first time conveyed citizenship as well as freedom (so Daube) or, as seems to me to be the clear construction of the story as we have it, that the authors of the Vindicius episode ignored the existence of manumission censu and overlooked its implications. For them Vindicius was the first case of manumission vindicta. For them manumission vindicta was the first process to convey both freedom and citizenship. They may have been wrong but that is what they affirmed. The real puzzle is the presence of the Aquilii and Vitellii. Gage would have us believe that the names represent a distorted folkmemory of an Etruscan ephebic institution at Rome modelled on the intimacy of Achilles (= Aquillius) and Patroclus. The Aquilii were indeed an old family. The consulate ofC. Aquilius in 487 (2.40. 14) is corroborated by L. Aquilius Comus, cos. trib. in 388 (6. 4. 7). It is true that later consular Aquilii belonged to the tribe Pomptina which was only created in 358 but old citizens were regularly assigned land in the new tribes (L. R. Taylor, Voting Districts, 66). It is quite otherwise with the Vitellii. The accident that brought one of them to the throne encouraged Suetonius to preserve a store of random speculations about their origin (Vitell. I). Goddesses, old Latin kings, Sabine aristocracy-all are adduced as ancestors, but the hard fact remains that there are no Vitellii in Republican history (but cf. Schulze 153). Two are known as iiviri at Ostia 47-45 B.C. Nor is it possible to detect any family relationships between Aquilii and Vitellii and later Junii Bruti which would account for their introduction. If a guess is. to be hazarded, I would note that D.H. reads rEAAtot for Vitellii and that C. Aquillius Gallus (Pomponius, Dig. I. 2. 2. 42) and C. Visellius Aculeo (Cicero, Brutus 264) were both pupils of Q. Mucius Scaevola, cos. 117, and among the most distinguished legal experts of their day. If L. or his source named Aquilii and Visellii, the interpolation becomes a pleasing heraldic compliment to two legal families and the corruption to Vitellii intelligible. In any event the addition of the two names to the story cannot be earlier than c. 80 B.C. The lateness of the anecdote is perhaps betrayed by the assumption that slaves were common in domestic service (5. 22. 1 n.). A further pointer to L.'s source is provided by the fact that in D.H. and Plutarch Vindicius makes his confessions not to the consuls in their official capacity but personally to P. Valerius Poplicola who v.as still at the time a private individual. Valerius can only have been invested with such personal standing by Valerius Antias so that

Licinius Macer is likely to be L.'s source here. The consecration of the Campus Martius in 5. 2 contradicts I. 44. 1 which is Valerian. L. himselfhas worked over the material and created what has been likened to the work of 'un dramaturge moderne'. Time and scene are unified. The events are telescoped to a few days (4. 5. pridie: in D.H. they are spread over a long period) and the action is confined to Rome whereas in D.H. the scene shifts from Rome to Etruria and back again. Above all, L. isolates it from the Collatinus episode. The chronology which put Collatinus' resignation before the conspiracy may already have been in his source, but L. makes Vindicius a slave of the Vitellii not of the Aquilii who were nephews of Collatinus (D.H., Plutarch), and likewise situates the action in the house of the Vitellii. This connects the whole plot closely with the person of Brutus: for Brutus had married a sister of the Vitellii (4. I). In his telling of the story L., as so often, gives it a contemporary air by recapturing the atmosphere of more recent events. The interception of the letters may be an old element in the story for such things are stock occurrences in Greek history (e.g. in the Ionian revolt) but it has been coloured by the famous incident of the Allobroges in the Catilinarian conspiracy (Cicero, in Catil. 3. IO; Sallust, Catil. 44-45). The same contemporary flavour may be noticed in the language which is redolent of late Republican oratorical technique and makes the whole episode, an exemplum nobile sceleribus arcendis, contrast effectively with the archaicstyle stories which precede and follow it. For 3. 2 tenui loco orti cf. Cicero, pro S. Rose. 50; Verr. 3. 86; for 3. 3 licentiam ... libertatem see 3. 9· 2-13 n.; for 3.4 laxamenti . .. veniae cf. pro Cluentio 89; for 4· 4 manifestum .. .ftcerunt cf. pro Cluentio 54; for 4. 5 remotis arbitris cr. Sallust, Catil. 20. I; Cicero, de Off. 3. 112; for 4. 6 rem coarguere cf. pro S. Roscio 83. See 3· 3 n. One further point is noteworthy. Whereas the other sources record that Brutus looked on unmoved at the death of his children, L. with a more perceptive grasp of psychology allows him a true conflict of emotions (5. 8 n.). See Burck 53; Klotz 221; Rh. Mus. 87 (1938), 44; Gage, Huit Recherches, 119 ff.; Klebs, R.E., 'Aquilius' (2) ; Gundel, R.E., 'Vitellius' ; for the legal issues the chief discussion is by Daube, ].R.S. 36 (1946), 57-76; see also De Visscher, Nouvelles etudes (1949), 122; E. Volterra, Studi Paoli, 706 n. I. 3. 2. erant: 33. 5 n., the formal beginning of a narrative. 3. 3. legem: the contrast between the impersonal character of the law and the more accomodating nature of a monarch was a conventional T07TOS (cf. Plato, Politicus 294 a ff.). Cf. also the proverbial ftrrea iura. 3.4. modum excesseris: 2. 2, an unconscious repetition (I. 14.4 n.).

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3. 6. [alii] alia moliri: the first alii is superfluous: the ambassadors had only one scheme in view. It is more likely to be a dittography than a corruption (cum aliis Aldus; callidi Bekker; alibi Duker; alias Bayet). consilia struere: 'lay plans'. Only here in Latin but Terence, Phormio 32 I, has consilia instruere.

cult and the name will go back to the earliest times of Rome and the alIe~ed consecration mentioned here (LJ Juvenal 1. 132; Plutarch, Poplxcola 8; cf. D.H. 5. 13) is fictitious. The association with the Tarquins appears t? have been invented for some etymological reason. Only so can the eXIstence of two other explanations be accounted for. PI.uta~ch gives a .variant that an adjoining strip of land, the Campus Tlb?nnus, ~as. gl~ted to the state by a Vestal, Tarquinia. A modified verSlOn of thIs IS gIven by Pliny (J.!.H. 34· 25). and Aulus Gellius (7. 7) who calls the Vestal Gala Tarratla or TaraCla. Gellius adds that she gi~ted. the w~ole Campus Martius and not merely the Campus Tlbennus. Gala we know. She is a goddess linked in cult with Tiberinus (8 December). Tarquinius, Tarquinia, Tarratia, Taracia-all look atte~pts to expl.ai? a name. The most westerly point of the Campus Ma~tlUs, where It IS enclosed by the great bend in the Tiber opposite the Island and where there was a subterranean cult of Dis (Val. Max. 2·4· 5), ,:"as called Tarentum. Ancient scholars were prolific in their etymologIes (Festus 478 L.; Servius, ad Aen. 8. 63) but neither ancient nor modern scholarship has succeeded in solving it. The different accounts of the acquisition of the Campus Martius by the Roman people are to be viewed in connexion with the enigmatic Tarentum. See .Platner-Ashby S.v. 'Campus Martius'; 'Tarentum'; F. Castagnoh, Mem. Accad. Lincei, 1948, 93-1 I I ; J. Ie Gall, Le Culte du Tibre,

2.3. 6

4. 1. liberi: too much should not be made of the fact that if the sons of Brutus were executed the later Junii Bruti could not be lineally descended from the first consul. Surprisingly D.H. 7. 26. 3 mentions a T. Junius Brutus as aedile in 491. 4. 2. aliquot: N adds et, retained by Bayet ('plusieurs jeunes gens appartenant egalement a la noblesse') but his translation requires alii. For the interpolation of et cf. 4. 5 below. 4. 3. bona: 5. 1. n. 4. 5. cenatum: et cenatum of N cannot be construed, for et ... que are not found = 'both ... and'. et was inserted in the false belief that both cenatum esset and proficiscerentur depended on cum.

5. 1-4. Digression on the 'Bona Regia' The digression which interrupts the narrative of the conspiracy and by its suspense prepares the reader for the main climax (for this technique cf. 5. 33. 4 n.) is concerned with three separate itemsthe bona regia (household possessions, &c.), the Campus Martius, and the Insula Tiberina.

'Bona Regia' The origin of the tradition is obscure. Gages conjecture that it is based on Latin etymology of an Etruscan *bonorek = 1TatS,"pwc; may be remarked. I t looks like a doublet of the Bona Porsennae (14. I n.). 5. 1. ibi: 'in the Senate'. victi ira (N) would mean 'overcome by anger' (1. 17. I I, 2. 15. 5, 5· 44· 5, 7. 18.9, 23· 8. 4, 24. 1. 6). The active vicit ira, conjectured by Frey, implies a conflict of emotions in which anger eventually prevailed (5. 29· 7 vicit gratiam ira; 8. 35· 4, 26. 16. 7, 37. 51. 5, 42. 62. I I). The former is the true assessment of the situation. in publicum: 42. I n.

2.

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2

96- 10 4. 5.2. fuit: can hardly mean 'became', 'was known as from then on'. H. Richards proposed fit. Insula Tiberina

Campus Martius The Campus Martius was undoubtedly so called because of the cult of Mars there. According to Festus (204 L.) an Ara Martis was mentioned in a law of Numa and the cult will be at least as old as the earliest lustratio exercitus or similar cult (e.g. the Amburbium). The army was debarred on religious grounds from assembling inside the city and therefore the cult of Mars had to be established outside. The

It is probable .that the island was formed as a result of silting, as the Romans beheved, and there is no geological evidence for the fashio~a~le view that the heart of the island is an outcrop of tufa rock. Sand slltmg ~as common before the Tiber was scientifically regulated. The explanatlon of the legend that crops were thrown into the river is harder to seek. The change from a pastoral to an arable economy ~ust have taken place under the Tarquins (Clerici, Economia e Fznan.::;a, 5.8; cf. ~orifarreatio) and conservative opposition might have been mamfest:d m some su~h gesture. That is more satisfactory than to suppose wIth Castagnoh that the epithet 1TVP01>Opoc; applied to Tarentum because of its sulphurous springs was misconstrued as 1TVpo1>Opoc;. There was little, if any, building on the island before it was taken <:ver as the centre of the cult of Aesculapius in 291 B.C. See Besnier, L'Ile Tiberine, I I ff.; L. A. Holland, Janus, 180 ff. 5. 3. tenui: 1. 4. 6. mediis caloribus: 5. 31. 5 n. 5.4. credo: an observation ofL.'s own. The major construction was to

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transform the island into the shape of a ship, complete with stern, mast, &c. The surviving walls belong to the period 60-40 B.C., after the date when Licinius Macer was writing. Less imposing repairs must, of course, have been carried out in 291. The temples which L. alludes to were, in addition to those of Aesculapius and Tiberinus, those of Juppiter Jurarius, Semo Sancus, Faunus, and Veiovis. No porticus is identified on the island. tam . .. firma que : the text can only be translated as 'so that the region should be as high as it is now and strong enough to bear temples and porticoes as well as homes', which does grave violence to tam. If tam is right, the point must be that the Roman engineers were anxious to secure that the island should have strength as well as height: 'that so high a region should be strong enough for heavy buildings'. Either -que must be deleted (Novak) or read firma quoque templis ac: for the misplacing and corruption of quoque cr. 3. 65. 6, 4. 56. 13 n. quoque is awkwardly placed in the manuscripts as it is. There is no self-evident reason why the ground would need to be more solid to support temples than houses. With -que, iam (Duker, Gronovius, Ruperti) would be an unavoidable correction for tam. For firmus with dat. cf. Tacitus, Agricola 35. 5. 5. direptis: the narrative is resumed by picking up the words with which the digression opened (5. 1-2). patri de liberis: the juxtaposition serves to underline the tragedy of the situation. The same device is used by Virgil (Aeneid 6. 819 ff.) to describe the same scene. dedit: 'allotted'. 5. 8. supplicium: it were superfluous to seek constitutional propriety in tales of this nature, although a process of law is implied in 5· 5 (damnati). voltusque et os: define pater more closely. Cf. 5· 42.4. eminente: 21. 35.7. According to D.H., Plutarch, Polybius (6. 54), and Valerius Maximus Brutus displayed no emotion. Editors have tried to square the text of L. by emendation (emineretne animus patrius Stroth; non eminente Sartorius; minime eminente Koch) but emineo is used only where an emotion or the like is conspicuous and the pendant ablative absolute characteristically conveys a detail of substance (cf. I. 46. 9). L. has altered his original to give a more poignant ending. Cf. the similar scene in the story of Coriolanus. 5. 9. pecunia: financial rewards for the information leading to the detection of conspiracies against the state were standard in historical times (32. 26. 14, 39· 19· 3)· 5. 10. vindicta: for the process see above. The history of the term remains in doubt. In the parallel legal process vindicatio, legis actio per sacramentum in rem, if the object claimed was movable, the plaintiff

began by grasping it and saying (e.g. if it were a slave) 'hunc ego hominem ex iure Q.uiritium meum esse aio; secundum quam causam, sicut dixi, ecce tibi vindictam imposui' (Gaius 4. 16-17; the punctuation is controversial). It is commonly assumed that in this phrase vindicta denotes a rod (virga orfestuca) with which the plaintiff touched the objectthereby asserting his claim, but the evidence for this meaning is dubious and late. In all such proceedings the normal action which accompanied a claim was a token display of force (manus iniectio; cf. 3. 44. I ff. with notes). Etymologically vindex = vin-dex (cf. index), from which vindicare and other forms are derived. But the root vin defies explana" tion. fine ('family'; cf. Fingal) and vina ('debt'; cf. Lett. vaina) have been proposed but the most satisfactory accounts connect it with vis, vim. See the discussions in Walde-Hofmann and Ernout-Meillet. I would postulate a verb *vindicere parallel to vindicare and a noun vindicta formed by the omission of some substantive such as lis, which often meant the subject of a lawsuit. Hence agere per vindictam would be 'to proceed by way ofa formal assertion ofclaim'. vindicta seems to have come to mean 'a rod' by a confusion between the phrases agere per festucam and agere per vindictam. The parallel of name between manumission vindicta and legis actio per vindictam must imply that the former was a form of trial, if only collusive. See further Noailles, Fas et Ius, 45-90 ;Jolowicz, Historical Introduction to Roman Law, 183. ita: the language is properly legal. Daube compares the Lex Salpensana 5: qui ita manumissus erit liber esto. Karsten, following the hint of the Renaissance editors, called attention to the difficulty of observatum in the sense 'the rule was maintained'. It occurs only here in L. and elsewhere in Suetonius, Aug. 57. I accept his correction hoc servatum; cf. 3. 36 . 3 decemviri servassent ut ....

6-7. 4. The War against Veii and Tarquinii The first threat to libertas from outside came with an attempt by Veii and Tarquinii to restore Tarquin to his throne. It culminated in the mystical voice from the Silva Arsia. Whatever historical truth there be in the war will depend ultimately upon stories told about the grove. It is not in itself unreasonable to suppose that the Tarquins would have found a willing response from neighbouring governments to restore them to the throne, just as Hippias had no lack of backers after 510. Nor are the cities named, Veii and Tarquinii, improbable. The tyrants had family connexions with Tarquinii and an aggressive Rome could threaten Veii's salt-trade. It is true, as Fell pointed out, that in 5. 16. 2 (397 B.C.) the Tarquinienses are described as novi hostes exorti but such a judgement is understandable after the lapse of

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509 B.C.

509 B.C.

120 years. Nor is Cicero's silence as to the part played by Tarquinii significant. It is not by such minutiae that the credibility of the story should be determined. It stands or falls by the Silva Arsia (7. 2 n.). The grove is not otherwise mentioned and its site cannot be fixed. But such talking trees, common in all religion (e.g. Dodona; cf. also Plato, Phaedrus 275 b; Shakespeare, Macbeth 3. 4. 122), were especially frequent at Rome (Lucretius 4.580 H. ; Virgil, Aeneid 7.81 ff.; Cicero, de Divin. I. IOI). Cicero goes so far as to say 'saepe Faunorum voces exauditae' and reports of such utterances (Fatuus; cf. Servius, ad Aen. 6. 775, 7. 47, 8. 314) were officially entered in the lists of prodigies which formed part of the Annales. The prodigy is cited, for instance, among those preceding Pharsalia (Virgil, Georgics I. 476: see I. 3I. 2 n.). Somewhat similar is the prophetic voice of Aius Locutius. It is equally true that groves of Silvanus were hallowed in Rome (Plautus, Aulul. 674, 766, translating IIavos UVTPOV; Virgil, Aeneid 8. 597 ff. ; C.I.L. 6. 6IO; 12. I03: but see 7. 2 n.). We can, therefore, say no more than that the story is inherently probable and ofconsiderable antiquity. L. continues to follow a different source from D.H. (7. 2 n.). For him the story serves two purposes: it is one of a series of threats to Roman libertas and it is a parable to illustrate the much-debated philosophical problem 'is bravery compatible with anger?' (Cicero, Tusc. Disp. 4. 48-50; Seneca, de Ira I. I I. 1-8). L. follows Cicero in allowing that Brutus was brave, although this was rejected by strict Stoicism. These two purposes dictate his composition. He introduces the description of Tarquin's appeal to the Etruscan cities (6. 1-3), which has no counterpart in D.H., to match the similar appeal to Porsenna in 9. 1-3. He builds up the scale of the battle and the magnitude of the danger to Rome, and, instead ofnaIvely highlighting Brutus' qualities by a funeral oration (D.H.; Plutarch, Poplicola 9), he allows them to be revealed in the action. The battle itself is decided for L. by human factors: the divine element, which convention could hardly oust, scepticism relegates to an appendix (7. 2-3; cf. the similar technique in 5. 2 I. 8). See Fell, Etruria, 83; Schachermeyr, R.E., 'Tarquinius (4)' ; Burck 53-54; Lucot, R.E.L. 33 (1955), 12 9-3 2. 6. 2. ne se ortum: so N. In the parallel passage L. writes (9. I): ne se (the Tarquins) oriundos ex Etruscis eiusdem sanguinis nominisque ... exulare pateretur (Porsenna). Here too se must refer to the subject of the main sentence (Tarquin), despite suos later in the sentence which refers to the inhabitants ofVeii and Tarquinii; cf. I. 26. 9, 4. 41. 12, 43. 2. 2. All interpretations based on taking se as Veientes Tarquiniensesque must fail (e.g. se (abl.) ortum Weissenborn, Bayet = 'un homme sorti d'eux'; ex se ortum Drakenborch, Conway). But ortum cannot be

left without further definition ('do not abandon me descended as I am'). Some word or words have fallen out. Madvig's se ab se ortum is too severe, M. Muller's indidem too clever. Neither Sigonius's ab iis, Wesenberg's ab ipsis, or Zingerle's ex ipsis convinces. The similarity of 9. I calls for a clear-cut reference-ex Etruscis (Weinkauff) or e Tuscis (M. Muller). For a similar corruption cf. 3. 13. 8 n. Etruscis could be omitted before Eiusdem. ne se ortum e(x) ... is unassailable. extorrem, egentem: the language is pleading and pathetic. extorris (5.30.6,7. 4· 4, 9· 34· 3 et al.) is founl sparingly It is never applied objectively to describe an exile, only in contexts where the reader's sympathies are to be enlisted (Titinius fro 76; Turpilius fro 96; Accius, fr. 333 per terras vagus, extorris, regno exturbatus; Lucretius 3. 48 with Bailey's note). It is unique in Cicero (Verr. 3. 120) while Sallust puts it into the mouth of the abject Adherbal (Jugurtha 14. II) ; cf. Tacitus, Annals I. 53. egentem is ambiguous (see the note by Landgraf, Archiv j. Lat. Lex. 7 (1890), 275 fr., being derived either from egeo ('being in need') or e(x)gens ('being separated from one's family'). Apart from 9. I, the context indicates elsewhere the meaning 'needy'; ef. 2. 25.6,8. 19. 14,8.26.5, IO. 18.8, 22·9· 3, 26. 33· 8, 34· 31. 14. It must surely be so here and at 9. I also. The plight of the refugee is a rhetorical commonplace; ef. Sallust, loco cit. For extorrem, egentem ef. Virgil, Aeneid I. 384 ipse ignotus, egens; Cicero, Tusc. Disp. 3· 39; de Fin. 2. I05, 5. 84. For cadentis spei cf. Afranius, fr. 350; Ovid, Her. 9. 42; it is significantly not found elsewhere in prose; for scelerata coniuratione cf. Lentulus, ad Fam. 12. 14. 6. ante oculos suos: coming after Brutus' self-control the irony must be intentional. 6.3. nemo unus: 'no one at all'. 6. 7. inJlammatus: cf. Cicero, de Nat. Deorum I. 42. Arruns' language is as melodramatic as his behaviour. For ipse en ille ef. Seneca, Medea 995; for magnijice incedit cf. Sallust, Jug. 31. 10.

248

249

2.6.2

ultores: I. 59. IO, 2. 24· 2, 3· 2·4· 6. 10. aequo Marte: 40. 14 n. 6.11. Tarquiniensis: the collective substantive is unexpected but may be paralleled by 9. 41. 5 where Volsiniensium castella is immediately preceded by Tarquiniensem. Alan's Tarquinienses involves a change of number to the singular stetit, inadequately supported by Sallust, Jugurtha 82. I.

7. 2. silva Arsia: so also Val. Max. I. 8. 5 confirming the reading of N. Plutarch has Ovpaov u,\aos; D.H. 8pVfLoS tEPOS ifpwos 'OpaTov. The locality is unknown. D.H.'s account savours of a rationalization that attempted to connect the name with the Horatii, so that he cannot be used as evidence for the devotion ofthat gens to wood (Gage, Hommages

7· 5

509 B.C.

509 B.C.

Deonna, 226 ff.). There might be a connexion with the cognomen Harsa (3.2.2 n.). Silvani: so also Val. Max.; D.H. and Plutarch name him Faunus. The two deities, though later identified (Origo Gentis Rom. 4. 6) and having much in common, were distinct. Silvanus, god of woods, had no official place in the religious calendar, no priests, no festivals: his was a personal cult, one of long standing (Cato, de Re Rust. 83), one of wide appeal, as the quantities of dedications even from Rome alone attest, and one which spread as his functions were extended or his worship, as in Illyria, identified with other local gods. By contrast, Faunus, whatever his origin, enjoyed official recognition through his connexion with the Lupercalia and by a temple on the Insula Tiberina. The complementary characters of the two deities were apt to lead to assimilation. Here D.H. has probably translated Silvanus into Faunus as being more familiar to a Greek audience and Plutarch followed. See Klotz, R.E., 'Silvanus (I)'; Wissowa, Religion, 213 ff.; Latte, Religionsgeschichte, 83-84. haec dicta: as Doring and Ruperti saw, those words are an interpolation from 7. 7 below. uno . .. Romanum: exactly as the Argives claimed after the Battle of the Champions (Herodotus I. 82). 7.4. annus: an aetiological myth to explain Roman mourning customs. Paulus, Sent. I. 2 I. 13 parentes et filii maiores sex annis anna lugeri possunt. Such customs had to be dated back to the very beginning of the Republic and the death of Brutus was not merely the first recorded under the Republic: he was a pater patriae (5. 49. 7 n. ; for the development of the symbolism see AlfOldi, Mus. Helv. 9 (1952), 238).

Such a strong tradition cannot be disregarded. It served to incorporate an explanation of the dipping of t~e fasce-: to the pe?pl~ (7.7 n.). L., who is clearly not followI~g Valenus A~tlas, nor AttICU~ history of the gens Iunia, makes a bnef drama of It. ~he theme IS non obstabunt P. Valerii aedes libertati vestrae. The central act IS a speecha traditional feature (Cicero, de Rep. 2. 53)-but rephrased by L. to suit the nature of his theme and the oratorical temper of the speaker

2. 7.2

7.5-12. P. Valerius Poplicola L. passes to the third internal threat to libertas-the alleged ambitions of the consul Poplicola himself. The grounds for suspicion were afforded by the age-old association of the Valerii with the Velia. The dwellings and burial-grounds of the gentes were in early times local. The Claudii continued to be buried sub Capitolio well down into the Republic (Suetonius, Tiberius I), and the Valerii were buried 1m' OVEA{a, (D.H. 5. 48 ; Cicero, de Legibus 2. 58; Plutarch, Q.R. 79; cf. the elogia of Messala Niger and Messalla Corvinus which came from the same area). Equally strong is the tradition that the Valerii resided there. In addition to the present story Cicero (de Har. Resp. 16) says that Poplicola was given a house in Velia by public subscription; Valerius Antias (fr. 17 P. from Asconius) tells the same story of (M.') Valerius (Volesus) Maximus, dictator in 494, presumably a Valerian varianttomitigate the suggestion that Valerii could even be suspected of regnum. The theme of the dominating palace may be hellenistic ; cf. Seneca, Thyestes 642 ff. 25°

2.

(7· 8 n.). . f 7. 5. ut sunt: 8. 24. 6, 24. 25. 8. L. introduces the narratIve, as 0 ten (2. 2 n.), with a generalization for which .cf. Caesar, B.G. 3· 8. 3; Tacitus, Annals 1. 28. It is as old as Thucydldes 2. 65· 4· 7. 6. Velia: the north-eastern spur of the Palatine, reckoned as one of the seven hills of the Septimontium (Festus 45 8 , 47 6 L.). Its n~me, like that of the city Velia, is perhaps to be derived from a root. akIn to "\ ~ 'marsh' The Forum was once a marsh. For the anCient deGr • OlD, • E 'V l' rivations see Varro, de Ling. Lat. 5. 54. See also Radke, R.., e Ia (3)'; Platner-Ashby s.v. fieri: N has fieri fore. Hertz overlooked a typical Nicomachean gloss and conjectured fieri foro (cf. D.H. 5. 19). Earlier editors preferred fore but fieri is confirmed by 1. 33. 6. . 7. 7. submissis fascibus: the dipping of the fasces before the so.vereign people is not attested in historical times although Plutarch (Popllcola 10) writes Toiho JLExpt vvv Sta4>vAaTToVUtV OL apxovTE,. It may ?e presu.me~, for the complimentary dipping of the fasces before a malUS rmpe~lUm IS acknowledged (Cicero, Brutus 22; Pliny, N.!!. 7: I 12 (met~phoncal)). An historical origin is invented for a constItutIOnal practIce. escendit: ascendit N. At 28. 6 M has in tribunal esc., 1TA asc., and the same disagreement occurs at 3. 47. 4. The corruption is common, b':t where the manuscripts can be trusted they show that esc. not asc. IS the proper form (ef. Cicero, post Red. in Senatu 12; ad Au. 4· 2. 3;

Q.F. 1. 2. 15)· Ph W gratum: gratum id, the text ofM;'" must be read (Rossbach, B. . ., 19 20 , p. 700 ; Ernout, Rev. Phil. 16 (1942), 18 3). . 7. 8. audire iussis: the proceedings were opened by a call to attentIOn . like the Greek aKovETE AH(J. gloria ... invidia: a rhetorical commonplace for whIch cf. Sall~st, Jugurtha 55. 3; Nepos, Chabr. 3· 3· Similarly for 7· 9 spectata vzrtus ef. Catil. 20. 2; for 7. IO levi momento ef. Caesar, B:G: 7· 39· 3; for fundata fides ef. Lucretius I. f23; ~or ~bi sir:z .quam qUI srm cf. I. 4 I. 3 ; Seneca, Epist. 28. 4. The alhteratron IS stnkmg. . 7. 12. Vicae Potae: an old Roman goddess, of victory, who~e festIval was on 5 January. The ancients derived her name from vmcere a?d potiri (Cicero, de Leg. 2. 28; for an. alte~native et~ology ef. Arnobms 3. 25) and identified her as Victona (Ascomus, p. 13 C.). The

25 1

2.

7.

12

509 B.C.

meaning may well be correct (cf. the plant vica pervica described by Pliny, N.H. 21. 68; [Apuleius], Herb. 58) ; if so, the name should be compared for its formation (verbal stem with suffix) with, e.g., Panda Cela and for its double character with, e.g., Aius Locutius. See Weinstock, R.E., 'Vica Pota'. L. does not imply that the shrine replaced the house of the Valerii ; it survived although the house had disappeared. aedes: the addition is required. The only parallels for the ellipse of aedes are from Vitruvius (3· 3· 2, 5)·

8. Constitutional Arrangements I t has been noted that this chapter which is a unit by itselfis awkwardly fitted into context. The assembly in which the laws were passed (latae deinde leges) is not that mentioned in 7. 7 and the summary in 8. 9 haec . .. gesta is unexpected. The reason is not that L. here turns to a new source but rather that in his distribution of material he is concerned to append the incidental events at Rome to one of the primary internal threats. The second of the two laws, that against attempts to subvert the Republic, is not intrinsically suspect. Such consecrationes capitis occur as penalties for heinous offences (3. 55· 7 n.). Ifit is authentic, it wiII have. been recorded subsequently in the Twelve Tables. The first law, onprovocatio, must be rejected. L. does not specify its terms but Cicero (de Rep. 2. 53) and Pomponius (Dig. 1.2.2.16) speak ofa limitation of the magistrates' power to execute or scourge without appeal to the people, while D.H. (5. 19) and Plutarch (Poplicola I I) extend its scope wider. Such democratic privileges are the endproduct of long evolution and we can trace the beginning of it in the creation of the tribunate and the provisions of the Twelve Tables and of the Valerio-Horatian laws of 449 (3· 55· 3 n.) where the magistrate was empowered but not compelled to allow appeals and refer matters from his own coercitio to the people. The law of 509 is fictitious and the presence of an identical law in the proper historical sequence under the year 300 (ro. 9. 3-6), ascribed to the consul M. Valerius, leaves no doubt that it is a doublet. There will, however, have been a procedure under the earliest Republic which, although not akin to provocatio, may have abetted the foisting afthe Valerian law on to 509. The first quaestores were not themselves a court: they were merely an ad hoc jury appointed by the consuls to investigate crimes, especially parricidium, when charges were brought by agnati. The quaestores determined culpability. They convicted, but it was left to the magistrates to sentence. This division of powers may be the basis behind which the Valerian law took refuge. See the summary, with bibliography, by Staveley, Historia 3 (1955),413-15.

509 B.C.

2.8.1

8. 1. Publicolae: 3. 18. 6 populi colendi. The popular etymology can hardly be correct, since the cognomen would be unique. Various modern etymologies have been proposed (e.g. a dim. of populus (Skutsch) .or of Publius (Ihne); 'people's farmer' (Cornelius)) but none carnes immediate conviction. Whatever its origin-and the name was confined to the Valerii and their relations (Meiggs, Ostia, 477)-it was used as evidence of the liberal leanings of the family. There were Greek precedents like odTJfL61>tAoS to encourage the interpretation. See Volkmann, R.E., 'Valerius (302)'. 8. 4. Sp. Lucretius: his opportune death discredits his original place in the Fasti. M. Horatius Pulvillus: the antiquity of the gens Horatia is proven (1. 24. I n.) and the place of M. Horatius at the head of the ~asti is guaranteed (I. 60. 4 n.). Of the man himself we can say nothrng: the cognomen Pulvillus, 'a little cushion', first given by Cicero, de Domo 139, is enigmatic. Concerning his activities two difficulties arise: (I) D.H. 5. 35. 3 records that there was an inscr~ption on ~~e temple which named Horatius, but since there were nval tradltrons that Horatius dedicated it as consul (so L. here) or pontifex (Cicero, de Domo 139; Val. Max. 5. 10. I; Seneca, Cons. ad Marc. 13. 1), the inscription did not give Horatius' office. Precedent suggests that he must have been consul. (2) Nor can the inscription have given a date: for Tacit~s (Hist. 3.7 2 ) and D.H. 5. 35. 3 date it to Horatius' second consulshIp (5 0 7), which is the same absolute date as that given by Polybius 3· 22. I (where see Walbank), although by Polybius' chro~ology that was t.he first year of the Republic. The keeping of dates rn fact started wIth the dedication of the temple. In 303 B.C. the temple of Concord was constructed cciiii (ccciiii codd.) annis post Capitolinam dedicatam. In such chronological confusion no reconstruction can be trusted. I would point out that L. is here using Licinius Macer and that his chronology is suspect. He dates the Porsenna war in the seco.n~ year of the Republic, (P. Valerius, T. Lucretius) while D.H. puts It rn the third (Valerius, M. Horatius). His lists for 507 and 506 are confused (15. In.), his date for Regillus unique (21. 3 n.). I would accept ,?O 7 as the orthodox and the approximately correct date for the dedIcation of the Capitoline Temple. The denarii minted by Cn. Cornelius Blasio, which are unique in portraying the Capitoline Triad (Sydenham no. 56 I) and are to be regarded as commemorative of the 4 00th anniversary of the dedication of the temple, were struck in or shortly after ro7 B.C. That does not, however, entail rejecting Horatius' two consulships. It would be a strange coincidence that a temple so long in the making should have been ready just in time to celebrate independence. 253

509 B.C.

508 B.C.

8. 5. apud quosdam veteres: the most recently interpolated consul was Lucretius. He is not named by Polybius or by (drawing from Republican sources) Augustine (de Civ. Dei 3. 16); i.e. he was inserted towards the end of the second century. Collatinus and Poplicola are older (ef. Cicero, de Rep. 2. 53), probably third-century, additions. memoria must be the subject of intercido (ef. Val. Max. 5. 2. 10 ; Seneca, de Benif. 3. 1.4) so that memoriam should be read. 8. 6. dedicata: technically the act of dedication was the surrender by man of 'all claim to the possession or use of something in favour of the divinity'. In the case of temples and the like the act could only be performed by consuls or magistrates with imperium (9. 46. 6) except where the people conferred special authorization on iiviri aedi dedicandae (42. 5 n.; Cicero, de Domo 130, 136). The presence of a pontifex was, as in the case of the dedication of Cicero's house, customary in order to ensure the proper performance of the ritual acts but was not strictly necessary. The pontifex did not himself dedicate the temple (despite Paulus Festus 78 L.) : he prompted the magistrate throughout. It is regularly expressed as praeeunte pontifice (C./.L. 3. 1933; Varro de Ling. Lat. 6. 61; ef. 2. 27.5,9.46.6; Tacitus, Hist. 4· 53). The act itself consisted of holding the door-post (Servius, ad Georg. 3. 16) and pronouncing the formula, a complete example of which is found in the law from Salona (C.I.L. cit.). Horatius' dedication presents points of interest. It shows that he must have been consul (or the equivalent) and not pontifex since the latter did not perform the ceremony. It is tendentious in that Horatius is selected by lot, whereas the choice was normally made by popular vote (2. 27. 5, 42. 5; cf. 4. 29· 7: Cicero, ad AU. 4· 2. 3)· D.H. indeed gives a different account, that the dedicator was to be popularly selected but that in the voting Horatius cheated. L.'s source undermines this Valerian complacency by the novel doctrine that the choice was made by lot. The impassive self-control with which he greeted the news of his son's death is a literary embellishment inspired by the manner in which Xenophon heard the news about his son Gryllus (Aelian, V.H. 3. 3 with Perizonius's note). Finally, what is the significance of Horatius' perseverance? His action was treated as a precedent (Cicero, de Domo 139) and the story originated as such. In normal circumstances a death would render the whole family junesta and so unable, until purified, to perform religious acts (47. 10; Varra, de Ling. Lat. 5.23; Cicero, de Leg. 2. 55; Aul. Gell. 4. 6. 8). But Horatius was excepted-presumably on the score that he had begun the ceremony before the news was brought and he, since it was a continuous act, was for the purposes of the ceremony purus.

See Wissowa, R.E., 'Dedicatio'; Cicero, de Domo, ed. Nisbet, PP· 2 °9- IO .

2.8'5

2.8.6

9-15. War with Porsenna

For Romans the interest in the war against Porsenna centred on the three feats of Cocles, Cloelia, and Scaevola-illa tria Romani nominis prodigia atque miracula. The war with Porsenna is genuine enough. Clusium (5. 33. 1-3 n.) and the inland cities of Etruria pursued a different policy and enjoyed a different civilization from coastal cities like Caere and Rome. They were aggressive and thrusting. Their expansion into Campania at this period can be documented in detail. With the collapse of a strong central government at Rome, the plain of Latium was left unguarded. Porsenna took his opportunity, broke down from the hills, and captured Rome. Such, in brief, are the facts and a dim memory of them survived (Tacitus, Hist. 3. 72. I; Pliny, N.H. 34. 139: see Syme, Tacitus, 398). Falsification played havoc with them. Patriotic sentiment could not allow Rome to be captured. Rome is made to hold out gallantly and Porsenna from being a ruthless foe is turned into a sentimental king with an admiration for Roman virtues which passes into friendship. Porsenna is regarded as king of all Etruria and his attack on Rome supposed to be motivated by a desire to restore the Tarquins to their throne. Such an alliance makes nonsense of the facts. Caere, Tarquinii, Rome, Cumae were all at the mercy of Porsenna. If Porsenna had acted to aid the Tarquins, it is inconceivable that they should eventually have found refuge with Aristodemus at Cumae. With the exception of the intrusive chapter I I L. welds the material together into a unit opened and closed by summaries of the military situation (9. 1-8; 14-15) and containing in the middle the three chief acts. These acts are in themselves similarly constructed. The climax of each is a topographical detail (ro. 12, 13. 5, 13. I I), the nub of each is a moral (fides, audacia, constantia: notice the repeated virtus (ro. 12, 12. 14, 12. 15, 13.6,9, I I)), and each emphasizes that such qualities are inspired by the love of liberty (ro. 8). The three stories form a tricolon crescendo leading up to Cloelia-supra Coclites Muciosque (Cloeliae) jacinus esse. The phase is concluded by Porsenna's recognition of Roman liberty (15). This arrangement is L.'s workmanship. See the judicious essay by Ehlers, R.E., 'Porsenna'; Bayet, Recherches philosophiques, 193 I, 264 ff. ; Burck 54; Hofmann, Livius-Interpretationen 63-64. 9. 1. Lartem Porsennam: for the name, which occurs elsewhere only as a Roman nomen (C.I.L. 6. 32919 Porsina) but is pure Etruscan in morphology, see Ehlells, loco cit. 255

g. 1-3

508 B.C.

508 B.C.

9. 1-3. arabant: 7. 2 n. The Tarquins continue their plea with some oratorical commonplaces. For 'the dreary mediocrity of levelling down' cf. VeIl. Pat. 2. 2. 2; Tacitus, Hist. 4. 47; see Otto, SprichwiMer, 60. Stobaeus devotes a whole section (47) to the theme OTL KcD\.AWTOV 1] /Lovapx[a and his illustrations range as far back as Hesiod and Homer. For aequari summa infimis ef. Ovid, Trist. 3. 10. 18; Pliny, N.H. 2. 203. 9.4.
was recorded independently in Greek sources. The only documented famine at Athens during the period is probably to be dated to 445/4 (E Aristophanes, Vesp. 718: I.G. 12.31) but there is no reason why Greek and Roman famines should coincide. In short, even if the motive for fabrication is there, the means are not available. With Meiggs (Ostia, 481) I see no good reason to question them. The present importation is perhaps a special case like the other events purporting to date from the very first years of the Republic, but the provisions about salt (see below) which accompany it look authentic. Like the census figures in I. 44. 2 (n.), they may come from some very early tabula but not actually be dated to 508. Volscos: being hill-people, they are a surprising (and, therefore, plausible) quarter to seek grain from. A forger could not have chosen them: for they were in Roman tradition the lifelong foes of Rome. salis: the control of the salt trade in the Republic is a mystery which the sparseness of the evidence only serves to deepen. It is stated by L. (29.37.3) that the price of salt in 204 was regulated by the censorsan archival fact which will have been preserved in the Annales. The supervision of its sale and distribution was in the hands of state officials, called salinatores aerarii (Cato ap. [Servius], ad Aen. 4. 244), while the actual supply and production were undertaken by conductores salinarum or salarii, usually freedmen. The state monopoly continued unchanged through the Empire (Cod. lust. 4. 61. I I), but how far back into the Republic it extended we have no information. The present notice might be no more than a throw-back to provide a precedent for later control but Porsenna's invasion and the Latin War will have jeopardized Rome's salt supplies which depended solely on the small colony at Ostia (I. 33. 6 n.). What were to be Rome's main salt-beds in later timlls were not available to her. Since salt matters did figure in the Annales, I would believe this note to be documentary and to come from some early tabula, if not from 508. See Bliimner, R.E., 'Salz'; Clerici, Economia e Finanza, 459 ff. omne sumptum: omni sumptu N. The sense is clear: the control of the price of salt was entrusted to public authorities (the consuls or, later, the censors) and taken out of the hands of private speculators. The chiastic antithesis between in publicum and privatis limits the scope of correction by ensuring that quia . .. venibat 'because it was being sold at exorbitant prices' is a self-contained clause. Two lines of approach are open: (I) accepting omni sumptu we are forced to assume that it is part of an abl. abs. with the verb missing (recepto Clericus; translato or redacto Doering; suscepta M. Muller). But the meaning remains laboured: 'all the expense being transferred to the state'. It can hardly be seriously suggested that the state was going to

2.

496 492

D.H. 6. 17. 2-4 2. 34. 2-5

Famine Famine

486 45 6 453 440 433

2.41. 8 2.51.2,52. D.H. 9· 25 3.31. I 3.3 2 • 2 4. 12-16 4. 25· 2

Famine Famine Famine Famine Famine Famine Famine

4 11

4.5 2.5-8

477 47 6

I

Famine

Temple of Ceres Imports from Etruscan coast, Cumae, Sicily Imports from Sicily Imports from Campania

Imports from Etruria Imports from Etruscan coast, Cumae, Sicily Imports from Etruria, [Cumae], Sicily

The three lastfrumentationes are no longer seriously questioned. On the one hand, the tradition that linked the Minucii with the corn trade is very old: on the other (and independently of it), there is explicit testimony that annona was one of the regular items in the Annales (Cato fr. 77 P.). The case for the earlier stands or falls by 492. Doubt has been cast on it because the consuls in 492 B.C. were T. Geganius and P. Minucius. It is observed that the Minucii were at pains to publicize their services to Rome's corn supply (ef. the porticus Minucia) and that a Geganius was consul in 440 when L. Minucius was praefectus annonae. Such scruples are misplaced. The tradition is confirmed by the dedication of the temple of Ceres in 496 under direct influence from Cumae, which is constantly cited in the notices as a source of grain (21. 5 n.) and by divergent chronologies in D.H. 6. 17.2-4 as to the Roman embassy to Sicily which indicate that it

814432

257

2.g.6

s

g. 6

508 B.C.

508 B.C.

pay for the salt and issue free returns to the people. (2) reading omne sumptum sc. arbitrium, parallel to ademptum. So Gronovius (cf. P. Burman, De Vectigalibus, 1734, 92), on which Leggewie's omnino sumptum is not an appreciable improvement. The second alternative is preferable. portoriis: so also D.H. 5. 22. 2: Plutarch, Poplicola I I. The exemption from customs and tribute is demonstrably anachronistic. Such duties were only established throughout Italy at the end of the third century (32. 7. 1-3)· The political tendentiousness of the notice indicates that it is a throw-back from the propaganda which culminated in the abolition by Q. Metellus of portoria in 60 B.C. (Dio 37. 5 I ; Cicero, ad Au. 2. 16. I). Notice the strong resemblance between 9. 7-8 and Sallust, Or. Macri 19-21. liberos: a specious derivation of proletarii. 9. 8. malis artibus: 3· 19· 5; Praif. 9 n. unus ... universus: for the typically Livian cast of expression cf. 4.6. 12.

The little which may be added to Walbank's lucid note on Polybius 6. 55. 1-4 is chiefly inspired by the artide in Hommages a W. Deonna by M. Delcourt. The legend is of primeval antiquity. Its ancestry may go back to Indo-European roots, for the legend ofOdin has much in common with it, but in Roman mythology the story of a deformed hero (Codes = 'one-eyed'; he was supposed either to have lost an eye in battle (D.H. 5. 23. 2) or, according to Plutarch (Poplicola 16. 7), to have had a congenital deformity) being precipitated from a bridge recalls and parallels such ceremonies as the Argei (1. 21. 5 n.). Horatius, in fact, performed a devotio to bless the Pons Sublicius. In time this simple ritual was enveloped with historical circumstances and from being a religious act became an historical fact. The main elements ofthe primitive story are, however, still preserved in Polybius: Codes drowned and received no honours. At some date after Polybius an unidentified statue was moved from the comitium to the Area Vulcani and identified with Codes (Ver. Flaccus ap. Aul. Gell. 4. 5. I). It must have represented or been thought to represent a lame man. This discovery entailed modifications to the story. Codes must have survived but been wounded (D.H. 5. 23-35) and the statue set up to do him honour. It is this version of the story which L. recounts. Two features are indicative of his treatment of it. All the other versions of the story leave Codes either wounded or dead: in L. he returns incolumis. The motive for this alteration is psychological. Just as Brutus is made to show

emotion at the execution of his children, so Codes deserves that the rewards of his heroism should be unalloyed. Secondly, where D.H. relates it in a pedestrian style with fussy details about his relations and qualifications, L. gives a vivid drama, stressing Codes' courage and culminating in his appeal to the god which has no counterpart in D.H. (ro-rr). As befits an old-time hero Codes speaks in powerfully coloured tones (ro. 3-4 nn., ro. I I n.). 10. 1. alia . .. alia: neuter plural, 'some (sections) seemed adequately protected by walls, others by the barrier formed by the Tiber' or, perhaps better, abl. sing., 'in one direction (everything) seemed adequately protected by walls, in the other by the Tiber'. So Linsmayer. 10. 2. sublicius: I. 33. 6 n. 10.3. qui: after giving the general situation in short, simple sentences L. begins his account with a complex series of subordinate dauses leading up to H.'s appeal to his fellow soldiers (testabatur). The first action is signalized by the forceful vadit (ro. 5 n.) emphatically placed at the head of its sentence. 10.4. transitumpontem: 'if they left the bridge in their rear (unbroken) after they had crossed it'. The use of the participle seems, as Gronovius says, legitimate: cf. 2 I. 43. 4, 23. 28. 9. The deletion ofeither transitum (Vielhaber) or pontem (Clericus) is uncalled for and neither Nannius' transitui nor Postgate's ponte can easily be paralleled. ferro, igni: I. 59. I n. 10.5. vadit: 1. 7. 7 n. cedentium pugna : pugnae N, corrected by Gronovius ; but L. rarely uses cedo with the plain abl. 'to leave' (cf. 2. ro; but contrast 47. 2 ex acie cessit). cedo with dat. 'to give way before' is common (cf. 4. 33. 3) and should be retained here. 10.6. Sp. Larcium: the name is Etruscan (C.I.L. 12 • ro87, 1570,1958) and the Larcii are but one of many Roman gentes of undoubted Etruscan origin. For his later history see 11. 7-ro, 15. 1. In reporting him and his brother T. Larcius, the manuscripts vary between -cius, -tius, and -gius (see Conway's note in the O.C.T.). In all places -cius should be restored. See Miinzer, R.E., 'Larcius (4)'. The gens is lost to view until the late Republic. T. Herminium: another Etruscan family (cf. Virgil, Aeneid I I. 642 ; Sil. Ital. 5. 580: see Schulze 173). For his doings cf. I I. 7-ro, 20. 8; D.H. 5. 26. 4 ascribes to him a corn embassy. The consul of 448 (3. 65· 2 n.) may be son or grandson but otherwise the family dies out. In the presence of two Etruscans in the Fasti it would be quite wrong to divine that Porsenna imposed a government of his own choice on Rome. See Munzer, R.E., 'Herminius'. claros genere factisque: 8. 7. 2, 9. 7. 2.

258

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10. Horatius Codes

2. 10

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10. 7. coegit: Codes. 10. 8. circumferens: as the dimax approaches the language becomes more poetical. The whole scene has, as editors have noted, much in common with the description of Hector breaking through the Greek wall (Iliad 12. 440-71). Cf. especially 10. 4 pontem ... interrumpant with 440-1; 10. 8 circumferens ... oculos with 466; 10. 10 ingenti gradu with 458 EO ~haf3as. It was probably mediated to L. through Ennius for the language contains much that is characteristic of Latin poetical usage. For circumferens oculos cf. Virgil, Aeneid 12. 558; Ovid, Met. 6. 16g, 15. 674; for truces minaciter oculos ef. Lucan 7. 2g I ; Silius 3. 76; for proceres see 2. 46. 7 n.; for detrudere ef. Plautus, Mere. 116; Virgil, Aeneid g. 510; ef. also 28. 3. 7. The whole passage is imitated by Amm. Marcellinus 31. 13· 4· 10. 9. cunctati: notice the typically Livian pause to provide an almost mechanical 7TEpL7T€Tna (g. 32. 5, 37· 43· 4)· 10. 11. 'Tiberine pater': ef. Virgil, Aeneid 8. 72-73:

Aristogeiton) and of a living not till after 400. It must have been a cult-image or an ex voto. uno die: no explanation of this record is forthcoming. It may have been invented to balance the Prata Mucia (13, 5 n.). The gift of as much land as you could plough in a day is mentioned as a common reward for heroism by Pliny (N.H. 18. g). 10. 13. fraudans: 5. 47. 8.

2. 10.

7

'Tuque, 0 Thybri tuo genitor cum jlumine sancto, Accipite Aenean.' Macrobius 6. I. 12 expressly says that Virgil is here modelling himself on Ennius (= Ann. 54 V.), who may be assumed to have been treating ofCocles. Servius remarks that at times of drought prayer was offered to the Tiber with the formula 'adesto Tiberine cum tuis undis'. I t is likely, therefore, that Ennius, as often, has adapted an old prayer formula. The story of Cocles was in origin the myth of a religious ceremony (see above). The poetic character of Cocles' prayer is further seen in the remarkable use of hunc militem = me, for which see Nisbet on de Domo 5· It is found both in light (Terence, Heaut. 356) and solemn contexts (Ennius, Ann. 216 V.) but never in ordinary prose and cannot be paralleled from L. Here it is eased by haec arma. sic armatus: 'in full armour as he was' ; ef. Cicero, pro Roscio Amer. 7 I sic nudos. The juxtaposition of ita sic led Novak to delete sic, Heerwagen to write ita sicut. 10. 12. statua: Pliny (N.H. 34. 2g) says that the first honorary statue erected in Rome was of Horatius Codes and that it was still standing in his own day. It represented a bronze warrior in full armour. This is probably the same statue as that moved from the comitium to the Area Vulcani (see above). The statue may date from the sixth century, for such figures both in sculpture and in architecture were fashionable then (Richter, Etruscan Terracotta Warriors, 7 ff.; E. H. Richardson, Mem. Am. Acad. Rome 21 (lg53), gg-lOo). But it cannot have been a statue of Cocles. In Greece the earliest statue in honour of a dead man was only erected in 509 (Pliny, N.H. 34· 17 Harmodius and 260

2.10.12

11. The Ambush Douglas surprised the English garrison of Castle Douglas under Thirlwall by an identical stratagem (Scott, Tales of a Granijather, I. 81-82). It is one of those classic ruses which belongs to the world of heroic tales. It has no firm place here either (51. 2-4 nn.). D.H. (5.22.5; ef. Plutarch, Poplicola 16. 3) places it not after Codes but after Mucius which shows it to have been a fluid incident. Even in L. it is rather roughly inserted. At the beginning we read ex agris pecus in urbem compelleretur (I I. 3) which picks up in urbem ex agris demigrant (10. I) ; at the end obsidio erat (12. I) harks back to consiliis ad obsidendam (urbem) versis (II. I; for this technique cf. 5. 5 n.). L.'s reason for including it at this point is to build up the suspense for Mucius and Cloelia. Further evidence of its isolation may be seen in the lack of clarity in the narrative. Valerius who was stationed on the Caelian may be presumed, although it is not stated, to have led his troops out of the Porta Caelimontana. He was the first to engage the enemy but they are said to be versi in Lucretium (who was still in concealment at the Porta Naevia) when they were attacked by the second detachment under Herminius from the rear. As the plan of Rome shows it is indeed true that the Etruscans when engaged with Valerius would have been facing Lucretius-for both men were to the south of the Etruscan position near the Porta Esquilina-but it is not what we would expect L. to say (Glareanus followed by many editors would substitute Valerium for Lucretium) and we are left with a very hazy picture of the battle. The names of the commanders are, of course, merely supplied at random from the Fasti and all the military details (cohortes, manipuli) anachronistic. 11. 4. ultor . .. vindicem: the distinction is between private and official vengeance; cf. VeIl. Pat. 2. 7. 6. 11. 9. concurrit: not elsewhere used with ex insidiis. The stock phrase is consurgere ex insidiis (50. 6; Caesar, B.C. 3· 37· 5), which Aritzenius, followed by Cornelissen and R. Schneider, proposed to read here. Normally the scene of the ambuscade and of the ensuing battle are the same, but on this occasion Herminius who lay concealed had to cover some ground before joining the assault. concurrere, therefore, rather than consurgere fits the context.

508 B.C.

508 B.C.

Naevia: ef. Varro, de Ling. Lat. 5. 163; Festus 170 L. According to the ancients it got its name from Naevius quidam but there is no further elucidation. It was situated on the Aventine. 11. 10. dfuse evagandi: the sense is 'wandering at random' -evagor is only used of issuing from a place (22. 47. 2, 23. 47. 5). L. has dfusi vagari at 38. 48. 5, 42. 55. 5 and vagandi should be read here (see WolfHin, Bursians Jahresbericht 3 (1874), 737).

12-13. 5. C. Mucius Scaevola Compared with Cocles the history ofScaevola's feat is a more complex affair. As Festus shows (104 L.), the etymology will only work in Greek, and the story is older than either cognomina or the familiar usage of Greek. The first historical Mucius Scaevola was praetor in 215 so that there is a gap of 250 years between his family and his reputed ancestor. There may have been a direct descent. The usual praenomen among the later Mucii Scaevolae was Q. or P. but a C. Mucius Scaevola is mentioned as xvvir s.f at the ludi saeculares of 17 B.C., and there is no significance in the fact that the gens Mucia was plebeian while L. implies that Scaevola was a patrician. That is but a part of the normal falsification which excluded all plebeians from early government. None the less it is hard to believe that the story could have been passed on for so long within the gens. We should look for the origin of it elsewhere. The heart of the story is the plunging of the right arm into the flame on the altar (ef. the legate Pompeius and King Genthius in c. 168: Val. Max. 3. 3. 2). The burning of the right arm can have only one significance. It is the punishment for the breaking of an oath or pledge. From the earliest times thejiamines sacrificed to Fides manu ad digitos usque involuta (I. 21. 4 n.; ef. Servius, ad Aen. I. 292 : see also Wissowa, Religion, 134). Nor are parallels for such penalties scarce. Munzer adduces the story of Rudolph of Swabia. More familiar is the gesture of Cranmer. It follows that the original story of C. Mucius was a story about his punishment for perjury and, we may be sure, his heroism in enduring it. Whether it had any connexion with Porsenna is uncertain but not impossible (13, 5 n.). The present form of the story, the attempted assassination of Porsenna, is an early-third-century fabrication contrived, like so many others, under the influence of Greek legend. The entry in disguise into the enemy's camp is reminiscent of the legend of Codrus, king of Athens (see also 12. 2 n.). The presence and dignity of the secretary in attendance on Porsenna is purely hellenistic, as Bayet observes (cf. Nepos, Eumenes 1.5). The famous history of Cynegeirus in Herodotus 6. 1 I4 may also have contributed, and antiquarian curiosity appended the Mucia prata (13, 5 n.).

In substantially the present form it circulated from 200 onwards, and was retailed by Cassius Hemina (fr. 16 P.; ef. Cicero, Sest. 48; Parad. 12). For L. the climax is the dialogue between Mucius and the king and he leads up to it with the minimum of delay. D.H., keeping closer to his original, narrates how the whole plot was debated and approved in the Senate. This is repetitious and destroys the element of surprise. Prosaically he explains that Mucius spoke Etruscan and he allows Mucius to exploit that gift in several rambling discourses. By contrast, L. paints a vivid picture of a proud and enterprising Roman, motivated by indignatio at Rome's shame rather than driven to desperate measures by her plight. He is not afraid to assert himself and, when he speaks, he speaks with the grandeur of an ancient hero (12.5 n., 12.9 n.). See Burck 56-57; W. F. Otto, Wien. Stud. 34 (1912), 320 ff.; Munzer, R.E., 'Mucius (10)'. 12. 1. obsidio: the preliminary situation is summarized in a long subordinate sentence (1-4), which clears the ground for the actual action. So also the complex sentences in 7-8 prepare the way for the dramatic 9 ff. For this technique cf. 10. 3. 12.2. C. Mucius: D.H. 5. 25.4 gives him the cognomen Cordus (K6opoc; according to the manuscripts). So also .EBob. Cicero, pro Sestio, 131 St. Cf. Plutarch, Poplicola 17. 8 J:187/v6owpoc; 0 .Eavowvoc; €V TIp 7TPOC; , OKTaov{av ... Kat' O.p{yovov (= Cordus ; cf. Quintilian I. 4. 25) cl>vofLau8at eP7/u{v. The cognomen was probably inspired by the model of King Codrus of Athens (see above). For the name and its corruptions in Latin see]. G. Griffith, C.R. 1 (1951), 138--9. It will not have been original. It is notable that the moneyer [- Mucius?] Cordus issued in conjunction with Q. Fufius Calenus between 71 and 67 coins with .the unique legend HONOS and VIRTUS (ef. 12. 15 virtuti honos; 13. 6 honorata virtute: Sydenham no. 797). See Syme, Historia 4 (1955), 69· cum sub regibus esset: explaining servientem. Objection has been taken to the phrase, chiefly by Tittler (Jahrb.f Class. Phil. 75 (1857),800), Cornelissen, and Karsten, the last two of whom would perform further surgery to the sentence but it is evident from itaque that the sentence was involved and shapeless as written. itaque is resumptive, picking up the thread of an over-long sentence as at 8. I I . 9. 12.4. ignaris omnibus: abl. abs. 'without telling anyone'; ef. 7· 5· 3. See Wackernagel, Vorlesungen aber Syntax, 2. 271. fortuna: 'the present plight of the city would lend plausibility to the charge'. 12. 5. 'transire Tiberim': Mucius' sentiments recall Virgil, Aeneid 9. 186-7, 240-3 (Nisus). The resemblance of situation and thought suggests that for the contents of Mucius' speech, L., like Virgil, has

262

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2. 12- 1 3.

5

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508 B.C.

turned to Ennius. The language is equally dignified. For si di iuvant ef. Plautus, Capt. 587. 12.7. eum
L. is saying not merely that their business is with the king alone but that they are going to attempt it singly. The two separate points demand et. 12. 12. infensus: 1. 53. ro n. per ambages: 1. 54. 8 n. 12. 13. 'en tibi': ef. Catullus 61. 156 with Kroll's note. 12. 14. hostilia ausus: I. 59. 4; Sallust, Jug. 3. 2, 88. 5; Tacitus, Hist. 4· 15· 2, 20·4· macte: 4. 14· 7, 7· ro. 4,7· 36 . 5, ro·40 · II, 22·49· 9, 23· 15· 14· The meaning and origin of this much disputed phrase seems to have been satisfactorily settled. See Wunsch, Rh. Mus. 69 (1914), 127 ff.; Palmer, C.Q.. 32 (1938),57-62; Skutsch and Rose, ibid. 220-2; Gonda, Mnem. 12 (1959), 137-8; Walde-Hofmann S.V. Derived from *magere (ef. magnus) , whose root meaning combined two ideas 'to make great', with the accessory notion of superiority to human conditions, and 'to gladden'; cf. Vedic mdhati. macte is the vocative of the past participle, used originally in invocations: ef. Cato, de Re Rust. 132 macte vino inferio esto; Cicero, de Div. I. 17-22. From it the verb macto was formed which, like dono, is followed (i) by the accusative of the god and the abl. of the offering to be made; (ii) by the accusative of the offering and the person to whom it is offered. Hence macte virtute esse used of men can be seen both from its syntax and from its sense to be no archaic phrase. It is an antiquarian idiom concocted to convey something of the spirit of 'Bravo'. Cf. Seneca, Epist. 66. 50 macte virtute esto sanguinulentis ex acie redeuntibus dicitur. Ofmuch the same character are the other expressions employed by Porsenna. 12. 15. ut: consecutive; 'to prove that you have won from me by kindness what you could not have done by threats (I will tell you that) ... '. via grassaremur: cf. Sallust, Jug. 64· 5. 12. 16. cuiusque: the manuscripts here read utcumque ceciderit primi but primi cannot be construed either as a gen. singular or nom. plural. The sense intended might be 'as each man's lot turns up' or 'however it will happen' or 'whenever it will happen'. In either of the last two cases it would be necessary to delete primi (Crevier, Lallemand)neither primo (Weissenborn) nor primis (Bayet) is intelligible-but both seem doubly repetitious when followed by quoad . .. dederit and suo tempore. The mention of sors requires that Mucius should be talking about the would-be assassins. Hence Madvig's ut cuiusque ceciderit (sc. sors) primi. The only remaining difficulty is the use of cado for excido (21. 42. 3, 22. 1. I 1,23. 3. 7). We must either explain it as an instance of dramatic speech or, with Queck, read exciderit. cadit sors is found in Cicero, de Div. I. 34: elsewhere only in the Vulgate and Carm. Epigr. lI58. 3.

2. 12.5

26 4

2. 12. II

508 B.C.

508 B.C.

13. 1. Scaevolae: cognomina derived from physical peculiarities are extremely common and the Mucii may have been a left-handed family although we have no other evidence. Since, however, the aetiology is false, I incline to believe that the name should originally be associated with a superstitious side of the word. scaevulae are small phallic ornaments supposed to have magical properties. Cf. also Scaeva in Caesar, B.C. 3· 53· 4· 13.2. condiciones: the proferred peace is no more than a piece of stagemachinery to create the situation in which Cloelia should be handed over as a hostage (14. 6 n.). 13. 3. nequiverat Tarquiiis: Tarquiniensibus (D. S. Colman) makes the expected contrast with Romanis; cf. 6. 4. 13. 4. expressa: as Walker has been alone in observing, the text is gravely obscure and may well be corrupt. necessitas is usually used in the abl. with the passive of exprimere: d. 6. 3. 4 orationem necessitate ultima expressam; 8. 2. 6; Suetonius, Aug. 57. I. In those passages a result is extracted through necessity. The active form of the same idea whereby necessity extracts a result is also found, e.g. 3. 30. 6. Here, however, necessitas appears to be not the agency but the object of the extraction. Yet it is clearly hostages not necessitas which are extracted. Walker proposed expressitque necessitas obsides [dandi]. Alternatively dandi could remain if we read expressique necessitate obsides dandi Romanis 'the surrender of hostages by the Romans was extracted perforce'. If the text is to be kept expressa must be given not its normal sense 'extract' but 'state'. 'The treaty stated that the Romans had to give hostages if they wanted the Janiculum evacuated.' The issue is not faced by translators: 'he compelled the Romans to submit to give hostages' (Baker); 'forcing the Romans to give hostages' (de Selincourt); 'il imposa aux Romains l'obligation de donner des otages' (Baillet). composita pace: d. Plautus, Mere. 953; Propertius 2. 2. 2; Virgil, Aeneid 7.339, 12.822. 13. 5. Mucia prata: d. Paulus Festus 131 L. The site of the fields is unknown but Pais drew attention to the Muciae Arae, mentioned by Pliny (N.H. 2. 2 I I) as being in Veiente ... in quibus in terram depacta non extrahuntur. The name suggests that the Mucii originally owned land on the confines of Rome and Veii as did the Fabii, and support for the hypothesis is to be found in 13. 4 de agro Veientibus restituendo, which closely links the Mucii with a border dispute. It would be confirmed for certain if we knew the tribe to which the Mucii belonged but that detail has not survived. We would expect it to be the Fabia (L. R. Taylor, Voting Districts, 279). For another example of an aetiology being invented to explain a family's ancestral property d. 3. 13. 10 (prata Quinctia).

13. 6-11. Cloelia No two authors tell the story alike and it is told by many (Florus I. 10.7; Orosius 2. 5. 3; Val. Max. 3. 2. 2; de Viris Illustr. 13; Virgil, Aeneid 8. 651; Seneca, Cons. ad Marc. 16. 2; Juvenal 8. 265 with 1:; D.H. 5. 32. 3-35· 2; Plutarch, Poplicola 19· 2; de Mul. Virt. 14; Polyaenus 8. 3 I ; Servius, ad Aen. 8. 646). The principal strands can be isolated. The first is the simple tale of a girl who rescued her fellowhostages. The second is the wonder of a girl who crossed the Tiber on a horse. The first I take to have a firm foundation in that twilight history which is all that can survive from an unlettered age. The exploit is feasible and the Cloelii cannot be dislodged from the early Fasti (2. 21. In.; 4. 7. I, II. 5 nn.; 4.17. 2 n.; d. I. 23. 3 n.; 3. 25. 5 n.; 4. 9. 12 n.). The second is an amplification of the story inspired by a rough equestrian statue that stood in summa Sacra via until destroyed by fire sometime in the first century (D.H.). Whom the statue actually depicted is uncertain but it was probably a divinity (13. I In.). The story had certainly assumed its full dimensions in L.'s source. That that source was not Valerius Antias can be seen from a comparison with D.H. In D.H. (as in Plutarch; cf. Pliny, NoH. 34. 28) the leading role is shared by a Valerius of whom there is no trace here. See Burck 54-55; Munzer, R.E., 'Cloelius (13)'. 13. 6. frustrata custodes: much elaborated by D.H. who makes Cloelia unman the guards by an appeal to their respectability. tranavit: no mention of the horse. L. like others was evidently puzzled how she could have got hold of one. 13.7. habiturum: for the use of the acc. and info in a subordinate clause in or. obI. d. 4.51. 4, 6. 27. 6, 26. 27. 12; Tacitus, Hist. I. 17; Annals 2.33; Bell. Hisp. 22. The parallels show that the use is rare but authentic (Ruperti wished to delete quemadmodum). It serves to make Porsenna's ultimatum, as presented in indirect speech, memorable. intactam: if -que is rightly preserved after inviolatam some such adjective must have dropped out. 13. 9. quos vellet: the hostages were of mixed sex as was the usual custom. The girls had run away so that only the boys were left. Cloelia was allowed to select some of them and she chose the impubes because they were most in danger of being outraged (muliebria pati: see Shaedel, Philologus 22 (1865), 183). This agrees with the vulgate but Servius (loc. cit.), perhaps misunderstanding L., says elegit virgines quae iniuriae poterant esse obnoxiae. Her choice is said to be virginitati decorum because her delicacy of feeling prevented her from choosing people whose age might lead to misconstruction of her motives.

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13. 10. impubes: the short form, for impuberes, is also found at 9. 14. I I, 42. 63· ra, and e.g. Tacitus, Hist. 4. 14. quod: not 'because' (Pike) but 'her choice' (= quae res). 13. 11. Romani: L heightens the importance of the reward by making it the gift of the Romans as a whole. Piso makes the other girls responsible, D.H. the fathers, Servius Porsenna himself. virgo insidens equo: the statue had been destroyed by fire before 30 B.C. but was subsequently replaced (Seneca, Plutarch). Equestrian statues, as a type, were borrowed from the Greeks (Pliny, N.H. 34. 19) and cannot be earlier than the fourth century at Rome. Camillus is credited with one (8. 13. 9) as also is Q. Marcius Tremulus (Pliny, N.H. 34. 23)· The 'Cloelia' group must be older than Cato and so cannot have represented Cloelia. The most likely theory is that it is of a deity. Pais wished to connect Cloelia with Venus Cloacina (3. 48. 5 n.) but there are no grounds for the connexion and no evidence that Venus Cloacina was represented on horseback. Nor should the coincidence of horse and water be pressed into service as evidence that the group represented Neptune (or Poseidon). A more probable identification, made by Schwegler, is with a statue of Venus Equestris mentioned by Suidas (s.v. )1
et stili curialis'. The present passage betrays signs of neither tendency.

2. 13. 10

2.14· 4

Plutarch (Poplicola 19. ra) gives more details. When there is to be a public auction of booty or proscribed property the heralds open proceedings by announcing 'the belongings of Porsenna'-TLf-L~v TljJ dVDp1 TijS XapLTOS diDtav EV TV f-LV~f-L,[] DLu
The Battle qf Aricia For the early history of Cumae see Dunbabin, The Western Greeks; J. Heurgon, Recherches . .. de Capoue pre-romaine. It had for long been a position of importance as the chief outlet for Etruria to Greek commerce. Distinctive Cumaean pottery from the mid-sixth century has been found at Tarquinii and Caere. With the development of other ports such as Spina and Atria her commercial importance declined but the rich volcanic soil enabled her to build up a considerable corntrade. It was on corn rather than commerce that her prosperity depended c. 500, but on either score she was an envied prize for the Etruscans who expanded into Campania in the latter half of the century. Under the leadership of Aristodemus (21. 5 n.) Cumae resisted that expansion while preserving friendly relations with the maritime states of Tarquinii and Caere. In 524 she defeated an assault by Etruscans, aided by Umbrians and Daunians (D.H. 7.3-4). Her victory at Aricia (c. 506) was confirmed thirty years later by the decisive Battle ofCumae (474). Her policy is consistent throughout the period. The only ambiguous feature is her relations with Rome. We would expect her to have been uniformly friendly with Rome-a city of the same culture and sympathies as Caere--but in 49 1 (34. 4) she impounds some ships that had come from Rome to seek corn. This gesture may have been inspired by a purely tyrant-tyrant friendship. Aristodemus was Tarquin's heir. But it is to be remembered that Rome had been conquered by Porsenna and forced to make humiliating terms with him (Pliny, N.H. 34. 139). How long that treaty subsisted effectually is not certain; the first signs of Roman independence can be detected under Sp. Cassius. For ten years or so Rome collaborated with Porsenna and that fact is not likely to have endeared the Romans to Aristodemus. 14. 6. perculerat: the Livian 7T€PL7T€T€LU. Latinis: presumably the members of the Latin League of Aricia. 14.9. Tuscum vicum: the street leading from the Forum to the Circus Maximus along the west end of the Palatine and forming the eastern boundary of the Velabrum (see plan). Its Etruscan associations are confirmed by the statue of the Etruscan god Vortumnus which stood there (Varro, de Ling. Lat. 5. 46; C.I.L. 6. 9393). Two explanations of the name were current in antiquity, that given by L. (D.H. 5. 36; Festus 486 L.) and Varro's that it was the residence of Etruscans who had come to crush Titus Tatius (cf. Propertius 4. 2.49-50; Servius, ad Aen. 5. 560). Modern speculation has added a third, that the settlement was composed of workmen who came to build the Capitoline

268

26 9

14. Bona Porsennae and Tuscus Vicus

The Bona Porsennae

508 B.C.

506 B.C.

temple (cf. Tacitus, Annals 4. 65). In truth, there had always been a sizeable Etruscan population at Rome from early times and it was inevitable that they should have congregated together. There was also a vicus Tuscus in Pisidian Antioch (C.I.L. 3. 6837). See PlatnerAshby s.v.; Welin, R.E., 'Tuscus vicus'.

Valerius Antias according to Peter, Hist. Rom. Rel. cccxxvii). L. omits one complete year and in P. Lucretius records a completely mythical personage. But his account is consistent. The divergent chronologies of the dedication of the Capitoline temple and the wars with Porsenna were caused by the fact that L. (and his source) did not know of Horatius' second consulship. Such vagaries are characteristic of the Fasti used and given by Licinius Macer. It is commonly held that the libri lintei were only lists of consular tribunes and covered no more than the period of that office. But the peculiarities of Licinius' Fasti are not confined to 443-366 and I should be inclined to believe that the libri lintei were a complete list of eponyms from the beginning of the Republic. This must cast grave suspicion on all chronology (such as the revolts of Cora and Pometia, and the battle of Lake Regillus) which depends to any extent on Licinius. P. Lucretius: nothing else is known of him and he is probably an error for either M. Horatius or Sp. Larcius. P. Valerius Poplicola: the entry is unusual. At 9. I he is P. Valerius iterum and at 16. 2 P. Valerius quartum, but nothing can be inferred from this when the whole list is so awry. See also 16. 7 n. 15. 2. non quin: 'it would have been easy enough, they declared, to give a curt refusal, on the spot, to Porsenna's overtures. That was not the reason why Rome had sent representatives of such distinction rather than anwer the Etruscan envoys directly' (de Selincourt). 15. 3. hostibus: N read hostibus potius quam portas regibus where the hyperbaton emphasizes regibus effectively. The reading should be kept. ea esse vota: for the text see G.Q.. 7 (1957), 76. The sentiments are typical of the Republican attitude to monarchy cf. Sallust, Catil. 33· 4· For portas patifacere cf. Cicero, Phil. 5· 49, roo 7. 15. 5. obtundam: Porsenna's language is diplomatic; cf. Cicero, Verr. 4· ro9; ad Herenn. 3. 17, 4· 52. pacem distineat: 37. 12. 2; Caesar, B.G. 7. 37. 3; Cicero, ad Au. 3. 23· 5; Phil. 12. 28. 15. 7. [ita]: the position is awkward and not properly defended by 8. 6. 2. The simplest remedy is deletion but L. frequently closes an episode with a summarizing sentence opened by ita: cf. 1.5.7,7.3, roo 7, 13· 5, 26. I, 2. 14· 7, 25· 1,31. ro, 33· 9, 49. 12,50. I 1,51. 9 et al. I prefer Weinkauff's transposition: ita Romanis pax fida cum P. fuit (Rh. Mus. 22 (1867), 156).

2. 14· 9

15. Peace with Porsenna The tailpiece to the history of Rome's war with Porsenna is provided by the embassy which persuades him to recognize Roman libertas. Critics have attempted to dissociate this chapter from the preceding narrative. Soltau and Seemuller, arguing that there can only have been a single peace with Porsenna, saw a doublet in the condiciones of 13· 3 and thepaxfida of 15.7. Soltau further claimed that Porsenna's embassy in 15. I was so unmotivated that it must have belonged in reality to the events related by L. under the preceding year. The whole course of the negotiations between Rome and Porsenna was a creation oflatter-day historians and could be extended to taste. Moreover, 15. 6 patently picks up and continues 13.4. See also 15. I n. The chapter, therefore, belongs closely with the preceding narrative and forms a fitting conclusion to it. Pax fida cum Porsenna. The Tarquins had their contact with the Mamilii and Tusculum (1.49.9 n.) and the tradition that both the Tarquins and Octavius Mamilius fought on the same side in the Battle of Lake Regillus is unlikely to be an invention. It makes good sense. On the other hand, the reason of Porsenna for abandoning the Tarquins is far too highminded. As has been shown above, it was most unlikely that he ever helped them. If the Tarquins did go to Tusculum, they will have gone from Caere. The whole point of the episode is to underline the great truth that libertas and Rome are synonymous-a truth so magnificent that it impresses even a barbarian king. It is stated with all the rhetorical power at L.'s command (15. 3 n.) and is accepted with equal dignity (15.5 n.). 15. 1. For a full discussion of the textual difficulties of this passage see C.Q.. 9 (1959), 270-1. All attempts to secure from the manuscripts two pairs of consuls are misconceived. The separated praenomen in fJ. (Purius P.) is not a trace of a telescoped name. In several manuscripts p. or p. = proprium (sc. nomen) is inserted before a name to indicate to the reader, in default of capital letters, that he is coming to a proper name (0. Rossbach, B. Ph. W., 1920, p. 697, n. I; E. Harrison, Cambridge University Reporter, 27 May 1930). The phenomenon is frequent in N; cf. Thus L.'s list of consuls for 506 was P. Lucretius and P. Valerius Publicola. It disagrees with the conventional list given by D.H. (from

16-18. 505-501 B.C. It is as difficult for the modern reader, as it clearly was for L., to see any coherent pattern in the events of the years leading up to the Battle of Lake Regillus. The Fasti were available and a few events may have been documented (the triumphs, the first dictatorship, and the wars

27°

27 1

2·43· 3, 51. 4, 61.

I,

64· 2, 3· 12. 5·

505 B.C.

505 B.C.

with the Sabines; cf. 18. 2 n.) but even here there was wide scope for doubt and distortion. Other events, such as the migration of the Claudii or the activities of Octavius Mamilius, were handed down not in records but in traditions of varying reliability. The credentials of each are considered in turn below. D.H. follows a separate tradition from L. In addition to giving a different chronology for Lake Regillus (19. 2 n.; D.H. expressly says that the chronology adopted by L. was that given by Licinius Macer), he knows nothing of the revolt of Cora and Pometia and the two wars against the Aurunci. Instead he has four wars against the Sabines and places Cora and Pometia in 495. Now it has long been realized that L. duplicates the history of Cora and Pometia, for under 495 (22. 2) he again speaks of their revolt and suppression, and this later section is unquestionably derived from Valerius Antias. It follows that the first account of their revolt (16.8) cannot be from Valerius Antias. When it is noticed that L. cites a variant tradition that makes M'. Valerius the first dictator and tacitly agrees with Licinius Macer concerning the first ovatio (16. 9 n.) it can hardly be denied that he must be using Licinius Macer as his main authority. The paucity of facts afforded little scope for embellishment. The facts are presented soberly and annalistically. They pave the way for the great account of Lake Regillus. 16.1. M. Valerius: a brother ofPublicola. See also 30. 4 n. P. Postumius: 16. 7, his filiation is given as Q·f by D.H. 6. 69' 3 and the cognomen Tubertus by D.H., Cicero, de Leg. 2.58, and Pliny, N.H. 15. 125. For his ovatio see 16.9 n. and for a possible grandson 4. 2 3. 6 n. The origin ofthe family is undisclosed. They were a patrician family but not one of the gentes maiores; they may have come to Rome with the Tarquins from Etruria. Diodorus (16. 82. 3) mentions IIouTo/Lwv TOV TvppTJvov a pirate in 339, and a M. Postumius from Pyrgi is prominent a century later (25. 3.8-5. I). Different branches of the family played a leading role throughout the course of Roman history. See Munzer, R.E., 'Postumius (64)'. cum Sabinis: the Sabine menace had been dormant for many years but Porsenna's incursions coupled with the collapse of the central government at Rome may have activated them again. The record is inherently probable. The triumph figured in the Fasti Triumphales: M. Valer[ius Volusif-n. Volusus] cos. [de Sabineis P. Postu[mius Q.f-n. Tubertus] cos. [de Sabineis. It is the first of the Republican triumphs recorded by L. although the Triumphal Fasti have regal entries and also allot a triumph in 50 9 to P. Valerius Poplicola over the Veientanes and Tarquinienses. The authenticity of the records depends in part upon the history of the ceremony. The ancients were unanimous in believing that the triumph

was Etruscan in origin (Strabo 5. 220; Florus I. 5. 6; Appian, Lib. 66; but cf. [Servius), ad Aen. 4. 37): the triumphal garb was Etruscan (Macrobius I. 6. 7) and the crown was termed the corona Etrusca. The very name triumphus, formed from the cry io triumphe, was the Greek 8pla/Lf3os mediated through Etruscan sources (Varro, de Ling. Lat. 6. 68; Servius, ad Aen. 10. 775). An Etruscan origin would suggest an early date, and since the central act of the ceremony was a procession to the Capitol and an offering in the temple ofJuppiter a.M., it was reasonable to connect the institution of the ceremony with the foundation of the temple (EWers, R.E., 'Triumphus' with earlier literature). Wallisch, however, has challenged the conventional account (Philologus 99 (1955), 245-58), pointing out that morphologically triumphus must be mediated from the Greek through S. Italy and that the distinctive feature ofa triumph, the appearance of the triumphator in the guise ofJ uppiter, is based on the late Hellenic idea of the conqueror as Dionysus, the son of Zeus, the God-Liberator (cf. Clearchus in Justin 16.5. I ff.; Alexander in Plutarch, Alex. 67; Arrian 6. 28; Curtius 9. 10. 24 ff.). The Etruscan pictures usually claimed to represent triumphs lack the characteristic laurel-branch and sceptre carried in the hand and should rather be associated withpompaefunebres. Besides, the corona Etrusca is not old (Pliny, N.H. 21. 6, 33. II). Wallisch does not, however, do justice to the central idea. The victorious general had to perform a thanksgiving and discharge his votum. This is a very ancient rite and I would believe that the original triumph was no more than the general's procession to the Capitoline temple. All the paraphernalia may well be subsequent embellishment introduced after 300 B.C. from Greek models, but the central act is as old as the temple and was recorded either in the Annales or in separate records on the Capitol. For later triumphs see 16.6, 16.9, 17. 7,20.

2. 16-18

27 2

2.16.

I

13, 31. 3· 16. 4. Attius Clausus: it was an old family tradition that the Claudii came to Rome from Sabine country and it was true. The singular praenomen Appius, the distinctive funeral practices, and the longcontinued clientela among the Sabines attested by inscriptions all speak to the truth of the tradition. But they can scarcely have migrated to Rome in 504. They were a patrician gens and, as such, their roots in Rome must go back to the monarchy. They were one ofmany nomadic shepherding clans who settled at Rome with the rise of agricultural prosperity. Suetonius (Tiberius I) dates their migration to the time of Romulus, Appian (Reg. 12) to that of the Tarquins. The version which dated it to 504 (so also D.H. 5. 40; Plutarch, Poplicola 2 I; Servius, ad Aen. 7. 706) was in part influenced by the certain fact that the tribus Claudia was organized in 495 (2 I. 7 n.) and in part by a tendentious desire to make the Claudii great Republicans, lovers of 814432

273

T

504 B.C.

504 B.C.

libertas, who are only induced to move to Rome when the oppressive tyranny of the Tarquins has been cast off. Appius Claudius may once have borne the praenomen Attus. It is a Sabine name (ef. C.I.L. 11. 6706. 2 At. Fertrio(s)) carried also by Attus Navius (I. 36. 4 n.). L., who writes Attius, may have misunderstood it as a nomen, for there was a gens Attia. But Appius' nomen cannot have been Clausus. The original Sabine form is Claudius from which Clausus is derived by the regular assimilation of dentals before consonant i in almost all the non-Latin dialects ofItaly (Conway ad loc.). Antiquarians, noticing the form Clausus in Sabine territory at a much later date, assumed that it was the primitive form. For his subsequent history see 21. 5, 29. 9, 30. 2. An Elogium set up in the late Republic in his honour (Inscr. Ital. 13. 65) also adds that he was quaestor. See Munzer, R.E., 'Claudius (321)'; Mommsen, Staatsrecht, 3.16 n. I, 175 n. 3; L. R. Taylor, Voting Districts, 35-37· turbatoribus belli: this difficult expression is explained by Ernesti (Opuseula l 322-3) who calls attention to the use of the verb turbare in the sense of cOllcitare (ef., e.g., Tacitus, Annals 4. 67: ef. the Greek 7T6/"EIWS ETapa.x6T) in Dem. de Cor. 151). belli is needed to balance pacis which rules out the conjectures ofTan. Faber (reipublicae) , Clericus (plebis), or H. J. Muller (vulgi). If turbatoribus is wrong, Novak's concitoribus (23. 41. 2, 29. 3· 3) is better that Gronovius's auctoribus or Crevier's hortatoribus. There are other signs ofcareless writing (18. 2 n.), which may excuse the text. Inregillo: N had ciiregillo or the like. The Claudii originated from Regillum (Suetonius, D.H., Appian) but a wrong identification of cognomina by a scholar, perhap due to the confusion of Crassin. Regill. with Crass. Inregill. (see the Fasti for 450) led to a town Inregillum and a cognomen Inregillensis (8. 15. 5; Fasti Cap.) being postulated. The corruption in N favours Inregillo here too and shows the late date of L.'s source. magna: D.H. says 5,000. clientium: 3. 44· 5 n. 16.5. vetus . .. appellati: appellata N. The problem here is to determine the meaning of the clause qui ex eo venirent agro. If it means 'those who come from this district across the Anio-for there were other members in quite different areas of Italy who were added subsequently to the tribe-were called 'Old Claudians', it will be necessary with Madvig to read appellati (cf. I. 43. 2). But the subjunctive is unexplained ('virtually oblique': Conway), venirent is a misleading term (censerentur Seyffert) and the whole clause qui . .. venirent in the natural run of the sentence is expected to follow after the plural tribulibus. I prefer an alternative explanation, putting commas after tribus and agro and taking qui ... venirent with tribulibus. 'The tribe was called

'Old Claudian' and there were later added to it new members who came from that area.' I take eo loco to refer to the land given to the Claudii rather than their Sabine homeland. The original members of the tribe were all Claudii, subsequently other residents in the area where the Claudii settled were given citizenship and enrolled in the same tribe. A particular example is the case ofFidenae which after its incorporation was enrolled in the Claudian tribe (G.I.L. 12 • 1709). Vetus is to distinguish them from the other pockets of the tribe created throughout Italy after 241. L. seems to date the creation of the tribe to the current year but D.H. in his parallel account says it was created avv Xp6vl{J after the migration of the Claudii. Geographical considerations suggests that it must have been after the fall of Crustumeria, so that both the Claudia and the Crustumina will belong to 495 (21. 7 n.). inter patres: 4. 4. 7. L. means that he was made a patrician rather than a senator. 16. 6. timeri posset: timere possent N, defended by Drakenborch, is at least as good. triumphantes: the Triumphal Fasti differ slightly: P. Valeriu[s Volusi f.-n.] Poblicol[a II cos IIII de Sa]bine[is] et Veient[ibus ... non]as Mai. 16. 7. P. Valerius: the formal vote of a public funeral was recorded in the Annales and was used by historians as the basis of a brief obituary (ef. Seneca, Suas. 6. 2 I : see Syme, Tacitus, 312). The earliest notices are not above suspicion (33. 10 n.) and may be no more than antiquarian reconstruction. Agrippa Menenio: one of the oldest Roman families, giving its name to the tribe. They perhaps came from or at least owned land in the region ofPedum and Praeneste (L. R. Taylor, Voting Districts, 43-48: the name is Etruscan). They were in historical times plebeian (4· 53. 2, 6. 19. 5,7. 16. I) and there is no reason to suppose that they were not always plebeian (32. 8). The presence of plebeian gentes in the early Fasti is well attested. Agrippa is remembered for the part which he played in the First Secession (32.8-12). P. Postumio: 16. I. The absence of iteration is not remarkable, for the practice of noting the number of consulships is the exception rather than the rule until the institution of the consular tribunate. I have noticed it only at 2. 8. 9, 16. 2, 3. 22. I, 66. I, and 4.8. I, whereas there are twenty-three occasions when possible iterations are omitted. The incidence of cognomina is equally random. de publico: 33. 10 n. luxere: Eutropius (I. I I) and the author of the de Viris lllustr. (15. 6) specify a year's mourning. Hence Kohler wished to add annum after Brutum: it would be better after matronae. 16. 8. coloniae: when last heard of, Pometia had been recaptured from

274

275

2.16.4-

2.16.5

2.

16.8

503 B.C.

the Volscians by Tarquin (1. 41. 7 n., 53. 2). Since it was ethnically a Latin town, it might loosely be described as a colonia Latina but in the doublet of this passage (22. 2), it is once again in Volscian hands. This is a much more likely account on three grounds: the Volscians, like the Sabines, took advantage of the confusion caused by Porsenna's invasion and the Fall of the Tarquins to encroach on the Latin plain; the Aurunci are nowhere in the neighbourhood (see below) and D.H. (5.44-47) knows only a Sabine war which he describes atlength. Cora: mod. Cori, on the north-western edge of the Volscian mountains. It was a Latin community (Virgil, Aeneid 6. 775: Origo Centis Romanae 17. 6) which claimed Trojan ancestry (Pliny, NoH. 3· 63)· It was a member of the Latin League of Aricia (Catofr. 58 P.) and consequently was for a while in the sphere of Roman influence, but, like Pometia, lying as it did on the outskirts of Latium, it was peculiarly exposed to attack. It is therefore no surprise to find it falling to the Volsci in 495 and, after its recovery, subscribing to the Latin treaty ofSp. Cassius (D.H. 5. 61). Apart from an assault by the Privernates in 330 (8. 19.5), it continued a peaceful and undistinguished existence down to the Empire. Its antiquity is confirmed archaeologically, for the cyclopean wall is earlier than the mid-fourth century (Blake, Ancient Roman Construction, 94) and there are 'Villanovan' burials. See Htilsen, R.E., 'Cora'. Auruncos: the Aurunci, in Greek AiluoVE" hence Ausones, were an Oscan tribe, who inhabited a region south of the Volsci, between the Liris and the Volturnus. At an early date their contact with the cities of Magna Graecia spread their name in the Greek world so that it was accepted as the name of the inhabitants of the whole of middle Italy. The capital of the people was Suessa (mod. Sezza). The Aurunci could not possibly have interfered in the affairs of Cora and Pometia at this juncture. The whole story arises from a mistaken attempt to connect the name Suessa with the false name for Pometia, Suessa Pometia (1. 41. 7 n.). See Htilsen, R.E., 'Aurunci'. 16. 9. trecenti: 300 is the traditional number in legend for hostages: cf. the 300 Corcyrean boys in Herodotus 3· 48 . triumphatum: by saying 'a triumph was held' rather than 'the consuls triumphed' (16. I), L. implies that only one consul triumphed. This is the view of Licinius Macer (fr. 9 P.; D.H. 5. 47.3) who says that Menenius was accorded a triumph, Postumius an ovatio-T6TE 7rpWTOV, w, ALKLVVW, [UTOpEL, TOVTOV EgWpOVU7"j' TOV 8pLaf-L{3ov Tfj, {30vAfj,. The Fasti Triumphales record: P. Postumiu[s QJ-n. Tubert]us ann. CCL cos. II o[vans de Sabinei]s III non. Apr. Agrippa M[enenius Cj.-n. Lan]atus ann. CCL cos. de[Sabineisprid]ie ntJn. Apr.

503 B.C.

2.16·9

Licinius' motives in investigating the origins of the ovatio were not unmixed. His kinsman M. Licinius Crassus had concluded the Slave War in 71, for which an ovatio was the conventional reward. Macer is at pains to dignify it, claiming it to be as longstanding and honourable as a triumph (Plutarch, Crassus 11-13). Licinius was approximately correct in dating the first ovatio to the early years of the Republic, for an ovatio differed from a triumph principally in the fact that the general did not wear the triumphal toga ofJuppiter and the kings but the praetexta, that he did not carry a sceptre, that he walked on foot instead of riding in a quadriga, that he was crowned with myrtle not laurel, and that he led rather than followed the procession. In other respects the ceremony resembled a triumph but these differences minimized its regal character, as would have been fitting in the early days of the Republic. Such an account of its origin is more plausible than the ancient theory, to be attributed to Varro, that the ovation was quasi Venerius quidam triumphus (AuI. GelI. 5. 6. 22; Pliny, N.H. 15. 125), a triumph accorded for a bloodless victory, myrtle being sacred to Venus, since bloodless victories were only one of several pretexts for which ovations were decreed. Successful generals invariably applied for a triumph but the decision whether to award a triumph or an ovation rested with the Senate who were guided partly by precedents-triumphs were not awarded when hostium nomen humile et non idoneum est, ut servorum piratarumque-but chiefly by political jealousies and partly by strife. See Rohde, R.E., 'Ovatio'. L. records ovations in 462 (3· ro. 4), 421 (4· 43· 2), 4ro (4.53. I I), and 390 (5. 31. 4); others are mentioned in 487 (D.H. 8. 67. ro) and 474 (Fast. Triumph.; D.H. 9. 36. 3). The entries look authentic.

17. 1. Opiter Verginius : the first of that important gens to be mentioned. Of Etruscan origin (Schulze roo), they probably came to Rome with the Tarquins. They are usually listed as patricians (e.g. by Broughton) but as with the Menenii this is an apriori assumption and later members of the gens are certainly plebeian. For the praenomen cf. Paulus Festus 201 L. cuius pater avo vivo mortuus est. In the divergent account of this year which D.H. (5. 49) gives, Verginius was responsible for the capture of Cameria. He is one of nine persons whose cremation, apparently after being surprised and killed in a battle against the Volsci in 486, is said by Festus (180 L.) to have been commemorated on a stele near the Circus. No certain genealogy ofhis relationship with the other Verginii can be established. See Gundel, R.E., 'Verginius (17)'. Sp. Cassius: the first and only Cassius in the early history of the Republic. The authorities variously report his cognomen as Vicellinus, Vecellinus, or Viscellinus. Vecellinus is the best form, and is probably formed from a place-name (cf. Medullinus). Weissenborn connected 277

502 B.C.

502 B.C.

it with the Vecilius mons mentioned in 3. 50. I (n.). Neither nomen nor cognomen suggests Etruscan forebears, which may account in some measure for his part in the negotiations with the Latins. Later Cassii, who came to prominence in the second century, were plebeian and employed the cognomen Longinus but there is nothing to prevent their belonging to the same gens, for Sp. Cassius may well have been a plebeian himself and a moneyer (L. Cassius Caeicianus c. 93 B.C.: Sydenham no. 594) certainly claims him as an ancestor. For his treaty with the Latins see 33.4 n.; for the dedication of the temple of Ceres 3.55. 7 n.; for his conspiracy and death 2. 41. I n. D.H. credits him with a victory over the Sabines and a triumph. 17. 2. igni: cf. 4. 33. 2 n.-a conventional stratagem without any basis in fact. Equally hackneyed is the language in which it is described. For caede ... complent ef. 8. 39. I; Sallust, Catil. 51. 9 (Skard); for inexpiabili odio cf. 39. 5 I. 4. 17.3. sed utrum: sedverumnomen N, which would imply that either L.'s source gave a corrupt name (i.e. Caelius instead of Cassius) or that L. thought that he had superior evidence which refuted the statement which he found in his source ('the sources gave a name but not the right one'). The only critic to defend the manuscript reading is Bitschofsky who sees a contrast between nomen and titulus (ef. Ael. Lamp. Diad. 6. 4 = Script. Rist. Aug.). This is far-fetched. The decisive passage is 10. 37. 14: Fabius ambo consules ... res gessisse scribit traductumque in Etruriam exercitum-sed ab utro consule non adiecit. Lipsius was the first to conjecture utrum for verum, which must be right. The change is minimal. But, like Drakenborch after him, he retained nomen. nomen makes poor sense. It was not so much the name as the identity of the consul which was in doubt. I would delete nomen with Hertz and Freudenberg. Nothing is gained by F. Walter's repunctuation-sed utrum? auctores non adiciunt (ef. 7. 33· 2, 44. 13. 4)· Most editors have neglected the evidence of ro. 37. 14 and emended the passage along different lines (sed viri nomen Heerwagen; verum nomen Alschefski; sed nomen Madvig; ceterum nomen Gundel). 17. 4. relatus: Duker's certain correction of N's relictus (ef. 20. 9). maiore: N adds bellum, which is retained by Weissenborn and Pettersson as a kind of zeugma, gestum being understood from inlata (ef. 25. 6. 19,39.25, 16,42. 49. ro), but it breaks the close connexion between ira and viribus. 17. 5. mole belli: ef. Virgil, Aeneid 5. 439; a Livian cliche: cf. fLWAOS

explained as a negligence, I think Sigonius should be followed. Pettersson's citation of ro. 15. I I is irrelevant. 17. 7. triumpharunt: in the Fasti only Sp. Cassiu[s -1 -n Vicellinu]s ann. CCLl cos. d[e Sabineis?].

2.

17· 5

in eo esset: 'the situation had reached the point that ...'. In this idiom res is usually expressed (8. 27. 3, 28. 22. 8 sing.; 30. 19· 3, 33. 41. 9 plur.). Sigonius could find no parallel in L. or elsewhere for the ellipse of res and inserted res before esset. Unless the ellipse be

18. 1. Postumum Cominium: his name is rightly given by Cicero, pro Balbo 53; de Rep. 2.57; Festus 180 L. N both here and at 33. 3 reads Postumius Cominius but it is unlikely that L. could have understood Postumius to be a praenomen and -ius for -us is a common corruption. The Cominii were a plebeian family who occur at rare but regular intervals (ef. 5. 46. 8 n. (Pontius Cominius) ; 8. 30. 6; Cicero, Brutus 271; pro Cluentio roo-2). They are Etruscan (ef. cumni; Schulze ro8) and Cominii are found at Praeneste (C.I.L. 14. 3roI). T. Larcium: a brother of Sp. 18. 2. scorta: Conway comments that 'wild behaviour at the games often gave rise to disturbances' and quotes Cicero, pro Plancio 30 and Tacitus, Annals 14. 17. But the story bears too close a resemblance to the Rape of the Sabine Women. That event was commemorated or re-enacted at the games of the Consualia (1. 9. ro n.) and the cry 'Sabinae!' was part of it. I hazard the view that this anecdote derives from what was taken to be a documentary notice in the Annales about the Consualia. It is quite unknown to D.H. (5. 50. I). spectare res videbatur: the text as given by N is sound but inelegant. For the repetition re ... res ef. 2. 47. 12. It is not an instance of deliberate aVTtfL€TCf8Wts (traductio) as is generally claimed. Bayet reads spectari videbatur but see Ernout, Rev. Phil. 16 (1942), 183-4: spectari is never found impersonally. 18. 3. supra belli Latini metum: in this much disputed passage two things stand out: (I) supra cannot be used for super 'on top of, in addition to' (ef. 27. 10 et al.); (2) the Latin War which is feared is the conspiracy of the Thirty Peoples led by Octavius Mamilius referred to in the following sentence (as printed in the O.C.T.). It is, then, nonsense to take supra . .. metum with the succeeding sentence, 'surpassing their fear of a Latin war was the additional news that the Thirty People were conspiring', since the fear in question is precisely the fear engendered by the news. At the very least it would be necessary to read Sabini for Latini, with the Editio Princeps. The same objection applies to Duker's proposed super for supra (Lallamand, Crevier, Madvig, H.]. Milller). The conspiracy under Octavius was not in addition to the fear of a Latin war: it was what occasioned that fear. On the other hand, common sense is against those who like Wex and Weissenborn attach supra . .. metum to the preceding sentence. The disturbances at Rome were, we may be sure, disquieting but they could not be regarded as more serious than a concerted

27 8

279

;fp1]os.

501 B.C.

501 B.C.

attack by the Latins ('quae terrore superaret bellum Latinum' Wex). The solution lies elsewhere. If quod . .. constabat defines the fear and the fear is additional to the disturbances at Rome, then that fear must be the subject of accesserat and we are forced to read supra (adv.) belli Latini metus [idJ quoque accesserat quod . .. ; cf. 27. 10 super haec timor incessit Sabini belli. id is interpolated from id quoque in 18. 4. triginta: the history of the political league of the Latin states can be traced in outline. It is to be distinguished from the religious community of Latins who met annually at the cult of Juppiter Latiaris on Mte. Cavo, whose names are preserved by Pliny (N.H. 3. 68). The moving spirits of the political league were Aricia (I. 50. 3 n.) and Tusculum (I. 49. 9 n.) and the fragment ofCato (58 P.) gives a list of the league at a very early date: Cora (16. 8 n.), Pometia (I. 41. 7 n.), Ardea (I. 57. In.), Lanuvium, Tibur, and the Rutulus populus. That was before Rome under Tarquin had secured association with the community. At the other end of its existence, in 338 13 members survived -Norba (34. 6 n.), Pedum (39. 4. n.), Cora, Aricia, Ardea, Circeii (I. 56. 3 n.), Nomentum (I. 38.4 n.), Praeneste (2. 19.2 n.), Setia, Signia (I. 56. 3 n.), Tibur, Lanuvium, and Lavinium. At some point between these two dates the league totalled 30 and the number gave its name to the community, surviving long after the arithmetical reality had passed. D.H. 5. 61 ascribes the increase to 30 to the current period leading up to the treaty of Sp. Cassius. His list is ApSWTWV, ApLK'I)VWV, BOLaAavwv (BoLAAavwv Schwegler), Bov{3EvTavwv,

the chronological (Ehlers, Mus. Helv. 6 (1949), 166 fr.; Sordi, I Rapporti Romano-Ceriti, 168-9). Of the workings of the league we know little. It met annually at the Lucus Ferentinae (Festus 276 L.) and conducted joint campaigns in time of war, Rome apparently supplying the commander. The position in 501 would seem to have been that with the expulsion of the Tarquins Rome's domination and perhaps even membership of the league ceased and Tusculum regained her former hegemony. Under such circumstances it is in no way odd that the league should have decided to commence hostilities against Rome.

2.18·3

2. 18.3

name, but Signia or Pometia are other candidates. The date is not in itself unreasonable. The menace of the Hernici and the Volsci and the leadership of Tarquinius Superbus were factors that would have tended to expand and unify the league. But the list as it stands contains anachronisms. Ardea for one did not rejoin till later (4. 7. 10 n.) and Norba as well as Setia are also possible latecomers. It may be that as further Latin towns, whether new foundations or old, in course of time subscribed to the treaty, their names were simply added to the existing signatories so that the presence of 30 names did not necessarily mean that they all signed at the same time. I t would be wrong to believe that the entire league and the list of its members is a fiction of the third century because Timaeus and Lycophron gave it as an explanation of the prodigy of the 30 piglets. The topographical explanation of that prodigy is perceptibly older than

The Dictatorship The tradition is right in making the dictatorship an entirely Republican creation. It was no evolution ofsome regal office. The dictator had twenty-four fasces: the king only twelve. Besides, the requirement that the dictator should on his appointment nominate a magister equitum displays a wholly Republican concern for the principle without the disadvantages of collegiality (I. 60. 4 n.). The problem is rather to investigate when and why the first diclatorwas appointed. Festus (216 L.) reads: 'optima lex ... in magistro populi faciundo, qui vulgo dictator appellatur, quam plenissimum posset ius eius esse significabatur ut fuit Mani Valerii M. f. Volusi nepotis qui primus magister populi creatus est'. magister populi (cf. Cicero, de Fin. 3. 75; de Leg. 3. 9; de Rep. I. 63) was evidently the original title. dictator will have been borrowed from the Latins, where it was in common use primarily designating a religious official, at some date in the fifth century when Rome and the Latins were intimate partners in the struggle against the Aequans and Volscians. Licinius Macer indeed thought that the office was taken over from the Albans and invented a prehistoric precedent for it (fr. 10 P.). In itself the title is not exclusively military, but the title of his lieutenant, the magister equitum, and certain of the curious customs surrounding his appointment imply that the office was designed chiefly to supply a single leadership in war of more authority than could be given by the consuls. The crises which faced Rome in her early days were military, not political, and a projected attack by the Latin League was as serious a threat as could arise. If the general context as given by L. is appropriate enough for the creation of the dictatorship and if the claims of T. Larcius to be the first dictator are sound (18. 6 n.), the dates can be narrowed down. Licinius Macer was wrong in dating the Battle of Lake Regillus to 499. The true date is presupposed by the treaty of Cassius and the dedication of the temple of Castor (see n. on 19 below), so that A. Postumius was dictator in 496 not 499. Now Licinius appears to have believed that only consuls could be appointed

280

281

Kopvwv, KapvEvTavwv, KLpKaL'I)Twv, KopwAavwv, Kop{3LvTWV, Ka{3avwv (Kopavwv Niebuhr), tPopnvE{wv, Ta{3{wv, AavpEvT{VWV, AavovLv{WV, Aa{3wLaTwv, Aa{3LKavwv, NW/LEvTavWv, Mwpwvwv (Nwp{3avwv Gelenius), llpaLvEuT{VWV, llESavwv, KOpKoTovAavwv, EaTpLKavwv, EKa7TT'I)v{wV, E'I)T{VWV, TL{30VpT{VWV, TvuKAavwv, TOA'I)p{vwv, TEAA'I)v{wv, OVEALTpavwv, which only contains 29. Stephanus proposed TappaK{vwv as the missing

18.4

501 B.C.

501 B.C.

dictators (18. 5 n.), but if Larcius were the first dictator and Postumius were dictator in 499, Larcius could only have been dictator in 501, his first consulship, not 498, his second. The truth is given by Varro (ap. Macrobius 1. 8. I) who states that Larcius as dictator dedicated the temple of Saturn in 497 (21. In.; ef. D.H. 6. 1. 4). This statement must have had documentary backing behind it. The Latin threat was gathering strength in the early years of the century. Anticipating an emergency Rome appointed her first dictator in 497 but the threat did not actually materialize until the following year. The confusion was caused, at least in part, by the misdating of the Battle of Lake Regillus and the assumption that dictators held office in the same years that they were consuls. See the full discussion and bibliography given by Staveley, Historia 5 (1956), roI-7; add von Lubtow, Das Romische Volk, 205 ff. 18. 4. sed: N reads sed nec quo anna nec quibus facti consulibus. facti is untranslatable and may be deleted as an anticipation of factione below or, less well, transposed after essent (Welz). Exception has also been taken to nec quo anna on the score that it involves a zeugma, 'it is not known either in what year (it happened) or which consuls were mistrusted'. The zeugma, or rather the ellipse of the verb in the first member ofa two-member interrogative clause, can be justified (ef. 21. 4,6. 18. 16, 23· 34. 5, 27· 13· 3, 30 . 38 . 3, 34. 2. 5) and the convention of specifying dates both anna and consulibus (ef. 2 I. 4; Ovid, Ars Amat. 2.663-4) is too characteristic to be sacrificed. So also H.]. Muller, Pettersson, and Bayet. 18. 5. consulares legere: as the text stands consulares must be the object and not the subject (S. P. Thomas, Symb. Arct. I (1922),53) oflegere, since L. goes on to argue about the consular status ofthe rival claimants. The subject will be Romani or the Senate understood. The fact that the actual nomination rested solely with the consuls is irrelevant. One difficulty is that of the early dictators known to us several had not in fact held the consulship or its equivalent. Such are M'. Valerius in 494 (18.6 n.), Q. Servilius in 435 and 418, A. Postumius in 431, and P. Cornelius in 408. The law de dictatore creando, ifit existed, must have been specifically concerned with the particular appointment of Larcius and not have been a general law laying down the terms and conditions of the dictatorship in general, but it cannot be genuine. I suspect that Licinius invented the law to accord with later practice. The sense of the passage would be greatly improved if, with Karsten, we read consulares legere (inf.) lex iubebat. 18.6. M'. Valerium: the son ofM. Valerius consul of 505 (16. I) to be distinguished from his uncle the dictator of494 (30. 5 n., 3. 7. 6 n.). Festus (2 16 L.), following the same source, also credits him with the first dictatorship but it is a clear case of the gens Valeria claiming pre-

cedence under the inspired hand ofValerius Antias. It is inconceivable that the nephew should be dictator before the uncle. No consulship is in fact recorded for him but it is possible he is one of those who met their death in 486 (Festus 180 L.). magistrum: alluding to the title magister populi. 18. 7. quin si: qui si of N can be kept, the subject being supplied from appositum; ef. 5. 52. 3 (Pettersson). 18.8. provocatio: the statement that the dictator was from the beginning uniquely free from provocatio is untrue of the early period and reflects the distaste and alarm with which Licinius Macer and others viewed the revival of the dictatorship by Sulla. It would appear that consuls as well enjoyed the power of coercitio, unrestricted except by convention or at their option, down to at least 300 B.C. See Siber, Zeit. Sav.-Stift. 62 (1942), 379 ff.; Staveley, op. cit. ro7. 18. 10. orantibus: the interchange between the Romans and the Sabines is summed up in a neat sententia, which was not perhaps excogitated by L. himself (ef. Quintilian, Decl. 290) ; for bella ex bellis serere ef. 21. ro. 4; 31. 6. 4; Sallust, Epist. Mithr. 20; cf. Propertius 3. 5· 12; Lucretius 5. 1202; Euripides, Ion 12 79.

2.

282

2.18.6

19-20. The Battle oj Lake Regillus 19. 1. Ser. Sulpicius: N has the praenomen Servilius, so also D.H. 5· 42. I, but 'Servius~ was hereditary in the family. The same mistake is made in the notice of his death (3.7.6 n.). Since both passages are Licinian, Servilius may have been what L. wrote. He is the first recorded member of his family which, in the branch of the Camerini, was prominent throughout the first two hundred years of the Republic. The gens may have originated from Lanuvium (but ef. Tacitus, Annals. 3· 48; see Sydenham no. 572) and was patrician. Under this year D.H. records a lengthy conspiracy by the Tarquins which is closely modelled on the Catilinarian conspiracy. Schwartz pointed out the damaging fact that in both years a Tullius was consul and C. Sulpicius was a praetor in 63, an energetic assistant of Cicero's (in Catil. 3. 8). M'. Tullius: on the name see 1. 39. I n. Cicero, commenting on the falsifications of history, writes (Brutus 62): 'ut si ego me a M'. Tullio esse dicerem qui patricius cum Servio Sulpicio consul anno x post exactos reges fuit'. But, like Cassius and Brutus, he may really have been a plebeian. The only other Tullius recorded in the Fasti before Cicero is the consul of 81 B.C. The Capitoline Fasti gave him the cognomen Longus but a Tullius Tolerinus, listed by Festus 180 L. as one of those cremated in 486, is likely to be the same person, suggesting that he came from Tolerium (39.4 n.). See Munzer, R.E., 'Tullius (4 1)'. nihil: thus showing that Licinius' dating of the dictatorship of T. Larcius must be wrong.

499 B.C.

499 B.C.

T. Aebutius: the name is Etruscan (Schulze 279), as also is the cognomen Helva so common in the gens, and Helvae are found at Clusium (C.I.E. 2270). C. Vetusius: 3. 4. In., 8. 2 n. The Veturii were one of the oldest Roman gentes in that they gave their name to the old tribe Voturia, which included Ostia and the coastal strip at the mouth of the Tiber. A family shrine corroborates that the Veturii had ancestral lands in that area (Cato, Or. fro 74 Malcovati; see L. R. Taylor, Voting Districts, 42). Whether the Veturii were in origin a Latin folk of the plains is less sure. Schulze (380) regarded the name as Etruscan and an Etruscan craftsman Mamurius Veturius is told ofin the time ofNuma, but a Sabine origin is on other grounds more acceptable. M read C. Vetusius Veturius Vetusius, incorporating evidently an extra-Nicomachean gloss. It is not impossible that the form of the name with the intravocal s was primary and passed out of use after 3 I 2. If Vetusius is the right reading here it will be an antiquarian revival such as may be attributed to Licinius Macer and the libri lintei. D.H. gives the praenomen IIo7rAtos, Cassiodorus L. 19.2. Fidenae: for the early history of the town see I. 14.4-15 n. The events of this period leave no doubt that Rome was determined to secure firm control of the left bank of the Tiber north of Rome. The capture ofCrustumeria was followed by the creation of two new tribes (the Claudian and the Clust.) which extended Roman territory as far as Nomentum. An attack on Fidenae, which remained for a century a menacing enclave in Roman territory, was a natural concomitant of the same expansion. L. might seem to imply by the word obsessae that Rome was unsuccessful in her attack. D.H., however, who has no word about Crustumeria, dates under 504 a capture of Fidenae, adding that the people were allowed to retain the city but had to give up some of their land. At 4. 17. I, when Fidenae is next mentioned by L., it is described as a colonia Romana. We must, therefore, infer that the Roman annalists believed that Fidenae had been colonized by Rome at a very early date. This, however, looks like special pleading. It would be galling to Roman pride to accept that a town so small and so near should have retained its independence so long. Rome's subsequent atrocities against her could be sententiously justified ifFidenae were pictured as a disloyal colony. In short the siege of Fidenae may be authentic, its capture scarcely so. The whole notice may come from the Annales: it is at least true. Crustumeria: I. 9. 8 n. D.H. 3. 49. 6 has an alternative version that Crustumeria was incorporated by Tarquinius Priscus, and he is accepted by Sherwin-White (Roman Citizenship, 18-19) on the grounds that the ager Crustuminus enjoyed a special religious position (41. 13. 1-3). The argument is nullified by the fact that the ager Veientanus had

the same standing. The strongest reason for believing that L. preserves a genuine detail is the creation of the two extra tribes in 495 (21. 7 n.). Praeneste: mod. Palestrina, occupying a commanding outcrop of the Apennines 23 miles from Rome. The name suggests an Illyrian foundation which may be mirrored in the tradition that made Telegonus, Odysseus' son, its founder (Propertius 2. 32. 4; Aristocles ap. [Plutarch], parall. 41), but any Illyrian traces were soon overlaid by a cosmopolitan mixture of Etruscan and Sabine influences. Her cults (e.g. Hercules) and her family-names (e.g. Saufeius) are strongly Sabine, while her architecture and writing are marked by Etruscan features. For Praeneste lay on the borders of the two civilizations. The earliest inscription written in Latin comes from Praeneste and was engraved in this period c. 500. She was one of the Thirty Peoples who signed the Latin treaty (D.H. 5. 61) but we do not know when, except that it was before her revolt in 381 (6. 21. 9). I would hazard that her Latin contacts only seriously began with the expansion of Rome to the east, the decline of the Sabines, and the rebuffs to Etruscan expansion which started with Aricia and culminated in Cumae. In 499 Praeneste is unlikely to have been a member of the Latin League but it is reasonable to suppose that she entered into some relations with Rome and that those were recorded in the Annales. The Terentilii may.have come to Rome from Praeneste (3. 9. 2 n.). See Radke, R.E., 'Praeneste'.

28 4

28 5

2. 19. I

2. 19. 2

'A purely Homeric battle', Macaulay exclaimed. Of all the engagements which L. describes in the early books none is told with more verve or more brilliance. This very artistry has led many scholars to question whether it was ever fought. Some would see an inextricable confusion of times and persons throughout these years, from which only the hazy outline of a battle and a treaty can be discerned. Aricia and Regillus, Larcius and Horatius, Valerius and Herminius, dictatorships and revolts are duplicated to provide some spurious pattern. Such radical scepticism is misplaced. Details and dates may be corrupt or fictitious but if the underlying pattern makes historical sense, the onus of proof rests with the doubter who can produce no more persuasive argument than that his reconstructions are more satisfying. And the underlying pattern does make sense. Something must have happened to necessitate the dictatorship. Something must have happened to explain the Latin treaty of Sp. Cassius. The efforts which Rome was making to secure her defences by expanding to the east would not have passed unnoticed by the Latins. Even if family traditions are suspect-and the Battle of Regillus was certainly a hereditary legend among the Postumii-and even if the memories of military

499 B.C.

499 B.C.

practice are liable to distortion-and a curiosity of some importance is preserved in the dismounted fighting of 20. IO-no criticism can impair the date of the dedication of the temple of Castor (2.42.5 n.) which was vowed as a thanksgiving for the appearance of the Dioscuri in the battle. The addition of two new tribes in 495 is an incontrovertible symptom of a new spirit at Rome. Recovered from the humiliation and disasters of Porsenna's war, Rome under the leadership of forceful and imaginative plebeian consuls was anxious to secure a position of strength that would enable her to resist such attacks in the future. Lake Regillus is in Tusculan land. Rome was the aggressor. It is ofa piece with the capture ofCrustumeria and the alliance with Praeneste. As for the date of the battle, orthodox opinion held that it was fought in 496. This was Valerius Antias' date (21. 3, 22.4; D.H. 6. 2. 3-22.3) and it is the date generally recognized for centenary purposes. In 46 B.C. the moneyer M'. Cordius Rufus produced a series of coins figuring the Dioscuri (M. Grant, Roman Anniversary Issues, 15; Sydenham no. 976) and the coins of A. (Postumius) Albinus, which picture the Dioscuri watering their horses at the Fons Juturnae (Sydenham no. 6 I 2) are confidently dated to c. 96. In so far that 496 is closer to the signing of the treaty (495 or 493) and the dedication of the temple, 496 is to be preferred to 499. The later date was the conjecture of Licinius Macer. D.H., who gives an appreciably different account of the battle, in which Sex. Tarquinius plays a principal role (but cf. I. 60. 2) since his father, the king, is absent, and two further Valerii, P. and M., nephews ofM. Valerius (20. I) are introduced, expressly states (6. I I. 2) : .I1tKlvvws fl-EV ydp Kat o[ 7TEpt TEAAwv ouaEv Efy)TaK6TES OVTE TWV ElK6TWV oun TWV aVVaTWV aUTov Eluayovut TOV fJaUtAEa TapKvvwv dywvt~6f1-EVOV d4>' i7T7TOV Kat TtTpWUK6f1-EVOV. This is 19. 6 Tarquinius Superbus equum admisit ictusque ab latere receptus in tutum est. I would accept, therefore, the battle as genuine and 496 as the most probable date. For the site see 19. 3 n. For L. himself the chief attraction lies in the telling of the story. Several of the actual incidents of it are modelled directly on Homer. Thus the encounter between Valerius and Tarquinius (20. 1-3) is exactly modelled on the episode of Paris and Menelaus in the Iliad (3. 15 ff.). Like Tarquinius, Paris begins by daring the Greeks to fight: like Tarquinius, ao/ a' ETapwv Els gBvos Exa~ETo Kijp' dAEElvwv when Menelaus appeared. No sooner has Valerius conquered than he is struck by an arrow: so Menelaus is wounded, albeit not mortally, by the archer Pandarus after his victory over Paris (4. I04-54). The wounding of Aebutius may be compared with the wounding of Agamemnon (I I. 251-74) while Mamilius who is struck on his chest but recovers to inspire the Latins to new efforts finds his model in the

exploits of Hector (14. 402-15.280). Finally, the desperate courage of the aged king (19. 6) has its counterpart in the gallant but ill-considered heroics of Nestor. Some colour, too, may be added from Greek battles in which the Dioscuri appeared (20. 12 n.). The Homeric character of the battle will stem from the oldest historians. L. makes his own improvements. Any reader familiar with Homer would expect the gods to participate in the fighting. So in the traditional version they did. The highlight of the battle was the epiphany of the Dioscuri. Even Licinius told it but there is not a word of it in L. In place of divine intervention human qualities are stressed-the ira of the contestants (19. 4, 8, IO, 20. 8, 13). On the linguistic plane the same balance between the mythical and the real is maintained. Admittedly the general picture is of a battle between mounted 7Tp6f1-axot but many of the terms used are contemporary. antesignani (20. IO), subsidiarii (20. 7), delecta manus (20. 5), and cohorts come from the military organization of classical times. To match, L. uses a number of idioms of a military flavour (sermo castrensis) whose closest parallels are to be found in the author ofthe Bellum Hispaniense (19.7 n., 20. IOn.). At the same time as he makes the reader feel at home in such an unfamiliar type of warfare, he is careful not to lessen the sense of remoteness and antiquity. Many turns of phrase serve to convey the Homeric atmosphere (19. 5 n., 20. 3 n., 20. 8 n., 20. IO n.). See Hiller, Commentationes Mommsenianae, 1877, 747; Halbfas, Theorie u. Praxis . .. bei Dionys von Halikarnass (Munster, 19 IO), 24; Plathner, Schlachtschilderungen, 26, 32-34; Burck 60-61; Klotz 227-30. 19. 3. Regillum: D.H. shows that it was fought in hilly country and that the Latin base of operations was Corbio. The only site which satifies these conditions in agro Tusculano, an important requirement confirmed by the cult of Castor and Pollux (20. 12 n.), is Pontano Secco, two miles north of Frascati, where a platform of rough polygonal stonework has been taken to be a commemorative altar. See T. Ashby, C.R. 12 (1898),470; L. Pareti, Studi Romani 7 (1959), 1-3 0 . 19. 5. miscuere: the phrase is never found in prose: cf. Lucretius 4. IOI3, 5.442; Virgil, Aeneid IO. 23, 12.628. It corresponds to the Greek

286

UVVa7TTEtV DUfl-lv7]v.

procerum: 2. 46. 7 n. 19. 6. aetate ... gravior: 3. 33. 6, 5. 12. I I, 7. 39. I, IO. 34. 12; Virgil, Aeneid 9. 246; Ovid, Her. 8. 31. 19. 7. impetum dederat: 51. 4, 3· 5· IO, 4· 28. I, 5· 38 . 3, 9· 43· 15, IO. 41. 9; 37. 24. 2. The use of dare for facere in such periphrases is common enough, but impetum dare is only found before L. in Bell. Hisp. 25. 8 and after him in Tacitus, Annals 2. 20 (cf. Seneca, N.Q. 6. 7.4), which suggests that like impressionem dare it is military slang. contraque: there is no need to alter the received contra quem. For the 28 7

499 B.C.

499 B.C.

use of the relative cf. 5. 47. 8, g. 40. 10, lO. 18. 9, 27. 16. 8 (Pettersson) . 19. 8. venientium: the repetition after veniens is harsh and unlooked for in such a carefully written narrative. Gronovius's invehentium, although it cannot claim any manuscript authority, is attractive (cf. I. 30. lO, 2.49· I I, 10. 5. 7, 26.4· 8, 29· 2. 12 et al.). 19. 10. filius: presumably Titus Tarquinius, since Sextus (I. 60. 2) and Arruns (2. 6. 9) are both dead.

the Romans in battle. Not strictly an evocatio, but analogous, and the cult must have come from a Latin rather than a Greek source for the decemviri s.]. had no say over it. Such seems to have been the belief of the ancients too. A coin of L. Servius (Sulpicius) Rufus c. 43 B.C. (Sydenham no. lO81) depicts on the obverse the Dioscuri and on the reverse a view of Tusculum with a gateway inscribed TUSCUL. A complicating factor is the recent discovery at Lavinium of a bronze tablet dated to the fifth century and inscribed CASTOREI PODLOVQVEIQVE QVROIS (see CastagnoIi, Studi e Materiali 30 (1959), lO9 ff.). It indicates that the cult of the brothers as Castor and Pollux as well as Penates was prevalent at Lavinium at much the same time as the dedication of the temple at Rome. The importance of the discovery should not, however, override the much greater weight of evidence in favour of a Tusculan origin. For the title and date of the temple see 42. 5 n. L. blandly omitted the theophany which was the motive for the vow and the climax of the engagement. The participation of the Dioscuri in battle is a common Greek tale (ef. their presence at Aegospotamoi; the Battle of the Sagra: see Frazer, The Magic Art, 2. 50), but after Lake Regillus their next activity on Roman behalf is not till Pydna in 168 (Cicero, de Nat. Deorum 2. 6; Val. Max. I. 8. I) and then against the Cimbri (Pliny, N.H. 7.86) and at Pharsalus (Dio 41. 61). This should not, however, lead us to believe that the story of their presence at Lake Regillus was a late invention based on Greek history. Theophanies in the heat of combat are more widely current than that. The Romans believed that the Dioscuri sided with them. For other examples see Mayor on Cicero, loco cit. See Wissowa, Religion, 268 ff. ; Wilamowitz, Sappho u. Simon. 234; Mattingly and Robinson, P.B.A. 18 (1932), 245 ff.; Latte, Religionsgeschichte, 173 ff. For the temple see Platner-Ashby S.V. See also R. Bloch, Rev. de Phil. 34 (1960), 182-93. 20. 13. triumphantes: a loose use. Only the dictator triumphed: A. Postu[mius Pf.-n. Albus] Regil[lensis diet. de LatineisJ.

2. 19· 7

20. 3. labentibus ... dejluxit: an imitation of the Homeric 0 8' VTTTtO, ov8EtEpdaB7] (Iliad 7. 145, II. 144, 12. 192). The use ofdejluois confined to verse (Bibac.jr. 8 M. habenas misit equi lapsusque in humum dejluxit; Ovid, Met. 6. 229; Virgil, Aeneid I I. 501). retardo is found only here in L. 20. 5. delectam: such corps d'elites were first organized by Scipio Africanus Maior (29. I. I). 20. 8. insignem veste armisque: ef. Virgil, Aeneid 6. 403. 20. 9. veruto: I. 43. 6. 20. 10. descendant: 24. 44. 10, 39. 31. I I. Elsewhere descendere ex equis is only found in Bell. Hisp. 4. 2, 15. 2 and the Scriptores Historiae Augustae which is decisive for its military tone; ef. Cicero, Cato 34. The curiosity of cavalry dismounting and fighting on foot may be instructive. There is good evidence to show that the original equites were not cavalry in the proper sense but mounted hoplites who used their horses, as Homeric heroes their chariots, to get to and from the scene of battle. If so, it looks as if a genuine detail has been remembered about the conditions of primitive fighting. See W. Helbig, Die Equites als berittene Hopliten; H. Hill, Roman Middle Class, 2. dicto paruere: 18. 8, 9. 32. 4, 41. 13. This synonym for the more technical dicto oboediens esse (5. 3. 8) is not found in classical prose, only in Plautus, Pers. 812; Terence, Hec. 564; Virgil, Aeneid I. 695, 3· 189, 7· 433; cf. Ennius, Ann. 299 V. 20. 12. Castori: it was commonly believed that the worship of the Dioscuri reached Rome in two distinct ways. The oldest cult was the cult of the Penates who were, and were identified with, the Dioscuri ([Servius], ad Aen. 3. 12; other references in Weinstock].R.S. 50 (1960), 112-13). Tradition avers that they came to Rome from Lavinium and there is nothing to confute and much to support tradition on the point. The Penates must antedate the temple of Castor (and Pollux) by long enough for the essential identity of the two cults to be obfuscated. Castor and Pollux were venerated at many places, at Larinum, Ardea, Cora, and Ostia, but their principal shrine was at Tusculum (Cicero, de Div. I. 98; C.I.L. 14. 2620). Lake Regillus lay in agro Tusculano so that it was natural to think that the Romans vowed a temple to the Brothers for having changed their allegiance and aided

288

21. 498-495

2.20.12

B.C.

21. 1. Q.. Cloelius: 13.6 n. A. Sempronius: consul again with M. Minucius in 34. 7. Both consulship shave been disputed as late interpolations (a Minucius was consul in 305, a Sempronius in 304) but the Minucii were an oldestablished family (3. 33. 3 n.) and the Sempronii supply consular tribunes in 444, 425, 420, 416, and consuls in 444 (but see 4. 7. 10 n.) and 423. In historical times they were a plebeian family, which has been held against their early magistracies. Even if a transitio ad plebem is excluded there is nothing to prevent plebeians having held the 814432

289

u

497 B.C.

496 B.C.

consulship in the early years (cf. Cassius, Brutus, Menenius) and their prominence in the lists of consular tribunes is in favour of plebeian status. A. Sempronius, at least, must be genuine, for he is among those listed by Festus (180 L.) as having been cremated in the Circus. 21. 2. Saturno: the construction of the temple is attributed variously to Tullus Hostilius, Tarquinius Superbus (Varro ap. Macrobius 1. 8. I), T. Larcius (D.H. 6. 1. 4), Postumus Cominius, or L. Furius, trib. mil. (Gellius ap. Macrobius: see 4. 25. 5; he was perhaps responsible for the restoration after the Gallic sack), in addition to Sempronius and Minucius. There was clearly no substantive evidence, but the cult itself must be of high antiquity. The nzme Saturn is Etruscan (cf. Volturnus, Juturna) and there was an archaic altar on the site of the later temple (Festus 430 L.). The Saturnalia also must, in origin at least, be an old winter festival. Although there is no connexion between Saturnus and sata (crops), yet the festival was held on 17 December, at the end ofthe year, and the sigillaria and other magic spells are proper to festivals celebrating the end of one agricultural year and seeking success for the next. A temple is likely to have been constructed in the opening decades of the Republic to supersede the primitive altar but the notice that dated the institution of the Saturnalia to the same date is simply a confusion based on the coincidence of the natalis of the temple with the festival (C.I.L. 12 , pp. 245, 337). Under the year 217 L. writes (22. 1. 20) : 'Saturnalia diem ac noctem clamata populusque eum diem festum habere ac servare in perpetuum iussus'. What L., forgetful of the present passage, mistakenly regards as the institution of the Saturnalia, was a radical reorganization of it under Greek influence which introduced a lectisternium and other ceremonies derived from the worship of Kronos. See Wissowa, Religion, 204 ff. ; Platner-Ashby s.v.; Herbig, Philologus 74 (1917), 446ff.; Latte, Religionsgeschichte, 254-5; E. Gjerstad, Hommages Grenier, 2. 757 ff. 21. 3. dubiae: D.H. gives an extended account of the affair. The suspicion looks like a precedent for domestic malice between the Verginii and the Postumii but no historical issue comes to mind. The Postumii seem to have broken with the Claudian-Fulvian party in 180 B.C. and a L. Verginius served under Q. Claudius in 207 (see Scullard, Roman Politics, 190 ff.). 21. 4. tanti errores implicant temporum : is taken to mean 'such mistakes of date perplex (the historian)' but the absolute use of implico is unparalleled and cannot be justified on the pretext that L. is here speaking propria persona or that there are other inelegancies in this scrappy chapter (2 I. 6 n.), as Brakman would defend it. An object for implicant must be provided. Duker read tempora, but it is not so much the years that are confused as the reckoning of years, i.e. temporum
naturally qualified by the gen. temporum as at I. 24. I nominum error manet, so .that it is better to look elsewhere for the object. Nettleship's errores res IS the neatest and most satisfactory conjecture. quos: Pettersson would retain quosdam which is senseless in this conte.xt. Perizon~us proposed to delete secundum quosdam altogether but -dam IS an easy dlttography after -dum and for two questions combined in an indo question cf. ro. 14.2,26. 13.6,30. 42. 18,3 6 .2. 1. 21. 5. Ap. Claudius:.the Elogium (Inscr. Ital. 13.67), perhaps first set up by Ap. ClaudlUs Caecus to accompany a statue in the temple of Bellona (ro. 19· 17), reads Ap. Claudius Q. Urb. Cos. Cum P. Servilio Pr[isco. P. ~ervilius: the firs.t cor:sul from that patrician family (I. 30. 2 n.). Anstodemum: the hlstorrans (D.H. 7. 2; Plutarch, de Mul. Virt. 21) te~l us. ~hat he was the son of Aristocrates and surnamed d jLaldJaKo". HIS mIht~ry prow~ss gained him the tyranny ofCumae (c. 504) which he consohdate~ wIth the tyr~nt's traditional arts of proscription and bodyguards. HIS end was SWIft and violent: a conspiracy of exiles in the 4 80 's and murder at the hands of his concubine, Xenocrite, who chose as ~er reward the priesthood of Demeter. The story has been treated wIth reserve by historians but is borne out by circumstantial events. It was the age oftyra~ts in Magna Graecia and tyrants always endeav?ured to conceal th~Ir naked power by economic prosperity. The comage ~f Cu,mae ~egms c. 500 (Sambon, Les Monnaies antiques, .1, no. 2:+4). It ~s a,rrch comage, reminiscent of the coinage of Samos in Its motrf of a hon s head between two boars' heads. The link between Cumae and Samos was provided by the colony of Dicaearchia founded by fugitives from the tyranny of Polycrates II of Samos. Such a coinage is the creation of a tyrant. Cumae's position on the edge of the Greek and Etruscan worlds was a delicate one. Aristodemus seems to have observed that her true interests lay with the maritime states of .Etr.uri~ rather than with the Greek cities or with inland Etruria. It IS sIgmficant that he is said to have abolished that most Greek of all ~nstituti~ns, ~he Gymnasiu~ (D.H. 7. 9. 3), and that during the perrod of hIS reIgn Cumae sWItched from a commercial to an agricultur~l ~conomy. She became one of the main grain suppliers in Italy, mdispensable for the support of Rome as ofTarquinii or Caere. No :-vonder tha~ the priesthood of Demeter was so prized, that Rome copIed her cult m the cult of Ceres, and that Aristodemus was anxious that Rome shoul~ not pass into the hands of the inland powers. He harboured Tarqum because he thought that Tarquin represented the best hope of keeping Rome in the coastal trade association. See Niese R.E., 'Aristodemus'; B. Combet Farnoux, Mel. d'Arch. et d'Hist. 6~ (1957), 7-44· 21. 6. iniuriae: the slant is Licinian.

2. 21. I

29°

29 1

2. 21.

4

495 B.C.

495 B.C.

coepere: the use of the active of coepisse with passive infinitives not used medially is avoided by Cicero and Caesar. With fieri L. elsewhere uses coeptum esse (3. 65. 7, 8. 2. 6, 9. 42. 7,43· 16, 21. 58. 10, 24· 19· 9, 47· 4, 48 . 13,25, I I. 6, 34· 13,27· 4 2.5,31. 23· 7, 37· 18·9, 38.41. 7,44. 13· 4) but the solitary exception is to be claimed not as a poeticism but as an oversight. In this passage L. is briefly and somewhat casually listing a number of events which have no interest for him since they have no historical possibilities. For similar off-hand uses of language see Introduction p. 2 I. See W6lfflin, Livian. 2 I ; Stacey, Archiv j. Lat. Lex. 10 (1898), 66; Gries, Constancy, 66-67; LOfstedt, Syntactica, 2. 123; Riemann 208-13. 21. 7. Signia: I. 56. 3 n. It might seem an impossibly bold move at this date to colonize Signia, an outpost as far from Tusculum as Tusculum was from Rome, but Volscian hostilities were a real threat and the decisive Battle of Lake Regillus, by uniting a major part of the Latin world behind Rome, had enabled the allies to face the Volscians on the frontiers of Latium. Signia is not to be thought of as a colonia in the later sense but as a blockhouse dividing the Hernici from the Volscians and keeping watch over the Trerus valley. una et viginti: N read una et triginta (or the equivalent numerically). una et viginti is the reading solely of FB which do not constitute 'excellent ms. authority' (L. R. Taylor, Voting Districts, 6 n. I I) but twenty-one is undoubtedly the correct total. There is a record of four new tribes in 387 and oftwo each in 358,332,318,299, and 241 which, since the final number of tribes was never more than thirty-five, means that there were twenty-one before 387 (cf. 4. 46. I). Excluding the four urban tribes, and the Claudia and Clustumina, the remaining fifteen all are named after gentes, some of whom were prominent in the early Republic while others had evidently passed from the scene even before the Republic dawned. There is thus a clear-cut break between the old and the later rural tribes. The Claudia and the Clustumina would make the total up to twenty-one. The Clustumina can only have been created after the fall of that city (19, I), but need not have waited for the fall of Fidenae in 426 which was only an enclave guarding a river crossing. Rome required extra agricultural land. Geographical considerations would require that the Claudia was incorporated simultaneously. It was called after the gens more perhaps in honour of the consul of the year than because the Claudii monopolized the land. (See, however, the views of Badian, ].R.S. 52 (1962),201.) una et viginti, therefore, is what truth requires. It is the total given by D.H. (7. 64) and by the Epitome of L. (numerus tribuum ampliatus ut essent xxi). The mistake XXXI for XXI is easy, but I suspect that it is rather a 'correction' by the Nicomachean editors. Vennonius, quoted

by D.H., said that Servius divided the ager into thirty-one parts and thirty-one was the number of rural tribes throughout classical times. This may have influenced the text. See Mommsen, Staatsrecht, 3. 166 n. 3; Beloch, Rom. Geschichte, 264 ff.; von Liibtow, Das Romische Volk, 41 ff.; Bernardi, Athenaeum 30 (1952), 3 ff.; A. AlfOldi, Festschrift E. Salin, I 17 ff.; Hermes 90 (1962), 206-7. aedes Mercuri: 27. 5 n.

2. 2I.

6

29 2

2. 2 I.

7

22-33. 4. The Struggle jar the Tribunate The Romans claimed that the years 495-3 were years of turmoil during which the plebs, oppressed by debt and military service, agitated for a magistracy of their own to protect them from the outrages perpetrated by the patricians and eventually were rewarded with the tribunate. The claim deserves examination before it is dismissed as a fiction. The two foundations on which it is built are economic depression and the debasement of the plebs. The first is clear enough. Tyrants habitually stimulate expansion and Tarquin was no exception. The public works at Rome alone are pointers to his prosperity. But with the expulsion of the Tarquins and the capture of Rome by Porsenna, the country fell on hard times. We do not know whether Porsenna imposed any restrictive terms on Roman trade. We do know that twice in twenty years Rome was affected by severe shortages of grain. More important still she founded a temple of Mercury (27. 5 n.). A community only propitiates its gods with such foundations when things are going wrong. Ceres is vowed a temple in time of famine, Apollo in time ofplague, Mercury in time of commercial failure. Some support for this depression can be seen archaeologically. There is a steady decline in the imports of Attic Red Figure vases after 500. Moreover, the creation of new tribes shows that the population was rising faster than the acreage. The position of the plebs has been so overlaid with prejudice and dogmatism that it is difficult to discern the truth. Three details may be significant. The Fasti for 509-486 reveal a high proportion of plebeian gentes, among them the Larcii, the Junii, the Cominii, the Cassii, the Menenii, the Tullii, and the Sempronii, the great majority of whom are of proven Etruscan extraction. After 485 such plebeian gentes do not figure in the Fasti; indeed the Larcii, Junii, Cominii, Cassii, and Tullii disappear for good together with other gentes who gave their names to some of the old tribes, while the Sempronii and Menenii have to wait fifty years before obtaining office again. Secondly, the new cults of Ceres and Mercury were predominantly plebeian cults. Thirdly, the leading statesman of these years, Sp. Cassius, who aimed to meet Volscian agression by a policy of Latin alliances and Etruscan friendship, was himself a plebeian. 293

2. 22-33. 4

495 B.C.

It is, therefore, hard to see what grievances the plebeians as such coul~ have had. They were not excluded from office, they were not depnved of the consola:ions of religion. The economic stagnation was the same for all, plebeIans and patricians. The struggle for the tribunate cannot have arisen because the plebs were down-trodden or were fighting for a voice of their own. Yet there is a connexion between the slump and the tribunate. The plebeian community consisted primarily. not of farm-labourers but of petty craftsmen, traders and workers, m the city. Even at the worst times, unless there be severe overpopulation, man can grub a living from the soil and preserve his 'sturdy independence'. The industrial worker has no such recourse. At Rome he would have become bankrupt and there was only one ~nswer to debt-ne~um, a 'free' ~lavery (23. I n.). Now the distinguishmg power of t?e tnbune was hIs power of auxilium, and it is precisely that power.which could prevent a debtor who invoked it being claimed by hIs credItor. In other words, the tribunate was created not because the plebeians were politically weak but because they we~e politically strong, strong enough to institute a revolutionary and extra-constitutional office designed to frustrate the due processes of law. As e.vent~ turned out, the tribunate altered with the changed political SItuatIOn. Whatever Sp. Cassius' exact crime his execution and the failure ofhis policy against the Volscians (Fest~s 180 L.) were attended by the discrediting of the plebeians. Whole gentes disappear from sight. Many no doubt returned to Etruria; for the new patrician regimen ~nder the Fabii prosecuted a vigorous war against Veii, and Etruscan Imports fall off sharply. There are certainly some events which are imaginative throwbacks from later times (27. 5 nn.) but there are details in the section which cannot be thought away-Cora and Pometia, the corona aurea (22. 6 n.), the :emple of Mercury (27. 5 n.), Velitrae (31. 4 n.), apart from the Fastl themselves. The tribunate belongs to the same hard core offacts however much it has been dressed up. Ifwe did not know that it wa~ ~re~ted. in 493 the subsequent history of that and of the other political mstrtutrons at Rome would have obliged us to conjecture that it was created then. The traditional connexion between debt-problems and the tribunate is the only one that will explain the facts. The connexion has been confused by the Roman assumption of a political origin for the tribunatf. It is further confused by the fact that L., who is our primary source, did not care for such things. For him the whole episode discloses the dangers that must face libertas if the state is divided (23.2). Consequently--and a comparison with D.H. shows that this is L.'s own contribution-the whole struggle is planned and designed to lead up to the climax, Menenius' plea for concordia and the establish-

495 B.C.

2. 22-33· 4

ment of the tribunate. L. is not interested in the constitutional details which D.H. laboriously rehearsed. With graphic portraits and dramatic incidents he constructs an action which will convey the reader inexorably to the final scene. The technique of his construction is clear-cut and can be set out diagrammatically: A. (I) External affairs: hostilities with Volscians (22.1-4)· (2) Internal affairs: negotiations with Latins (22. 5-7).

B. The Political Struggle (I) Internal: the first act-entry of the nexi (23-24). (2) External: war against the Volscians (25), Sabines (26. 1-3), and Aurunci (26. 4-6). (3) Internal: the second act-plots and counter-plots, election of a dictator (27-30. 8). (4) External: war against the Aequi (30. 8-9), the Volscians (30. 10-15), and Sabines (31. 1-6). (5) Internal: the third act-secessio, concluded by a 7TEpL7TETELU (Menenius Agrippa) : the tribunate (31. 7-33· 3). It will be seen how L. separates the different stages of the central action by the insertion of passages dealing with external affairs. He employs this same device both at the beginning of Book 2 and in his treatment of the long negotiations ofC. Terentilius Harsa. The acts of the drama itself are also distinguished. In the first L. puts on the stage before the reader a vivid picture of the nexi and the aged veteran. The second is a lurid story of cabals and secret intrigues, full of Catilinarian echoes. The third centres round a moving sermon on concordia. How much of this L. owed to his source cannot be proved. Probably very little, for his technique remains constant despite changes of source. Here at any rate he abandons Licinius. No other conclusion can be drawn from the doublets of 16. 8 and 22. 2 (Cora and Pometia) and 2 I. 7 and 27. 5 (the temple of Mercury) ; hac ira (22. 2) and recens (22. 4) presuppose the chronology which put Lake Regillus in 496 not 499. That his new source is Valerius Antias seems evident from the eulogy in 30. 5 (cf. 31. 3 n.). It suits, too, the hostile attitude to the Claudii evident from later books. For the source of 32. 3-33· 3 see below. On the section as a whole see the dissertation by W. Kriiger, Ein Beitrag zur Darstellungskunst des T. Livius (Leipzig, 1938), who refers to earlier discussions. See also on individual items below. 22. Rome and Latium 22.2. trecentos: 16.9 n. 22. 3. suum rediit ingenium: for the psychology see 3· 36.

295

I

n.

495 B.C.

495 B.C.

22. 4. quoque: not 'they sent legates as well (as troops) to rouse Latium' but, taking quoque with the sentence as a whole, 'a further

party wished to borrow. In mancipatio, at least primitively, the res mancipi was transferred in exchange for the copper weighed out and the propriety of the transaction was duly witnessed. In nexum the crucial question is what did the lender receive in exchange for the copper which he has transferred. The debtor is certainly not transferring himself. A nexus retained his civic rights (24. 6, 8. 28. 4; Val. Max. 6. I. 9) and could make contracts. Besides, Roman law acknowledged no such principle as self-mancipation. The only thing that he can have transferred is his services, his body (suae operae in Varro), and this is recognized by the lender chaining him as his side of the bargain. The formula which the lender would use as the transaction took place would be, e.g., 'tu mihi nexus esto his c assibus aeneaque libra'. The transaction was then complete. The enslavement was immediate and automatic. It was an integral part of the transaction and the bondage was permanent. The form of the transaction might suggest that once it had been performed there was no legal obligation on the creditor to release the debtor, even if the debtor were subsequently able and willing to repay his debt. But in any case it is hard to see how the debtor, now giving his services as a bondsman, could ever hope to earn enough money (or its equivalent in kind) to offer the repayment and it is unlikely that his family would be able to come to the rescue. However, analogies from the debt-procedures at Athens and in other civilizations do strongly suggest that the bondsman could work off his debt by giving his services for a specified number of years. Furthermore the sources preserve record of two separate modes of release-a nexi liberatio (Festus), which will have needed the intervention of a third party, like a vindex, to transfer the services of the nexus from the creditor to his own person, since the nexus could clearly not perform his own release, and a solutio per aes et libram (Gaius 3. 174), in which the debtor himself repaid the money by a reverse process to that by which he had borrowed it. nexi liberatio implies that the nexus was really chained, whereas solutio per aes et libram suggests that the chaining was by then only symbolical. nexi liberatio, which must be the original form of release, also implies that the bondsman was not freed in consideration of his repayment of his debt. Unless we are to assume that the creditor was motivated by purely philanthropic sentiments, we must believe that the debtor was able to discharge his debt by labour. By the time of the Twelve Tables, however, nexum was not the only method of contracting debt. stipulatio or verbal contract was also recognized in the Tables (Gaius 4. I 7a). If a debtor was sued on a stipulation and was found against by a iudex or arbiter, he would as a iudicatus be immediately liable to manus iniectio with the eventual prospect of being killed or sold abroad (Aul. Gell. 20. I. 47). The fact

action was to send legates to rouse Latium'. 22. 5. sex milia: 5,500 in D.H. 6. 17. 2. D.H. gave the Latin army as 40,000 foot and 3,000 horse, the Roman as 23,700 and 1,000. It is fanciful to see in the numbers, as Klotz does, an echo of the forces engaged at Pharsalus. Such figures are typical of Valerius. In his account of the battle L. did not specify any totals. foedere: this may be a hidden allusion to the fact that the Latin treaty of Sp. Cassius was signed in this year rather than in 493. It is reasonable to expect it to come close on the heels of the battle and it is easy to see how if it were negotiated by Sp. Cassius and signed by him as fetial, not consul, it would subsequently be transferred to one of the years in which his name stood in the Fasti. 22. 6. in ingenti gloria: Gronovius and Porson (Adversaria 308) would delete in. in gloria esse is well attested in L. (ef. I. 3 I.; I) ef. also Cicero, ad Aft. 14. I I. I; de Ojf. 3. 85. coronam: 3. 57· 7 n.

23-24. The Nexi The problems arising from archaic Roman debt-procedure are complicated by the disappearance of the system, known as nexum, in 326 (or 313 B.C.), long before the age oflegal commentaries or textbooks. The procedure by which people became bondsmen (nexi) in consequence of their debts was obscure even to the earliest classical jurists and more so to L. In addition to L. who refers to it on several occasions without describing it in detail (6. 14. 3, 7. 19. 5), it is mentioned once in the Twelve Tables (6. I cum nexum faciet mancipiumque, uti lingua nuncupassit, ita ius esto), by Festus (160 L. 'nexum est, ut ait Gallus Aelius, quodcumque per aes et libram geritur, id quod necti dicitur; quo in genere sunt haec: testamenti factio, nexi datio, nexi liberatio. nexum aes apud antiquos dicebatur pecunia quae per nexum obligatur'. See also Cicero, de Drat. 3.159) and in a long note ofVarro, de Ling. Lat. 7. lO5: 'nexum Manilius scribit omne quod per libram et aes geritur in quo sint mancipia. Mucius quae per aes et libram fiant, ut obligetur, praeterquam mancipio dentur. hoc verissimum esse ipsum verbum ostendit de quo quaerit: nam id
297

2. 23-24-

2.23- 2 4

495 B.C.

that there were at least two methods of contracting debt at this period goes far to resolving much of the traditional dispute about ~exum. L. speaks of a son entering into nexum on account of a debt whIch he had inherited from his father (8. '28) and of an insolvent debtor entering into nexum as a final recourse. This is intelligi?le if.the pr?vi~us debts had been incurred not under nexum but on a stipulatIOn or SImIlar contract. The debtor now contracted with his creditor: he was given a sum under nexum to pay his outstanding debts in exchange for his services. The solution had much to commend it to both parties. The creditor gained because he now had a bondsman whom. he could maltreat at pleasure and exploit with impunity ('23' 6 n.) mstead of a iudicatus whom he had to keep for sixty days and treat with due attention the while (Twelve Tab. 3. 1-6), with only the doubtful satisfaction at the end ofkilling him or selling him trans Tiberim. The debtor, on the other hand, whatever his plight, was at least better off nexus than servus or dead. The system was abolished because it gave too much power for the creditor to abuse. Self-help had too much scope and it was better for the obligations and the penalties to be more closely regulated by the state. It was not a pretty sight to see a Roman citizen in chains. nexum is obscure and controversial. The above account is no more than an attempt to state the issues and reconcile the facts. There is, however no doubt that it was operative in the period of which L. is writing ~nd that it would have been mitigated by tribunician auxilium ('23' 8 n.). But the story in L. cannot itself go back to contempora~y sources. The unkempt and impoverished centurion is one of the claSSIC 'stage' types of which Achaemenides i.n Virgil, Aeneid 3·. 590 affords a good example (cf. Cicero, Tusc. DISP. 3. '26), and hIS prolonged service is a theme which is often repeated (3. 58. 8, 4· 58. 13). These are the dramatic trappings. Underneath them lies a plot which bears every mark of being one of those case-histories invented by early lawyers to illustrate the workings of the Twelve Tables. There are several later instances, K. Quinctius and vadimonium, P. Sestius and cadavera, Verginia and vindiciae ad libertatem, the maid of Ardea and conubium. The present story besides showing nexum in action is concerned to establish the point that the nexus does not lose his citizen-rights ('24' 6). That is the point and the moral of the whole episode. L. adapts it, making it part of a continuous narrative instead of a selfcontained case and setting it in a contemporary atmosphere ('23' 4 n., 6 n., 7 n.). The primary works on nexum are Huschke, Vber das rec~t das nexum ( 1846); Milleis, Zeit. Sav.-Stift. '2'2 (1901),96 ff..; P. NO~lll:s, Fas et Ius, 91-146; M. Kaser, Altromische Ius, '23'2-50 wIth full blbhograph~. See also de Zulueta, L.Q;R. '29 (1913), 137-53; von Liibtow, ZeIt. 2g8

495 B.C.

Sav.-Stift. 67 (1950), 11 '2-61 ; ]olowicz, Historical Introduction to Roman Law, 166-70. I find myself in general agreement with]. Imbert, Studi Arangio-Ruiz, 1. 339 ff. ; Melanges H. Levy-Bruhl, 407 ff. 23. 4. ordines: Bayet, following the traces of m\, reads the singular ordinem, but see 55. 4 n. ostentabat: it was a popular forensic flourish to display one's scars adverso pectore, as evidence of patriotism and merit. Notoriously M.

Antonius had secured acquittal for M'. Aquilius in 99 by such a pathetic revelation (Cicero, de Orat. '2. 1'24, 195). Cf. also Sallust, Jugurtha 85. '29 (Marius). There was no defined limit of military service: the soldier served 'for the duration'. 23.5. iniquo: 'at a time that was ruinous for him'; cf. 31. 31. 1'2. 23. 6. ergastulum: the detail is authentic, for the nexus could be made to work for his creditor although he was not technically a servus, but the term itself is anachronistic. ergastula were the prisons, usually underground, in which chained slave-gangs were kept. The name implies tha.t they worked there, although in historical times ergastula were only the quarters in which the slave lived who worked on the fields, especially on latifundia. Condemning free men as a punishment to the ergastula was an innovation of the times of Marius and Sulla (c[ Suetonius, Aug. 3'2: ergastilus first Lucilius 503 M.). Thus although the centurion was legally accurate in claiming that he was not being enslaved but being made to work, ergastulum is Sullan colouring. In the late Republic ordinary household slavery was regarded as preferable to service in an ergastulum, whereas in 494 any debtor would have chosen to work rather than to be a slave. The extent of the anachronism is shown by Vogt, L.E.G. 9 (1941),31-34. 23. 7. clamor ingens oritur: cf. Sallust, Jugurtha 57· 3. tenet: accounts better for the impossible sustinet of N (dittography after tumultus) but continet is a choicer word; cf. 39. 17· 4. 23. 8. nexi, vincti solutique: vincti solutique must be in apposition to nexi -'the nexi, both those in fetters and those who were released'-but the sense is not clear. It could mean that all nexum-debtors turned up, both those who were actually in fetters and those who were, as it were, on parole, being allowed by their creditors as an act of grace to go about their work without being fettered (so, I think, de Selincourt takes it: 'debtors of all conditions, some actually in chains'). This, however, does violence to the natural meaning of soluti which should refer to those who had been released from the debt and their nexum-status altogether. Alternatively it could mean that all who were or had at any time been nexi, both those now in fetters and those who had been freed. This suits soluti better but one might ask why the soluti, who were presumably free men no longer under any obligation to their erstwhile creditors, should have been reduced to an appeal to 299

495 B.C.

495 B.C.

the Quiritium fidem. On balance, therefore, the former meaning is preferable (see Salmasius, De Modo Usur. 837). I do not see how Nettleship's removal of vincti as a gloss or Bauer's deletion of -que contributes to the solution of the difficulty. implorant OJliritium fidem: 3· 41. 4, 44. 7; ef. Seneca, Epist. 15· 7; Petronius 21. 1. The only defence open to a man who was threatened either with magisterial coercitio or legal manus iniectio was an appeal for active help from the multitude. Varro cites the archaic term for this practice which is well exemplified in Plautus, Rudens 615, as 'quiritare'. Out of this de facto appeal for help grew, on the one hand, the formalized provocatio which recognized the people as a possible court of appeal and, on the other, tribunician auxilium which regularized the process by which the appellant could be protected. See Greenidge, Roman Legal Procedure, 3 I I ; Staveley, Historia 3 (1955),418; G. Broggini, Iudex Arbiterve (1957), 40 n. 44. Cf. the parallel procedure ofjlagitatio (H. Usener, K!. Schriften, 4. 356 ff.). 23.12. infrequentiam: 4. 47. 6 n. For the picture of senators reluctant to walk abroad or perform their legislative duties ef. 3. 38. 8 ff. with notes. It is modelled on the sparse attendances during the 80'S. L. definitely implies that the meeting was abortive because a quorum was not present. This is anachronistic. A quorum was only required in the late Republic and then only for certain matters of business (Balsdon, J.R.S. 47 (1957), 19-20 ). 23.14. prope erat ut: see Austin on Quintilian 12. 7. I, but the use is not colloquial. tandem curia: the repetition of tandem is awkward but not unparalleled (ef. 18. 2 n., 25. 6 n.). If any change is needed, read tamen (Wesenberg) rather than iam (Gronovius). 23. 15. Appius: the policies of the opposing consuls would have done credit to a slogan-writer of the 60'S or 50's, and, indeed, the characterstudy of Appius is likely to have been artificially constructed by Valerius Antias himself (56. 5 n.). jlecti . • . frangi ef. Cicero, pro Sulla 18; for tutius . . . facilius ef. Seneca, de Benif. 3· 30 . 3, 4. 23· 3; Suetonius, Aug. 47·

24. 4. maxima quidem illa: Alan wished to rephrase the sentence maxima illa quidem parte civitatis sed tamen parte, but for the position of quidem ef. 28. 42. 5,42.8. 1 : see Shackleton Bailey, Cicero: 'ad Atticum', 76-77· 24. 5. nec posse: Servilius seconds his pious sentiments with extreme syntactical obscurity. Two preliminary points can be cleared up. N read hostes between cum and prope which was omitted perhaps by error in the O.C.T. (it is printed in Conway's Pitt Press edition) and which greatly clarifies the situation. Secondly N's praevertisse would be not merely an unexampled intransitive use of praevertere but an equally unparalleled instance of the aorist sense of the perf. info after posse. L. must have written praeverti (3. 22. 2). 'When the enemy are at the gates, nothing can take priority over war.' a se which is added by Bayet, following Pohlig, although Ruperti seems to have precedence for the conjecture, would refer to the Senate, which unduly limits the area of concern and is superfluous since praevertisse for praeverti is adequately accounted for by the perfect infinitives before and after. The overall structure of the whole sentence is 'nec (1) cum hostes ... essent, praeverti quicquam nec (2) si sit laxamenti aliquid

24. 1. duas ex una: 3. 67. 10, 9, 5. 5 nn. For the Latin intelligence see 3. 4. 10 n. 24. 2. exultare gaudio: ef. Cicero, in Catil. I. 26; Phil. 2. 65. ultores: predicative. 'The gods were at hand to avenge patrician arrogance.' The plebeian arguments betray little originality. A later Ap. Claudius uses the same hackneyed argument about pericula and praemia (5. 4· 4 n.), while the determination to bring everything down in one's own ruin is a commonplace threat, for which ef. Cicero, pro Sestio 99 and in Cati!. 4· 14· 300

(a) plebi honestum (b) patribus decorum

2.24·4

non cepisse consuluisse'.

Two main propositions are stated, the second of which is subdivided into two. The trouble arises when in the subdivision L. writes nec (2) ... aut plebi ... neque patribus, where either aut patribus or neque plebi (the secondary neque ... neque resuming the negation after the introductory nec (2)) would be logically anticipated. The inconsistency can be emended (aut patribus H. J. Muller; vel patribus Ruperti), although neither Novak's deletion of aut nor Wienkauff's proposed sat plebi honestum (ef. 36. 40. 9) is acceptable because both destroy the balanced colon in which plebi and patribus match one another immediately after the disjunctive particles. Alternatively it can and should be recognized as an inconcinnity, in a logical anacoluthon, caused by L.'s instinctive reluctance to employ a secondary nec ••• nec. A similar phenomenon is found in Fronto 165. 1 ff. van den Hout (see P. R. Murphy, A.J.P. 79 (1958), 50). Cf. also 10. 8. 3 and see Madvig's Cicero, de Finibus Excursus I, p. 794. 24. 6. edicto: 'by an edict', ef. 34. 8. 5, 35. 24· 3. The underlying principle of the edict is that the nexus retains his civic rights and obligations. These extended beyond military service (8. 28. Iff.). Notice the edictal language ne quis ... neu quis (ef. S. C. de Bacch. 3 neiquis ... velet; Gracchus ap. Aul. Gell. 10. 3· 3). 24. 7 sacramento: cf. 4· 53. 2 • 301

495 B.C.

25-26. Wars with the Volscians, Sabines, and Aurunci

The capture of Suessa Pometia looks like a piece of history. In effective contr~~t to the political passages L. employs a curt, military style ofwntmg (25. In., 25. 4 n., 25. 5 n., 26. In., 26. 6 n.). The sentences are short and uncomplicated, the events related with economy. Much use is made of asyndeton. ~5. 1. si.~ua ... posset: 27.14.6,30.12. 1,42. 67. 6 ; a characterist~cally mlhtary turn of phrase for expressing the intention of an operatIon. Cf. Caesar, B.G. 6. 29. 4, 37. 4. M. Muller compares Thucydides 2. 77. 2. 25.4. pavidos egit: ef. Caesar, B.G. 4· 12.2 with Meusel'snote ; 5. 17.3. 25. 5. c~ptum praedae .da~um: p. here is the act of plundering, rarely found ~Ithou~.a quahfymg noun; ef. 7.16.4,27.44.4. The phrase s?unds l~ke mIhtary slang (E.]. Kenney, C.Q. 9 (1959), 24 2, discussmg OVid, Ars Amat. I. 114). 25. 6: Ecet~anorum: 3. 4. 2, 10.8,4. 61. 5, a capital of the Volsci often ment~oned m the early wars (D.H. 4. 49, 6. 32, 8. 4, 10. 2 I) and listed by Plmy am?ng the lo~t cites ofLatium (NoH. 3. 69). It lay on the edge of the Volsclan domams nearest the Aequi and must have been close to Algidus. Ashby and Pfeiffer (Suppl. Papers, Am. School at Rome, I (I9~5~, 87- 10 7) identify the site as Piano della Civita in the Mte. LepII~I, some 2? mile.s fro~ Rome. The remains, which they fully descnbe, are sUItable m pomt of date for a city that was destroyed in 37 8 . The walls are built of rectangular, undressed blocks of stone that must belor:g to the late fifth century. See also Hulsen, R.E., 'Ecetra'; Blake, Anczent Roman Construction, 92-93. Crevier and Lallemand wished to delete Romam which precedes Ecetranorum in the text and which indeed, as Madvig comments, 'ignave subicitur', but such repetitions (18. 2, 23. 14) are cumulatively self-supporting.

26. 1. praedabundum: here only in L. but ef. Sallust, Jug. 90. 2; Tacitus, Annals 3. 39. I. 26. 3. repleti: for the humiliation ef. the defeat of the Aetolians b Y Philip in 200 B.C. (31. 41. 10 fr.; ef. 5. 44. 6 ). 26. 4. partae: 5. I. I n. 26. ~. itur ... conlata ... debellatum est: the use of the passive and in particular of the impersonal passive is a feature of military communiques (ef. Caesar, B.G. 5. 40. 3-6: see Fraenkel, Eranos 54 (195 6 ) 189-94). ' 27-30. 8. The Second Act of the Political Struggle at Rome 27. 1. ius: the two categories of cases which L. quotes are the return of those who had been previously nexi to their creditors and the binding 3°2

495 B.C.

2. 27. I

of new nexi. The latter at least could have nothing to do with Appius' judicial activities. The contracting of a debt by nexum was a matter simply for lender and borrower. It is possible that by the category of ante nexi L. means those who had exercised their civic rights, although nexi, to join up, and who after the end of the campaign had attempted to avoid resuming bondage. But L. seems to be applying the procedures of later actions for debt to nexum with attendant confusion. 27. 2. inciderat: incideret Alan, ef. 3· 19. 4, 45. 8. ut [aut] . .. [aut] ut: to be retained, as Weissenborn, Bayet, Meyer, ef. 7. 39· 10, 42. 53· 4. Pettersson, defending the text, cites 23· 7. 6 but admits that there is no exact parallel in L. The phenomenon, however, is not uncommon. Cf. Cicero, ad Fam. I I. 28. 8 (Matius); Varro, de Re Rust. 2. 7. 10. auxilio: 41. 7 n. A loose use, since the consuls did not have auxilium. 27. 4. aequasse: more likely to be a corruption of adaequasse (M; ef. I. 56. 2, 4. 43. 5) than vice versa. The Dedication

of the

Temple

of Mercury

Two Homeric battles (19-20; 46-47), two duels between a Claudius and a Laetorius (27: 56) serve to give a close-knit unity to the second book. The second Laetorius is modelled directly on the first and has no independent existence (56. 7 n.), so that the claims of the first need investigation. The Laetorii were Etruscan (Schulze 187) and plebeian, and in historical times were, like the Ogulnii, much concerned with religion. One member of the gens was magister equitum at the Latin festival (257 B.C.) and another a xvir sf. (27. 8. 4). Yet the family itself is not reliably attested at Rome much before 300 (Val. Max. 6. I. II; D.H. 16.4.2). It left its mark on Roman history by a notorious quarrel with the Servilii in the Punic Wars (30. 39. 8) and by producing a series of tough, blunt soldiers (56. 7 n.). These data explain the story of the dedication of the temple of Mercury. There can have been no documentary evidence for the date of its foundation, else there would not be the divergence between 21. 6 and 27. 5. Nor can a Laetorius have dedicated it at so early a period. We may assume that the original temple was restored c. 300 B.C. and re-dedicated by Laetorius whose name would have stood on the inscription. Such a dedication would be properly entrusted to a gens much occupied in religious affairs. Historians a century later, knowing that the temple itself went back to the 49o's, invented an earlier M. Laetorius when they invented the characteristics of his family-a dislike for the Servilii and a military record. The story is given by Val. Max. 9. 3. 6 but overlooked by D.H. See Wissowa, Religion, 304 ff.; Munzer, Romische Adelsparteien, 89-90; Altheim, Griech. Glitter im alten Rom, 79, 89 ff. ; 3°3

495 B.C.

494 B.C.

P.]. Riis, ].R.S. 36 (1946),47; Latte, Religionsgeschichte, 162-3; and for the temple itself see Platner-Ashby s.v. 27. 5. iussu populi: 8. 6 n., as also for the role of the pontifex in dedications. praeesse annonae: 4. 12. 8 n. mercatorum collegium: the organization of guilds was quite separate from the maintenance of any particular cult. The guilds were formed as trade associations for the mutual benefit of the members. The diverse range of guilds which existed at Ostia has been recently illuminated by Meiggs (Ostia, 3 I I ff.) and Rome was even more prolific. It was, however, natural that the guilds should regard themselves as under the protection of a particular deity and that the mercatores should choose Mercury. They kept IsMay, the natalis of the temple of Mercury, as a special festival (Paulus Festus 135 L.; Macrobius 1. 12. 19). But the guild was essentially a secular body and its connexions with Mercury were secondary. It is true that there was a body of men, Mercuriales (Cicero, ad Q;P. 2. 5. 2; C.l.L. 14. 2 ro5), dedicated to the service and maintenance of the cult of Mercury, but although these may have been members of a collegium mercatorum, the two bodies were not coextensive. Similarly, numerous collegia worshipped Minerva but they were not all responsible for the control of different temples. Valerius Antias has used the dedication of the temple as a peg on which to hang the institution of the collegium mercatorum. 27. 8. prae strepitu et clamore: cf. Sallust, ]ugurtha 99. 3. Cf. the tumult of 89 B.C. when the praetor A. Sempronius Asellio was lynched for favouring not as here the creditors but the debtors (cf. Livy, Epit. 74; Appian, B.C. 1. 54; Val. Max. 9· 7· 4). 27.9. periculum: 1T'\ add libertatis, neither an obvious gloss nor evidently misplaced, but the sense would be at variance with all L.'s preaching about libertas which is to be the common property of all. Gronovius and Madvig rightly exclude it. 27.12. cotidiana: 'the crowd which assembled daily'. quia ... iudicium: 'because the judgement of the people was not in doubt'. iudicium populi is used not technically to denote the assembly of that name but loosely of popular decision; so populi for plebis. 27.13. occultisquecolloquiis: 28. 1,32. 1,3. 48 . 1,4. 13, ro,39· 14· 4· Such nocturna consilia, as Sallust calls them (Catiline 42. 2), were one of the more alarming features of the age of Sulla and the generation that followed, but they had been proscribed as early as the Twelve Tables. See C. Seignobos, de Indole Plebis Romanae apud T. Livium, 1882, 43 f.

22. 55.6. The text, which has been much emended (delata Perizonius; de de/ata Walters; senatum H.]. Muller), is to be retained because de is used when the object of the motion under discussion is stated (e.g. de caede), the plain acc. when only the motion itself is referred to (e.g. rem; cf. Plautus, Menaechmi 700 ; Virgil, Aeneid I I. 344: cf. also the common ea res quae consulitur). Radical alteration such as Muller's is further excluded by L.'s habit of picking up a verb by a participle of that verb (1. 5. 3 Remus cepisse, captum tradidisse; ro. 4, 12.9,23· 7. 6, 24· 30. 14, 29· 37· 13)· 28. 3. curias contionesque: 4. 13. 9. The clause cum . .. concilia is a palpable gloss on the foregoing words. This is betrayed by in Esquiliis, for L. never uses a preposition with that name (cf. 28. 1,26. ro. 1,5), That the words should merit a gloss suggests that they are sound. mille curiae must mean 'a thousand senate-houses', each secret conclave throughout the city being disparagingly contrasted with the Curia Hostilia. The words could hardly mean 'a thousand sessions of the Senate'. ]. S. Reid who felt the difficulty proposed circulos for curias but that does not account for the gloss. dispersam et dissipatam: cf. Cicero, de Orat. I. 187; Caesar, B.G. 2. 24· 4, 5· 58. 3· 28. 5. otio lascivire: I. 19. 5 n. 28. 7. arma danda: the contemporary tone of the whole altercation is revealed not only by the language (see the preceding notes; for the contrast betweenpatria and domini cf. Pliny, Paneg. 88. I) but by the contents of the pronouncements. arma danda presupposes that the state furnishes the armour (3. IS. 7) which is at variance with the martial organization of primitive times. 28.9. abdicare: with the ace. for the common se abdicare consulatu, as at 5. 49· 9, 6. 18.4,39. 1,28. ro. 4 (see Catterall, T.A.P.A. 69 (193 8 ), 299). Here the choice is in part dictated by a desire to make a regular balance with deponere imperium.

2.27·

4

28. 2. delatam: sc. rem. consulere with an acc. of the thing discussed is found only here in L. consulere de with the abl. at 3. 41. 3, 4· 17· 4, 3°4

2.28. 2

29. 5. quaestionem: the appointment of special commissions of investigation only became a regular practice after the quaestio of 132 (Sallust, ]ugurtha 31. 7; Vell. Pat. 2. 7· 3)· 29.7. P. Verginius: read T. Verginius; for the corruption see IS. I n. The proceedings in the Senate were being conducted ordine, that is starting with the consulars if there were no consuls designate (Aul. Gell. 14. 7.9,4. 10.2: Mommsen, Staatsrecht, 3. 969 ff.). There was, as yet, no consular P. Verginius. Strictly the consuls of 495, Ap. Claudius and P. Servilius, should have been asked their sententia first but A. Verginius, by a precedent which is first attested in 61 B.C. (Cicero, ad Alt. I. 13. 2), invites his brother first. Verginius was anxious to restrict to special cases any concessions 814432

x

2.29. 7

494 B.C.

494 B.C.

about outstanding debts. His motion, legalistic in outlook, is legalistic in language. fidem secuti 'in accordance with the pledge made to them by P. Servilius' is a technical term in law: cf. S. C. de mense Augusto (Macrobius 1. 12. 35); Gaius 4. 70: see R. Feenstra, Studi Paoli,

the corruption ofM'. to M. is of the easiest and since M. Valerius was killed at the Battle of Lake Regillus according to the received tradition it is best to emend L. and Cicero, Brutus 54 (Orosius and Zonaras may be faithfully reproducing an already corrupt text: see Volkmann R.E., 'Valerius (243)'). 30. 7. decem: the size of the army, assuming as it does a total force under arms of 50,000 men, is exaggerated. The first time an army of this size is credibly reported (7. 25. 8; 349 B.C.) was the very year in which M. Valerius, later to be surnamed Corvus, fought his celebrated single combat with the Gaul.

273-8 7. 29.8. demersam: by contrast Larcius is warm-hearted and emotional. For the strong metaphor (6. 27. 6) cf. Petronius 88. 6. For discordiam accendi cf. Sallust, Or. Phil. 14; for discordiam sedari cf. Cicero, Phil. I. I. 29. 11. agedum: with a plural, instead of agitedum: cf. 38. 47. I I; Cicero, pro Sulla 72. For the false doctrine about provocatio see 18. 8 n. 30. 1. utique Largi putabant sententiam: apart from the repetition of thought (putabant sententiam after videbatur sententia) which can be justified (cf. 5. 33. 7, 26. 8. ro), there is a serious difficulty in the passage. The chiastic order shows that rursus •.. salubres belongs to the opening sentence and that the semicolon printed after sententia in the O.C.T. should be removed and a strong stop placed after salubres. 'Many thought Appius' motion barbarous, as indeed it was, but, conversely, Verginius' and Larcius' motions to be dangerous precedents.' The special point that is made about Larcius' motion is a separate one; not only was it dangerous, it would utterly destroy public confidence. The repunctuation demanded by sense and style leaves putabant sententiam incomplete. A predicate is missing. It could be supplied by esse eam (for sententiam M. Muller) or eam (Sc. esse Heraeus, Reuss) : cf. 9. 3. 12 ista quidem sententia ea est quae . .. 'They thought Larcius' motion in particular was the one that would destroy credit.' The mistake would be a simple one. I prefer a solution along these lines to the unsatisfactory emendation of putabant (refutabant Rossbach; repudiabant W ex). 30. 2. semper: the conflict between private interest and public welfare was a stock theme for moralists. 30.4. sua vi: this palmary correction, first made by Wex in 1832, is confirmed by the reading of M. Cf. 3. 26. 12. 30.5. M'. Valerium: 3. 7. 6 n. The Elogium (Inscr. Ital. 13.78 ; cf. 60) states: 'M'. Valerius Volusi f. Maximus dictator, augur, prius quam ullum magistratum gereret dictator dictus est. triumphavit de Sabinis et Medullinis, plebem de sacro monte deduxit, gratiam cum patribus reconciliavit. faenore gravi populum senatus hoc eius rei auctore liberavit. sellae curulis locus ipsi posterisque ad Murciae spectandi causa datus est. princeps in senatum semellectus est.' The praenomen M'. is also given by the Triumphal Fasti (3 I. 3 n.), the Capitoline Fasti (456 B.C.), and D.H. (6.23,39,57,69,71,77). M. is found in the manuscripts here and in Cicero, Brutus 54, Orosius 2. 5, and Zonaras 7. 14· Valerius Antias (fr. 17 P.) did not specify the praenomen. Since 306

2.30.5

30. 8-31. 6. War with the Aequi, Volscians, and Sabines 30. 8. oratores: 1. 38. 2 n. For their request see 3. 4. Ion. 30. 8-9. The details of the campaign are omitted by D.H., who also arranges the order of the wars differently. The order in L. is planned to keep the principal campaign (31. I longe plurimum), conducted by the dictator Valerius, until the last. The language is military: cf. 30. 12 nn., 30. 13 n., 31. In., 31. 2 n. 30. 12. ad manum: cf. Suetonius, Nero 26. 2; Aul. Gell. I. I I. 9; Marcian. Dig. 48. 19. 11. 2. gladiis rem gerere: the expression, once mistakenly claimed by Stacey as a 'poeticism' in the light of Ennius, Ann. 268 V. vi geritur res, is army slang; cf. 28. 2. 6, 3 I. 35. 5; Sallust, Catiline 60. 2; Caesar, B.G. 5. 44· I I, 7. 88. 2. See Gries, Constancy, 40. 30. 13. impressionem: cf. Bell. Afr. 78. 3; Hirtius, B.G. 8. 6. 2; Varro, de Ling. Lat. 5· 149. 31. 1. fundit fugatque: N's reading should be kept and punctuated fundit fugatque; exuit castris. fundo fugoque, the two words forming a single concept, is a regular term in military contexts; cf. Tab. Triumph. Acil. Glabr. 1. 4· 3; Bell. Hisp. 31. 8; Sallust, Jugurtha 21. 2, 52. 4, 58. 3, 79· 4, 99· 3· Cf. 1. ro. 4, 2. 6. 11. 31. 2. quam: N had qua dum se cornua latius pandunt parum apte introrsum ordinibus aciem firmaverunt. Light is thrown on this perplexing passage by 32. 17.8 where the Macedonians strengthen their line by deepening it-conferti, pluribus introrsus ordinibus acie firmata. Weinkauff took the sense to be that the Volsci had weakened their centre by extending the wings of their army-a mistake often inevitable and always calamitous (28. 14. 17, 5· 38. 2, 31. 21. 14, 25. 21. 6) and he proposed the radical but sensible text quam . .. parum aptis introrsum ordinibus [aciem] infirmaverant (cf. 9. 17. 15,28. 46.3). So also Wittmann. But the Macedonian case suggests a different interpretation and apte is confirmed by 4.37.8. While the wings of the Volscian army moved outwards in the hope, it may be assumed, of effecting an encircling movement, the brigade-

~.

31.

~

494 B.C.

494 B.C.

commanders of the centre had committed the unpardonable error of withdrawing troops from the line in order to make deeper, and so stronger, but broken sections. The original line of battle might be diagrammatically represented thus:

14· 34: it revolted in 390), and 338. The dates are not incompatible or mutually exclusive. The first colonization was a natural safeguard against the Volscian encroachments on the plain of Latium. The colony was lost either in Coriolanus' campaigns or as a result of the spread ofmalaria. A refounding in 40 I is in keeping with other indications of Roman activity in the area at that time (cf. 4. 61. 6). Its loss after the Gallic War was an inevitable consequence of that disaster which retarded Roman expansion by almost a century (cf. 6.12. Iff. 13.8, 17· 7,22.3 et al.). Velitrae was predominantly a Volscian city as is shown by the Tabula Veliterna, a bronze inscription in Volscian dating from c. 350 B.C. For its later history see Radke, R.E., 'Velitrae'. 31. 5. in adversos montes: Alan, comparing 5 I. 7 and Sallust, ]ugurtha 52.3, proposed adverso monte 'up the mountain' but 30. 9 shows that more than one mountain was involved. 'To the mountains facing them.'

after the redeployment it was:

The effect of strengthening their sections in depth (introrsum) was to create gaps through which (qua) the Roman cavalry could ride and wreak havoc. If any change is needed in the text, and I do not think that it is, qui or Salmasius's quia for qua might be considered. Salmasius in his posthumous De Re Militari has an enlightening discussion of the passage. For the repeated aciem ... aciem ef. 18. 8, 23. 14, 25. 6 et al. L. uses the form introrsum only ofmotion (3. 28. 7, ro. 33· 3). Elsewhere introrsus (25. 21. 7, 26. 42. 7, 33. 8.14,37.40.2) which should be read here. 31. 3. triumphans: M'. Vale[rius Volusif-n. Maximus] dic[t. de Sabineis et Medullineis]. sella . .. curulis: ef. the Elogium quoted above; Festus 464 L. Weinstock (l.R.S. 47 (1957), 148 ff.) produces evidence for the hypothesis that originally only the Flamen Dialis was allowed to sit on a sella curulis in the theatre, but that in view of the prolonged vacancy in the office of Flamen Dialis from 87 B.C. onwards Sulla created a precedent by allowing certain privileged persons to enjoy that right. Whether Sulla had any other basis for his precedent in Republican practice is unknown. What can be safely asserted is that the legendary example of M'. Valerius Maximus was 'brought to light' for him by Valerius Antias (Asconius, p. 13 C.). L. adds that the right was enjoyed by his descendants but there is no trace of this. A coin of M. Valerius Messalla (c. 53 B.C.; Sydenham no. 934) may allude to the tradition. 31. 4. Velitras: mod. Velletri. The name is Etruscan (cf. Vela8riVolaterra: Schulze 377). Like Rome, it was a community of fundamentally Latin stock which was urbanized and developed c. 600 B.C. under Etruscan influence. There is a large 'Villanovan' cemetery. Its position laid it open to Volscian pressure and during the next centuries it continually changed hands. The first capture by the Volscians is dated to the age of Ancus Marcius (D.H. 3. 41) and it was certainly Volscian by 500 B.C. (cf. Dio 45. 1). The sources report three separate colonizations by Rome in 494 (cf. 34. 6: Velitrae is also listed as a member of the Latin League in D.H. 5. 61), 401 (Diodorus 308

2.3 1 .4

31. 7-33. 3. The Final Act: The First Secession of the 'Plebs' 31. 9. reiecta: 'removed from the agenda'. 31. 10. discordiae: Valerius alludes to the classic definition of the emergencies that justify the creation of a dictator (ef. Cicero, de Leg. 3. 9; Claudius, I.L.S. 212 (Lyons)) which was doubtless aired to legitimize the innovations of Sulla. 31. 11. suam: i.e. of the plebeians.

32. 1. in consulum: the dispute sounds like an echo of a later constitutional controversy. Fimbria murdered the consular L. Valerius Flaccus in 84 B.C. and took command of his army. He was, however, unable to secure its loyalty, for it deserted on the approach of Sulla (docti nullam scelere religionem exsolvi). per causam: 'on the pretext of' : see Nisbet on Cicero, de Domo ro. The first secession and the creation of the tribunate are indissolubly linked. They stand or fall together. They have been subjected to severe assault and it is apparently the received opinion today that the Secessions are fictitious and that the tribunate was created in 471 at the earliest. On investigation, however, the arguments levelled at the traditional account are not damaging, whereas on the other side there are some arguments of weighty support. The sceptics, starting from the presupposition that the creation of the tribunate, being an extra-constitutional office, would not have been recorded in the Annales, point to the inconsistencies and contradictions within the sources and, before all, to the silence ofDiodorus, who says nothing of the tribunate under 494 but under 471 writes TOTE 7TpWTW'i KaTEaTCf87Jaav o'1fLapxo~ T€TTapE'i. Diodorus' testimony is irrelevant. The wordorder, with T€TTapE'i placed last, shows that he is emphasizing the number not the office-'for the first time four, as opposed to two,

494 B.C.

494 B.C.

were elected'. As for the inconsistencies between the other sources, these are to be seen as the growth of the myth. Every author has his own contribution to make to the story, political, personal, literary. What we must ask is 'Was there a secession in 494? Was the tribunate instituted then?' rather than worry about the names of tribunes or conflicting locations. To both questions the answer must be affirmative. Ifprosopography can teach anything, then it is clear that a number of plebeian, Etruscan families quitted Rome before 450 B.C. This is a matter of observation. What happened to the Galerii, the Pupinii, the Voltinii ? to the Larcii, the Cominii, the Cassii? Emigration was the course adopted by many families who found that their social status, their family connexions, or their commercial interests made life in the new Rome of the growing Republic uncongenial. The First Secession is, it would seem, a more dramatic and more concerted symptom of the same unease. Two grievances stand out. The brunt of Rome's economic misfortunes fell on them because they made up the commercial and business community, so that the harsh debt laws operated greatly to their disadvantage. The patrician debtor was better off to the extent that he at least was likely to enjoy the protection of a powerful patronus (3. 44· 5 n.) who would proffer support and mitigate ruin. The immigre would be fortunate indeed if he had managed to win such a relationship for himself. Secondly, and for the same reason, the lack of a patrunus, he was peculiarly liable to the severities which might fall on him as a result of consular or, now, dictatorial coercitio. He had no refuge while his patrician counterpart could invoke the potent and indefinable forces which clientela created. So today connexion will do much to ameliorate the naked indiscrimination of professional or judicial processes. If this is a correct diagnosis of the plebeian dilemma in the first quarter of the fifth century, intensified as it was by the responsibilities of military service demanded of plebeians, the tribunate with its powers of auxilium guaranteed by the sacrosanctity of the tribune supplied a mutually satisfactory remedy. It was not a magistracy i it was a watch committee. As will be seen below, the oldest tradition gave the original number of tribunes in 494 as two. This is plausible, for the two tribunes were to match the two consuls. The number was only raised to four when the assembly of the tribes, which would mean primarily the four urban tribes at that date, came into being (56. 2 n., 58. 1 n.: 471 B.C.) and officially elected the tribunes. Since the term tribunus is cognate with tribus, the title was probably only introduced in 471 when the four tribuni plebis were appointed as officers of the four urban tribes.

To the final objection that since the tribunes were not yet magistrates of the state their institution cannot have been recorded in the Annales, it may be replied that the Secession will have figured thereit had obvious religious repercussions-but that the tribunate was one of those landmarks of plebeian history which would have been recorded in the temple records of Ceres (33. 3 n.). In any case they were events which could be remembered without documentation. The detailed narratives ofthese events show a gradual development. Cicero (de Rep. 2. 58 iPro Cornel. fr. 48) speaksofa Secession to the Mons Sacer, the demand for leges sacratae (33. 3 n.), and the appointment of two tribunes comitiis curiatis (32. 2 n.). So also Festus 422 L. Even this version, which will go back to Polybius at the least, may not be the original. Piso placed the Secession on the Aventine (32. 3). It is a more probable site in that itwas the plebeian hill (3. 3 r. 1 n.) and that the substitution of the Sacred Mount could easily be caused by a false etymology for the leges sacratae (see on 3. 50-54). The original number of tribunes was two. Five was a supplement of the postGracchan age who desired to bring the number of tribunes into relation with the number of classes (58. 1 n.; cf. Asconius, in Cornel. p. 77. 2 Clark singulos ex singulis classibus). The names are equally fluid: neither Cicero nor Festus names them. Asconius quotes Tuditanus (fr. 4 P.) for L. Sicinius L.r. Velutus and L. Albinius C.r. Paterculus. Livy gives C. Licinius and L. Albin(i)us adding that three more were co-opted including Sicinius quidam. D.H. (6. 89. 1) lists the first two as L. Junius Brutus and C. Sicinius Vellutus, and, in addition, C. and P. Licinius and C. Viscellius (?) Ruga (cf. also Suidas s.v. 8~fLapxot). From this it emerges that D.H. at any rate is following a tradition much influenced by the late democratic prestige of the Junii Bruti, a prestige due in part to Atticus' researches into the family and in part to the activities of the tyrannicides. L., on the other hand, seems to have displaced Sicinius for Licinius, a significant alteration when taken in connexion with other features of 32. 2-33. 3. For D.H.'s account of the secession is not merely more diplomatic (there is a ten-man delegation to conduct negotiations with the plebs) : it is pungently Valerian. The auctor concordiae is not Menenius, but Valerius (D.H. 6.43. 4 i so also Cicero, Brutus 54 and the Elogium cited on p. 306 above). Seignobos drew attention to Livy, Epit. 83 (85 B.C.): e.ffectum est per L. Valerium Flaccum, principem senatus, et per eos qui concordiae studebant ut legati ad Sullam de pace mitterentur. Valerius Antias must have been responsible for supplanting Menenius. On the other hand Licinius for Sicinius points to Licinius Macer and it may well be that L. turned to the latter for the account of the actual secession itself (note the citation of variants at 32.2 and 33· 3). See Mommsen, Staatsrecht, 2. 272-330; E. Meyer, Kl. Schriften,

2.32. I

3 11

2.32. I

494 B.C.

494 B.C.

.I. 353-73; K. J. Neumann, Grundherrsch. d. Rom. Republik, 14 ff. ; Beloch, Rom. Geschichte, 239 ff.; Momigliano, Bull. Comm. 59 (1931), 157-77; Langle, R.E., 'Tribunus (13)'; Stuart Jones, G.A.H. 7. 438 ff.; Siber, Pleb. Magistraturen; R.E., 'Plebs (Tribunat), ; C. Gioffredi, S.D.H.I. I I (1945),37-64. 32. 2. Sicinio: raws; according to D.H., L. in Asconius. Despite the existence of a homonym who was a friend and fellow tribune of C. Licinius Macer, the tradition which associated the Sicinii with the tribunate is very strong (58. 1,61. 2, 3. 54. 12) and will represent an underlying fact. D.H. (7. 33 ff.) gives a long account of his later career which L. wisely ignores. See Munzer, R.E., 'Sicinius (4)'. 32.4. sumendo: 2. 9, the equivalent of a present participle, often used for variatio by Tacitus (Annals 15. 69). It is not commonly found in elevated prose earlier than the Augustan age. See Klotz on Bell. Hisp. 12.4; Marouzeau, Mem. Soc. Ling. 16 (19rr), 133 ff. 32. 5. pavor: L. frequently conveys thoughts, hopes, fears, misgivings in the form of a speech reported indirectly to build up a realistic atmosphere. Cf. 49. 1-2,3· 56. 7-8, 4· 50. 1,5· 24· 5-6. 32. 7. eam: presumably = plebem, although they have not expressly been named for several sentences. Alternatively understand concordiam : for concordiam reconciliare ef. 7. 42. 6, 41. 25. 2; Cicero, in Catil. 3. 25; Petronius lO9. 5; Aul. Gell. 2. 12. 4. 32. 8. placuit igitur: Ik prefaces with sic, which is favoured by L. for resuming the main thread of a narrative (cf., e.g., I. 5. 4, 2.46. 7) and should be read here too. For igitur in third place see Rehm, Thes. Ling. Lat. s.v. 'igitur', col. 254. 38-46. oratores: I. 38. 2 n.

parable was introduced in the formative period of Roman historiography that is the generation of Fabius Pictor and his successors. In retailing it L. was faced with a difficulty. The parable was elegant and sophisticated, but Menenius is a plebeian and is supposed to speak prisco illo et horrido modo. To represent such archaic uncouthness directly would offend against the canons of writing history and would do violence to what is a pre-eminently couth tale. L. side-stepped the problem by reporting the speech indirectly (cr. 4. 4 r. I n.). See Mommsen, Rom. Forschungen, 2. 128 n. 34; E. Meyer, Kl. Schriften, r. 358; Brodribb, Class. Rev. 24 (I9lO), 13-15; W. Nestle Klio 21 (1927), 350; Skard, Euergetes-Concordia, 90 ff.; W. Jaeger, Scripta minora, 2. I 12; A. Momigliano, G.Q. 36 (1942), I 17-18; Lambert, Die indirekte Rede, 16. 32. 10. dentes: for the approved text of the passage which should read nec dentes conficerent see C.Q. 9 (1959), 279. 32. 11. sanguinem: the vital element in the body, which only the stomach can supply, is postponed dramatically to the end of the sentence.

2.32. 1

2. 32.

9

The Parable rif Menenius Agrippa The parable of the body and the limbs is an old one of Greek extraction, as was demonstrated by W. Nestle. There are variations of it in Xenophon, Memorab. 2. 3. 18, and in Polyaenus 3. g. 22 where it is attributed to the fourth-century general Iphicrates. The closest parallels are Aesop 197 and St. Paul, I Cor. 12. 12-27, and there are echoes of it in Cicero, de Off. 3. 22. Even in its present form it is demonstrably Greek. tempore quo represents exactly the beginning of a Greek aivos;-ljv 7TOTE Xp6vos; OTE. Nestle himself believed that the story was introduced into Roman historiography early in the first century. Momigliano, agreeing in general with Mommsen and E. Meyer, would date it to the fourth century, and in particular would connect it with the problematic construction of a temple of Concord by Camillus in 367, and with the political settlement of that year, since the Menenii figure for the last time in the Fasti of 366 B.C. The date is attractive but, to my mind, too early. I would prefer to believe that the

33.1. sacrosancti: 3. 55.7-12 nn. 33. 2. G. Licinius: rudely interpolated by his namesake and descendant. L. Albinus: Albinius is the true form of the nomen (c£ 5. 40. 9 n., 6. 30. 2) ; the corruption is due to the frequency of the cognomen Albinus, particularly in the fourth century A.D. The Albinii were an Etruscan family (Schulze 118 f.) who continued in the honourable obscurity of minor senatorial rank (cf. Cicero, pro Sestio 6) for long years of the Republic. I t is unlikely that they would have had the opportunity or the motive to invent so famous an ancestor if he had not existed. fuisse: sc. constat which Novak would supply as an alternative to deleting jUisse and removing the full stop after creaverunt. It can, I think, be understood by anticipation from minus convenit. 33. 3. sacratam legem: the creation through a lex sacrata of a sworn confederacy who are dedicated to a particular objective and elect their own leaders is a phenomenon to be observed in the social and military history of the Osco-Sabellian races (4. 26. 3 n., lO. 38. I ff.). The most determined body of iurati whom Rome had to face were the Samnites in Campania. The First Secession exactly reproduced the character of such a confederacy. The lex sacrata which later historians rationalized into a law passed by the comitia curiata recognizing the ·sacrosanctity of the tribunes was in reality the oath by which plebeians banded themselves as an individual body and dedicated themselves to the goals ofself-help and hostility to the patricians. The oath was taken in the name ofCeres (D.H; 6.89. 3) , Juppiter only being added in later

3 12

313

494 B.C.

493 B.C.

forms. This reveals both the Italian character of the secession, for Ceres had come from Campania to be the tutelary deity of the plebeians, and also its partisan aims. Juppiter was the god of the community as a whole. They elected their own officers, the tribunes, and although the patricians must have recognized the tribunes and the principle of auxilium before the plebeians would have ended the Secession, the first move to incorporate the tribunes into the constitutional framework was not taken till 471. Such seems the best account of the lex sacrata, of which many interpretations were current even in antiquity. If it is basically correct, it supports the traditional outlines. See Latte, Gott. Gel. Nachricht., 1934/6, 69 ff.; F. Altheim, Lex Sacrata.

is nowhere explained how Coriolanus knew that the games were to be repeated (36. I n.) Yet to have inserted the dream at its proper place would both have interrupted the account of Coriolanus' expulsion and have separated it from its natural context, the chain of events leading up to the Volscian march on Rome. A third instance of the liberties which L. took with his material is to be seen in the telescoping of Coriolanus' two campaigns into one (39. 3 n.). The original myth, stemming partly from old Roman legend and partly from the special propaganda of the gens Marcia during its rise in the fourth century, made Coriolanus a Roman from the Latin city of CorioIi (hence his name) who at some indeterminate date as consul (De Viris Illustr. 19) offended the people. In this he resembled Camillus, and, like Camillus, he was driven from the city into the arms of the Volsci and after being deterred from the destruction of Rome by the pleas of his mother retired to spend an old age in exile (Fabius Pictor fr. 17 P.). The scrutiny of the Fasti by historians towards the end of the third century disclosed no consular Coriolanus: but there was a record preserved of the capture of Corioli by the Romans in 491 and it was to this event that the story of Coriolanus was attached to provide an aetiological explanation of his name (33.5 n.). A study of the comparative history of Greece and Rome showed that the stories of Coriolanus and Themistocles enjoyed a similarity not merely in date (Aul. Gell. 17. 21. 12) but also in substance which encouraged the transference to Coriolanus of several details concerning Themistocles, in particular his attitude to his country and his suicide. Cf. Cicero, Brutus 41-43, who concludes Coriolanus (est) plane alter Themi-

2.

33. 3

33. 3-40. Coriolanus No sooner has Rome emerged from the throes of the First Secession than she is once again plunged into danger by political disunion. Just as before the quarrel arose on the question of debt, so now it breaks out over the distribution of corn imported during a shortage. On this occasion it is not the impartial mediation of a Menenius but the presence of a remorseless aggressor which persuades the Romans to close their ranks and L. uses the legend of Coriolanus not, like Shakespeare, as a study in the limitations of the man of action but as a parable on the text externus timor maximum concordiae vinculum (39· 7). The theme is not a new one: it has been hinted at several times before but for the first time L. uses it as a moral around which to build his narrative. He subordinates the whole of his material to it. The tragedy leads on to the supreme interview between Coriolanus and his mother in which Coriolanus acts out the secondary moral that in the last resort a true Roman's love for his country outweighs every other consideration. The method by which L. constructs this unified episode is evident from a comparison with the parallel narrative ofD.H. Only here does L. abandon the regular annalistic practice of introducing each year formally with its list of magistrates, and since the lists are to be found in D.H. (7. 68. I, 8. 1. I Q. Sulpicius, Sp. Larcius; C. Julius, P. Pinarius) and are presumed in the computation of dates which L. himself makes later (4. 7. I), we are entitled to assume that he deliberately omitted them in order to preserve an Aristotelian unity of time rather than that his source was defective. A logical inspection of the timing of Latinius' dream points to a similar conclusion. In D.H. 6. 68-69 Latinius has his dream bifore Coriolanus is expelled from Rome (68. 1-3) so that Coriolanus knows that the games are to be repeated and therefore that they would present a suitable opportunity for provoking the Romans to slight the Volscians. In L. the dream occurs after Coriolanus has left and it

2.

33. 3-40

stocles.

Other embellishments may well include the addition of Latinius' dream to the story. It is not essential. Macrobius (1. 11. 3) specifically assigns it to 279 nor is it connected with Coriolanus in the version, taken directly from Coelius Antipater, which is given by Cicero (de Div. I. 55)' The influence of dreams became fashionable after Hannibal. Certainly the flash-point of the quarrel between Coriolanus and the plebs, the distribution of corn, is a post-Gracchan improvement. That there was a corn shortage is doubtless historical and would have left its mark in the Annales. There were, too, from earlier times, recorded sales of corn below the market prices (Pliny N.H. 18. 17: 251 B.C.). But the political manipulation of the prices begins with C. Gracchus (Appian, B.C. I. 2 I; Plutarch, C. Gracchus 5; Cicero, pro Sestio 103). A further touch that corn was sent from Dionysius of Syracuse (Gellius fr. 20 P.; Licinius Macer fr. 12 P.), corrected on chronological grounds to Gelon by D.H. himself (7. I), I is a confusion with similar deals a century later (4. 25. 4 n., 4. 52. 6 n.). The I

A. Klotz, Rh. Mus. 87 (1938), 35 f.

493 B.C.

493 B.C.

confusion was engendered by the dominating position which Dionysius occupied in Sicilian history. The hand of Valerius Antias can be seen both in the lurid details of Coriolanus' death and in the appearance of Valeria in the embassy of matrons. The dry bones, on the other hand, come from two documentary sources, the restored foedus Cassianum and the Annales. The Annales would have contained under the different years notes on seven topics: the names of the consuls, a list of cities captured in the course of each year (2. 19. I n.), the public funeral of Agrippa Menenius, the annona and the places from which com was imported, the dispatch of settlers to Velitrae and Norba, the instauratio ludorum, the foundation of the temple of Fortuna Muliebris. Such were the eight dry bones from which successive generations brought Coriolanus to life. The version in D.H., on which Plutarch and so Shakespeare are dependent, is at the least an amalgamation of Licinius Macer and Valerius Antias. Traces of two strands can be seen in the duplication of plunder raids against Tolerium and Corioli and in the curious muddle where the number of tribes is given as twenty-one (7. 64) but it is later said that, if eleven tribes had acquitted Coriolanus, a tie would have resulted. He alters Licinius Macer expressly (see above), but has many striking Valerian allusions (7. 54 M'. Valerius; 8. 49 Valeria). He may also have taken over some colour from an Augustan archaizing poem about Coriolanus (8. 62).1 L.'s account, simpler and more homogeneous than D.H.'s, bears no such marks of contamination. It is in general so close to D.H. that it may represent one of the traditions which D.H. has combined. There is no doubt that it belongs to the Sullan stage of the development of the myth: it has all the post-Gracchan tendency but the terms in which the bronze pillar of the foedus Cassianum is mentioned indicate that it was written well before 56 B.C. (33.9 n.). The special knowledge about Antium (33. 4 n.), the use of Greek models, the absence of Dionysius ofSyracuse, and the affiliations with other Valerian passages cumulatively support the claims of Valerius Antias. See further Mommsen, Rom. Forsch. 2. 113-52; K. W. Nitzsch, Rh. Mus. 24 (1869), 150; J. Bachofen, (jber die Geschichtlichkeit der Coriolansage; E. Zamcke, Commentationes Phil. O. Ribbeck; Soltau 162; W. Schur, Hermes 59 (1924), 451-4; A. Reichenberger, Studien zu Erziihlungkunst der T. Livius, (1931),25; E. T. Salmon, C.Q.. 24 (1930), 96-IOI; Burck 70; Schur, R.E., Suppl. 5. 653-60; Klotz 241. For the unattractive theory that L. used Ennius directly see W. Aly, Livius, und Ennius, 37 (Coriolanus = Achilles); O. Schonberger, Hermes 88 (1955), 245 ff. (Coriolanus = Meleager). 33. 3. per secessionem plebis ... inierunt: L., still experimenting to com

2.33.3-40

bine episodic treatment with an annalistic narrative, delays mention of the accession of the consuls until he has disposed of the Secession. The pluperfect, first read by Reiz, is not required. Sp. Cassius: 17. 1. Second consulate butno mark of iteration; 16. 7 n. 33. 4. cum Latinis populis ictumfoedus: for the Latini populi see 18. 3 n. D.H. (6. 95) gives the text of the treaty as follows: 'Pwfl-a{Ot, Kat Tat,

I

A. Momigliano, ].R.S. 47 (1957),

3 16

III.

2. 33· 3

AaT{vwv l70AWtV umlaat, dp~VTJ l7pO' aAA~Aov, EaTW, fl-EXpt, av ovpavo, Kat yfj T~V aVT~V aTamv €Xwat' Kat fl-~T' aVTOt 170A€fl-€{Twaav l7pO' aAA~AOV' fl-~T' (iAAof}€v 170Mfl-0v, Jl7ayETwaav, fl-TJT€ TOt, JmcPEpovat 176A€fl-OV l7ap€XETWaaV aacPaA€t,· fJOTjf}€{Twaav T€ TOt, 170A€fl-OVfl-EVOt, ul7aar/ Svvafl-€t, AacPVPWV T€ Kat A€{a, Tfj, JK 170Mfl-wv KOtVWV TO raov AayxavETwaav fl-EpO, €KaT€pOt' TWV T' lStWTtKWV aVfl-fJoAa{wv a[ Kp{an, Jv ~fl-EpatS ytYVEaf}waav SEKa, l7ap' 0[, av YEVTJTat TI) aVfl-fJ6Aawv. Tat, S~ avvf}~KatS TaVTat, fl-TjS~v JgEaTW l7poaf}€tvat fl-TjS' acP€A€i:v al7' aVTwv, OTt av fl-~ 'Pwfl-a{Ot, T€ Kat AaT{vOtS al7aat SOKfj. Festus 166 L. quotes T€

oSov,

two fragments: item in foedere Latino: 'pecuniam quis nancitor habeto' et 'si quid pignoris nanciscitur sibi habeto'. There certainly was a bronze inscription in the Forum at the beginning of the first century which was regarded as the original treaty and from which D.H.'s source could have transcribed the text (33. 9 n.). The provisions correspond with those regularly found in later foedera such as the treaties with Methymne (I.G.R.R. 4. 2: c. 129 B.C.), Astypalaea (I.G.R.R. 4. I028: I05 B.C.), and Mytilene (I.G.R.R. 4. 33: 25 B.C.; note the commercial clauses after the usual terms about forbidding transit to enemies). As far as the contents go, therefore, the version given by D.H. is plausible enough and, despite L.'s attempt to make a foedus aequum appear more favourable to Rome than it really was, we may detect its operation in his account of the division of spoils (4. 29· 4, 5. 19· 8 n.). Moreover, it is exactly analogous with the Hemican treaty (41. I n.) in that it fits the political condition of Latium and the wider Italian scene. Under pressure from the Volscians in the south-east and after the loss of several cities (Antium, Corioli, Velitrae), the Latins would naturally tum to Rome for alliance and protection and they received immediate relief by way of Cominius' counter-offensive. Only in this period were the triginta populi an organized and articulate body. But neither the translation given by D.H. nor the quotation in Festus suggests archaic Latin. Indeed in one important particular there can be little doubt that D.H.'s text is anachronistic. The duration of the treaty is prescribed fl-EXpt, av ovpav6, T€ Kat yfj T~V aVT~V aTaaw Exwat which is the same as the duration of the bizarre treaty which Alexander made with Celts in 335 B.C. (Ptolemaeus 138 F 2 Jacoby; Arrian 1. 4.8; see H. d'Arbois de Jubainville, LesPremiers Habitants, 2. 316; W. W. Tam, Alexander the Great, 1. 6). This was an B.C.

31 7

2.33.4

493 B.C.

493 B.C.

oath peculiar to the Celts and one which was still in use among the Irish in the eighth century. As such it would be inconceivable for primitive Romans and Latins. It is likely enough that the inscription was altered and re-carved to keep pace with subsequent developments, as other cities subscribed to the treaty, and that the copy from which D.H.'s text was taken had not been standing in the Forum for much more than a century before it became finally obsolete in 89 and disappeared. Nor can it be demonstrated for certain that the treaty is correctly dated to 493, Cassius' second consulship. His name stood in the treaty, but perhaps in his capacity as fetial rather than consul. In any case the treaty would not have differentiated between his consulships. 493 could well have been chosen as the date simply because of the erroneous belief that Cassius had to be consul in order to make a treaty. Although the condition of the Latin world in 493 is equally compatible with the terms of the treaty it is natural to expect that it would have been made in the aftermath of the Battle of Lake Regillus and a trace of such a treaty may even survive in 22. 3-4 n. See R. von Scala, Die Staatsvertriige des Altertums, 31-33; E. Taubler, Imperium Romanum, I. 262-3 I 7; H. M. Last, C.A.H. 7. 488-92; A. N. Sherwin-White, Roman Citizenship, 11-30; Steinwenter, R.E., 'ius Latii'; E. Badian, Foreign Clientelae, 291 n. C.

where the roads to Antium and Satricum divide, 20 miles from Rome and 15 miles from Antium. Like Longula it may be recognized in Pliny's list (Pollustini) as an Alban community which had subsequently fallen into Volscian hands. Both cities disappear from history after their recapture by the Volscians under Coriolanus and may well have been destroyed. They are absent from the list given by D.H. (5. 61) which purports to preserve the composition of the triginta populi in 500 B.C., but more probably reflects a state of affairs prevailing around 400 B.C. (18. 3 n.). In that case they will have ceased to exist by the end of the century. Hofmann, R.E., 'Pollusca'. Coriolos: placed by Gell and Nibby on Mte. Giove. Unlike Longula and Polusca it is listed as a Latin city by both Pliny and D.H. from which it may be inferred that after being captured twice by the Volscians it ultimately regained its independence and survived as a Latin community at least until after 400 (3. 7 I. 6 n.). erat tum in castris: cf. 4. 19. I erat tum inter equites. L. is fond of introducing his central characters by this Hellenistic formula which, to take but one example, is the regular way of beginning a novel; cf., e.g., Xenophon Ephes. I. I 7}v EV 'Er/>EuitJ dv~p TWV Ttl 7TpWTa EKEf 8VVUIJoEVWV, AVKOIJo~87]' OVOIJoU; Chariton Aphrodis. I. 3. It makes the reader aware that a special story is coming. Cf. Horace, Sat. 2. 3. 281. Cn. Marcius: the manuscripts at 35. I, 39. I, 39. 9 are unanimous for the praenomen Cn. which should be read here as well, in preference to the C. of 7TA. Cn. is traditional (Val. Max. 4. 3. 4; Aul. Gell. 17. 2 I. I I) but D.H. (hence Plutarch and Shakespeare's, 'Ay Marcius, Caius Marcius') follows a separate tradition attributable to Licinius Macer. et consilio et manu promptus: 3. I I. 6 n., and for the combination of consilium and manus cf. Sallust, Jug. 96. 3; Tacitus, Hist. 2. 5, 3· 17, an historical commonplace taken over from Hellenistic writers and possessing epic and tragic overtones. Cf. Homer, Iliad 13. 727-8; Euripides, Chrysippos fr. 842 N.: see H. D. Kemper, Rat und Tat (Diss. Bonn, 1957). cui cognomen postea Coriolano fuit: it is implied that he received the cognomen, which is not found elsewhere, for his exploits against Corioli. This must be a fabrication. The earliest cognomen derived from a captured city is perhaps Privernas (329 B.C.) or Messalla (263 B.C.), while the first one formally bestowed is said to have been Africanus (30. 45· 7: 201 B.C.). He must have been so called because CorioIi was the Marcian home town (d. Praenestinus, Veliternus, Auruncus), but a new explanation was required when the legend was tied down to a period in which Corioli, being in Volscian hands, could not have produced a Roman citizen. Mommsen, Rom. Forsch. 2. 295; B. Doer, Die Rom. Namengebung, 1937,48-5°.

The Latin Counter-Offensive against the Volscians Antiates Volscos: Antium, mod. Anzio, originally a Latin city which with other coastal towns formed part of an Etruscan hegemony centred on Rome. It figures as an ally or dependant of Rome in the first treaty of 508 B.C. with Carthage (Polybius 3. 22. I I: llp8EaTwv, )lvnuTwv, )lpEVT{VWV, KtpKUUTWV, TUppUKtVtTWV: see Walbank, ad loc.) but in the unsettled conditions following the expulsion of the kings it had passed under Volscian control. The annalist Valerius Antias came from here (Introduction p. 16). For the archaeological remains see Lugli, Tecnica edili;:.ia, 270-1. Longulam: identified by Nibby with Buon Riposo, a settlement on the road from Antium to Ardea 26 miles from Rome and 10 miles from Antium. In Pliny's list of the Alban League ofJuppiter Latiaris (N.H. 3. 69) the received text Longani is better corrected to Longulani than understood with O. Seeck (Rh. Mus. 37 (1882), I fr.) as an ignorant duplication of Albani to denote the inhabitants of Alba Longa. If so, Longula was one of the earliest Latin communities. See Philipp, R.E., 'Longula (2)'. 33. 5. protinus Poluscam, item Volscorum: a certain correction by Cluver in the light of the parallel account in D.H. 6. 91. 3 and the campaign of Coriolanus (39. 3). The site is put by Nibby at Osteria di Civita 3 18

2.

33· 5

33. 7. per patentem portam ferox inrupit: caedeque in proxima urbis facta 3 19

493 B.C.

493 B.C.

ignem . iniecit: the text presents several small difficulties none of them cumulatively sufficient to justify radical surgery. The use of proxima with a gen. = 'the nearest parts of' is paralleled by 3 I. 46. 12 traicit in proxima continentis and the rhythm -eque, generally disliked by classical authors, by 8. 9. 7, 21. 39. 2 (H.]. Milller). Objection has chiefly been taken to caede jacta with in and acc. instead of in and abl. (as Cicero, Brutus 85; Paradoxa 30) but the battle is moving, not stationary, and the same usage occurs in 3. ro. 7 ne qui in loca summa urbis impetus caedesque inde fierent. Madvig's transposition (inrupit in proxima urbis caedequejacta) is shown to be wrong by the parallel account in D.H. 6. 92 KaTd 1To,\,\d Il'€P7J Tfj, 1T6,\€w, eP6vo, lY{V€TO. 33. 8. clamor . .. mixtus muliebri puerilique ploratu ad terrorem, ut solet, primum ortus: primo ortu N. ortus (Gronovius) gives a more compact subject, all the components being included between the noun and the participle, than orto (sc. ploratu Madvig). The men began to shout, the women and children to scream as soon as Coriolanus broke into the city. clamor oriri ad aliquid is favoured by L.: cf. 1. 39. 2, 2. 23· 7, 3.48 . 6. turbavit Volscos, utpote capta urbe, cui . .. venerant: for the separation of the relative and correlative by an abl. abs. cf. 64. 8 (Pettersson). The description of the capture of Corioli, however much it may owe to L.'s own experience of war, owes more to literary conventions inspired by epic and tragedy (e.g. the Troades). Almost all L.'s accounts of captured cities are variations on the Ilioupersis theme: the enemy break in, begin a massacre, set fire to the town; the population resorts to lamentation and despair (see note on I. 29. I If.). 33. 9. joedus ... (in) columna aenea insculptum: cf. Cicero, pro Balbo 53 cum Latinis omnibus joedus ... ictum Sp. Cassio Postumo Cominio consulibus . . . quod quidem nuper in columna aenea meminimus post rostra incisum et perscriptum juisse. Cicero cannot be quoting directly from the inscription since it is clear from L. that only the name ofSp. Cassius appeared on it as a party to the treaty. The implication of nuper is that the inscription had in fact been removed by the time when he is speaking (56. B.C.) and the obvious date for this would be shortly after 89 when the treaty finally became obsolete. Since L. gives no hint that the inscription has disappeared, he must have taken over this whole passage from his Sullan source without troubling to verify it. in is required; cf. 39. 37. 16 monumentis litterarum in lapide insculptis. 33. 10. Agrippa Menenius moritur: 32. 8 n. A notice from the Annales developed into an obituary (16. 7 n.). The actual coins sextantes (so too Pliny, N.H. 33. 138; Val. Max. 4· 4.2: cf. L. 3. 18. I I (L. Valerius) quadrantes) are anachronistic since cattle were still the medium of currency down to c. 450 B.C. Like quadrantes, they became the proverbial small coin ('coppers': cf. Laberius ap. Aul. Gell.

16. 9. 4) and for this reason would naturally occur to the pen of an historian with a desire to give circumstantial verisimilitude to a public funeral. It is significant that the only other cases of this custom concern Valerii, L. Valerius in 3. 18. I I, and P. Valerius Publicola in Plutarch, Popl. 16: ?Valerius Antias.

2.

33· 7

320

2.

33.

10

The Corn Shortage 34. 2. caritas primum annonae: 9. 6 n., from the Annales. The mention of Ostia may be accepted (Meiggs, Ostia, 18-19, 479). If corn was not available from the surrounding plains of Caere, Vuki, and the Pomptine flats but had to be imported from farther afield, it will have come up the Tiber to Rome. Ostia would have figured in the record. The other regions are credible. The Sicilian corn will have come not from Syracuse or the eastern end of the island but from places like Segesta in the west where Carthaginian interest was strong enough for the Romans to exploit their treaty with Carthage. The authenticity of these notices is enhanced by the simultaneous foundation of a cult of Ceres at Rome (D.H. 6. 7. 12-14, 94. 3; omitted by Livy but see 3.55. 7 n.). The main centres of the cult were Cumae and Sicily. It was Demeter who guided the Chakidians to Cumae and Xenocrite, the mistress of the tyrant Aristodemus, prided herselfon b~ing the priestess of the cult. In Sicily there was a long-established tradition of Demeter worship at Henna (Val. Max. 1. 1. I). The connexion between the cult of Ceres and the annona is well attested in later times (cf. Lucilius fr. 200 Marx). See H. Ie Bonniec, Le Culte de Ceres, 242 If. ex incultis per secessionem plebis agris: cf. 34. I I utantur annona quam jurore suo jecere. Contrast 32. 4 where the plebs secede per aliquot dies only and do no damage to the countryside (neque lacessiti neque lacessentes) . 34. 3. sed quaesitum in Siciliam quoque: quaesitum (supine) should be retained, taking in Siciliam with dimissis. The merchants were to buy corn in Italy and beg for it in Sicily. 34. 4. Aristodemo: 2 I. 5 n. periculum ... jrumentatoribus juit: a second-century note. The unpopularity usually arose when the corn merchants sold their corn (4. 12. 10 n.), not when they bought it, but the development of Roman trade made such perils household tales. Cf. Cato, de Re Rust. praif. 3; Cicero, Verr. 5. 157. 34.5. Tiberi venit: cf.4. 12-13, 52. 6. Ie Gall (Le Culte du Tibre, 56) believes river traffic on the Tiber at this date to be an invention based on the regular trade of classical times (Juvenal 7. 121). A gt:ess it may be, but a good guess, for the corn could not have come by any other means. pestilentia ingens: malaria? The spread of malaria to the Pomptine 814432

y

2.34.5

492 B.C.

491 B.C.

marshes is commonly associated with the decay of the drainage system during the Punic Wars (the first references are in Plautus, Curculio 17; Terence, Hecyra 357) but it could have been rife earlier. For disease at Rome during the century see 3. 2. I n. 34. 6. Velitris auxere numerum colonorum: 3 I. 4 n. Norbam: mod. Norma, not listed in the Alban section of Pliny's register of the League of ]uppiter Latiaris, a confirmation of the authenticity both of that list and of this notice. It is named in the separate non-alphabetical table of twenty-one associated cities which precedes the main list (N.H. 3. 68), a table which seems to have been compiled by Pliny or Varro from a variety of historical traditions, not from a single early document. The colony at Norba, which was a Latin colony (27. ro. 7) and not, as it is here represented, a citizen colony, would have had its place in the Annales and it also figures in the Latin League of D.H. 5. 61 (reading Nwp{3avwli for Mwpmvwv). After playing a long and stormy role in local history, it was destroyed by arson during the Civil War (Appian, B.C. 1. 94). Some resettlement may have occurred later but Norba never regained its old position, securing only scant immortality in a passing mention by Pliny (N.H. 3. 64) and an entry in Suidas. The traditional date for the settlement ofthe colony is confirmed by the archaeological evidence. Philipp, R.E., 'Norba (I)'; Rosati, Arch. Class. I I (1959), ro2-7. 34. 8. extorta secessione ac vi: the language of late Republican politics; cf. Sallust, Jug. 31. 6 (Memmius). The whole of Coriolanus' speech which follows is characterized by a violent rhetoric typical of the first century. In particular L. seems to have had in mind Cicero's dramatic appeal to Catiline to quit Rome (in Cati!. 1. ro).

the violent phrase linguam exertare which he found in Claudius Quadrigarius (Aul. Gell. 9.13) to a mild linguamexserere (7. ro.5: McDonald, J.R.S. 47 (1957), 167). So here he substitutes tergo for corio while retaining the essentially popular flavour of the phrase to characterize plebeian complaints. The same demagogic tone is continued in the following sentence (56. 8 n.). camifex is Cicero's word for Verres and his henchmen, while aut mori aut servire iubeat echoes the indignant outburst of in Pisonem 15. Riots against corn shortages were frequent in Rome after the Gracchi. 35. 3. auxilii esse: cf. 56. I I. 35. 4. qua qua: 2. 45. 3, 4, 16, 3. I I. 6 (J. Wackernagel, Archiv j. Lat. Lex. 15 (1908), 213), a use confined to the first decade which it is hard to classify. I t is met with in PIautus (e.g. Miles I I 13, Asin. 96 ) but despite its comparative rarity in the intervening period and its popularity with the archaizers (e.g. Claudius, I.L.S. 2 I 2. 25 qua ipsius qua filiorum eius-perhaps from L.: see D.M. Last, Latomus 17 (1958), 484-Valerius Maximus, Pliny the younger, and Fronto) it is difficult to agree with Hofmann (Lat. Umgangsprache, 62) that it is an archaism in view of its frequency in the letters of Cicero (e.g. ad Alt. 2.19.3, 9. 12. I, 15. 18.2). 35. 5. pro nocente donarent: a number of legal proceedings recorded from the early Republic can conveniently be considered together:

34. 10. Tarquinium regem: the T61TOS recurs at 3· 39· 5. Sacrum montem: 32. 2 n. tertio anno: for tertio anno ante (46. 4; Vitruvius 9. 1. ro; Cicero, de Fato 13). The usage could only be justified on the analogy of proximo anno (Cicero, pro Sestio 131: see Lundstrom, Abhinc und Ante, 39-40). ante must be inserted. 34. 12. arbitror: one of the few places where L. gives a personal opinion on a moral issue. The effects of manipulating the annona for political ends had been pernicious. It is noteworthy that the first of Octavian's frumentationes occurred in 28 B.C. (Res Gestae 18; Dio Casso 53. 2. I) when he was readjusting his own constitutional position and when L. was engaged on this book. 35. 1. nisi de tergo . . . satisfiat: the colloquialism was in fact de corio alicuius satisfieri, as in Seneca, Suas. 7. 13; Contr. ro praif. 10. L.'s taste recoiled from such strong language. He was happy to tone down 322

Date

Accused

2·35· 5 2. 41. I l

49 1 Coriolanus 485 Sp. Cassius

2.52.3

47 6 T. Menenius

2.52. 6

475 Sp. Servilius

2. 54. 2

473 L. Furius A. Manlius 2. 61. 2 47 0 Ap. Claudius 3.

I I.

9 461

3· 24· 3

459

K. Quinctius

M. Volscius

Prosecutor tribunes quaestors (K. Fabius L. Valerius) tribunes (Q. Considius T. Genucius) tribunes (L. Caedicius T. Statius) tribune (Cn. Genucius) tribunes (M. Duilius Cn. Siccius) tribune (A. Verginius) quaestors (A. Cornelius Q. Servilius) 323

2.35.

Charge perduellio

falsus testis

I

2. 35· 5

491 B.C.

Date 3. 25· 2

45 8

Accused M. Volseius

3· 31. 5

454

C. Veturius

3· 3 I. 5

454

T. Romilius

3. 56.

1

449

Ap. Claudius

4· 2 I. 4

43 6

L. Minucius

A. Servilius

4· 4 2 • 3

4 22

M. Postumius T. Quinetius C. Sempronius

4· 44· 6

420

C. Sempronius

5·

4

4°1

L. Verginius M. Sergius

5· 29· 7

393

5·32.8

39 1

Q. Pomponius A. Verginius Camillus

4· 40. 4

1 I.

Prosecutor quaestors (T. Quinetius M. Valerius) aedile (L. Alienus) tribune (C. Calvius) tribune (L. Verginius) tribune (Sp. Maelius) tribune (Sp. Maelius) tribune (C. Junius) tribune (L. Hortensius) tribunes (A. Antistius M. Canuleius Sex. Pullius) tribunes (P. Curiatius M. Minucius M. Meti:ius) plebs

491 B.C.

Charge Jalsw' testis

falsus testis caedes civis indemnati

tribune (L. Apuleius)

The individual peculiarities of each case are treated in due place but an account needs to be given of the processes of law as a whole. The only crime about which the state took the initiative on its own accountwasperduellio (n. on 1.26.5). In all other cases, except for minor offences which would be dealt with summarily by the praetor (consul) or his officers, the initiative lay with the agnati. It was the agnati who brought the prosecution and the agnati who were responsible for exacting the penalty or vengeance. This is the procedure recognized and codified in the Twelve Tables and which will have survived down to 390. The state was concerned simply to provide a machinery for determining the guilt or otherwise of the accused but the prosecution rested not with the state but with the agnati. The machinery consisted of the appointment ad hoc by the consul of quaestores whose function was to investigate the charges and determine the culpability of the accused. The quaestores were not judges, they did not sentence, they did not possess any powers of coercitio. They were no more and no less than

2·35· 5

their name implied. They were most commonly appointed in cases of parricidium (so in the Twelve Tables) but doubtless also in other matters when the need arose. The significant change introduced by the Twelve Tables lay in its famous clause de capite civis nisi per comitiatum maximum . .. ne ferunto which effectively removed the administration of the death penalty from the hands of the agnati to the state. This process whereby the state gradually assumes control of private blood-feuds is familiar from the historical development of most legal systems. But in cases of parricidium as opposed to perduellio the initial prosecution still lay with the agnati and the determination ofculpability with the quaestores. It was only the fate of the guilty which concerned the comitia centuriata. The innovations made by the Twelve Tables did tend to draw the procedures for perduellio and parricidium closer together but the underlying differences remained fundamental. Thence evolved the historical iudicia populi before the comitia centuriata, illustrated by the cases of 212 (25.4), 21 I (26. 3), and 169 (43. 16) and described by Cicero (de Domo 45; ef. Varro, De Ling. Lat. 6. 90). At these, three sessions were held, the last of which was a day fixed (die dicta) for the pronouncement of sentence. It became customary for the accused if his guilt had been established at the preliminary sessions to forestall the sentence by going into voluntary exile, unless he were restrained under arrEst (Polybius 6. 14. 7). Except for a decree of aquae et ignis interdictio to prevent his return, proceedings lapsed if the accused was no longer in Rome. It will be seen that all mention oftribunician prosecutions atthis date is rigidly excluded. The tribunate was a revolutionary and unconstitutiona I cadre which had no place in the regular framework ofgovernment. The tribunes were officers ofthe plebs and not of the people as a whole. They could, therefore, have no possible jurisdiction over non-members of the plebs any more than a Trade Union can discipline a member of the public. It was only when the tribunate was absorbed in the constitution after the Decemvirate, and especially after the Licinian-Sextian laws and the legislation of 287, that the tribunes had a recognized place in Roman legal procedure. It is more than doubtful whether they had any jurisdiction even over plebeians in the early period. I t can, therefore, be categorically stated that all notices of tribunician prosecution for the early period are false. This does not, however, entail that there were no trials, merely that they were not conducted by tribunes before the tribes. On the other hand, cases before quaestores and duoviri concerned both the state and, on occasion, the religious well-being of the state. They have as much claim as the com supply to be entered in the Annales. Ifwe examine the individual trials cited an interesting fact emerges. Excluding the trials of 461 and 449 which cannot be trusted, and of 473 and 470 where no indication is given 3 25

2.35.5

491 B.C.

491 B.C.

of the offence, the accusations fall into two main groups: (I) military incompetence (476, 475, 4 2 3, 4 22 , 420, 4 01 , and 393 on which see 5. 29· 6 n.); (2) false testimony (459, 45 8, 436) and peculatus (454, 454, 391). These two classes correspond to two general categories of crime: perduellio, tried by the duoviri, and the parricidium-type crimes, investigated by quaestores. The significant point is that in two of the parricidium-type trials quaestores are actually mentioned (and perhaps in a third as well; see 5. 32. 8-9 n.), and in two at least ofperduellio there was a record of two judges although the names cited are patently fictitious. I infer from this that the cases were entered in the Annales under a bare note which alluded either to quaestores or to duoviri, and that the trials were modernized by later historians who substituted the legal procedure with which they were familiar, tribunician prosecution before the tribes, and added appropriate names. Sp. Cassius and Coriolanus are special cases because their stories were more elaborately worked over and distorted. Both should have been accused of perduellio. I think it likely that Cassius was and that the process of falsification can be traced (41. I I n.). Coriolanus is more shadowy. As told by L. the trial reads like a misunderstood iudicium populi, a iudicium populi in that there were preliminary hearings and a final session (die dicta) at which the sentence was to be passed but which Coriolanus forestalled by going into exile, but misunderstood in that the deprecatio would have been made on the preliminary hearings (Quintilian 7. 4. 18; Cicero, de Inv. 2. 104-8), that tribunes could have had no part in it and that Coriolanus is alleged to have been sentenced to exile, a fate which only prevailed from Sullan times. In short, it looks as if the trial of Coriolanus was fabricated in the late third century and brought up to date by Sullan Annalists. See Strachan-Davidson, Problems, I. 152-69; E. G. Hardy, ].R.S. 3 (1913),25-32; C. H. Brecht, Perduellio, 282-3; Zeit. Sav.-Stift· 59 (1939), 261 ff.; A. Heuss, Zeit. Sav.-Stift. 64 (1944), 93 ff.; J. Bleicken, Das Volkstribunat, 106 ff.; Staveley, Historia 3 (1955), 422; Walbank on Polybius 6. 14. 7; Jolowicz, Historical Introduction, 321-4. 35.6. in Volscos: Themistocles fled to the court of his personal enemy, the Molossian king, Admetus. percipiebantur: praecipiebantur N, which could only mean 'anticipate' (in the imagination). But the Volscians have no need to anticipate his emotion; what they might with profit anticipate is his intended action. 35.7. Atti Tulli: Tullius is the nomen (I. 22. In., 39. In.), Att(i)us the praenomen (16. 4 n.). The Tullii are deep-rooted in Latium (cf. Servius Tullius; Plutarch, Cicero I. I), so that the tradition about Tullius is likely to be old and genuine. Greek writers (D.H. and Plutarch) were muddled by the names and took Tullus as the praenomen on the false analogyofTullus Hostilius (Miinzer, R.E., 'Tullius (3) ').

36.1. ludi: I. 35. 8 n. The appearance ofJuppiter indicates that these were the ludi Romani magni, which in classical times occupied the middle fortnight of September (Cicero, Phil. 2. 110; C.I.L. 12, pp. 328 f.). At this date they can hardly have been annual (6. 42. 12, 8. 40. 2) and should still be votive games to celebrate particular triumphs, in this case Postumius Cominius' victories of the preceding year (so Cicero, de Div. 1.55 bello Latino ludi votivi maximi). A record of such a celebration might conceivably have survived in the Fasti. See Habel, R.E., Supp!. 5, 'Ludi publici'; Wissowa, Religion, 449 ff. ; A. Piganiol, Recherches sur les ]eux Romains, passim; and for the origin and procedure of instauratio, Ritschl, Parerga, 306 ff.; S. Monti, Rend. Accad. Napoli, 1949/50, 153-79. Whenever a religious ceremony was interrupted, was spoiled by a mistake or a slip in procedure, or was found to have been performed under some pollution, it was held to be invalid and had to be repeated from the beginning, either according to precisely the same ritual or with added observances so as to appease the gods and render the ceremony effective (cf. incident at the funeral commemoration of Anchises in Aeneid 5. 94 ff.). forte: the vulgate historical tradition placed the dream before Coriolanus' departure from Rome. L. has altered this arrangement for dramatic reasons and thereby leaves the motivation in the air. He conceals the change by forte as he does in a similar situation where once again he has rearranged the material (37. 20. I per eosdemforte dies; K. Witte, Rh. Mus. 65 (1910), 300). sub furca caesum medio egerat circo: caesum 'having been beaten' is taken by Weissenborn and Nisbet on Cicero, de Domo 67, as the equivalent of a present pass. participle, but the slave will already have been beaten before he was brought into the Circus. What is awkward is

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The Dream qf Latinius Originally the dream was a separate episode. Macrobius' source (Sat. I. II. 3), which has every circumstantial sign of authenticity, dated the event in 279. HI'; also called the main character not T. Latinius but T. Annius, a more likely name since the Annii were a plebeian family prominent from the middle of the fourth while the Latinii only emerge during the second century in the praetorian Pandusae and later the Latiares. When the episode was transferred back into early history, the hero was at first anonymous (Cicero, de Div. I. 55; Min. Felix 7. 3) but soon Latinius was substituted for the old Annius for the aetiological reason that a Latin should be, however indirectly, responsible for the recovery of the Latin city of Corioli. Greek writers have AaTtVos. (For a different view see A. Klotz, Phil. Woch·49 (19 29), 1331.)

2.36.

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the bare caesum, for elsewhere the instrument of flogging (virgis) is added (e.g. 55. 5, 5· 8, 59· I I, 3. 37. 8; Epit. 55; Plautus, Menaechmi 943)' I think virgis should be inserted here before caesum. 36. 2. iret, ea consulibus nuntiaret: in direct speech i, haec consulibus nuntia. ea is arresting but solemn and should on no account be deleted (M. Muller) or altered to et or ac (Weissenborn, Madvig, Novak; 36.4 ni eat propere ac nuntiet consulibus is quite different). The imperative i(te) et is found only once in L. and that for a special effect (38. 51. ro) and elsewhere is studiously avoided until the Vulgate by all authors except Petronius (115) and Valerius Flaccus (E. B. Lease, A.J.P. 19 ( 18 98 ),59)' 36. 3. verecundia tamen maiestatis magistratuum timorem vicit: verecundia is 'shyness' (Conway) and certainly governs the ne-clause (cf. D.H. 7. 68 St' ataxvv7J<; €XELV Td 7TpiiYJ1oa Aa{3"rv, dv~p aDTovpyd<; Kat ylpwv dv,,{paTa 7Tpd<; T~V f3oVA~V EK<jJlpELV •.. J1o~ Kat ylAwTa O<jJArJ). Objection has been taken to timorem (sc. lovis : he was haud sane liber religione) since from its position it seems to go with the following ne. Editors have printed timorque (H. J. Muller), timorve (Bayet), et timor (Madvig) or deleted it altogether. But the verbal interweaving secures a forceful effect which any emendation is bound to destroy just as it also destroys the fine idiom verecundia timorem vincit (27. 12. 15,28. 15.9 (Gronovius) ; cf. 37· 43· 4,3 8 .5 0 .3). 36. 4. ne causa dubia esset ... tunc enimvero deorum ira admonuit: there is no manuscript authority for the text printed by Bayet (causa ei dubia ... deorum eum ira; after Conway). To limit the application of JuPpiter's lesson to Latinius alone destroys its universal effect. The Romans as well as Latinius have much to learn about Juppiter's displeasure (ira). See C.Q. 9 (1959),274· in somnis: Stacey (see Lofstedt, Syntactica, I. 55 ff. ; Gries, Constancy, 59-60) was the first to regard the phrase as evidence for the poetic character of the language of the first decade which L. subsequently modified (8. 6-1 I) or abandoned. The phrase does occur in poetry (Ennius, Annales 219V.; Accius ap. Cicero, de Diu. I. 44; Virgil, Aeneid 2. 270 (cf. Servius, ad loc.: aut per somnos: aut si insomniis legeris erit synizesis), 3. 151) but it is equally common in prose, e.g. Cicero, de Div. r. 49, 54, 121,2. 144; de Nat. Deorum I. 82. 36. 6. consilio: it is hard to find actual examples of the family council; those usually quoted (Val. Max. 5. 8. 2, 5. 8. 3, 5· 9. I) are not very good. The last passage gives an account of a serious historical case where in addition to relatives nearly all the Senate are summoned to join the consilium. It is doubtful whether there were any occasions on which custom would require a consilium restricted to the family; the paterfamilias could always act on his own authority (J. A. Crook, Consilium Principis, 5).

The Speech rif Attius Tullius to the Consuls and the Expulsion rif the Volscians from Rome. The Coriolanus story began in an atmosphere of late Republican politics. As it develops the atmosphere gradually changes to a spirit of high tragedy and the conspiratorial speech of Tullius marks one stage in the transition. The S. C. ut urbe excederent Volsci is reminiscent with its consequences of the alien act of M. Junius Pennus (126 B.C.) and may owe something to it but the language used by Tullius himself so far from being coloured with political jargon is sharply etched with archaic and poetic touches deliberately introduced by L. to lead up to the final scene between Coriolanus and his mother.

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37. 3. arbitris remotis: Late Republican colouring. cf. 2. 4· 5. quod sequius sit: 'I am reluctant to say anything discreditable about my countrymen'. In this sense secus is more common than the comparative sequius (e.g. Cicero, ad Att. I. 19. I I ; ad Fam. 3. 6. 6; pro Cluentio 124; Tacitus, Annales 2. 50). The only close parallel for the comparative is Seneca, de Benif. 6. 42. 2 'at vereor ne homines de me sequius loquantur' (Drak.) where it conveys, as here, an air of selfimportance. While it is not a colloquialism, it is confined to the spoken rather than the written word. 37. 4. nimio plus: I. 2. 3, 28. 25· 14, 29· 33· 4, 39. 4 0 . 9, an oldfashioned variant on multo plus, found often in Plautus (e.g. Bacch. 149) and, as we might expect, in Lucretius (5. 564, 988). Two other occurrences are worth noting. Horace uses it when describing the reaction ofa resuscitated Democritus to modern theatre taste (Epist. 2. I. 197-8) and Antony affects it in a letter quoted by Cicero (ad Att. ro. 8 a. I). 37. 6. memini ... horret animus: cf. 28. 29. 4 (Scipio); Tacitus, Hist. 4. 58 (Dillius), a conventionally dramatic formula (cf. Virgil, Aeneid 2. 12; see Syme, Tacitus, 685 and n. I). Sabinorum iuventute: 18. 2. 37.8. urbe excederent: urbem N but see 3.57. 10 n. The Speech rif Attius Tullius to the Volscians In this speech Tullius reverts to the political vein-in contionis modum. 38.1. caput Ferentinum: r. 50. I n., the centre of the Latin League; but no meeting ofthe League is intended nor has L. or his source confounded the Volscians with the Latins. !t was as convenient a rendezvous for the one as for the other. veniret: eveniret N, preferred by Rossbach (ef. Plautus, Rudens 63 I) but in Plautus there is a clear sense of reaching a destination eventually after alarms and excursions which is quite inappropriate here. Cf. also Horace, Odes 4. 4. 65 and Fraenkel's note in his edition of Aeschylus, Agamemnon, p. 90, n. I.

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38. 2. A troublesome passage. The position of inquit demands that the direct speech begins 'ut omnia' inquit ... and not earlier so as to include veteres ... Volscorum in the actual spoken remarks. This leaves veteres ... Volscorum without any verb to govern it, since exorsus must gowithorationem (2I. 39. ro, 32. 37. 5, 36.6.4). To transpose the words en bloc and insert them after alia (Walters) produces an intolerable apposition and destroys the trenchant juxtaposition omnia .•. alia, hodiemam hanc. There are two courses open, either to delete them as a gloss on alia (and it must be conceded that it would have been bad tactics for Tullius to have prefaced his remarks by gloomy reminiscences of the clades Volscorum) or supply a verb. <exsecutus) veteres . .. (F. Walter in Phil. Woch. 57 (1937), 335; cf. 29. 17. 17) is paelaeographically and linguistically admirable: it might be improved to exsecutusque. contumeliam quo tandem animo fertis? an echo of Cicero, in Cati!. I. 16. The arguments used by Tullius may be imagined as the arguments by which Catiline incited his supporters to open aggression (cf. his speech in Sallust, Cat. especially 20. 9). 38. 4. quid eos qui audivere ... quid <eos) qui . .. videre ... quid eos qui .. .Juere obvii: in such a highly rhetorical passage, the colon trimembrum should be preserved and I would insert an extra eos to secure it rather than (with Karsten) omit the first one. nos ab sede piorum, coetu concilioque abigi: 'that we are driven from the place of the holy, from their throng and assembly', difficult on the score both of grammar and of sense. The sedes piorum should be the E!JU€{3€WV xwpo<:;, the abode ofthe holy in the underworld, as in Horace, Odes 2. 13. 23 sedesque discretas piorum (see Heinze, ad loc.) or Culex 295. Tullius might mean that the Volscians are being deprived of their chance of appeasing the gods and of securing favourable treatment after death, but the natural interpretation in the context is that the pii are (ironically) the crowd gathered at the games; in which case Karsten was probably right to delete sede, thereby also easing the grammatical awkwardness involved in taking coetu concilioque as epexegetic of sede. 38. 5. si hoc prqfectio ac non Juga est: a turn of phrase familiar from Caesar (B.G. 2. I I. I, 6. 7. 8, 7· 43· 5). hanc urbem vos non hostium ducitis: an old commonplace for which cf. Cato, Or. fro 195 Male. ; Cicero, in Cati!. 2. 17-26. morati ... moriendum: the jingle is deliberately rhetorical. The indicative with gerund (or gerundive) indicating obligation or necessity, where a subjunctive might be expected, is characteristic of Cicero's forensic style. Cf., e.g., de Domo 57. si viri estis: I. 4I. 3 n.

Coriolanus' March on Rome 39. 2. Circeios: I. 56. 3 n. 39. 3. inde: in D.H. (and abbreviated in Plutarch, Coriolanus 28) the campaign is in two distinct phases (8. 14-36): (i) Coriolanus begins from Circeii and advances via Tolerium, BWAuvwv iT€PUV 1ToAtv--this must be Bola: Sylburg emended BWAds AUTlvwv h€puv 1ToAtv--Labici, Pedum, Corbio, ~ K01TtOAUVWV (AB KOptuAuVWV R) 1TOAt<:;-not CorioIi which D.H. spells XWpt€AUVWV: Niebuhr proposed Kupv€vTaVWV but KU1TtTOAUVWV (Capitulum, mod. Piglio, near Praeneste: cf. Strabo 5. 23 8 ; Pliny, NoH. 3. 63; G.lL 14. 2960) is better-Bovillae ({3wM.<:; A (3oM.<:; B) to theJossae Cluiliae. After negotiations he withdraws from Rome and embarks on a second campaign along a branch of the Via Ardeatina, attacking Longula (Aoyyaot codd.), Satricum, Ecetra, Setia (nuv codd.), Pollusca, iU{3l1]Ta<:;, Mugilla, and annexing Corioli. Thereupon he advances to Rome once again with a bigger army than before, to be greeted by the embassy of matrons. The two campaigns are in distinct areas, the first in the Praenestine Gap, north-east of the Via Latina, the second on the coastal plain west of the Alban hills and of the later Via Appia. In L. these two separate areas with their individual campaigns are still marked. Satricum, Longula, Polusca, Corioli, all belong to the second or western area so that the corrupt novellam should also. Bovillas (Gronovius; for the corruption cf. Fraenkel, Horace, ro8 n. I) belongs to the first area and is therefore inappropriate. Mugillam (Jac. Gronovius) agrees with D.H. and is exactly what is needed. (As an adjective novella is out of the question: the diminutive is never used in L.) It is clear that for dramatic reasons L. has telescoped the two campaigns into one. He is concerned with the scene between Coriolanus and his mother and to duplicate the warlike preliminaries would be an artistic mistake. The two campaigns become one. But Coriolanus started from Circeii and so, to make geographical sense, L. has had to reverse their order. Coriolanus rolls up the map of Latium from the south and captures the cities as he comes to them. It would have been strategically grotesque for him to leap from Circeii to Corbio and then turn back to mop up Satricum and Corioli if they were all part of the same campaign. Having dealt with the second area first, L. proceeds to describe the successes among the Latin towns round Rome (Corbio, Vetelia, (?)Trebium, Labici, Pedum), culminating with a single descent on the capital. in Latinam viam transgressus is on the face of it absurd. Coriolanus does not cross to the Latin Way after Circeii according to L.; he works his way up the coastal plain to Lavinium before crossing. The answer is that the account which L. had before him gave the traditional double campaign which started

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with the Latin cities (as in D.H. and Plutarch). L. follows this account initially. Coriolanus is made to start from Circeii and would have gone in Latinam viam if L. had not decided to conflate the two campaigns and been led by geographical considerations to narrate the second campaign before the first. Too late, for L. had already written the tell-tale in Latinam viam transgressus. All emendations by transposition do violence to this lay-out and to L. 's use of inde. The right appreciation lurks in Conway's appendix I to his edition (Pitt Press, 1902); A. Reichenberger, Studien, 28; Meyer's note ad loco See Ashby, Roman Campagna, 208. Satricum: identified with the mod. Borgo Montello on the R. Astura by the discovery there of a temple with an inscribed cippus (Not. Scavi, 1896,23 ff.). Not a member of the Alban League but included both in the synthetic list which precedes that league (Pliny, N.H. 3.68-69; see above) and in D.H.'s Latin League ofc. 400 B.C. (5.61). Sacked and destroyed by the Romans in the fourth century (7· 27· 5-9 : 347 B.C.) it disappears from memory (Philipp, R.E., 'Satricum'). Some recent epigraphic fragments are published by N. Bonacasa, Stud. Etrusc. 26 (1958),37-45, Longulam, Poluscam, Coriolos : 33. 4-5 nn. Mugillam: the modern site is as shadowy as its ancient history. It is placed by Abeken (Mittelitalien, 69) south-west of Bovillae and is known only as the source of a branch of the gens Papiria, which implies that it was not very far from Tusculum. haec Romanis oppida ademit: a resumptive use of hie, gathering up a long list, for which Meyer compares I. 38. 4 Corniculum, Ficulea vetus, Cameria, Crustumerium, Ameriola, Medullia, Nomentum haec de priscis Latinis ... capta 0ppida and Macrobius, Sat. 3. 9. 13. Lavinium: 1. 1. IO n. 39. 4. Corbionem: probably the modern Rocca Priora, on the east end of the Alban hills (T. Ashby, P.B.S.R. 5 (I9IO), 408). Not a member of the Alban League and therefore not one of the earliest communities, but its strategic situation near the pass of Algidus (3. 30. 3) brought it to prominence in the Latin Wars, throughout which it is frequently mentioned. It was partially destroyed by the consul Horatius in 457 (3. 30. 8 Corbionem diruit) but only partially, for it emerges again in 446 (3.66, 69) and figures in the Latin League of c. 400 B.C. (D.H. 5. 61). This was its last effort: it leaves no other trace (Htilsen, R.E., 'Corbio'). Veteliam: 5. 29· 3, an old community (Pliny, N.H. 3. 69). Its name, like Bovillae, may be connected with bull-worship (Conway, Italic Dialects, 48; Altheim, History rif Roman Religion, 66). Being in agro Aequo it should lie near the modern Labico (Lugnano), although its disappearance after the fifth century indicates that it cannot have been

on a strong site and the order of cities given by L. would be wrong if Tolerium is Valmontone. See Ashby, P.B.S.R. I (1902), 273 n. 2. Trebium: N-otherwise unknown. D.H. names the first victims of Coriolanus after Circeii ol TOAEptVOL (8. 17.4), who are members both of the Alban League (Tolerienses; cf. Steph. Byz. ToMpwv) and of the Latin League (5. 61 ToAT]p{vwv). Write Tolerium in L.-a common metathesis. It is placed by Nibby and Nissen at Valmontone (Ashby, P.B.S.R. 1(1902),273; Rosenberg, Hermes 55 (19 19), 137; Philipp, R.E., 'Tolerium'). Labicos: said by Strabo (5. 237) to lie on a hill to the right of the Via Labicana, 120 stades from the Esquiline gate. An imperial inscription (C.I.L. 14.2770: C. 200 A.D.), mentioning a resp. Lavicanorum Q,uintanensium, shows that by that date the Labicani and the Quintanenses had amalgamated: if so, ad Q,uintanas, a station on the Via Labicana 15 miles from Rome (Tab. Peut.), must be the clue to the ancient Labici. The only commanding hill which answers to the description is Mte. Compatri and this site would also suit the union of Labici with Bovillae and Gabii in a second league (Cicero, pro Plancio 23). Not a member of the Alban League, it emerged as a community in the fifth century (4. 45. 6 alliance with Aequi (418 B.C.) ; 47. 7 colonized; D.H. 5· 61 a member of the Latin League) but soon passed into an oblivion redeemed only by Caesar's construction ofa villa the site (Suetonius, Julius 83; see Ashby, P.B.S.R. I (1902), 256 ff. ; Philipp, R.E., 'Labici'; Barbieri, Di;:;. Epigr. 1946, s.v. Labici). Pedum: the regio Pedana was said by }; Horace, Epist. I. 4. 2 to lie between Tibur and Praeneste and the town is identified as the mod. Gallicano 18 miles from Rome on the Via Praenestina. Like Tolerium, a member of the Alban League (Pliny, N.H. 3. 69 Pedani) and of the Latin League (D.H. 5. 61 Ih8avwv), its commanding position was exploited by the Gauls as a camp in 358 (7. 12.8) and by the Latins as a last stronghold in 339 (8. 12-14), after which it disappears sine vestigiis. 39. 5. fissas Cluilias: 1. 23· 3 n. 39. 7. externus timor, maximum concordiae vinculum: a commonplace going back at least to Thucydides 6. 33. 5 but more than a commonplace. It had for L. contemporary significance in that the motive for Augustus' projected Parthian campaign was at least in part to distract attention from internal politics (cf. also Tacitus, Hist. 5. 12) ; and L.'s statement was destined to have a profound influence on political thought. Machiavelli, combining with it the complementary doctrine otio luxuriat populus (1. 19.4 n.) rephrased it in starker terms (Discourses, ii, ch. 35; N. H. Thomson's translation) : 'the causes of division in a commonwealth are, for the most part, ease and tranquillity, while the causes of union are war and fear'.

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488 B.C.

40. 1. matronae: according to D.H. 8. 39 the idea came from Valeria the sister of Publicola. In L. too the inspiration comes from a sourc~ other than Veturia herself so that he presumably had the same version before him but suppressed the individual name in order not to diffuse the attention. parum invenio: awkward. The nearest parallel is 30. 45. 6 parum eonpertum habeo. Emendation (parum eonvenit H. J. Muller) does not improve it. The alternative motives are reflections by L. himself, not differing traditions (cf. D.H. ws €yyvs OVTOS 7/87J Toil 8nvoil). 40. 2. armis viri: a deliberate juxtaposition. Derived ultimately from Ennius (Norden, Aeneid 6, 368 n. 2 citing I. 119, 9. 57, 620, I I. 696, 747; Horace, Sat. 2. 7. 100) and dramatically ushering in the Aeneid, it conveys the heroic character of the task which Veturia is being urged to undertake. Cf. E. L. Bassett, C.P. 54 (1959),13 and n. 40. 3. agmen, is primo . .. dein: Bauer's correction of the manuscripts' in primo, since inprimo is not found in L. primo is required to balance dein, is to balance Jamiliarium quidam. 40. 3-5. A double 7r€pmlTna. Coriolanus, when he recognizes his moth~r (the tragic avayvwpwLS) turns from disregard to affection, Vetuna from tears to anger. The scene is devised with brilliant economy and the effect sustained by the language of Veturia's speech which is throughout reminiscent of the tensest moments of Greek tragedy. At the back of it lies the famous episode in the Phoenissae of Euripides where Jocasta tries to reconcile her sons and the sentiments in 8 (nisi peperissem . . .) recall the self-pitying Hecuba of the Hecuba or the Troades. The impiety of ravaging one's motherland is denounced by Amphiaraus in Aeschylus, Septem 580-3. (Line 16 of the same play Tfj T€ f.L7JTp{, qnATu:r71 TpO,prjJ may be compared with hane terram quae te genuit atque aluit.) Euripides, Hecuba 550-3, although different in meaning, has the ring of libera in libera patria mortua essem, while Polyxena's speech (342-78) amplifies the sentiment nee ut sum miserrima diu Jutura sum. Perhaps the closest extant parallel (Aly, Livius und Ennius, 37) is the declamation in [Seneca], Phoenissae 446 ff. The tragic character of the speech accounts for a few linguistic oddities. See also Brodribb, C.R. 24 (1910), 14- 15. 40. 5. sine . .. seiam: sino with the subj. (not to be confused with sino ut and the subj.) is found in L. only in direct speech and only in the form sine (8. 38. 13, 22. 39. 20). In all three passages it is solemnly evocative of an obsolete idiom, familiar to Plautus and Terence, which died soon after and was resurrected by the Augustans (K. Gries, Constancy, 59). in hoc me ... traxit, ut: a final, not consecutive, clause emphasizing

the deliberate nature of the tricks which fortune plays; cf. Horace, Sat. 2. 8. 25; Val. Max. 6. 9. I ; Tacitus, Hist. I. 48: R. G. Nisbet, A.J.P. 44 (1923), 27 ff. The complaint 'was it for this that I was allowed to live to this great age?' is a tragic commonplace (H. Lloyd-Jones, C.R. 72 (1958),21 on Pap. Ox. 2377, to whom the greater part of these references is due). seneeta: the poetic alternative to seneetus, used six times by L., always for effect as here. 40. 7. quamvis irifesto animo et minaci perveneras: quamvis is not used as a concessive particle with the indicative in L.-except here, where it goes closely in sense with irifesto et minaci, 'no matter how hostile your mood en route'. Editors, missing the point of its unique force, delete perveneras (Novak, Meyer). See Riemann, Etudes, 224 n. 5; E. Mikkola, Die Konzessivitat, 20-2 I . ira cecidit: not a prose expression. As one might expect in such a display of emotion L. uses appropriate language. Elsewhere in Ovid, Amores 2. 13. 4; Seneca, Medea 989; Lucan 4. 284; Persius 5· 91. 40. 8. ergo ego: introduces a histrionic eri-de-e(£ur, as in Suetonius, Nero 47 ergo ego . •. nee amicum habeo nee inimieum? Seneca, Contr. I. 5· 3 (Weissenborn) ; Prop. 3.2 I. 17; Ovid, Am. I. 12.27; Shackleton Bailey on Prop. 2. 8. 13. sed ego nihil iam pati nee tibi turpius quam mihi miserius possum nee . .. diu Jutura sum: rightly understood by Pettersson, Commentationes Livianae, 26 ff.: 'but I can have nothing now to suffer either which could be as wretched for me as it would be shameful for you-nor, wretched as I am, shall I be so for long'. nee . . . nee do not correspond strictly. Instead offollowing up the alliteration and dramatic double comparative with which she began, Veturia breaks off and states her approaching end simply and directly. Had she continued in the same vein, a corresponding clause would have been something like nee mihi ipsi tam diuturnum quam miserum (Meyer). See also P. R. Murphy, A.J.P. 79 (195 8), 50-51; cf. 24· 5 n. 40. 9. -matura mors aut longa servitus manet: she ends with a perfect iambic line. virum: note its position. He was a man but a woman won. 40. 10. complexus . .. movit: after the passionate appeal of Veturia couched in high-flown language L. rounds off the whole episode in two short sentences of the utmost simplicity. .' 40. 11. apud Fabium: I. 44. 2 n. Although Fabius Pictor wrote before t~e contamination of Coriolanus and Themistocles, he had already gIVen the story a Greek veneer. The saying multo miserius seni exsilium esse is an old Greek reflection, repeated often in tragedy (e.g. Sophocles, O.C.) and in [Demosthenes], Epist. 2. 13, 3· 4.

2.39.

10

39. 10. oratores:

I.

38.

2

n.

334

335

2. 40. 5

488 B.C.

488 B.C.

non inviderunt: an Augustan usage for which see Williams on Virgil, Aeneid 5. 541. 40. 12. monumento quoque quod esset: the memorial is in addition to the praise as in D.H. 8. 55 TaLS 8e yvvatgLv ;hratvdv T' d7To8e8da8at ... Kat ylpas. There is no need to follow Gronovius (monumentoque; cf. 1.48.7). The temple of Fortuna Muliebris was 4 miles outside Rome on the Via Latina (Festus 282 L.; De Viris Illustr. 19; Val. Max. 1.8. 4) and was identified by Ashby with the remains of a small Ionic temple found in the locality (P.B.S.R. 4 (1907), 79: see Lanciani, Not. Scavi, 1890, 116 ff.). The date of its foundation would be preserved in the Fasti but its connexion with the legend of Coriolanus may be later, inspired by the fact that it lay on his route. The name of the cult taken with the apocryphal rite me matronae dedistis which the statue uttered show that it was originally a dedication to Fortune made by and not in honour of univiriae, widows and others being excluded because their status showed them to be unlucky (D.H. 8. 56. 4; Tertullian, de Monog. 17). Since in early times such a dedication would have been contentious in that married women could own no property and perform no legal action, it was easy for the original character of the cult to become distorted. A further uncertainty surrounds the actual day of dedication. I December and 6 July are both recorded and it is too schematic to see in these dates the original vowing and the actual consecration of the temple respectively. I December may be a subsequent invention, when the temple was associated with Veturia and the detailed chronology of Coriolanus' movements worked out. The ludi Romani were in September: Coriolanus took probably a month over his first campaign and definitely thirty days over his second (8. 36. I). This places his advance on Rome at the end of November ; so that by no stretch of the imagination could 6 July be relevant. See Wissowa, Religion, 258; Latte, Religionsgeschichte, 181.

their alliance with the Volscians: in 39. I Attius is leader of the Volscians. The awkwardness may be due at least as much to the transition from one source to another as to abbreviation and suppression byL. himself. 40. 13. fortuna : I. 46. 5 n. 40. 14. T. Sicinius: 32. 2 n. All other authorities, with the possible exception of Festus 180 L., call him Siccius; see Broughton, M.R.R. I. 20 n. I. A partiality for Sicinii is characteristic of Licinius Macer. See Klotz, Klio 33 (1940), 176. C. Aquillius: 3-5 n. Hernici-nam ii quoque in armis erant: L.'s somewhat apologetic explanation hints at a longer account which has been concealed by the change of source. D.H. (8. 64. I) supplies details and divergences. The difference in L. must be in part due to a difference of source, but a keen desire to keep the following year clear for Cassius' lex agraria and at the same time to minimize Cassius' good qualities may also be responsible for his confining the war to a single year and making it so indecisive. aequo Marte: claimed, e.g. by Stacey, as a poetic phrase in view of its use in Virgil, Aen. 7. 540 aequo dum Marte geruntur; Lucan 3. 585; Sil. Ital. 5. 233, &c. A poeticism in this context would be utterly inappropriate and the words, here as elsewhere (6. IO; 5 I. 2; 9. 44. 8 : cf. I. 33. 4), belong to the semi-official language of the War Office. So Caesar writes (B.G. 7. 19. 3) : paratos prope aequo Marte ad dimicandum. Note also Fl. Vopiscus, Aurelianus (= S.H.A. 26) 21. 2 cum congredi aperto Marte non possent.

2.40. II

40. 12-14. Annalistic Notices A compressed bridge-passage leading to the story of Sp. Cassius. It is written in the stiff jargon of official notices. Various indications show that at this point L. gives up Valerius Antias in favour of Licinius Macer whom he follows as his main source down to 5 I. rediere: a joint invasion by the Volscians and Aequi may have been recorded in the Annales but historically it can hardly have been after and in addition to the exploits of Coriolanus. It can, however, be accepted as an authentic record if we recall that the Coriolanus story did not originally belong to this year but was only located here at a relatively late date. Aequi ... haudultra tulere ducem : a puzzling reaction since L. gives no reason for their discontent and only here for the first time mentions 33 6

2.4°. 12

41. Sp. Cassius

The indisputable facts about the life of Sp. Cassius (the cognomen Vecellinus is a later creation) are few. If, as one must, one accepts the evidence of the Fasti, he was consul three times in 502 (17. I), 493 (33· 3), and 486 . That all subsequent Cassii were plebeians is not so much an obstacle as a corroboration of the truth of the tradition: for he is in good company and the praenomen Spurius is not adopted by the later Cassii. During his second consulship he was responsible for the treaty with the Latins. He was condemned to death in the year after his last consulship, 485. His second consulship coincided with the Secession of the Plebs which was ended by the foundation of the Tribunate. It also coincides with the traditional date for the dedication of the temple of Ceres (41. 10 n.) and the institution of the largely plebeian cult of that goddess. His third consulship coincides with the treaty with the Hernici and a strong tradition records, despite individual variations, that on his condemnation he and his were declared sacri to Ceres. From these facts emerges a clear, if conjectural, picture 814432

337

z

2.41

486 B.C.

of a man who was aware that the great danger to Rome was from the powerful enemies (Volsci, Aequi) around her, that the duty of a statesman to rebuff this danger was to consolidate as strong an alliance of neighbouring communities as possible and to encourage the Roman people, who formed the backbone of Rome's fighting power, by championing their aspirations. Hence the alliances with the Latins and the Hernici. Hence the temple of Ceres and the leges sacratae. His fall, like that of Themistocles, may have been due to the fact that the plebs were not yet confident enough or vocal enough to come to his rescue when the aristocracy counter-attacked. What is certain is that his ascendancy coincided with a major disaster to Roman arms in which many of the leading citizens fell at the hands of the Volscians and that after his death the plebeians were discredited, even disbarred, power passing to a narrow patrician oligarchy, led by the Fabii. For a while the democratic process was baulked. It bided its time with mounting momentum till the Decemvirate. For L., faced with the difficulties ahead of constructing a coherent narrative out of a scrappy series of isolated incidents, Sp. Cassius provided an admirable focus. On the one hand he could be made the archetype of subversive proposers of agrarian laws (dulcedo agrariae legis ipsa per se ... subibat animos) which would hold together the events of subsequent years. On the other, following after Coriolanus, he demonstrated how the Roman people, however great their strife, would unite in the face of a threat to their liberty, whether from within or without. L. was content to accept the form of the story that was current in his sources without inquiring into its reliability. The development of that form can be traced to a certain extent. The oldest version, though even that is unhistorical (41. II n.), is given by Cicero (de Rep. 2. 60) and will derive ultimately from Fabius Pictor: de occupando regno molientem ... quaestor (? K. Fabius) accusavit: ... cumpater in ea culpa esse comperisse se dixisset, cedente populo morte mactavit. Antiquarian research in the second century complicated it. A record, perhaps in the censorial archives, mentioned a statue in some way connected with Cassius. Any actual statue would in any case have disappeared in the Gallic fire (41. IO n.), and only a confused and barely intelligible entry in the archives survived. Piso, the first historian to employ pontifical records to supplement the literary tradition, and therefore the first to mention it, explains it thus: eam quam apud aedem Telluris statuisset sibi Sp. Cassius, qui regnum affectaverat, etiam conflatam a censoribus (ap. Pliny, N.H. 34. 30). He understood the statue to have been erected by Cassius in his own lifetime; the people interpreted it as a sign of his tyrannical leanings, and it was destroyed. It was probably as a correction of Piso's view, which can hardly be right, that the statue was explained as an offering to Ceres 33 8

486 B.C.

2.4 1

from the proceeds of Cassius' consecrated goods. This new explanation was peculiarly apt, since, apart from being the proper recipient of consecratio bonorum (3. 55. 7 n.), the offended goddess was the champion of the plebs (3. 55. 13 n.), and also the guardian of the cornsupplies. A further irony would result if Sp. Cassius himself had dedicated the temple of Ceres. Research, however, also revealed a legal contradiction~a prosecution by a quaestor being terminated by the father acting on his own authority. The two elements in the old tradition are separated. One school of thought preserved the quaestorial prosecution but added a second quaestor since early cases of perduellio were examined by two persons (iiviri). The extra q uaestor is called L. Valerius. Did Valerius Antias combine imagination and family gossip? A second school of thought preferred the more dramatic idea of a iudicium domesticum in which the initiative lay throughout with Cassius' father. (Antiquarian research may also be responsible for a further oddity. T.he inscription, a later restoration, since it gives cognomina, listir:g mne persons (? tribuni militum) killed in battle against the Volsci and cremated at public expense (Festus 180 L.), includes P. Mu]cius Scaevola. Val. Max. (6. 3. 2) relates that a P. Mucius, as tribune. b~rned his nine colleagues for conspiring with Sp. Cassius (cf. also DIO fro 22). It looks as if some historian, forgetful that there were at the most only five tribunes at the time, has employed the inscription to produce a melodramatic reconstruction of the end of Sp. Casiiius in keeping with the passionate behaviour of tribunes in his own day. It is no more than a slip of the pen that at 5.8.2 Val. Max. makes Sp. Cassius himself a tribune.) But how had Sp. Cassius set about winning popular support for his intended coup? To supply the answer the annalists borrowed freely from the history of their own times. The agrarian law, the proposals to give land to the socii et nomen Latinum, the competition between Verginius and Cassius for popular support are all inspired by the doings of C. Gracchus, C. Fannius, and M. Drusus, and have no foundation in fact or legend. The proposal to repay the price of corn is modelled on C. Gracchus' Lex Frumentaria. See Mommsen, Rom. Forschungen, 2. 153-79; Munzer, R.E., 'Cassius (9 1)'; Munzer, De Gente Valeria, 66; Soltau, Phil. Woch. 1908, 586 ff.; E. Pais, Storia di Roma, 3. 143-56; H. Last, C.A.H. 7.47 1-3,49 2-3; A. Oltramare, Bull. Soc. d'Hist. et d'Arch. de Geneve, 5 (1932), I ff.; Burck 76-79; A. N . Sherwin-White, Roman Citizenship, 24- 25; Klotz 243; P. Fraccaro, La Storia Romana Arcaica, (1952),25; H.le Bonniec, Le Culte de Ceres, 213--35. 41. 1. cum Hernicis foedus ictum: the tradition is sound. The geographical situation of the Hernici in the Trerus valley made them a 339

2.4 1 •

1

486 B.C.

valuable corridor separating and isolating the two major powers, the Aequi and Volsci. The Hernici could, therefore, be potentially allies of great importance to Rome. The terms of the treaty are said (D.H. 8.69' 2) to have been the same as those ofthefoedus Cassianum (33· 4 n.), i.e. it was afoedus aequum of primarily defensive character. It is uncertain whether it was concluded with Rome alone or with the Latin people as a whole. The war had been a federal war involving Latin contingents (D.H. 8. 65. I) and the proposed allotment ofland equally to Romans and Latins might indicate 'the working of the clause of the Cassian treaty which provided for the division of booty' (SherwinWhite). Elsewhere, however (e.g. 6. IO. 6, 9.42. II), the Hernici appear to be independent of the Latins in their relation to Rome and grave doubt has been cast on the annexation of Hernican land since at a time of crisis Rome would hardly have risked alienating the sympathies of such strategic allies. Moreover, it dovetails suspiciously with Cassius' unhistorical rogatio agraria. If the treaty was concluded between Rome alone and the Hernici, it marks the enhanced position of Rome in Latium and the personal ascendancy of Sp. Cassius. partes duae: 'two-thirds'. The error may have been caused by a misunderstood memory that the Hernici, in alliance with Rome and the Latins, received an equal share ofthe spoil, viz. one-third: cf. D.H. 6. 95 Aa
486 B.C.

2.41.4

alternatives esse (which was the reading of Vorm.) and isse which are combined in the conflation egisse found in M. If so, the true reading was already in doubt in the fourth century since neither alternative is right. (I) To consider esse first: volgatum ... esse must be taken together as a dependent clause after fastidire. 'The plebs had begun to resent that the gift was being disseminated from citizens to allies.' So Rhenanus, Freudenberg, and others. The Thes. Ling. Lat. gives no adequate parallel for such a dependent clause: the nearest is 6. 4r. 2 se inspici, aestimari fastidiat which is reflexive. In any case the past tense is wrong. It was only in process of being disseminated. (2) Most editors read isse (Aldus, Gruter, Heinsius, Bekker, Kreyssig, and recently Bayet). 'The plebs had begun to resent that the gift had been cheapened and had gone from the citizens to the allies.' Here again, fastidire with ace. and inf. is uneasy and the naked isse cheap. Madvig circumvented the first objection by putting a semicolon after volgatum and taking a civibus isse in socios as a self-contained parenthesis stating the reason for the resentment of the plebs. H. J. Muller improved it by reading abisse, but the exisse of Luterbacher, Weissenborn, and Meyer gives better sense with its connotation of dispersal and is palaeographicallyattractive (cf. the similar mistake in the manuscripts of Columella I r. 2. IOI). Against this it must be said that a relative clause quae primo coeperat ... deinde ... audiebat could not be broken by such an abrupt insertion. Above all, the tense is wrong. Cassius' proposal is still only a rogatio. It is not yet on the statute book: the deed is not yet done. A present, not a perfect, infinitive is required. A passage of Seneca (de Benif. 2. 18. 6 munus suumfastidire te iniuriam iudicaturus est) suggests that munus volgatum is the direct object offastidire here too. volgatum a civibus ... in socios, despite the fact that elsewhere volgari in is apparently confined to diseases (4. 30. 8, 5· 48. 3; Curtius 9. 10. I; cf. 4. 1.3), must be right in view ofthe resumption in 41.8 and the inability to express the precise notion of the possession of the gift passing from one body to another in any other way. The corruption is therefore localized to egisse. None of the possible present infinitives convinces (e.g. abigi or exigi). egisse should be seen as a corruption of ipsis, where ipsis is used to underline the notion that it was citizens who were being cheated in this way (Shackleton Bailey, Propertiana, 257). The line of argument was devised by C. Fannius in 126 B.C. quid ita enim: 'for what (else) does this partnership with the Latins mean?' The force of quid ita is to pick out a particular happening and hint a misgiving about it. So also 3.40. 10, 6. 15. I I : cf. the absolute use of quid ita? in Cicero, pro Mil. 17, et al. It corresponds to the phrase quid attinet (6.23.7,37. 15.2) 'what is the point oP', so that quid ita adsumi must be parallel to quid attinuisse ... reddi. Most editors, however, have adopted the manuscripts attinuisset and taken adsumi 34 1

486 B.C.

486 B.C.

no less than reddi to be dependent upon it, the two being connected by the repetition of quid. socios et nomen Latinum: an anachronism, since, disregarding the Latins and the Hernici, the Romans have as yet no other allies. But note Cicero, Brutus 99 (Domitius) unam orationem de sociis et nomine Latino contra Gracchum reliquit and Appian, B.C. I. 23. A Gracchan touch. 41. 7. intercessor: a loose use of the word since one consul could not veto the actions of his colleague (see McFayden, Studies . .. F. W. Shipley, 1-17). plebi indulgere: the bidding for popular support is drawn from the competition between C. Gracchus and M. Livius of whom Plutarch (C. Gracchus 9) says that he aimed imEp{3aAEa()al TOll FalOll Xapm TWlI

well with the mood of a Rome which witnessed in the same epoch the establishme?t of temples of Mercury (21. 7 n.) and Castor (42. 5 n.). The expanSIOn of Rome brought her into increasing contact with the relig~ous concepts. of the C:reeks. Moreover, the cult of Ceres was predo~mantly plebeIan, servmg the needs of a section of the community whIch was now for th.e first time beginning to aSSert itself. There may well have been a famIly legend that Cassius and his belongings were consecra~ed to Ceres, since interest in Sp. Cassius was lively among the gens Cassza; two separate moneyers, L. Cassius Caeicianus c. 93 B.C. and L. Cassius Q. f. in 78 B.C., strike denarii with historical representation~ of their ancestor (S. Cesano, Stud. Num. I (1942), 145-7). But the Irony of the servant of Ceres being offered to Ceres is too rich. One suspects that because consecratio bonorum was generally made to Ceres as the goddess who nourishes human life (3. 55. 7 n.; Cicero, de Domo 125, with Nisbet's note cf. Greenidge, Roman Public Life, 55; Ie Bonniec, Le Culte de Ceres, 83-87, 233-5) and because, further, the penalty for the most serious capital offences as early as under the Twelve Tables was suspensum Cereri necari (Pliny, N.H. 18. 12), it required little ingenuity on the part of family historians to frame the legend of Sp. Cassius' end. There is no historical truth in it. On the temple of Ceres see also H. Siber, R.E., 'Plebs', col. 116; Beloch, R0r;t. Gesch. 329; G. de Sanctis, Riv. Fit. 10 (1932),443; W. Hoffmann, Phzlologus, Suppl. 27 (1934), 100; Platner-Ashby s.v. Ceres and, on its connexion with the plebs, the remarks of E. S. Staveley, ].R.S. 45 (1955), 183-4. C~reri consecra?isse: 8. 2. The procedure of consecratio bonorum is fully outlIned by CIcero, de Domo 123-5. Consecration was performed capite .velato, contione advocata, foculo posito ... adhibito tibicine. In early days It was the corollary of consecratio capitis: the offender and his belongings were declared sacer-presumably, since the presence of pontijices was not needed, by the supreme magistrate. In later times consecratio bonorum was distinct from consecratio capitis and restricted to offences against plebeian magistrates, in particular against the tribunes (3. 55· 7)· If a tribune was attacked he retaliated by consecrating the goods of his assailant, which amounted to selling them publicly and giving the proceeds to the temple of Ceres. By Cicero's date the practice was obsolete. But in either case the validity of consecratio seems to depend upon the position of the person who performs the ceremony (consul or tribune) and the fact that Cassius' father acts as a private individual confirms the suspicion that the story is an invention. See further Wissowa, R.E., 'Consecratio'; StrachanDavidson, Problems, I. 187; Nisbet's edition of Cicero de Domo Appendix 6. ' , Ex Cassia familia datum: not 'given by the family of the Cassii'

2.

41. 4

1TO'\'\WlI.

Since Cassius and Verginius really were competing, it is hard to see what is the point of ut in ut certatim. certatim is nowhere else qualified in L. and ut could well be a dittography after cons-ul (J. F. Gronovius). 41. 8. Siculo frumento: 9. 6 n. pecuniam ... retribui: suggested, perhaps, either by Ti. Gracchus' proposals for disposing of the legacy ofAttalus of Pergamum (Weissenborn) or, more probably, by C. Gracchus' alleged corn subsidy (Livy, Epit. 60; Vell. Pat. 2. 6). 41. 9. praesentem: 5. 12.3,30.33. 9. 'Palpable'. propter suspicionem in animis hominum insitam: the manuscripts place the words in animis hominum between eius and respuebantur, where they will not construe. The rearrangement, due to Kock and Alan, is superior to Cornelissen's insitam in animis hominum which produces an intolerable juxtaposition of genitives (hominum regni) requiring the further deletion of regni. Insitam in animis is interchangeable with insitus animis (Dat.); cf. 49. 12; Cicero, de Fin. I. 31; ad Herennium 3. 28. 41. 10. patrem auctorem: I. 26. 9. The propriety of the father's action is emphasized by the use of peculium which technically denotes the money or property that a paterfamilias allowed his slaves and children to hold. domi: 36. 6 n. See R. Dull, Zeit. Sav.-Stift. 63 (1943), 57-58. verberasse ac necasse ... Cereri consecravisse: L. does not mention the dedication of the temple of Ceres, or rather, in full, Ceres, Liber, and Libera (3. 55. 7) traditionally ascribed to Sp. Cassius in his second consulship of 493 (D.H. 6. 94· 3; Tacitus, Annals 2. 49). The omission, however, is not grave. At the time (33. 3 n.) L. was preoccupied with creating a unified account of the Secession of the Plebs and had also changed his sources so that it could easily have slipped his notice. There is no question that the traditional date is right. Foundation-dates are among the most secure landmarks in ancient history, and the cult ofCeres, with its Hellenic associations, harmonizes 34 2

343

2·41.10

486 B.C.

486 B.C.

(Steele), 'the gift of the Cassian family' (Foster), 'don de la famille Cassia' (Baillet) but 'given from the proceeds of Cassius' belongings'. Thatfamilia is used in its ancient, legal sense of property (ef. Twelve Tables 5. 4; Lex ap. ad Herenn. I. 23: note the phrases familia pecuniaque and paterfamilias) is clear from the corresponding passage in 3. 55· 7 familia . .. venum iret. The putative inscription raises serious difficulties. In the first place it is more than doubtful whether any such statue was extant in the late Republic. The temple of Ceres, being on the Aventine near the west end of the Circus Maximus, was in the zone subject to the devastation of the Gallic sack. No ancient author speaks of its being burnt by the Gauls, but Varro, who died in 27 B.C. before the damage caused by a conflagration in 3 I B.C. had been made good by Augustus (Dio 50. ro. 3; Tacitus, Annals 2. 49: Ie Bonniec 256-66), speaks of a restoration (ap. Pliny, N.H. 35. 154) which must, therefore, be earlier than Augustus' and could be a fourth-century restoration after the fire in 390. Piso, quoted above (= fr. 37 P.), tells a quite different story of a statue associated with Sp. Cassius which was melted down, and thereby tends to confirm the suspicion that the only evidence for a statue and an inscription was second-hand and that the vague memory of it was refurbished by historians. Moreover, if the inscription were genuine, it would disprove the authenticity of one of the oldest pieces of the legend-the participation, in whatever capacity, ofSp. Cassius' father. Sp. Cassius himself had nofamilia but only a peculium. He was .not sui iuris since his father was still alive and at such an early period emancipation is hardly to be thought of. A writer, wishing to compose a plausible narrative of Sp. Cassius' end, would know that the belongings of a man convicted of perduellio were consecrated to Ceres. Legend told of a statue set up by Sp. Cassius which was melted down: the cult-statue of Ceres (Pliny, N.H. 34. 15) had been melted down in the fire of 390. What easier than to assume that the statue associated with Sp. Cassius was really a cult-statue of Ceres cast out of the proceeds, which would consist of heavy bronze in any case, from the consecration of his belongings? 41. 11. quosdam: i.e. Valerius Antias. a quaestoribus: 35. 5. n., 3. 24. 2 n. The evidence that quaestores are old is dependable but their function was to pronounce on the guilt or otherwise of an accusFd. Sp. Cassius was clearly charged with perduellio which was not investigated by quaestores unless we are to believe that they held a preliminary examination at the instance of an aggrieved party before passing the case to the duoviri. This is as improbable as assuming that at this date the duoviri had not yet been invented. Admittedly the case of Horatius is fictitious (I. 26. 5 n.) but it illustrates what the Romans regarded as a very ancient procedure. The fact that the Twelve Tables concerned themselves with perduellio specifically as well as

with parricidium (Marcian, Dig. 48. 4. 3) indicates that before the laws were codified and written down a separate system of dealing with perduellio already existed and hence that the duoviri were not an invention of the Decemvirs. The outstanding feature of their legislation was not innovation but publication of what till then had been ayparpoL V0f.L0L. If quaestores existed before the Twelve Tables, it is at least as likely that duoviri did. Secondly, the reference to the trial before the populus is universally admitted to be anachronistic, which casts doubt on the rest of the details of tradition. Thirdly, the earliest version, in Cicero's de Republica, speaks not of two but only of a single quaestor. A more credible sequence, if there is any truth at all in Sp. Cassius' trial, would be that he was tried by duoviri perduellionis and the evidence of his father played some part in the trial, that when the duoviri came to be forgotten only the memory of a trial and the part played in it by Cassius' father remained, that Fabius Pictor, gathering the material for the first serious, annalistic history of Rome, found a family tradition that a Fabius had been concerned in the trial and designated him a quaestor or quaesitor because of the etymology and obscurity of the office and the uncertainty as to how early Roman trials were conducted, that the implausibility of his account led some to substitute the family trial and others to improve on it by introducing another quaestor and thereby preserving the important Roman practice of collegiality, while at the same time speciously bringing them into relation with quaestoresparricidii. The source used by D.H. imparted a more outrageous anachronism in the person of a tr. pI. C. Rabuleius (8. 72. 1-4). See 3. 35. I I n. In general see Mommsen, Staatsrecht, 2. 537 ff.; Miinzer, R.E., 'Sp. Cassius' ; K. Latte, T.A.P.A. 67 (1936), 24-33; C. H. Brecht, Perduellio, 267-79; H. Siber, Magistraturen, 56 ff. ; Zeit. Sav.-Stift. 62 (1942), 381 and 385; A. Heuss, Zeit. Sav.-Stift. 64 (1944),93 ff.; E. S. Staveley, Historia 3 (1955),426-7 ; Jolowicz 323. L. Valerius: cos. 483 and 470, and praif. urb. 464. His presence may owe something to the Lex Valeria de sacrando cum bonis capite eius qui regni occupandi consilia inisset (8. 2 n.). dirutas publice aedes: the demolition of the houses of persons found guilty of perduellio or the like is well attested. Cicero (de Domo ro I ) classes together the cases of Cassius, Sp. Maelius (4. 12-16), M. Manlius (6. 20. 13,7.28.5; Ovid, Fasti 6. 185), and Vitruvius Vaccus (8. 19.4, 20. 8), and in each case the tradition is ancient and reliable. Notice also the story of the Velia (7. 5-12). The temple of Tellus was not built until 268 (Florus I. 14) but it replaced an earlier shrine that went back to the original demolition (C. Hiilsen, Topograph. I. 323: Weinstock, R.E., 'Terra mater', col. 804; Ie Bonniec 52-55; Platner-Ashby s.v. Tellus). The house was situated on the Esquiline, in Carinis (D.H. 8. 79).

344

345

2 .. 41. 10

2.41. II

485 B.C.

485 B.C.

2. 4-2. I

For this section Roman historians were faced with a disjointed series of notices about battles and a long sequence of Fabii in the consulate. Their problem was to form a connected narrative out of such material and they did it by emphasizing the dominant position of the Fabium nomen and by introducing as a recurring refrain the theme of agrarian laws. The plebs agitate for the law: the patres resist: the Fabii attempt unavailingly to reconcile the two sides and restore Concordia (47. 12) : a sudden invasion saves the day. The pattern is simple and in origin goes back to Licinius Macer at least. L. adapts it to the scheme of the book. In character and length the story of the Fabii (41-50) plays the same part in the second half of the book as the episodes culminating in Lake Regillus (14-2 I) play in the first. The symmetry is underlined by the presence in each ofa strongly marked 'Homeric' battle (45 n.). L. also strengthens the pattern by an experiment of his own. Instead of prefacing the opening of each year by a list of consuls, he weaves their election into the course of the narrative (42. 2 tenuere patres ut ... ; cf. 42.7,43. I I, 48. 1,51. I) and binds the whole section into a unity. L. also abbreviates in order not to disperse the climax toward~ Cremera, as a comparison with the parallel version of D.H. shows (e.g. 8. 87 C. Maenius tr. pl.; 8. 90. 4-5 the interregnum of 482; 9. 2 Furius' operation against Veii; 9. 12 the exploits of T. Siccius; 9. 16 wars with Volsci and Aequi). At bottom the factual content of the two writers corresponds with the historical situation when the mountain peoples as well as the Etruscans were pressing down on Rome. But already in their sources it has been supplemented by invention (the agrarian laws) and political distortion (the ideal of Concordia, the oppression of the plebs), D.H. utilizes at least two authorities (cf. 9. 18. 5 dfl-6'npot A6yOl): L. shows knowledge of only one, and personal details (43. 3 n.), political bias (42. I, 48. 2), and material connexions (42. 5 n., 46. 4 n., 51. I n.) indicate that he is continuing to trust Licinius Macer whose special interest in the gens Fabia is evidenced by fro 19 P. It is to be remembered that the Fabii and Licinii were hand in glove between 384 and 354 B.C. See Soltau 159; Burck 76-77; Klotz 244--6; Hellmann 67-68; see also below on Cremera. 42. 1. dulcedo ... subibat: cf. Tacitus, Agricola 3. I. fraudavere: 4. 5 I. 5 n., the political attitude is characteristic of Licinius Macer. In fact the legal position about praeda was always quite clear. All immovables, land, houses, &c., belonged to the state (Pomponius, Dig. 49. 15. 20. I). The soldier had a right of plunder over whatever movables came his way (Gaius, Dig. 41. I. 5. 7; cf. Aristotle, Politics

I. 5), a principle which was often regularized by allowing half a victorious army to foray for plunder and then selling what was obtained and distributing the proceeds throughoutthe whole force (cf. 4. 59. ro). Larger chattels and the human population accrued to the general, not as his private property, but in trust for the state. The proceeds he was obliged to pay to the aerarium but a moiety of it he could disburse as a special reward to the troops for good conduct (4. 53. ro, 5. 26. 8, 6. 2. 12). This extra bounty came to be regarded by the troops as a right and if their expectations were disappointed, they were liable to instigate a prosecution for peculatus against the general for absconding privately with part of the proceeds due to the state. Historical instances are the cases of M'. Acilius Glabrio and Q. Servilius Caepio. A record may have been preserved in the Annales that Fabius had paid over a sum from the proceeds of the large plunder (such records were kept in the first century B.C.) and have formed the basis for inventing the fictitious unpopularity of Fabius. See further Mommsen, Rom. Forsch. 2. 448; Siber, Abh. Sachs. Akad. 48 (1936), 19; Vogel, R.E., 'Praeda'. 42. 3. seditione ... bellum: the alternation of war and riot continues throughout the later books. 42. 5. Gastoris aedes: Suetonius, Julius ro ut enim geminis fratribus aedes in foro constituta tantum Gastorisvocaretur; Dio 37. 8. The temple is regularly called simply aedes Gastoris in official inscriptions (e.g. G.I.L. 6.363,9177, &c.) but the legend ofLake Regillus (20. 12 n.) presupposes that it was dedicated both to Castor and to Pollux (cf. Cicero, de Nat. Deorum 3. 13). Since the two Dioscuri are named in certain formal documents, for example in the Fasti Praenest., 'aedes Gastoris et Pollucis', we must reject a theory ofWilamowitz that the temple was dedicated to Castor alone because Pollux was mortal and that popular usage subsequently misnamed it, in favour of the view advanced by Lofstedt (Syntactica, I. 74 n. I) that the temple was dedicated to both but was popularly referred to by the name of the more important. If so, it is proof that L. is not reproducing temple records at first hand in his history. idibus Quintilibus: the Fasti (without exception) give the dedicationdate as 27 January (Fasti Praenest.; Fasti Verol.; Ovid I. 705-6), which is corroborated by the celebration of the ludi Gastoris at Ostia on the same day (G.I.L. 14. I; third century A.D.) It has been argued that 27 January is the dies natalis of the rebuilt temple dedicated in 6 A.D. by Tiberius in his own name and that of his brother Drusus (Suet. Tib. 20). 15 July was also the date of the Transvectio Equorum which commemorated the Battle of Lake Regillus and the participation of the Dioscuri, but it may be that the Transvectio, which underwent drastic reformation by Augustus, merely took the place

346

347

42-51. 3. The Fabii and Dulcedo Agrariae Legis

2.42.5

484 B.C.

483 B.C.

2. 42. 10

of the dies natalis of the temple of Castor in the calendar when the latter was moved from July to January in order that the association of 15 July with Lake Regillus should be be maintained. See Wissowa, Religion, 268 ff.; S. Weinstock, Studi e Materiali 13 (1937), 10 ff.; F. Bomer, Gymnasium 64 (1957), 113; Latte, Religionsgeschichte, 173-5· vota erat: 20. 12. duumvir: a privatus could not dedicate a temple. He, with a colleague, in this case probably his brother, had to be elected by the people to the post of iivir aedi dedicandae for the purpose. Cf. 6. 5. 8, 23. 2 I. 7, 30. 13, 3 I. 9, 34. 53. 5 et al. The tradition that the son dedicated the temple begun by his father looks over-schematic. The Postumii were jealous of such honours and a member of the family had written history. Note C.I.L. 6. 3732, and see Mommsen, Staatsrecht, 2. 618-21 ; Munzer, R.E., 'Postumius (52a)'. 42. 6. dulcedine: 42. I n. furoris ... largitiones: the language of late Republican politics. Cf. Cicero, pro Murena 24. 42. 7. L. Valerius: 41. I I. 42. 8. 'Three successive consulates, all without a break, as it were, tried and proved by tribunician struggles.' -que joins expertos and continuos. An ungainly phrase. The successive consulates of the Fabii have witnessed bitter campaigns by the tribunes. The Fabii have successfully weathered them and are tried and tested consuls (expertos). uno . .. tenore is colloquial and quasi-proverbial (cf. Cicero, Orator 21 uno tenore, ut aiunt,jluit (stilus); 5. 5· 7, 22. 37. 10,47.6, 23. 49· 3; Seneca, de Otio I. I; Otto, Sprichworter, s.v.) but the metaphor from motion is awkward with expertos. velut apologizes for the awkwardness. For other signs of unpolished writing see next note and 43· 5 n. bene locatus: 'as being well invested', not 'as being well situated'. Editors quote 7. 20. 5 (speech of Caeritan ambassadors) which is a deliberate echo ofa similar play on words in Ennius (Trag. 409 V.). It has no relevance to the present passage, which is more reminiscent of Plautine expressions (e.g. Most. 242, 302; Trin.844) and is out of keeping with L.'s normally elevated style. 42. 9. bellum inde Veiens: 43. 5 n. D.H. 8. 87-91 knows nothing of a war with Veii in this year (483). According to him both consuls are engaged with the Volsci. Klotz (Mnemosyne 6 (1938), 83 ff.) maintains that L. is at fault, having combined two chronologically different sources which related the same event in 483 and 482 respectively (Gf. 43. I). Hit is not another oversight, it is rather a sign thatL. andD.H. are following separate sources. 42. 10. moti . .. numinis: I. 55. 3 n.

vates: a loose term for the haruspices who were consulted whenever prodigies occurred. The interpretation of prodigies was made in the main either by Auguration, the study of the flight of birds (technically auguria ex avibus), or by extispicium, the inspection of the entrails, i.e. nunc extis nunc per aves. In both departments, particularly the latter, Etruscans excelled (cf. I. 55· 3). publice privatimque: I. 56. 5 n. extis ... per aves: the variety of construction emphasizes the different nature of the two procedures, as well as being a favourite trick ofL.'s (6. 3.10,7.30.17,9.5.2). L. substitutes per aves for the technical ex avibus to avoid the repeated ex- sound. haud rite: cf. I. 3 I. 8. 42. 11. qui terrores: 43. 3, a repetition suggestive of careless writing. See I. 14. 4 n. tamen: the contrast is between the vague widespread alarm and its localization in the discovery of the individual sinner. tandem (Madvig) is unnecessary, although the corruption is common (cf., e.g., 5. I I. 2, 52. 13)· Oppia: it is clear from 22. 57. 2 (the case of Opimia and Floronia in 2 16 B.C.) that the misconduct of Vestals was reckoned as a prodigium and so would have been entered in the Annales (Wissowa, Archiv. f Relig.-Wiss. 22 (1923/4),201 ff.). The present case, therefore, is also sound, although there is some doubt about her name. The manuscripts of L. agree on Oppia, although sources deriving from L. (illia Per. 2 ; Popilia Oros. 2. 8. 13; Pompilia Euseb. 2.102) suggest either Pompilia (the family name of Numa who founded the Vestals) or Popillia (a first-century B.C. Vestal). D.H. 8. 89. 4 calls her TWV TTap8'£vwv {Lia ... 'Om{Lia. But although Opimius is attested for the early period (10. 32. 9), it is more likely that 'Om{Lia is an error for 'OTT(TT)ia arising from a repetition of {Lia. Oppia thus is the best form and is supported by the presence ofan Oppius in the Decemvirate (3. 35. I I). Like the Cassii the Oppii of historical times were a plebeian gens. See Munzer, Philologus 92 (1937), 211-16, who holds the notice to be genuine but the name fictitious, inserted by the opponents of the nobility (P. Popillius Laenas and L. Opimius) in Gracchan times, since damnatio memoriae would have been ordered. incesti: any offence which defiled the sanctity of religious laws and involved the loss of castitas was incestum. In the case ofVestals vowed to virginity any sexual relations were incestum. poenas: 4. 44· 11,8. 15.8,22.57.2. They were buried alive. Cf. Festus 277 L.

348

349

43. 1. C. Iulius: I. 30. 2 n., see Broughton, M.R.R. s.v., but it is possible that Licinius Macer, using the corrupt libri lintei, did write

482 B.C.

481 B.C.

C. Tullius and that L. followed him (4.52.4 n.). The notices for this year are ultimately from the Annales. 43. 2. Ortonam: 3. 30. 8. A Latin community of uncertain locality mentioned also in the same connexions by D.H. 8. 91. I 'Opwva (corr. Sylburg), 10. 26. 2 pTwva. It is otherwise unknown but it has been plausibly identified with the Hort
the parallel treatment ofD.H. This fact must stand. The sources were agreed that Fabius' battle was against the Etruscans. This is doubly sure if the source was a Fabian source-i.e. Licinius Macer. In addition Otto's emendation requires one to suppose that Livy could say that Fabius' war with the Aequi was not worth describing (nihil memoria dignum) and then describe it for 20 lines. 43. 6-1 I must relate the doings ofFabius (43. 6 n.) and doings against the Veientes, not the Aequi. Glareanus seeing the difficulty of departing from the agreed distribution of provinces, read victis Veientibus in 44. 1 I and cum Veientibus in 46. I. This also, though logical, is palaeographically unacceptable. The only other radical emendation is that of Conway and Walters who read: ducendus Fabio in Aequos, Furio datur in Veientes.
2.43.

I

35°

2.43· 5

481 B.C.

480 B.C.

He was an Imperator. None the less he was applying remedia to the social and political ills of Rome.

2.43.10

sense of claim 'such as a creditor may exert on his debtor' (Conway) with the sanction of the law ever hovering in the background, because in that case the influence would not be gratia and auctoritas but veiled threat and moral blackmail. The former meaning must be what L. intends, although the expression is hardly felicitous. The closest parallel would seem to be Ovid, Met. 2. 47-48 but even that is metaphorical. 44. 6. novemque: M wrote noque which was corrected by Ratherius to novemque, the reading of the archetype. The plural eorum (43. 4) presupposes a tribunate of at least three colleagues and removes any possibility that L. is drawing on any of the authors who limited the early tribunate to two (33. 3 n.) But no author made the first figure as high as ten, and L. himself later calls attention to the increase to that number (3. 30 • 7). It would therefore be simple to accept the correction made by Sigonius and read quattuorque, were it not that throughout this part of the book L. has been guilty of several linguistic and factual slips. novem (cf. 4. 1. 2) would be the natural figure for any writer to give unless he thought about it, particularly after evoking the atmosphere of late Republican party politics. 44. 7. auxilia convenerant : i.e. clients, slaves, and dependants. For D.H. 's elaboration of this (TOU, €aVTWV 7r€V€GTa, €7ray6fL€VOL) see J. Heurgon, Latomus 18 (1959), 713-23.

44.1. velut processisset: r. 57. 3. The impersonal procedit with a dative is extremely rare. Only two certain cases can be quoted. Caelius (Cicero, ad Fam. 8. 12. 3) writes quibus cum parum procederet ut . .., where the ut-clause may be assumed to serve in lieu of a subject. The other case is Horace, Sat. r. 2. 37 audire est operae pretium, procedere recte qui moechis non vultis on which Fraenkel (Horace, 82) comments that 'the syntactical construction removes it from the careful language of educated persons'. A colloquialism is to be expected from Caelius too. Fraenkel, however, by a strange contradiction, classifies the present passage as 'probably an archaic or archaizing construction'. A colloquialism, on the other hand, suits the lack of finish displayed in the whole section.

The Speech of Ap. Claudius The sentiments and language are derived from Republican politics. The suborning ofone of the college oftribunes to thwart his colleague's proposal only became a serious factor in politics when M. Octavius opposed Ti. Gracchus and later when M. Livius Drusus outbid C. Gracchus. The principle unum vel adversus omnes satis esse (that a single veto outweighed the unanimity of the rest) was always implicit in the constitution of the tribunate but seems first consciously to have been formulated in the Gracchan era (Dig. 10. 3. 28, in re pari potiorem causam esse prohibentis; Plutarch, Ti. Gracchus 10; Cato min. 20; Seneca, Contr. I. 5. 3). For the loaded term melioris partis cf. Cicero, pro Caelio 13; ad Brutum 2.5.3: H. Strasburger, R.E., 'Optimates'; for the conjunction of gratia and auctoritas as terms of political influence cf. Cicero, Verr. 2. 106; Sallust, Catil. 20. 7 (H. Drexler, Rh. Mus. 102 (1959),58); for salubres reipublicae cf. Cicero, de Domo 16. 44. 5. aliquid iuris: for the form of the expression cf. 39. 16. 7. The difficulty of meaning does not seem to have been met. The consulares are exerting the full force of any influence they possess over individual tribunes to persuade them to oppose Ti. Pontificius. gratia is influence as a result of past favours and services, auctoritas influence as a result of age, standing, or character. aliquid iuris should therefore bear the general meaning of 'some (moral) hold over'. But no other example of such a general meaning can be quoted. In all passages, even those usually adduced such as 3. 33. 8, 5. 35. 4, a code or convention which makes the obligation binding is implicit-natural law, international convention, and the like. None, however, can be conceived of here. On the other hand aliquid iuris cannot be taken more closely in the 35 2

2.44.5

The Etruscan Debate The arguments assumed consist of the familiar rhetorical commonplaces used by optimistic enemies of Rome. 44. 8. conciliis: the plural denotes not separate conclaves of separate groups of Etruscans but a series of meetings of the Pan-Etruscan Council at thefanum Voltumnae (5. 33. 9 n.). aetemas: 4. 4· 4 n. venenum: 3. 67. 6 n. 44. 9. opulentis: 50. 2 n. duas civitates ex una factas: 3. 67. 10 n. 44. 11. Aequis: 43. 6 n.

Battle with the Etruscans The description of the battle has much in common with the account of Lake Regillus (19-20) which was also from Licinius. The distinguishing feature of both is that they combine a strong tincture of Epic colouring with an admixture of realistic details from contemporary warfare. This technique is most clearly seen in the celebrated description of Valerius' combat with the Gaul. (Aul. Gell. 9. I I ; see 814432

353

2·45

480 B.C.

480 B.C.

2.45.

12

45. 1. nihil praeterea aliud quam: only here. Elsewhere L. uses nihil aliud quam or, rarely, n. a. praeterquam (4.48. 13, 5. 29. 6) but the pleonasm is natural enough and does not merit correction. Fiigner, Lexicon, 9ro. 45. 2. diem tempusque: 'time and circumstances'. cr. 22, 39. 12, 4 2 .5 0 .3. 45. 3. qua . .. qua: 45. 4, 45· 16; cf. 35. 4 n. The repetitions at short distance seem inelegant. See I. 14. 4 n. obequitando: the plight of the Romans and the bravado of the Etruscans recall Numanus at the Trojan camp in Aeneid 9. 590 ff. 45. 4. remedium timoris: 3· 3· 5. novum seditionis genus: i.e. if the Romans were really disaffected they would not be sitting peacefully when they had arms at their disposal. ad haec: haec for ea (normal in or. obI.) to give the illusion of direct speech (A. Lambert, Die indirekte Rede, 34). 45. 8. The crisp sentences mirror the style of military orders. A close analogy, both in form and content, may be seen in Caesar's orders to his army before Pharsalia (B.C. 3. 89. 4: toti exercitui imperavit ne iniussu suo concurreret: se, cum idfieri vellet, vexillo signum daturum). The immediate order is given simply and directly first. The comment follows. 45. n. curritur: vVackernagel (Vorlesungen, 1. 146), comparing Quintilian 1. 4. 28 and Virgil, Aeneid 6. 179, called attention to the use of the impersonal passive as stressing the universality of the convergence on the consuls (passim omnes). tergiversantur: sc. consules. 45. 12. Note the word-order and the chiastic ego . .. posse: velie . .. ipsi which throws the stress on each word in turn. jecerunt ne: ne = ut non is a not infrequent idiom in Latin after jacio and similar words (cf. Tacitus, Agricola 6. 5; Val. Max. I. 1.8: cf. R. G. Nisbet, A.J.P. 44

(19 23),27-43) and is not confined by L. to direct speech (24.9. 10, 5· 19· 4, 32 . 4)· 45. 13. centurio . . .M. Flavoleius: D.H. 9. 10. 2 grades him as a 7Tptf-Lf5mAo,. L.'s rank is simpler and more dignified. A subtle change. The name Flavoleius, though rare, is real, occurring on at least two inscripti.ons from the region of Rome (C.I.L. 14. 2783; 6. 68 93 C. Flau!ews Schu.lz~ 436) and ~lso from Mutina. The family was not prete?trous, and It IS hard to vIsualize how the story could have been kept alrve for over two hundred years until the first historians enshrined it in writing. Other indications also suggest that the story is retrojected from a later period. The point of the story lies in the oath 'victor revertar'. The wording of the oath shows that it was not, as has been thought (Kromayer-Veith 305), the regular sacramentum which was taken on enlisting and comprised simply a promise conventuros se iussu eonsulis nee iniussu abituros (3. 20. 3 n.). It is a special oath taken to steady morale in a crisis, such as may often be found in the annals of history as when at the Battle of the Standard Walter l'Espec, grasping the ?and of the Earl of Albemarle, Baid, ' "I swear that on this day I WIll overcome the Scots or perish." "So swear we all," cried the barons assembled around him' (Hailes). In his account of the expedition to Cannae (22. 38. 2-4; Frontinus 4. 1. 4) L. specifically states that a battle-oath of the victor revertar type was instituted for the first time then and so M. Flavoleius is consigned to the realms of the fabulous. But a precedent would have been required to justify the innovation. In the affairs of 216 a descendant of the Fabii, Q. Fabius Maximus, was prominent. His son was one of the tribuni militum (22. 53· I) who ad.ministered the oath. It is safe to hazard that the legend o~M. FlavolelUs was concocted by the Fabii and that a Flavoleius (a clIent or dependant) was then a leading member of the other ranks in the army. L.'s description of the resolve to conquer or die is strongly reminiscent of similar resolutions in Homer, e.g. Iliad 6. 30 7-8 ; 22. ro8-ro. deos jallet: cf. Kiessling-Heinze on Horace, Odes 2. 8. ro. 45. 14. si jallat: the technical phraseology was si sciens jallo (Paulus Festus 1.02 L.; 22. 53. II; Iusiur. Arit.= C.I.L. 2.172). The object of jallo IS to be understood as deos not fidem (30. 42. 2 I ; Ovid, Am. 3· 11. 46 ; Propertius 2.20. 16; cf. L. 5. 51. 10) but is never expressed in the formula. Gradivum: I. 20. 4 n. iratos invocat deos: 5. I I. 16. iratos is predicative, almost 'he calls on the gods to be angry'. in se quisque iurat: the administering of the oath follows the same procedure as the administering ofthe sacramentum. Cf. Polybius 6. 2 I. 3; Paulus Festus 250 L. 'praeiurationes facere dicuntur hi qui ante alios

354

355

Marouzeau, Rev. Phil. 45 (1921), 164-5; A. H. McDonald, J.R.S. 47 (1957), 158). It is also evident in the present two battles. Both were essentially combats between champions, the Fabii and Manlius reenacting the parts of Valerius and Postumius. Both have deliberate reminiscences of Homeric situations (45. 13 n.; 46.7 n.; 47· 4 n.) and echoes of Homeric language (46. 3 n., 46. 4 n., 46. 7 n., 47. 6 n.). Both, however, are reported in a vocabulary whose similarity to the language of Caesar shows that it is the official military terminology (46. 3 n., 46. 7 n., 47· 4 n., 47. 6 n.). Both have certain glaring anachronisms (46. 3 n.). For detailed discussion see T. Stade, Die Schlachtschilderungen im Livius erster Dekade (1879) ; H.-G. Plathner, Die Schlachtschilderungen bei Livius (1934), 34-36; Hellmann 69-70, who analyses the process by which the people are gradually brought into a state of indignant fury at the insolent behaviour of the Etruscans (cf. 3· 69· I, 5· 7. I).

480 B.C.

480 B.C.

conceptis verbis iurant: post quos in eadem verba iurantes tantummodo dicunt: idem in me'. 45.15. armati: sc. iubent; 'now when they were armed let the lip-bold enemy face them' (Foster). 45. 16. Fabium nomen Fabia gem: so the manuscripts. Shafer, earlier than Madvig, had realized that Fabia gem was a Nicomachean variant on Fabium nomen: ef. Sulp. Sev. Mart. 7. 7 beati viri nomen enituit. enite(sc)o is scarcely found of people.

Conjectures do not convince (obiit Sigonius; labitur Cornelissen; cadit H. J. Muller). 46. 6. comuli . .. consul: note the word-order emphasizing their rank. verbisne: the reader is reminded above all of the reaction of the Gre~k leaders to Agamemnon's lTrL7rWATJuLS (4. 220-42 I) and of Ajax' herOIsm (cf. 12. 364 ff. for the opposition pugnando: adhortando). Cf. Sallust, Cati!. 58. I. 46.7. proceres: the word was felt to be high-flown from earliest Latin literature. The sole occurrence in Plautus (Bacch. ro53) is paratragic. ~aesar avoids it entirely and Cicero allows it only once, and that In a letter (ad. Fam. 13. 15. I) where, as here, it may be intended as a translation of the Homeric 7rPOfJ-UXOL, since he continues with a quotation from Homer. See LOfstedt, Syntactica, 2. 298 . infemi~: = infestis; of weapons elsewhere only in Virgil (Aen. 9. 793, ro. 52 I xnfemam contenderat hastam). infestis (Sobius) misses the nuance. moverunt: both tense and verb are unexpected. A second historic present would be natural after provolant and a compound verb (promoverunt Ftigner; provehunt Cornelissen) would clarify the picture. But movere aciem is technical (4. 33. 6, 30. 34. 4) of an advance and the aorist marks the end of that stage of the battle.

2·45· 14

2.4 6 .4

46. 1. detractant: 43. 3 n. non magis secum pugnaturos quam pugnaverint cum Aequis: pugnaverint is omitted by H, but the pleonasm is in L.'s manner. Pettersson compares Praef. 7, 4. 32. 2, 6. 14. I r. cum Aequis: 43· 5 n. 46. 3. vix explicandi ordinis spatium: Gronovius rightly took ordinis as acc. plur., followed by Lallemand and Madvig, among others, on the ground that the singular would imply spreading out the individual soldiers who comprised the rank or ordo, whereas L. would seem to mean spreading out the separate ordines in line ofbattle (I. 27. 6, 3. 60. ro). The singular is used by Frontinus (r. 4. 2; ef. the second hand in Fronto I2r. 9 van den Hout) but probably in the former sense. pilis: anachronistic since the pilum belongs to the armoury of manipular tactis. pugna iam in manus, iam ad gladios ... venerat: in manus venire 'to come to close quarters', with an army or a person as the subject, is usual in the historians (Sallust, Jug. ror. 4; Tacitus, Annals 2. 80) but the quasi-impersonal construction with the battle as the subject belongs to the realm of military communiques. Cf. Bell. Hisp. 5· 5. Mars est atrocissimus: unparalleled and not to be confused with aequo Marte and similar phrases (40. 14 n.). It may be inspired by the memory of the Homeric {3pO'TOAOLyip JIpTJL (Iliad I I. 295, 12. 130). 46. 4. tertio anna: 43. I. praeceps in volnus abiit: no wholly satisfactory explanation has yet been offered for the phrase. praeceps (ab) ire is not infrequent for 'to fall headlong' (Sallust Cat. 25· 4, 37· 4 praeceps (i)erat; Suet. Calig. 35; Catullus 17.9), ab- conveying the idea offalling from something, e.g. a horse. This must be the meaning here, for abire 'to depart (life)' is only followed by in when the direction is towards the. ultimate ~es­ tination, i.e. the grave, the underworld, or heaven. Yet If the meanIng is 'he fell headlong on to the wound' (ef. I. 58. 11 ; Lucretius 4. 1049; Virgil, Aeneid ro. 488), it is strange that the wound is not said to be fatal and that his death has to be presumed from the context. The explanation may lie in an attempt by Licinius to reproduce a Homeric phrase like the obscure 7rPTJjI~S €ALau6TJ (Iliad 15· 543)·

. glo.b~s iuven.u~: 'a squad of young men'. globus applied to people is In ongIn a mIhtary term (Cato, Mil. fro I I) and still retained that connotation i~ classical Latin. Hence it is avoided by Cicero but liked by Sallust (Hzst. 3. 84 M.; Jug. 85. ro) and historians dealing with military ~at~ers (Veil. Pat. 2. ?8. 2; Amm. Marc. 24. 4. 9 et saep.). It is, sIgmficantly, common In L. (r. 5. 7,9. 12, 12. 9, 3. 47. 8, 4. 29. I, 4. 6r. 6).

35 6

357

47.4. vanior .. . acies: rara (opp. to densa) acies is technical (Frontinus 3· ro. 4; Tacitus? Hist. 3· 25; Curtius 4. 15. 20; Virgil, Aen. 9. 508 ) and the Thes. Lzng. Lat. quotes no parallel to vanior. rarior (Perizonius) should, therefore, be read. See Drakenborch's note. se ipse coram offert: like Agamemnon, with Diomede and Odysseus in Iliad 14. 128-132. 47.5. dum . .. tererent: for dum ef. 1. 40. 7. praedae magis quam pugnae: cf. Tacitus, Hist. I. 79. tererent tempus: r. 57. 9 n. triarii: an anachronism from manipular organization. They formed the third or back rank of the line. ip~i: implies a contrast with Manlius consul and promotes the punctuation redeunt. et sua sponte ipsi proelium rmovant et Manlius comul . ... 47. 6. incursantes . .. issent: to be taken together. Weissenborn well c?mpares Iliad 15. 1-2 ;{3TJUUjI ¢J€15yojlTfiS. The construction is a GraeCism.

480 B.C.

479 B.C.

47. 7-9. Note the staccato sentences. 47. 9. passim: its position at the end of the sentence marks the con-

Cremera

clusion of the battle in which the Romans had been successful on every front. 47. 9-12. A record of a triumph declined would not be kept in the Fasti Triumphales. If there is anything trustworthy in the story it will be derived from a traditional laudatio or elogium of K. Fabius preserved in the family, but see 61. 9 n. 47. 11. gloria . .. redit: rediit manuscripts but cf. 1. 39. 4 n. It is a proverbial saying (4. 57. 6, 22. 39. 20; Sallust, Cat. 54. 6; Seneca, de Bene]. 5· 1. 4)· 47. 12. saucios milites curandos: cf. Tacitus, Annals {. 63. ulla re nisi salubri reipublicae arte: 'through nothing but arts that were for the common good'. Gruter deleted re as being repetitious with reipublicae arte but the resulting praise is faint and dubious in that it implies that the Fabii did use some arts to secure their popularity, although they were, as it turned out, consistent with the Public Good. L.'s praise is unconfined. Cf. 1. 8. 1.

Each of the preceding four years (483-480) contained considerable military activity undertaken by Veii. The record is trustworthy. Recent events had forced Veii to take the initiative. The creation of the new tribes of Claudia and Clustumina had deprived her satellite Fidenae of most of her land and afforded Rome a stranglehold over Veii's salt trade with the interior. The formation of the Latin alliance had made Rome rather than Veii the centre of commerce in the area. Veii's survival depended on her ability to regain control of the left bank of Tiber upstream from Rome and so to reopen free communication with Praeneste and the cities of the south. The campaigns undertaken by Veii will have figured in the Annales. To counter this threat it was a natural experiment to plant a block-house near the Cremera (mod. Fosso Va1chetta) which would command the river a~d enable the Romans both to harass traffic on the roads to Capena, Fidena.e, and Rome, and to have advance warning of impending campaIgns. Such a reconstruction differs only slightly from the reconstruction made by Roman historians and antiquarians from the bare facts in the Annales. The Roman version, however, suffered distortion. That Fabi were responsible for the idea is possible (the old rural tribe Fabia may have bordered on Veii and included Fabian estates' but see Badian, ].R.S. 52 (1962), 201); that a large number of them were involved and perished is likely enough; but that 306 Fabii should be the sole casualties and leave only one survivor, is, in D.H.'s words, 7TAau/Lauw EOLKE OmTpLKo"is (9. 22). Two separate factors are res~onsible f~r the em~~llishment. The gens Fabia were a lively repOSItory of pnvate tradItIOns. Ovid can be shown to have learnt some curious oddities about the family from Paullus Fabius Maximus. Equally partisan was the family tradition which recorded the massacre by the Etruscans of 307 Roman prisoners from the army of C. Fabius Ambustus in 353 B.C. (7. 15. 10) or the death of 300 Romans under Fabius Maximus in the Second Punic War (Plutarch, Vito Par. Min. 4). It seems, then, that the Fabii were themselves to blame for making out of a notice of the destruction of a Roman praesidium at Cremera a castroph~ limited to their own family. What started as a legion (3 06 4,000) mcluding a number of Fabii (Diodorus I I. 53) ends as a corps d'ilite of Fabii with dependants and retainers (Festus 45 0 L., Aul. Gell. 17.21. 13; Servius, ad Aen. 6. 845). What guided the course of the story and may even have determined the numbers involved was unquestionably the synchronism with the Batt~e of Th~rmopylae (cf. Coriolanus and Themistoc1es, 33. 4 n.). Gelhus mentIOns that Cremera and the invasion of Xerxes coincided

2.47.7-9

48. 1. bella: so the manuscripts. According to Pettersson, bella and dilectus (acc. pI.) should be understood by a zeugma as the objects of curam agere = curare (48. 8, 7. 26. 10). Cf. 17. 4. n. Hearne's conjecture belli was anticipated by Duker. 48. 2. priusquam quisquam ... auctor tribunus exsisteret: 'before anyoneany tribune-should emerge as an agitator for the agrarian legislation'. The word-order shows that tribunus is added as an afterthought and that it should be taken almost in apposition with quisquam which retains its full substantive force, rather than closely with it (= priusquam quis[quam] (Wex)). For the juxtaposition priusquam quisquam cf. 32. 20. 6. sanguine ac sudore partus sit: Cicero (de Officiis I. 6 I ), discussing the language appropriate [or denunciations and panegyrics, quotes a line of Ennius as suitable [or an outburst of righteous indignation: Salmacida spolia sine sanguine et sudore (also in Festus 439 L.). sanguine et sudore parere was the stock phrase for lauding a great achievement (7. 38. 6; Cicero, de leg. agr. 2. 16 and 69; Val. Max. 7. 6. I: Otto, Sprichworter, 334) and its employment by Fabius here gives a realistic note of political oratory to the debate. Cf. also in Greek, Plutarch, Moralia 340 e (praise of Alexander) .r{ aVL8pw·r{, T{ aVaL/LwT{ •.. ; for English see Lord Elibank in the Sunday Times of 20 December 1959. 48. 5. temeritate . .. consulis: L. has a series of standard psychological explanations to account for Roman defeats which will not impugn the character of the Roman people. One of his favourite reasons is the temeritas of the general. Cf., e.g., 3.4· 7-9, 5. 18.7-12,6. 30. 3-8. 35 8

+

359

479 B.C.

479 B.C.

although he does not point out the resemblance in detail between Thermopylae and Cremera. At Thermopylae there were 300 Spartans and 3,goo allies (Herodotus 7. 202) ; at Cremera 300 Fabii (Diodorus loco cit.) and 4,000 others (D.H. g. 15; cr. Festus 450 L.). The position is betrayed by a secret path over the hills; the 300 perish; an only son survives (son of Megistias: Herodotus 7. 221). The pressure of the Greek story may also account for the Fabian explanation that the disaster occurred when they were recalled to Rome for a family sacrifice (D.H. g. Ig. I; cr. L. 22. 18. 8). A non-committal narrative was reproduced by L. D. H. knew of at least two accounts (g. Ig. I 'TLllES, g. 20. I ETEPOS A6yos; cf. g. 26. I) which were probably combined in the source before him. L. agrees in general with the second. The differences can be attributed to his desire to concentrate attention on the tragedy of the Fabii. He telescopes the time-sequence from three days to one to secure an Aristotelian unity ofaction (cr. his chronology ofCoriolanus) . He loses sight of M. Fabius; he omits all mention of the exploits of T. Siccius (g. 14.3); he discreetly forgets the presence of the turba ... cognatorum sodaliumque (4g. 5). On one point, however, he may betray the identity of his source. It is well known that Ovid (Fasti, 2. I95-242) dated Cremera not to the traditional dies Alliensis, 18 July (6. I. I I) but to 13 February. It is held that in choosing this date he is deferring to the private chronology of the Fabii who associated it with their festival of the Lupercalia (15 Feb.) and, in particular, that he is acquiescing in the views of Paullus Fabius Maximus. L. also must have had before him an unconventional date (Mommsen, Rom. Ghron. 26 n. 238). There are certain marked inconsistencies between the narrative before and after 5 I. 4 (see below), which indicate that L. changed his source at that Foint. At 51. I Menenius is dispatched hurriedly to meet the crisis that followed Cremera, whereas in 52. 3 it is implied that he was already in camp nearby when the disaster occurred. The second (Valerian) account squares with the accepted chronology. Menenius was consul: it was summer (stativa): he failed to relieve Cremera on 18 July: he fought some unsuccessful engagements against the advancing Etruscans and was succeeded as consul on I August (3. 6. I n.). The first account is much less amenable. There too Menenius is regarded as being consul (5 I. I iam erant). There is no mention of stativa but a scratch force is hinted at. Etruscan infiltration into Latium after Cremera precipitates a corn shortage (5 I . 2) because, one assumes, the Romans were prevented from harvesting their crops. Since on the accepted chronology the crops would certainly have been harvested well before 18 July, these facts can only be harmonized with a chronology which made the entry of consuls upon office I August, but dated Cremera to 13 February. If it was winter, it is not surprising that the

fall of Cremera caught the Romans off their guard and that Menenius was not in the field or in camp. Licinius Macer also rejected the synchronism of Cremera and the Allia, since he devises a different omen to take the place of the Unlucky Day as a common link of misfortune between the disasters (I 7 P.). It may be hazarded that L. has drawn on Licinius and only suppressed niceties (48. ro n.) which complicated the picture he was creating. Licinius Macer (and in this he was following the lead of second-century scholars who were always attempting to bring traditional legend into line with legal and constitutional realities) mentions a meeting of the comitia curiata and implies the passing of a lex de imperio. He must, therefore, have narrated both a policy-making session of the Senate and a ratification by the curiae. L., unconcerned with legal niceties, abbreviates and simplifies. It is more effective that the consul, K. Fabius, should command, and that the sweep of the story should not be interrupted by dusty antiquarianism. A trace of the curiae may, however, accidentally survive in e curia egressus. That Ovid presumably supplemented L. with personal knowledge of his own is immaterial. Attention has often been called to the linguistic resemblances between the two authors. What is also interesting psychologically is that Ovid's ear was more fixed upon the sound and appearance of words than their meaning. Note 4g. 12 fusi retro ad Saxa Rubra = 212 Tusco sanguine terra rubet; 50. 5 rara hostium apparebant arma = 2 I 7 armentaque rara relinquunt; 50. I I maximum futurum auxilium = 241 posses olim tu, Maxime, nasci. See also 4g. 4 n., 4g. 8 n. See further Mommsen, Rom. Forsch. 2. 246-8; O. Richter, Hermes 17 (1882),425-40; Soltau, Phil. Woch., Ig08, g8gff.; Pais, Ancient Legends, 168-84; A. Elter, Porta Garmentalis u. Gremera, (Igro) ; H. Last, G.A.H., 7. 504-6; Burck 83; Klotz 249; F. Bomer, Gymnasium 64 (Ig57), 113 ff.; J. B. Ward-Perkins, P.B.S.R. 2g (Ig61), 3 ff. For Livy and Ovid see E. Sofer, Livius als Quelle von OZlidius Fasten; Bomer's introduction to his edition of the Fasti. For Silius Italicus' use of Ovid see R. T. Bruere, Ovidiana (Ig58), 4go-I. 48. 5. res proxime in formam latrocinii venerat: so the manuscripts. L. uses proxime 'closest to' as a preposition, never as an adverb. Cf. 30. ro. 12 proxime speciem ... navium, 24.48. I I. Rhenanus rightly deleted in, a false echo from 46. 3. 48.6. bellum quiete ... eludentes: cf. Tacitus, Annals 2.52.3. moturos se: the sense is clear-'other wars are either actually imminent or shortly to be expected'-and the position of alia bella outside aut •.. aut leads the reader to suppose that alia bella will be the subject of instabant and the object of moturos. The intrusive se defeats that expectation. Secondly, whereas bellum movere is common (21. 3g. I, 33. 45· 5, 43· I. I I ; Sallust, Gat. 30. 2 and a dozen more references in

360

36r

2.48

2.48.6

479 B.C.

479 B.C.

Thes. Ling. Lat.), examples of se movere 'to stir oneself to hostile activity' are lacking in L. Seyffert's esse is preferable to Madvig's excision of se. 48. 7. quod . .. sinebat: (deleted by Wecklein (Jahrb.f Class. Phil. I I 3 (1876), 632)) contains the substance of what troubled the Romans. 48. 8. tutam . . . maiestatem Romani nominis: recalling the rider to the later Roman treaties in which the socius is bidden maiestatem populi Romani comiter conservare (33. 3 I. 8; Cicero, pro Balbo 35-36). The Fabii can be depended on like a loyal ally. For the news ofthe incursion see 3.4. 10 n. 48. 10. senatus consultum: so Festus 358 L. The Fabian expeditionary force was regarded by Roman legal opinion not as militia legitima but as a coniuratio (Servius, ad Aen. 2. 157,6.845,7.614,8. I), a force not constituted according to the official dilectus but raised in an emergency as and how volunteers could be found. The formation of such a coniuratio could be the subject of discussion and approval in the Senate but L. oversimplifies the issues when he states that a s. c. ratified the whole expedition. The Senate could not by itself initiate war nor could it regularize a coniuratio which by its very nature lay outside the constitutional framework and did not even have to be commanded by a magistrate. D.H. (9. 15) states unequivocally that in the original form of the story the leader of the Fabii was not a magistrate, not, as in L., the consul paludatus K. Fabius, but his brother M. Fabius. The only body which could invest the commander with imperium and the army with official standing was (in theory, at any rate) the comitia curiata (5. 46. I I n.). 49. 2. postero die: the manuscripts give postera die which, as Fraenkel (Glotta 8 (19 17), 58) observes, besides being the only feminine occurrence of the expression in L., would violate the distinction between dies fem., a space of time or the closing day of such a space, and dies masc., a day or date. The feminine is unconvincingly claimed as a variatio by Catterall (T.A.P.A. 69 (1938),314)' quo iussi erant conveniunt: echoing the sacramentum (3. 20. 3 conventuros iussu consulis). L. unconsciously makes the expedition a militia legitima to enhance the tragedy of it; cf. also consul paludatus (I. 26. 2). Contrasted with the bleak formality of D.H.'s JNlwav avv nlxai'S' Kat (Jva[a,S' the scene of departure in L. is solemn and full of pathos. It has been inspired largely by the account in Thucydides of the departure of the Athenian expedition to Sicily (6. 30, 3 I) adapted to a Roman setting by the judicious insertion of peculiarly Roman prayers. 49.3. in vestibulo: i.e. of his house on the Quirinal (5.46. 1-3 n.). nunquam: ef. Thuc. 6. 30. I, 3 I. 6. 49.4. quorum neminem ducem sperneret egregius quibuslibet temporibus senatus: so the manuscripts. Ovid, Fasti 2. 200, writes e quis dux fieri quilibet

aptus erat which is less suggestive than Eutropius I. 16, also dependent on L., qui singuli magnorum exercituum duces esse deberent. L. is saying that anyone of the Fabii was good enough to command the finest army of any time and it displays an over-sensitive tenderness for constitutional propriety that he should say so by laying the emphasis on the Senate selecting the duces for its armies. Madvig, therefore, proposed sperneres, egregius ... senatus 'you would not reject anyone of them as a leader, and as a whole body they would have been a magnificent Senate at any period of history'. The artificiality of the universal-second person singular sperneres is matched by the absurdity of recommending an efficient army for the sedentary duties of a Senate. Tan. Faber long ago suggested exercitus for senatus and the same conjecture may be found in Bentley's copy of Livy in the Wren library at Cambridge. Two additional factors commend it. Eutropius is here an exact and not a loose precis of L. Secondly, whereas egregius ... exercitus is a common collocation (7. 35.4,8. 13· 15; Tacitus, Agr. 17 magni duces, egregii exercitus; Hist. 2. 47), egregius senatus is only found elsewhere once, in the Theodosian Code (6. 4. 2 I; 372 A.D.) when egregius, as the title vir egregius witnesses, had acquired a technical connotation. The ready slip of a late-imperial editor should not be allowed to supplant the true reading. For examples of this type of corruption in Greek see Page on Euripides, Medea ro64. 49. 5. sequebatur: the 4,000 attendants, but under the influence of Thucydides (6. 30. 2) L. has transformed them into a crowd of spectators. propria alia . .. alia publica not two separate crowds, but one crowd containing partly friends who had come for personal reasons and partly the general public. The same make-up of the crowd is given by Thucydides. spem ... curam: = P.€T' €Im[ooS' T€ ap.a Kat oAoePvpp.wv in Thucydides. 49.6. ire fortes, ire felices iubent: 5. 30. 5. The heading of a letter in the Biography of Aurelian (Vopiscus 4I. I) felices et fortes exercitus s.p.q.R. recalls the frequent incidence of a similar turn of phrase on property inscriptions (ef., e.g., C.I.L. 6. 29778). It was a solemn formula to proclaim the successful accomplishment of an undertaking, giving due weight to the respective claims of god and man. There is harsh irony in the allusion to the formula here which casts a very Roman shadow over the departing army. The trochaic rhythm may be deliberate. 49.7. faustum atquefelix: I. 17. 10 n., the ritual language of prayer. sospites ... restituant: 2. 13. 6, ritual phraseology. 49.8. dextro iano portae Carmentalis: 'through the right-hand postern ofthe Carmental gate' (Baker) and the same sense should be given to Ovid's Carmentis portae dextro est via proxima iano (201; for text and interpretation see Bomer's note). This is the natural interpretation of the Latin, but there are difficulties. The Fabii are making for the Pons Sublicius.

362

363

2.

49· 4·

2.49.8

479 B.C.

478 B.C.

2.5°.

Even if it be conceded that the Porta Carmentalis, at the south-west corner of the Capitol, could be thought of as existing in 478 B.C., that such a gate could have had double entries, which is elsewhere virtually unattested, and that ianus could mean one opening of a double gate, the route is absurd. To reach the Pons Sublicius if the troops were coming through the city they would go directly by the Vicus Tuscus and if they were starting from the Quirinal they would drop down on to the Campus Martius and back into the city by the P. Carmentalis. The alternative is to translate the phrase 'by way ofthe]anus to the right ofthe Porta Carmentalis' (for the use of dextro cf. Ovid, Met. 1 I. 197 ff.) l understanding]anus in an obsolete sense as an augurated river-crossing, and identifying it not with the Pons Sublicius but with a primitive bridge over the Insula Tiberina (see Holland, Janus, 242 ff.: cf. D.H. 10. 14.2). This makes geographical sense but there is no warrant that Livy or Ovid could have understood ianus so. I would believe that the ill-luck connected with Porta Carmentalis had originally no connexion with the Fabii or their route, and was only pressed into this service by later antiquarians. Names are often older than their explanations (I. 48. 7 n.) : Festus speaks not of an unlucky gate or path but of an ill-starred meeting of the Senate in aede Iani. There are many instances of superstitions connected with passing through doorways. See also Platner-Ashby s.v.; E. H. Alton, C.R. 32 (1918),14-16; Fell-Ashby,J.R.S. I I (1921), 125ff.; M. E. Hirst, P.B.S.R. 14 (1938),137-51; Saflund, Le Mura, 188ff.; Bomer, Gymnasium, loco cit. 49. 12. Saxa Rubra: mod. Prima Porta, 5 miles from Rome on the Via Flaminia. Deriving its name from the red tufa rocks of the locality (Vitruv. 2. 7), it was even in archaic times a strategic place commanding the ferry to Fidenae, which lies on the south bank of the Tiber just opposite Saxa Rubra, and being the meeting-place of several roads from Veii and the neighbourhood. The fact that the Veientes had their camp there is a strong indication that they were operating from Fidenae, and not from Veii itself (see above). See also Nibby, Dintorni, 3. 31-32; Fell-Ashby, op. cit. 145-7; Philipp, R.E., 'saxa Rubra'. insita: 41. 9 n.

the Fabii. The latter is commended by 25· 36. 3. impetus incursantium Numidarum arcebant; the former is palaeographically more satisfactory. aequo campo conlatis[que] campis: the manuscript -que, linking two ablatives of different logical status, was held to be an intrusion by Karsten. Cf. 64. 5, 38. 41. 6, and see, for intrusive -que in L., 32. 10 n. 50. 2. opulentissima, ut tum res erant: opulentus conveys more than 'rich, wealthy', containing also the notion of 'strength and power' implicit in the substantive opes (I. 30. 4). Cf. 2.63. 6;H.Drexler, Rh. Mus. 102 (1959),58. 50. 6. insidias .. . locatas: cf. Ovid, Fasti 2. 223-4

I

Sic Fabii vallem latis discursibus implent Q.uodque vident sternunt.

50. 1. impetus incursantium: 17"'\; incursantes ium P; incursantes lupi M. The variants incursantes I ium stood in the archetype and are at least as old as the Nicomachean recension. The choice is open. With incursantes it is necessary to supply in and in favour ofthisreading it could be argued that incursantium would be the obvious correction when in was lost by haplography. 'The Etruscans made incursions: the Fabii made sudden sallies against them.' With incursantium the sense is that the Etruscans ravaged the fields and sometimes, as they were so doing, attacked

The stratagem of the Veientes was to lure the Fabii by easy successes into an ambuscade. The flocks were allowed to graze at liberty guarded by a few inadequate detachments (rara hostium apparebant arma) but the real forces lay carefully concealed. Nothing, however, could have been more calculated to put the Fabii on their guard than to unferret some ambushes close to the road (circa ipsum iter). L. ought to be saying that the Fabii overwhelmed some troops which were visible and foolishly thought that they had thus removed the whole opposition. As Ovid says, quodque vident sternunt. insidias, therefore, is infelicitous. It must be assumed that L. wrote custodias or praesidia . . . locata(s) (cf. 1 I. 1 praesidio in Ianiculo locato). 50. 7. orbem colligere: 'contract their circle' not, as in the usual military image, 'form a circle'. 50. 10. duxit . .. collem: Herodotus 7· 225. 2. iugo circummissus: the path of Anopaea at Thermopylae. 50. 11. satis convenit: 38. 57. 2. The implication is that L. consulted a second source which differed as to the total number killed. As often the citation ofa variant is the prelude to a change ofsource (see below). unum prope puberem aetate: the reading of the archetype causes disquiet. It is taken to mean 'one almost adult in age was left behind'. The linguistic arguments against this are matched by common-sense considerations. L. does not elsewhere write pubes aetate like natu minor. What he does do is to qualify aetas by pubes (I. 3. I ad puberem aetatem, I. 35. 1 prope puberem aetatem erant) as the lawyers in the Digest commonly do (Ulpian 43. 30. 3. 6; Papin. 28. 6. 41. 7). puberem aetatem is required by Livian usage (so Gronovius rightly) but here another snag is encountered. unum p. p. a. could not stand for unum qui p. p. a. erat: yet it is impossible to take p. p. a. with relictum. Such considerations led Kreyssig, although not in his edition, to suggest propter puberem aetatem 'because of his (recent) coming of age', which was approved by H. Kohler and M. Hertz. On this WolfHin, in an

3 64

3 65

478 B.C.

477 B.C.

apparently forgotten note (Philologus 8 (1853), 384), remarked that in any case the motivation of Fabius' being left behind is wrong, ifhe is said to be nearly of age, since 'teen-agers' frequently accompanied expeditionary forces. The author of the de Viris Illustribus (14, 6), precising L., wrote unus ... propter impuberem aetatem domi relictus, and propter impuberem aetatem (also conjectured by Kreyssig and commended by Madvig, ed. tert. 1886) alone brings light into a dark corner of the text. It is neither here nor there that ten years later (3. I. I) the boy was consul.

was on 13 February and the consuls had only been in office for seven months, they had the rest of the year to face the Etruscans. Combine the two chronologies and the same events will be recorded twice under two pairs of consuls. The explanation will also account for the awkwardness of in futura proelia (51. 3 n.) and cladem (51. 4 n.). The passage, as a whole, has the closest affinities with 22 ff. (52.2 n.; the description of Ap. Claudius; 59. 7 and 25. I night attack by the V olsci ; provucatio) which maybe due to a common source. It also has express links with the story of Coriolanus as told in 34 ff. (52. 4; 54. 6). Conspicuous is the pride shown in the town of Antium (63' 6). Soltau 156-60; Seemiiller, Die Doubletten in der Ersten Decade (1904) ; Burck 83-85; H. Bruckmann, Die romischen Niederlagen, 47-49; Klotz 25 0 -3. 51. 1. cum . .. est, iam: Crevier's correction is certain. The indicative is used when only the point of time is meant. Cf. 21. 39· 4, 23· 49· 5, 45.39. I. Horatius' praenomen is C. here (Licinius) but M. in 3.30. I n. (Valerius). He was son of the consul of 507 (2. 8.4-5). 51. 2. annona: 9. 6 n., from the Annales. The Etruscans, by investing the city on both sides of the river, prevented access to the cornland in Latium. ad Spei: not, as commentators take it, the temple of Spes in the forum Holitorium which was only built in the First Punic War (Cicero, de Leg. 2. 28) but an ancient shrine on the Esquiline just inside the later Porta Praenestina (see plan of Rome) which disappeared soon after the foundation of the second temple but not before it had given its name to the region (Frontinus, de Aqu. 1. 5 ad Spem veterem). Being the highest point on the east side of the city, it was a strategic area and had been the scene of a similar battle in 2. I I. 5 ff. See PlatnerAshby s.v. aequo Marte: 40. 14 n., military jargon. 51. 3. in futura proelia: a curious expectation which suggests a compromise with the sources. 51. 4. Sp. Servilius: N has p. servilius here but Sp. Servilius in 52. 6. D.H. 9. 25. I gives the praenomen Servius, Diod. I I. 54. I Gaius. The Fasti under 463 gives his son's filiation as P. Servilius Sp.j. P. n. which corroborates Sp. here. For the symbol p. see 15. I n. proxima pugna: a certain correction by Gronovius. Since the battle referred to is that ad portam Collinam in which the Romans were only just superior and gained a psychological rather than an actual success, it is very odd to call it a clades. velut ab arce Ianiculo: cf. ro. 1. 7. For the manuscripts' Ianiculi see Madvig, Emendationes, 63-64. impetus dabant: 19. 7 n.

2.

50.

II

51-65. Discordia: Laetorius and Ap. Claudius

The inconsequential events of the years 477-468 left only an exiguous trace in the Annales. There was no single factor like Cremera or the prominence of the Fabii which an historian could seize on to act as a focus for his narrative. L.'s predecessors had obviously endeavoured to build something on the material. They gave a character and a position to the wraith-like Ap. Claudius (56. 5 n.) and provided him with a foil in the person of C. Laetorius (56.6 n.). They developed the personality of Volero Publilius (55. 4 n.). Above all, they were aware that historically these years were crucial for the Struggle of the Orders and the emergence of the tribunes from purely revolutionary officers of the plebs to recognized magistrates of the populus. Accepting this, they filled in the background with suitable episodes. Ancestors of tribunes famous in later history are 'unearthed'. Tribunician prosecutions are invented (52. 3 n.; 52. 6 n.; 61. 2). The right ofprovocatio is conveyed in a parable (55.4-11). The election of tribunes is made respectable. The constant theme of a lex agraria is stressed (41. 3 n.). L. imposes a schematic arrangement which makes the first generation ofthe Republic in chapters 22-33 (nexum: Laetorius -Ap. Claudius: the tribunate: reconciliation) exactly parallel to the second (51-65: Lex agraria: Laetorius-Ap. Claudius: the tribunate: no reconciliation). It does, however, appear that he reverts to Valerius Antias for the remainder ofthe book. The break is indicated at 51. 4. In 5 1. I Menenius is hurriedly sent, one presumes from Rome, to face the Etruscans exultant in the victory at Cremera (cf. 6. 1. I I). The difference may also involve a different date for the dies Cremerensis (cf. p. 360, above), particularly since the two battles fought by Horatius and Menenius are suspiciously like the two battles fought by Verginius and Servilius (51. 4-9) both in topography and in outcome and D.H. (9· 24) knows nothing at all about any fighting in the latter year. A writer who dated Cremera to 18 July and the terminal date for the office of consul as I August would have to allocate the bulk of the fighting against the victorious Etruscans to the consuls of the next year. But if Cremera 3 66

2.

51-65

476 B.C.

476 B.C.

51. 5. ad inlecebras: the ruse and the result correspond exactly to the battle described in I I. 5 ff. (ut eliceret praedatores). The scene is not definitely stated. traiecto ... Tiberi (5 I. 6) might be taken as evidence that up till then the Etruscans had restricted their operations to the north bank of the river, but it is unreasonable to press the point since the Romans, virtually besieged in Rome, could only drive out flocks and conceal ambushes on their own (south) side of the river. If that is right, the scene of the ambush was the same as that in I I. 5 ff., in other words in the vicinity of ad Spei, so that the case for identifying the two battles is strengthened. 51. 6. traiecto: note the short, telegraphic sentences. 51. 7. hesterna felicitate: hestemae Gronovius, but the enallage is common when the noun and the dependent genitive form a single concept (,victory') and the adjective is to be stressed: 'still somewhat intoxicated by success which was only a day old'. See Lofstedt, Syntactica, 2. 110 n. 2. inopia: a duplication of the Annona of 51. 2. quod . .. consilia: 'but chiefly because the scarcity of corn drove him to adopt measures however impetuous provided they were expeditious'. quamvis with praecipitia = in consilia quamvis praecipitia (22. 50. g). lnopia (nom.) is the subject of agebat with consulem understood as the object (g. 14. 15,24.27.5). This reading involves only the slight change from the nonsensical agebant to agebat (Rhenanus). Although inelegant (Glareanus' urgebat would be an improvement), it is preferable to inopiii . .. [in] praecipitia ... (sc. consul) agebat consilia (Sigonius; so also Gudeman, Thes. Ling. Lat. 447. 20) where consilium agere = c. inire, capere, a usage ofwhich the only other instances are very late. For praeceps consilium ef. Curtius 7. 7. 20, Suetonius, lui. 20; for the commonplace, almost proverbial, thought ef. g. 32. 3, 22.3 8 . 13. 51. 9. occidione occisi: 3. ro. I I, 4· 58. g, g. 38. 3 et al. 'utterly slain'. The expression has an odd history. Although such afig. erym. might be expected in early Latin, the first surviving instance appears in fact to be in a formal letter from Cicero, when governor of Cilicia, to Cato recounting the progress of his military undertakings (ad Fam. 15· 4· 7; ef. alsoPhil. 14,36). In both passages the context is formal and solemn, suggesting that the phrase belongs to official language. The perfunctory character of the present passage, moreover, is close to official reporting. The phrase passed into historical jargon (Tacitus).

tribunician prosecutions at this date are inconceivable (35. 5 n.). The mistrust is intensified by the identity of the prosecutors. Q. Considius is otherwise unknown (Munzer, R.E., 'Considius (6)'). The Considii are not heard of again until the first century when they emerge in the persons of the rich capitalist Q. Considius, who had been juror at the trial ofOppianicus in 74 (Cicero,pro Cluentio ro7) and Caesar's expert officer P. Considius. The name indicates an Italian origin. All the evidence combines to make this tribune a purely mythical figure, inserted to do honour to a great family. The Genucii, on the other hand, are old (3. 33. 3, 4. I. I, 5. 18. 2) so that there is no justification for doubting their historicity (Sigwart, Klio 6 (lg06), 285 ff.) but that does not establish the tribunate ofT. Genucius as real. Since the prosecution is itself spurious, the names of the prosecutors cannot command beli~f: It is l~e!y that there was ~ record of an investigation by dUOVlTZ perduelhoms (Brecht, Perduellio, 284-7) and that the anonymous duoviri were given names by later historians. Under the influence of contemporary affairs they gave them prominent plebeian or tribunician names and thereby converted the trial into a tribunician prosecution. Valerius Antias was certainly guilty of inserting a tribune Genucius at 7.42. 1-2. He may be responsible here too (Stein, R.E., 'Genucius'). Cf. Plutarch, C. Gracchus 3. 3 V7T~P r€IIVK{OV TtIlOS" (IT/fULPXOV Aot8oPTJOIII'TO,. 52. 4. ea oppressit: sc. invidia. eam of the manuscripts is senseless. The ellipse of the object is surprising but none of the remedies (reum oppressit Freudenberg; ea oppressit (eum) Cornelissen) convince. For invidia oppressit ef. 40. 10; I. 5. 2. pro Coriolano: 35· 5. Agrippae: 32. 8-12. 52. 5. in multa temperarunt: 'in assigning a fine the tribunes were leniene. A very difficult sentence. The figures of fines in the early years of the Republic are all fictitious and their very size displays their arbitrary calculation (3. 31. 6: 10,000 and 15,000; 4. 41. ro: ro,ooo; 4· 44· ro: 15,000; 5· 12. I: 10,000; 5· 2g. 7: ro,ooo; 5· 32. g: 15,000). These were regarded as heavy fines so that a sum of 2,000 might seem to be lenient. The sense, then, will be that the tribunes were moderate in the fine, although they had aimed at the caput; i.e. after they dropped the capital process they might naturally have been expected to impose a very large fine. The Latin remains awkward. No better parallel for tempero used absolutely can be quoted than Sallust, Jug. 85. g in fJot~statibus temperare. Moreover, the parallel passage of D.H. g. 27. 3 esnmates the fine as very severe for those times (v7T€pg,vlS"). The awkwardness of L.'s language may betray a misunderstanding of a common judgement. The switch from a capital charge to a fine has been regarded as owing something to the case of Cn. Fulvius in 21 I B.C. (26. 3. 6-8).

2.

51. 5

52. 1. ex Campania: g. 6 n., a detail preserved in the Annales. 52.2. otio •.. lascivire: I. Ig. 4 n. 52. 3. Q.. Considius et T. Genucius: although not expressly stated, it is assumed that they were tribunes. This in itself causes mistrust, for 3 68

814482

3 69

2. 52.

Bb

3

2.52.5

476 B.C.

475 B.C.

anquisissent: 6. 20. 12, 26. 3· 7. duorum milium: Reid's correction is necessary. To delete multam and keep duo milia (Bayet) is inexplicable. edixissent, the reading of the manuscripts, would mean not 'pronounce sentence' but 'to announce beforehand that the sentence will be a fine, should an offence be committed'. It may have arisen from a combination of the variants multam and multae. ea in caput vertit: 27. 23· 4, 45. 10. I I. inde morbo absumptum esse: esse should be kept. L. simplifies the manner of Menenius' end; in D.H. melancholy induces voluntary starvation but such a detail would only be distracting to L.'s terse account. 52.6. tribunis: 35. 5 n., 52. 3 n. with references. Statius is an old Italian name, found often in Campania and the south of the peninsula as a praenomen (g. 44. 13, 10. 20. 13). It was introduced into Rome as a result of Rome's expansion in Italy and it is significant that it was an early name for slaves (Aul. Gell. 4. 20. I I). As a nomen it is not apparently found before 106 (C.I.L. 12. 677 (Capua) P. Statius P.M.L.). The most distinguished man of the name was the Samnite leader in the Social War who later became a member of the Senate. Like Considius above, it is inconceivable as a Roman name in 475. L. Caedicius is somewhat more plausible in that the family ofCaedicii is old (5· 32. 6 n.; V. Basanoff, Latomus g (lg50), 263-4) but, as in the previous case, it looks as if an anonymous duumviral prosecution has been embellished with names and personalities. Munzer (R.E., 'Statius (4)') held that the whole prosecution was inspired by the trial of Q. Servilius Caepio in 104. Despite certain resemblances of name and circumstance which may have contributed something to the legend, the actual fact of the prosecution will have had independent and documentaryexistence. 52. 7. et huic: 'Servilius, as well as Menenius, was charged with mishandling a battle against the Etruscans; in his case at the J aniculum'. audacia: ablative. 52. 8. mutaverant animi: animum N. Cf. g. 12. 3 adeo ... animi mutaverant. If animum were the object, the plural animos would be required (6. 33. 10, 24. 21. I, et al.: contra, 43. 22. 5) but in that case the subject is always the person or thing which caused the change of mind.

Sabini: 48. 6 n. alia: adverbial, sc. via, 'in different directions'. Cf. 3°.4. 2, 44· 43. 3. 53.3: super:atae sunt: L. omits t~at P. Valerius was awarded a triumph for hiS s~rvlces, a fact recorded In D.H. g. 35 and the Fasti Triumphales. 53. 4. szne Romano aut duce aut auxilio: 3. 6. 5, 4. 45. 4: see 3. 4. 10 n. This curious detail cannot have been invented but must have had a place in the Annales, since it betrays a truth, which the Romans were later anxious to conceal, that the earliest treaty with Latium and with the Hernici was aJoedus aequum which left the Latins and Hernici free to act on their own initiative when they wished. It follows that if the tre~ty with the Hernici was a Joedus aequum the alleged partition of their land by the Romans (41. I) must be a confusion. See SherwinWhite, Roman Citizenship, 22.

53. 1. Veiens bellum . .. quibus: quibus picks up Veientes understood from Veiens, a common transition with ethnic adjectives but principally found in loose writing (cf. Klotz on Bellum Hisp. 2. I; Caesar, B.G. I. 40.5: Wackernagel, Vorlesungen, 2.88). The inelegancy is on a par with the rough certamina finita, bellum exortum (without any auxiliary verbs) which Gronovius wanted to refine by writing certamine •. .finito. 37°

2.53.

54. 1. C. Manlius: the praenomen may be corrupt. The Decemvirs were all consulars and advanced in years. One of their number was A. Manlius (3. 33. 3; D.H. 10. 56. 2) and he is to be identified with the consul of 4 74, whose praenomen is given by D.H. g. 36. I as AVAOS' also (MapKoS' in Diod. I I. 63. I). Since L. drew his material for the Decemvirate and the present passage from the same source it would no~ be .quixotic to read A. Manlius here. See Broughton, MR.R., s.v. zndutza~: th~ peace lasted till 437 (4. 17.8), a period of 37 years but ?o ~entIOn IS. made of the treaty being violated then, which may Illdlcat~ that It was of shorter duration than 40 years and was no longer III force by 437. The treaty is to be connected with the crushing defeat which the Etruscans received at the hands ofHiero and the Syracusansin474 at Cumae. The coincidence is a valuable proofof the soundness of the Roman archival tradition. Cn .. G~nucius: 52. 3 n. For the prosecution see 35. 5 n. . ampult: 3. 58. 7, Pliny, Ep. 4. I I. I I ; short for arripi iussit. 54. 3. Vopis~um Iulium pro Verginio: D.H. g. 37. I, Diodorus I I. 65. I and the Fastl Cap. (.....] lulus) all agree on the rival tradition that Vopiscus Iulius was consul. The source of the mistake can be seen frow a fragmentary entry in the Fasti Cap. for 478: ..... E]squilinus. The space on the stone leaves no doubt that this was the name of a suffect c.o.nsul and it ~as been plausibly restored as Opet. Verginius -j. -no Esqullmus (Degrassl 24, 356 ff.). In 478 the ordinary consuls were L. Aemilius II and C. Servilius. In some authority the suffect consulate was wrongly transferred from Aemilius' second to his third consulate and ~as the~ mistaken for the second ordinary consulate of that year. 1.'h~ s~ng~lanty of the mistake is in keeping with what we know of the lzbrz. lzntel. ~or the praenomen Opiter cr. 17. I n. Vopiscus is a very a~~lent ~atIn word meaning, according to Pliny, N.H. 7. 47, the surVIVIllg tWill when the other has died after premature birth (? connected 37 1

I

473 B.C.

473 B.C.

with o'lTLalh:: see Walde-Hofmann s.v.). Its use as a praenomen is archaic. See Klotz, Rh. Mus. 86 (1937), 220; Munzer, R.E., 'Iulius (301)'; H. Gundel, R.E., 'Verginius (18)'.

2.54.3

desertam ac proditam: 27. I I, 4. 43. 9. A hackneyed lament: cf. Cicero, Verr. I. 84, et al. 54. 9. nuntiant . .. inventum: Genucius doubtless did die in office and a note of the fact may have survived, but the sinister discovery ~f the tribune dead in bed has no older pedigree than Scipio Aemilianus ( 12 9 B.C.; Livy, Ep. 59). Note also the death of M. Drusus in 9I. D.H. 9· 38 has no hint of the murder-plot of the patres. 54. 10. fecisse videri: 8. 15.6,23. 14. L. maintains the atmosphere of contemporary politics by employing the phrase by which in Republican times a judge pronounced judgement. The use of videri in the verdict, besides being an admission of the fallibility of any such judgement (Cicero, Acad. 2. 146) may be supposed to convey both the thoroughness of the investigation and the impartiality of the judge (D. Daube, Forms of Roman Legislation, 73-77). Since fecisse videri is the official formula (cf. Pliny, N.H. 14. 90; Cicero, Verr. 2. 93: other exan:p~es in Mommsen, Strafec~t, 448; Brissonius, De Formulis (173 I), 457) It IS wrong to translate deSIred to be thought its authors' (Foster). Perhaps 'wanted to be found guilty' would be a modern equivalent.

The Murder of Cn. Genucius

2.54. 8

The whole conspiracy (54. 4-ro), which ends with the murder of Genucius and the triumph of the patres, is portrayed in the colours of the late Republic. 54. 4. praetextam: sc. togam. praetexta is often used absolutely for the purple-bordered toga worn by the higher magistrates, but the careful rhythm of the sentence (consularesfasces, curulem sellam) is improved by the presence of togam which could easily have dropped out by haplography after praetextam. pompam funeris: the technical expression for funeral decorations, cf. Nepos, Atticus 22. 4. claris ... destinari: the metaphor is changed from a funeral to a sacrifice. The picture of a victim standing by the altar decked for sacrifice is striking and for L. unusual. clara is the stock epithet for insignia (Pliny, N.H. 16. 7) but infulis velatos (cf. Varro, de Ling. Lat. 7. 24 infulatas hostias quod velamenta his e lana quae adduntur infulae) is evidently not the sacral phrase for the dressing of a victim, since it appears to occur first here, but it is solemn and elevated, as is ad mortem destinari (5. 40. I ; Seneca, Dial. 12. I I. 3; Virgil, Aen. 2. 129). The character of the metaphor and the way it is introduced in indirect speech, conflicting with the previous image, suggest that it may be an adaptation from poetry, perhaps Ennius. It is copied by Florus 4. 2 .9 2 • 54. 5. ad nutum imperiumque: imperium is used widely of behest. The tribunes did not enjoy imperium in the narrow sense. The phrase is strongly reminiscent of Ciceronian expostulations: cf., e.g., Verr. I. 78, 2.67· 54. 6. sibi proponant ante oculos: the received text is the equivalent of vobis proponite in or. recta. The sense would be: 'recall the fate of his predecessors and imagine what will happen if a consul decides to take positive action against the plebs'. Since the ex-consuls are trying to enlist the support of the people, especially the patres, it is more appropriate that they should end their efforts with such a direct appeal to their audience than that they should tamely conclude: 'let any consul who is thinking about taking steps against the plebs reflect on the precedents (proponat)'. A further consideration is that only the plural seems to be used in this oratorical commonplace: cf. 9. 5. 8; ad Herenn. 4.48 vobis ante oculos proponite; Cicero, de Leg. Agr. 2. 53, et al. 54. 7. consilia: 4. 6. 6 n. 54.8. erecta exspectatione: erecta nom. cf. 26. 22. 5.

Volero Publilius The story of ~ olero Publili~s.~s singularly tantalizing. At first sight all seems credIble. The Publrlu were an old family in Rome as their pre~en~e in the Fasti of the consular tribunes testifies (5. 12. ro, 13. 3). It IS lrkely enough that the name of Volero Publilius figured as tribune in some docur~entary record (e.g. in the temple of Ceres) for 47 2 and 47I. UnquestIOnably the year 471 was a turning-point in the history of the tribunate and, whatever its exact content, a so-called Lex Publilia in that year can hardly be denied, even if many of the details are inspired by the activity of the great fourth-century reformer Q. Publilius Philo, the first plebeian dictator. But the story of the appeal itself (provoco) could not possibly have been recorded. It is conspicuously a doublet of the similar story in 27. 12, also involving an Ap. Claudius. It contains patent anachronisms (55. 4 n., 56. 2 n.). Above all, the whole point of it is to illustrate the right of a Roman citizen not to be scourged. Like the case ofHoratius, it gives a pedigree to a contr?versial p~o:edu~e. The issue at stake was whether a magistrate by vIrtue of hIS lmpermm could scourge a Roman citizen. It was only settled at the beginning of the second century by one or more of three Leges Porciae (perhaps, especially, that passed by P. Porcius Laec~, tr. p.l., in ~99; C~cero, ~e Rep. 2. 54; Broughton, M.R.R. AppendIX). It IS admIttedly ImpOSSIble to determine precisely the contents of the law but the ancient references are unmistakable. L. says (ro. 9· 4) pro tergo civium lata videtur and Cicero corroborates that by saying (pro Rab. Pd. 12; cf. also Sallust, Catil. 5 I. 2 I) : Porcia lex virgas ab

37 2

373

2.

55.

I

473 B.C.

473 B.C.

2·55· 4

55. 1. sub hac . .. victoria: The uncertainty of reading in most passages makes it almost impossible to determine the difference in meaning between sub with abl. and sub with acc. Here the implication is that the patres took advantage of their victory to announce the levy, i.e. that there was a causal connexion between the two events and this may also be the force of sub with abl. at 27. 15. 8 sub adventu Hannibalis concessere. sub with acc., however, generally denotes one event following immediately after another, where sub with abl. would allow a time.. lag. In any case there is no need to change the case here. dilectus edicitur: 28. 5. 55.2. ad antiqua: 3. 9~I4 n. 55. 3. nihil auxilii: 54· 9· quattuor et viginti lictores: I. 7 n., 3· 36. 3 n. This does not conflict with the fact that there werc only 12 fasces, since the fasces were held by the consuls in alternate months. During the month when one consul did not have the fasces, he was still attended by lictors. eos ipsos plebis homines: 'and plebeians at that'. Lictors had to be citizens, because of the important role they played in certain ceremonials such as Manumission and the sessions of the Comitia Curiata (Mommsen, Staatsrecht, I. 333 n. I ; cf. edict ap. Dio 48. 43 fL~TE 8oDAOV pa{38ovX ELV ) • nihil . .. : 'no force could be more contemptible or less capable of resistance, if people had but the spirit to despise them; it was every one's imagination which made them terrible and awe-inspiring'.ea (neuter) refers loosely to the lictors considered as a force. 55.4. Voleronem: the history of the praenomen is doubtful. Like Volusus (cf. Volusius) it may be connected with valere and be a very ancient

Latin name (Mommsen, Rom. Forsch. L 45). For the Publilii cr. 5. 12. 10 n. quod ordines duxisset: 23.4,7.41. 4; cf. also ordinem ducere 3· 44· 4. The use of ordines = centuriae seems to belong to army slang (I.L.S. 206 (Claudius); Tacitus, Annals 2. 80: see E. Bickel, Rh. Mus. 95 (1952), 109-1 I I). But to make Publilius a centurion is in any case an anachronism. It is not known whether a man who had held rank as a centurion had a right to refuse to serve in a lower grade unless he had been demoted for some disciplinary reason. It had, however, been a burning issue in 171 B.C. when twenty-three centurions on being called up appealed to the tribunes of the plebs. The case was discussed in a contio during which one of the centurions, Sp. Ligustinus, made so moving a speech that the memory of it was recorded (42. 32-34). The case of Publilius is founded on it. 55.5. spoliari . .. et virgas expediri: 8. 32. 10,29.9.4. spoliari = 'stripped'. L. employs the official police language. Cf., e.g., Cicero, Verr. 5. 161 ; Val. Max. 2. 7. 8. 'provoco' inquit 'ad populum' Volero: the word-order with the separation of inquit from Volero (25, 18. 6, 33. 13. II) is effective. It stresses both provoco and populum, marking the importance and significance of the appeal. virgis caedi: 36. I n. circumscindere: only here in Latin, perhaps coined by L. because it sounded pseudo-technical. 55. 6. clamitans: L. has carefully built up the dramatic excitement of the scene. The crescendo is marked by emphatic word-order and the urgent use of the historic infinitives (circumscindere, spoliare). The storm breaks ~ith Publilius' appeal to the mob which is couched in lively, colloqUial terms. For fidem imploro cf. 23. 8 n.; adeste .. . adeste, the very ancient form of invoking the help of gods (2.6. 7; Horace, Epod. 5.53; Catullus 62. 5) or men (Sallust, Or. Lep. 27; Catullus 42. I adeste, hemdecasyllabi: cf. Prinz in Thes. Ling. Lat. 923. 80-925. 49), is strengthen:d by the repetition (ef. Val. Max. 4. I. 12 concurrite, concurrite). PartIcularly pathetic is the use of commilitones. It is only used by L. ill speeches (3. 50. 5 n., 6. 14· 4, 22. 59· 10, 28. 19· 8, 25. 38. 6, 25· 7· 3, 24.30.8) which shows that he employs it for special effect. That it was a sentimental term is obvious from its meaning; ef. Suetonius, Julius 67 nee 'milites' sed blandiore nomine 'commilitones' appellabat. Like the English 'comrade', L. felt it to be a form of address employed by one member of the lower classes to another. Note the chiastic shape of his last sentence (nihil est • .• opus est) ending in a monosyllable (5. 54· 7 n.). 55. 10. audaciam: 4. 2. I I, the Senate apply to Volero the standard term of political disparagement used in the late Republic by

374

375

omnium civium Romanorum corpore amovit. The argument is clinched by a coin of the moneyer P. Porcius Laeca (c. 104): 'soldier cuirassedwith sword stg. 1. and placing his hand on the head of a togate figure behlnd him, lictor holding fasces; in ex., PROVOCO' (= Sydenham no. 57 1 ). The anecdote, therefore, was 'developed' as the justification for these laws. (Bleicken's view that the Leges Porciae were concerned not with the question of scourging but with the extension of the privilege ofprovocatio in the provinces takes no account of the ancierit evidence.) The personality of Volero Publilius may, then, be real enough; but this incident in his life must be fiction based on important constitutional issues. See J. S. Reid, ].R.S. I (19 II), 68-99; Mommsen, Strafrecht, 44; A. H. McDonald, ].R.S. 34 (1944), 19-20 ; J. Bleickeil, R.E., 'provocatio'; W. Hoffmann,R.E., 'Publilius (10)'; E. S. Staveley, Historia 3 (1955), 416-18; ]. Bleicken, Zeit. Sav.-Stift. 76 (1959), 33 2 -77.

473 B.C.

471 B.C.

the boni against populares whom they suspected to be plotting the overthrow of the existing order. See Wirszubski, J.R.S. 5 I (196 I), 12 ff. 55.11. ira: abl. 56. 2. post . .• habito: 'postponing his own resentment to the public interest' (Baker). The tmesis does not occur elsewhere in L. (cf. 7. 36. 10, 8. 34. 2) but is frequent in the writing of other historians (Tacitus, Hist. 3. 64; Sallust, Jug. 73. 6) and may be a feature of the historical style. ut • . . fierent: 58. I n. L. fails to distinguish between plebs and populus. At this date a tribune had no standing to introduce measures ad populum. sub titulo: 3. 67. 9. Cf. also the judgement on the censorship in 4.8.2 ff. 56. 4. actioni: the proposal made by the tribunes. cum: the train of thought is: the patres resisted with all their might and, although they could not secure the co-operation of a tribune to use his veto, the proposal was so momentous that the struggle was spun out for a whole year. The real reason for the delay is given by D.H. 9. 48 who preserves the valuable fact that there was a severe epidemic that year. nec quae (neque N) una vis ad resistendum erat: 4. 26. 3, 5. 9· 7, 30. 16. 3, 44. 20. 3. The order is nec posset adduci ut. molimine: only here in L., elsewhere molimentum (5. 22. 6), but found also in Lucretius, Ovid, and Horace. It would, however, be misleading to label the word 'poetic'. The -men termination is of more ancient origin that -mentum and it is therefore natural that such words, being more striking and more emphatic, should be at home in a passage where L. is underlining the epoch-making character of Volero's proposal and in the artificial language of poetry where metrical considerations also play a part. See LOfstedt, Syntactica, 2. 297; Schmidt, Beitriige Liv. Lex. (1888),4;]' Marouzeau, Mem. Soc. Ling. 18 (1912), 148 . 56.5. ad ultimum dimicationis: I. 15. 2. Ap. Claudium Appifilium: 3.33.7 n. He is probably to be identified with the Decemvir but historians preferred to separate the two personalities, a respectable consul in 471 and the monstrous Decemvir. His character and behaviour duplicate throughout that of his father (23-27). His reactionary attitude is in keeping with the legendary vetus atque insita Claudiae familiae superbia (Tacitus, Annals I. 4). It is likely that this picture owes much to the work of Valerius Antias. Cicero knows nothing of the early Claudii; indeed, even in his attack on Clodius,· he disregards their very existence-which at least is guaranteed by the Fasti. Valerius, on the other hand, took a lively

interest in them because the Claudii and the Valerii were natural counterparts in the politics of the age of Sulla. See especially 16. 4 n., 23. 15 n., and references there cited. invisum infestumque: 5. 8. 9, 26. 39· 15· 56. 6. sic
37 6

377

2.55.

10

2.5 6 .5

2.56.9

471 B.C.

471 B.C.

the ellipse of tam above, is only employed in conveyed direct speech (3.2.9, ro. 25· 2, et al.). The purpose of it is to give heavy emphasis which the monosyllable cras might evade. It belongs to spoken not to written language (cf. Petronius 15. 5; Aul. Gell. ro. 24. 8; Klotz on Bell. Risp. 2. 2). ego hic aut . .. : note the ponderous word-order. The oath belongs to the original story; cf. D.H. 9. 48. I. The following sentence is punctuated in the editions occupant tribuni templum postero die; consules .... Besides an unnecessarily emphatic word-order with postero die at the end of the colon, this precludes what was the obvious course of action for the tribunes to adopt. In order to secure a hearing they had to secure the rostra before the arrival of the people. They would do so overnight. On the next day the contio gathers: occupant tribuni templum,o postero die consules .... Compare the action of Clodius and Milo in 57 (Cicero, ad Att. 4· 3· 4)· 56. 10. templum :3. 17. I, 8. 14. 12. templum denotes properly any space marked off by the regular augural ceremonies. Here it is applied to the platform from which auspicated assemblies were addressed, later to be known as the Rostra when rebuilt and decorated with the beaks of ships which C. Maenius, consul in 338, captured at Antium. L.'s terminology, therefore, carefully avoids any anachronism (cf. Cicero, de Inv. 2. 52; in Vatin. 24), unlike 4.17.6 (n.). The site has been identified with a rectangle of red tufa found in the lowest level of the Forum. See Chr. Hillsen, Rom. Mitt. 20 (1905), 29 ff.; K. Schneider, R.E., 'Rednerbilhne'. See also I. 18. 6 n. submoveri ... : Laetorius orders all who were not entitled to vote to remove themselves from the comitia. praeterquam qui ... ineant: Laetorius might be objecting to the presence of persons not entitled to vote because of their age (adolescentes) or because they were patricians (nobiles). Although the latter suits the tone of the passage better, either objection would be C.nachronistic since the situation presupposes a recognized assembly in which patricians had no vote and such a purely plebeian assembly was the result of the Lex Publilia passed later in this very year (see below). adolescentes nobiles: late Republican colouring. The semi-organized groups of upper-class 'teenagers' were, like students in Middle Eastern politics, a potent force in the city. Q. Cicero advises his srother adolescentes nobiles ut habeas vel ut teneas (de Petit. Consul. 6). They figure prominently in Sallust's portraitofCatilinarianRome (Catil. 17· 5-6). See the good remarks of C. Seignobos, de Indole Plebis Romanae apud T. L., (1882),41-45. viatori: the attendant of the lictor. 56. 11. non . .. populi sed plebis: 35· 3· 56. 12. illum ipsum: sc. magistratum, the consulate. Appius' argument

is that not even consuls could by virtue of their office order people discedere. He could only request them. How much less right, then, had tribunes to issue such orders. The argument is based on a linguistic quibble. si vobis videtur, discedite, Quirites: it is generally assumed that discedite is used technically of the division or vote in the comitia centuriata (or, later, tributa) , as described in Asconius' commentary on the pro Cornelio (p. 7r. 12 Clark): 'cum id solum superest ut populus sententiam ferat, iubet eum is qui fert legem discedere: quod verbum non hoc significat, quod in communi consuetudine, eant de eo loco ubi lex feratur, sed in suam quisque tribum discedat in qua est suffragium laturus'. If that is the meaning the formula is very curious. A magistrate in fact gave a simple order to vote (cf. Asconius cit. sup. ; Cicero, de Leg. 3. I I) and his order will have been conveyed in the unvarnished imperative discedite. si vobis videtur has no place with it. On the other hand the senatorial address to the magistrate would have been couched in the polite placet ut ... si eis videatur (cf. Donatus on Terence, Adelph. 51 I ubi enim aliquid senatus consulibus iniungit addit 'si eis videatur'; 22. 33. 9, 25· 4r. 9, 26. 16. 4; often abbreviated in inscriptions to s. e. v. : Mommsen, Staatsrecht, 3. 1027 n. 2). Mrs. Henderson (].R.S. 47 (1957),85) suggests that the instruction in L. 'is an ignorant confusion of the magisterial imperative with the senatorial address' and that the whole anecdote with its linguistic quibbles was designed 'to prove a limitation of the consul's imperium'. The legalistic wrangle has no place in D.H.'s narrative but since it forms the kernel of the whole incident it is more likely that D.H. has omitted it because the technicalities were too obscure to be appreciated in Greek than that L. has invented it. If, then, it goes back to L.'s sources, men who, unlike L., were in touch with live politics and knew the workings of the assemblies, it becomes incredible that they could have made such a confusion or, at any rate, could have based such an argument upon it. In fact, if discedite is to be taken as meaning 'vote', one must assume that L., unfamiliar with Republican procedure, has misunderstood and confused something in his source. He made comparable blunders over senatorial procedure (r. 32. 12 n.). In that case nothing follows about antiquarian quibbles to prove the limitations of imperium. In this unsatisfactory position, a second solution might be entertained. Appius is arguing that the tribunes have no right to order the dispersal of people. His argument is a fortiori. He, a consul, has no right pro imperio. How much less entitled are the tribunes. Discedite, therefore, ought to be used not in the technical sense of 'to vote' but in its literal sense 'to disperse'. That discedere was used officially in the literal sense is indicated by the solecism cited by Quintilian I. 5. 36 si plures a se dimittens ita loquatur 'abi' aut 'discede'; cf. also L. 3. I I. 4-,

37 8

379

2.

56.

12

2.58.

471 B.C.

471 B.C.

49. 5· The words should then be a prefatory formula at the opening of an assembly requesting those who had no right to attend to depart and those who were entitled to be present to distribute themselves in a convenient manner for listening. See also Mommsen, Staatsrecht, 3. 390 n. 1. facile [et] contemptim: contemptim must be taken with disserendo, facile with poterat. Unless we are to suppose with Cornelissen that another adverb has fallen out (facile, (superbe,) et contemptim ... disserendo ... poterat: cf. 37. 10. 2), we must delete et (so first Duker, not Drakenborch), an easy haplography. 56. 14. hominum: concitatae multitudinis is to be taken in apposition with hominum. The accumulation marks the growing excitement of the situation, an effect which is lost by deleting either hominum (Forchhammer) or c. m. (Ernesti). Note the double 7TEpt7T~THU (violatus esset ni ... and certatum foret ni) and the terse word-order coorta pro tribuno

58. 1. tributis comitiis creati tribuni sunt: how had they been elected previously (33. 2 n.)? L. gives no hint except that the new system hindered the patricians from influencing the elections per clientium suifragia,

an allusive reference to what D.H. 9. 41 calls specifically JK TijS eppUTptUKijS .pTJepoepop{us, ~v oi 'Pwp.ufot Kvptiinv KuAOVGtV. The annalist tradition, then, was that the tribunes were elected by the comitia curiata (so also Cicero). It is true that in such an assembly organized by family and birth it was possible for the great houses to control the votes, but the revolutionary character of the tribunate rules out the idea that such an assembly could ever have been employed for the elections. The tribunes were officers of the plebs, not the populus: they had secured such recognition as they had by force, not negotiation. It is, therefore, necessary to reject the notion that the comitia curiata was ever used for the election of tribunes, as an attempt by some second-century constitutionalist, aware that the comitia centuriata could never have been the electoral body, to find a respectable origin for the institution and election of tribunes. The tribunes must have been chosen at some unofficial assembly of the plebs-a concilium plebis, probably based on a tribal organization (21. 7 n.). The first step to secure official recognition was to form the tribal assembly into a legitimate comitia. It was this which was achieved by the Lex Publilia, wrongly so called since the law must have been the result of a decision by the comitia centuriata to which the Senate had given its auctoritas. The comitia tributa is not attested before 471 : it features increasingly in the sources thereafter for the election of minor magistrates (Tacitus, Annals 11. 22), less certainly for the election of the consular tribunes (5. 18. 1-2 n.), for certain acts of legislation (3. 71-72) so that the Lex Valeria Horatia of 449 recognizing the decisions of the comitia tributa (3. 55. 3 n.) may be partly grounded in fact. The patricians would not have been slow to see the advantages of a tribal assembly over the cumbrous machinery of the centuriata and were prepared to accept a compromise proposal which, although it gave a certain measure of de iure recognition to the tribunes, promised also to be of great benefit to themselves. In other words the Lex Publilia brought into being a legitimate comitia tributa, side by side with and sprung from the unofficial concilium plebis. It would, of course, have been recorded in the Annales. See further Ihne, Rh. Mus. 28 (1873),353 ff.; Mommsen, Rom. Forsch. 1. 177 ff.; Staatsrecht, 3.148; U. Kahrstedt, Rh. Mus. 72 (1917), 258 ff.; G. W. Botsford, Roman Assemblies, 271-3; H. StuartJones, G.A.H. 7.450-6; H. Siber, R.E., 'Plebs'; A. G. Roos, Med. Kon. Nederland. Akad. Weten. 3 (1940); E. S. Staveley, Athenaeum 33 (1955), 3-31; R. Sealey, Latomus 18 (1959), 526. numero ... additos tres: it was advanced above (33. 3 n.) that Piso was right in saying that the tribunes were originally only two in number and that L. had derived this information not from first-hand consultation of Piso but through Valerius Antias. Here again there is no reason to suppose that L. has himself studied Piso. Piso's views would have

380

381

2.

56.

12

x

in consulem esset. x

56. 15. Quinctius' attempts to assuage the tempers of the plebs and of the tribunes have much in common with the arguments urged by Seneca in the de Ira. Both depend ultimately on a common stock of rhetorical commonplaces which L. draws on to fill out an idea. Hence L. repeats them at 8.32. 14. darent irae spatium = Seneca, Dial.

5· 25· 2. 57.2. advocabantur: contrast 3· 63· 7. 57.3. There is nothing in D.H. 9. 49 corresponding to the pleas of the Senate and the protestations of Appius and L. has put into their mouths, as so often, rhetorical cliches suited to the mood and the occaSlOn. dum . .. rem publicam: inspired by Sallust, Jug. 41. 5, unless both authors derive it from the resources of the many orators' handbooks which were circulating in Rome and were popular in the schools. The thought goes back ultimately to Thucydides' analysis of Stasis (3.82); cf. also Seneca, Epist. 104. consules tribunique: see G.Q.. 9 (1959), 212. 57. 4. prodi ... deseri: 54. 8 n. non . .. deesse: since L. elsewhere shows a detailed memory of the first Catilinarian speech (1. 46. 5 n.), it is likely that he was here inspired by Cicero's famous disclaimer non deest reipublicae consilium neque auctoritas huius ordinis: nos, nos, dico aperte, consules desumus (3). Sacro monte: 33. 2 n.

I

2.58.

58. 2

471 B.C.

471 B.C.

been cited by Valerius. It is, however, less certain whether Piso was right in saying that the number was now raised to five. Diodorus I I. 68. 8 writes: T6TE 71pWTW<; KaTEUTa8Tjuav o~f-Lapxot TETTapE<; raw<; 2tK{VW<; Kat An;Kw<; NEf-LETWpW<;, 7TP0<; OE TOVTOt<; MapKO<; L!OV{;\AW<; Kat 27T6pw<; , !K{AW<; (J4ldAW<; codd.). Diodorus' account of 494 is missing, but the word-order proves that he is not saying that tribunes were first instituted in 471 but that four were. In other words he agrees with Piso and other authorities on an original number of two. Diodorus' names agree with those given in L. by Piso except for the last name of all, L. Maecilius. The name itselfis unobjectionable, being of Etruscan derivation (Schulze 185, 204; cf. C.I.L. 10.4155) and being the name of another tribune in 4.48. I and of a legate in 23. 31. 6 (215), but the similarity ofMaecilius to Icilius favours the belief that, if the traditional number of tribunes was raised from four to five for political motives, M. could easily be a duplication. The main reform of 471 was the creation of the comitia tributa and the election of tribunes by that assembly. At this date the only tribes which were politically significant were the four urban tribes since the drift from the land had not yet begun. So the number four is certainly to be connected with the four urban tribes. At a later date, when the Servian constitution was the subject of tendentious interpretation, antiquarians were at pains to conceal the radical nature of the tribunate and tried to explain the historical number of ten tribunes by correlating it with the five Servian classes (3. 30. 7 n.). The next step was to suppose that the original number was five, or at least that it was increased to five in 471 B.C. See further Niese, De Annal. Romanis, (1886), 13; E. Meyer, Hermes 30 (1895), 1-24; Mommsen, Staatsrecht, 2. 274-6; Beloch, Rom. Gesch. 270 ff.; E. Taubler, Hist. Stud. (1921) ; Lengle, R.E., 'tribunus plebis'. 58. 2. Cn. Siccium: the form of the name is unanimously agreed on by the manuscripts here and in 61. 2, whereas Diodorus calls him ra{o<; 2tKLVW<;. The difference may be significant. Siccius was the patrician form, Sicinius the plebeian and, since Licinius tvfacer seems anxious to introduce Sicinii wherever possible (40. 14 n.), the presence of a Siccius points to a different source (Schulze 231). L. Numitorium : a very old Roman family-name, connected with the legendary king of Alba Longa, Numitor. The family never achieved great prominence in Rome. Other than this tribune (and perhaps his son, P. Numitorius in 3. 45. 4, but see below) they can only produce a moneyer, C. Numitorius (c. 115) who came to a violent end in the disturbances of 87, and his son, of equestrian status, mentioned by Cicero (Verr. 5. 165). There are, therefore, no grounds for doubting the historicity of this man (Munzer, R.E., 'Numitorius' (3) and (4)). M. Duilium: the orthography of the name is doubtful. Originally Duilius, it is found contracted to Bilius as early as Polybius (I. 22. I,

23. I) and the false etymology from duellum led to a pseudo-archaic form Duellius becoming fashionable in the late Republic (Cicero, Drat. 153 with Kroll's note; Quintilian I. 4. 15). The manuscript evidence from L. is conflicting (see Conway's apparatus here) but on balance it favours the spelling Duilius which is inherently likely since L. tends to reach back beyond the antiquarianism of the late Republic to the traditions of the late second century. The family produced one great figure, C. Duilius cos. 268, and the whole of their history is influenced by his shadow. Sp. Icilium: a Latin name (Schulze 44-1) which, beyond a few epigraphic occurences (C.I.L. 3. 15017; 8.16954), disappears completely from history after the author of the Lex de Aventino publicando (3. 31. I n.). It must, therefore, be genuine. All four names appear again in the list of ten tribunes elected after the Decemvirate (3. 54. 12 n.). That list is so suspicious that one may believe that a record of the election of ten tribunes was preserved but without names which were supplied from prominent plebians mentioned in the period, in particular from the college of 471. The absence of a Maecilius in 449 is further evidence that he was only inserted at a late date in 471. 58. 3. Volscum Aequicumque : from the Annales. 58.5. odio [quod]: see C.Q. 9 (1959),214.

I

382

2.

58.6-59. The Army of Appius Claudius The picture of the demoralization of Appius' army owes much to the misfortunes of a later Ap. Claudius, praetor in 89, pro-praetor thereafter, who had the allegiance of his army filched from him in 87 by Cinna (Livy, Epit. 79). Ap. Claudius had also been impeached by a tribune (Cicero, de Domo 83; cf. Appian B.C. I. 65; 2 Gronov. ad Cicero, in Cati!. 3. 24), so that the circumstances are sufficiently alike for his career to have furnished some materials for the shadowy figure of his ancestor. There is nothing in D.H. 9. 50. 3-7 corresponding to the detailed account of Appius' behaviour as described in 58. 7-9. Cf. also Val. Max. 9· 3. 5; Appian, Ital. 7; Frontinus 4· I. 34· 58. 6. certamen animis imbiberant: i.e. animum certandi imbiberant. imbibo is found elsewhere in L. at 47. 12, a case of 'unconscious repetition' (I. 14. 4 n.). segniter, otiose, neglegenter, contumaciter: apparently ordinary adverbs but they may stand for familiar military offences if any reliance can be placed on a passage in the Digest (49. 16. 6) where it is said that the type of act punished under military discipline is omne quod aliter quam disciplina communis exigit committitur, veluti segnitiae crimen vel contumaciae vel desidiae.

471 B.C.

471 B.C.

58. 7. pudor ... metus: 36. 3 n. tardius ... iru:edere: 33. I. 5, technical for 'slow march' ; cr. Vegetius, Mil. 3.6. adhortator: 7.32. I 1,9. 13.2,22.5.7, apparently coined by L. and only adopted by Apuleius. For the scene cf. 45· 37· 9· motam remittere industriam: a difficult phrase. It is taken to mean 'all relaxed the effort which they had been making on their own initiative'. It is more natural to take sua sponte with omnes ... remittere than with motam but the sense is less apt. The troops were prepared to work on their own but resented Appius' encouragement. But movere industriam is ill paralleled by movere bellum, indignationem, &c. and notam 'which he noticed' (Clericus, Art. Critic. 3. r. 4: cf. Cicero, ad Att. 8. I I b. I ; Amm. Marc. 27. ro. ro) is attractive. 58. 8. tacite: with exsecrari, echoing 43· 9· 58. 9. 'twitting the centurions from time to time and calling them tribunes and Voleros' . Volerones: 13. 8 n.

(Varro, de Ling. Lat. 5. 90). For the rank see Fiebiger, R.E., 'Duplarii'; for the form of the word Lambertz, Thes. Ling. Lat. s.v. decimus quisque: the earliest recorded decimation, but it will hardly have been preserved in any documentary source. As with many Roman institutions an archetypal example was created to provide a precedent for subsequent practice. It is notable that the first historically reliable instance occurred during the operations of Ap. Claudius Caecus and Q. Fabius Maximus Rullianus in Samnium in 296 (Frontinus 4. I. 35) and the coincidence of names is striking. That the origin of the punishment was mythical is made plain by Cicero, pro Cluentio 128. For later examples see Polybius 6. 38. 2 with Walbank's note and]. Sulser, Disciplina (Diss. 1920),56.

2.58.7

59.2. Fabianus exercitus: 43.7 If. 59.3. expressa vis: 13.4 n. 'this compelled them to exert themselves and fight', a very strained phrase. vis should be the force which compels the troops to fight (cr. Curtius 4. I I. 2 nulla vis subegit sed iustitia expressit ut ...), not the force which they display in fighting, and what is extorted should be the resolve to fight, not vis. The passage appears hopeless: Cornelissen's experrecta vis (cf. Cicero, pro S. Roscio 141; in Pisonem 27) loses the Livian expressa. alioqui: a certain correction by Ruperti: for tantum ... alioqui cf. 37.46 . 6 . 59. 4. nihil infractus ... animus: the standard phrase-a cliche of the Stoics to judge by Seneca, Epist. 28. 8. Cf. also Tacitus, Annals 4· 28. 5, 15.63.3 (of Seneca) ; Hist. 5.26. r. ne utique : 'on no account to put his authority to the test'. imperium oboedientium: 5. 3. 8 n. (an Ap. Claudius again) an echo of the sacramentum. 59. 7. signaque et ordines: an anachronism from later formations. The juxtaposition is common but always in the form ordines signaque (27. r. ro), signa ordinesque (27. 14. 7), or signa et ordines (9. 27. ro, 30. 34. ro, 33. 9. I), and in view of the force of -que et (r. 43. 2 n.) there seems no adequate explanation of the double copula here. -que should be deleted. 59. 8. per stragem : 9. 40. 14, Livian battle colouring. 59.9. proditorem desertorem: the conventional terms of opprobrium for soldiers. Cf. Caesar, B.G. 6. 23. 8; Tacitus, Annals 2. ro. 59. 11. duplicariosque: soldiers who were allotted double rations (7. 37. 2) or double pay (23. 20. 2) as a reward for acts of heroism 38 4

2.

59.

1l

60.2. actae praedae: ea omnis: see C.Q: 9 (1959), 212. The plural is used of the variety of spoil gathered: cf. r. 5. 4,5. 12. 5, 24. 2 et al. For the allotment of spoil see 42. I n. 60. 3. sibi parentem, alteri exercitui dominum: 4. 42. 8, a piece of sentimentality displayed by the armies ofthe late Republic which gradually merged with other similar concepts into the symbolic ideal of the Princeps as Father of his people. In the Republic, however, the general as father to his army is to be sharply distinguished from compliments in other spheres like patriae parens. Thus Cn. Calpurnius Piso became so popular with his troops ut sermone vulgi parens legionum haberetur (Tacitus, Annals 2. 55.4; 3· 13. 2) and Caligula was called castrorum filius et pater exercituum (Suet. 22. I). See A. von Premerstein, Yom Werden und Wesen des Prinzipats (1937), ro2; A. Alfoldi, Mus. Helv. 9 (1952), 208. For dominus see Syme, Roman Revolution, 155. 60. 5. patribus ex concilio submovendo: it is argued that the manuscript reading may be defended and explained if patribus and submovendo are separately ablatives of instrument (Lofstedt, Syntactica, 2. 163 n.; Schmalz-Hofmann 597; Pettersson). The only passage adduced to support this interpretation is Cicero, de Domo I ut ... cives remp. bene gerendo religionibus sapienter interpretando remp. conservarent but the difficulties of that text are considerable (see Klotz, Glotta 6 (1915), 215) and the arguments which Nisbet puts forward for supposing it to be corrupt and to have read something like remp. bene gerendo religiones, religiones sapienter interpretando remp. are compelling. Similar considerations apply here. An inspection of the Mediceus shows that the termination ib. was a correction made by Ratherius himself and that the original reading was patres. It is possible that both go back as variants to the Nicomachean recension but in any case patres is clearly to be preferred here. patres: it was only a theoretical truth that patricians were excluded 814432

cc

471 B.C.

470 B.C.

from the comitia tributa (ef. Laelius Felix ap. Aul. Gell. 15· 27· 4) since from 200 at least no attempts were made to debar them from attending. Their very numbers would have made their influence negligible. This comment reflects the typical antiquarian rationalization of the second century. See E. S. Staveley, Athenaeum 33 (1955),4-7· virium ... additum ... demptum: for the choice of words ef. 56. 16.

the respectable reactionary from the monstrous tyrant, created two separate individuals. This was a very late creation, probably no earlier than Valerius Antias. D.H. 9. 54 has two accounts of his death: officially he committed suicide but ai. 7Tpaa~KavTES ailTliJ alleged that he was struck down by disease. L. may have abbreviated for the sake of simplicity or D.H. may have found in Aelius Tubero the cynical gloss of Licinius Macer on the decent obituary of Valerius Antias. The Decemvir did commit suicide (3. 58. 6). 61. 9. laudationem . .. impedire: 47. I I n. Since Ap. Claudius did not in fact die now but survived to compass his own death, detested and abhorred by plebs andpatres alike, and since laudations in public were a late development of what was originally a private ceremony in the family or gens (Tacitus, Annals 13. 17) this detail must be an invention springing from some imaginatively written laudationes such as family historians evidently delighted to compose (Cicero, Brutus 61, 62; 8. 40. 4). The pattern may be surmised from the Elogia of the Scipios and other leading personages. See Walbank on Polybius 6. 52 ; F. Vollmer, Jahr.f Phil., Suppl. Band 18 (1892),446-525. tribuni plebis ... conarentur: see Conway's apparatus, but the plural is demanded both by D.H. 9. 54. 6 and because an unadorned tribunus for tribunus quidam would be intolerable. How the tribunes tried to prevent the laudatio is not clear since the speaker did not have to be a magistrate or to have obtained a ius contionandi, but the legal point should not be pressed.

2.60·5

61. 1. Ti. Aemilio: T. Aemilio codd. Titus Aemilius codd. at 3. I. I. Diodorus I I. 69. I Titus, I I. 74. I Tiberius. D.H. 9· 51. I, 59. I Tiberius. It is likely that the consul of 470 is the same as that of 46 7 and that the authorities thought so too. In which case the praenomen Ti. should be read in both places of L. 61. 2. causamque possessorum publici agri: 41. 3 n. diem dixere: 35· 5 n.

The Trial

of Ap.

Claudius

An incidental interest of the section lies in the fact that it evidently inspired the Emperor Claudius who, perhaps in A.D. 47, delivered an attack on contemporary legal practice and especially against reliance on adventitious aids to arouse pity (Bert. Griech. Ur. 61 I; see]. Stroux, Sit;:,. Bay. Akad. (1929) ; F. von Woess, Zeit. Sav.-Stift. 51 (1931),336 fr.; D. M. Last, Latomus I7 (195 8),481 - 2). 61. 3. iudicium populi: 35· 5 n. 61. 4. modum egressum: cf. Tacitus, Annals I I. 7, 13.2; Quintilian

9· 4· 146 . 61. 5. vestem mutaret: the habit of accused persons putting on mourning dress and allowing their beards to grow was indeed a feature of criminal trials of the late Republic (ef. Cicero, pro Plancio 29) but since shaving was not known in Rome before 300 B.C. (Pliny, N.H. 7. 2 I I ; ef. Aul. Gell. 3. 4), all accounts of such squalor reorum must be rejected as apocryphal. It is remarkable that early mentions of it seem connected with the Claudii (3.58. I, 6. 20. 2). They may have originated the custom in the fourth or third century. See Marquardt, Manuel,

18. 2. 63-64. 61. 6. spiritus: 'arrogance' not 'gusto' (ef. Pindarico spiritus ore in Prop. 3. 17.40 with which Shackleton Bailey compares Quintilian 10. 1.61) or 'spirit' (35. 8). 61. 7. diem •• . prodicerent: a misinterpretation of the usual procedure before a iudicium populi which required three separate meetings at stated intervals. Appius has already spoken at one (= causam semel dixit) but before the next is due he dies. The confusion is probably a mistake by L. himself. See 35. 5 n. The nature ofthe trial is unknown. 61. 8. morbo moritur: 3. 33. 3 n. Historically the consul of 471 was identical with the Decemvir, but family loyalties, wishing to divorce 386

2.

61. 8

62. 1. tempestas: clearly a prodigy and recorded as such. Cf. 2 I. 58. 8. 62. 5. id: the retreat of the Sabines to a fast place seemed to be an admission of defeat. Valerius accepted it as such and retired to Rome, although leaving the war in fact far from completed. The last four ~ords present difficulties. If inde is local; (9.43. I; Cicero, de Orat. 3· 75) and governed by decedens, integro ... bello must be an abl. abs.: 'while the war was still incomplete'. Such an abl. abs. is not found and integro bello could naturally be an abl. after decedens (34. 47. 5 decedere pugna; ] ustin 18. I. 6 cedere proelio ; Dictys 2. 38, 4. 6), in which case inde must either be temporal 'thereupon', which would unique in that position in L., or cbd Kawau with decedens which would be harsh. It is a superfluity which could well have arisen from 'integro [indeJ decedens'. 63. 2. agrariae legis: introduced to maintain the continuity of atmosphere; see 41. 3 n. 63. 3. coacti ... ab senatu: the language is loose and imprecise. The Senate did not give orders to the magistrates: it -gave recommendations (Mommsen, Staatsrecht, 3. 1022 fr.). L., however, frequently 38 7

469 B.C.

468 B.C.

speaks as if the Senate did order the consuls to take certain actions (8. 13. I) so that Niebuhr was being over-sensitive in reading coacto extemplo senatu here. 63. 5. Antium: 33· 4 n. virtus militum ... neglegentia consulis: a psychological explanation typical of L.'s battle-descriptions. Cf. 48. 5, 6. 22. 6. 63. 6. Antium _.. opulentissimam: 50. 2 n. The exaggeration betrays the partiality of the authority, as also may the mention of the port of Caeno, unless it was recorded in the Annales. Caeno does not occur in any other place. It has left no trace in Strabo, Pliny, or the geographers and although it has been plausibly identified by Ie Bas with Nettuno (see also Nissen, Ital. Land. 2. 627; K. Lehmann-Hartleben, Klio, Beiheft 14 (1923), 190 and n. 3), it must have been a place familiar only to a man intimately connected with the area.

Epaminondasexhausted the guard of Onium throughout the night and attacked them at dawn (Polyaenus 2. 3. 4). Some of the details recur in other stratagems. Agis (I. 46) terrified the Peloponnesians by making his pack-animals neigh and whinny in the night, while Antipater, Agesilaus, and Eumenes are all recorded to have deceived their enemies by mounting camp-followers on asses and pack-animals (4· 4· 3). 64. 11. fremitus: often of horses as well as of men; cf. Lucretius 5. 1076; Caesar, B.C. 3. 38. 3; Virgil, Aeneid I I. 607; Tacitus, Germania 10. The scene is undoubtedly picturesque but the Scholiast on Statius, Theb. 9. 207 (frementem) exaggerates when he says poetis licet equis

2.

63. 3

64. 1. pacis ... sollicitae pacis: for such repetitions cf. 2. 9· 3, 4· 44· 13, 27· 12·5, 5· 54· 4 (Pettersson). 64.2. interesse . .. noluit: D.H. 9. 57. I knows nothing of such passive resistance. It was devised by L. to perpetuate the theme of Stasis. A quorum was not required at meetings of the assemblies. similem annum priori consules habent: seditiosa initia, bello deinde externo tranquilla: tranquilla to be taken gramatically with initia but the sense

is rather 'the opening of the year was full of agitation but, when the threat of war arose, the rest of the year was trouble-free'. 64. 3. Crustuminos: 1. 9. 8 n. 64. 6. salubri mendacio: such timely lies playa decisive role in many heroic battles. The Battle of the Standard was won by a precisely similar cry (Scott, Tales qf a Granrifather, 1. 27 ff.). The tone is thus set for the character of the fighting which follows. It is in L. 's best manner, with touches of epic and of contemporary jargon mixed together to create the effect almost of a ballad. But a comparison with D.H. shows that this is all L.'s workmanship and owes nothing to actual poems on the subject. dum se putant vincere vicere: Conway compares Aeneid 5. 231. Both doubtless go back to a common source in older epic. 64. 8. tacitis indutiis: 18. 11. 64.9. tertiafere vigilia: 25. 1. 64. 10. Hernicorum: in compliance with the treaty of 41. I n. canere ... iubet: D.H. has no hint ofthe stratagem. It seems, therefore, likely that L.'s source has introduced it to improve the account of the battle. He will have taken it from one of the many anthologies ofstratagems. Frontinus distinguishes a special category of ruses designed to secure the most favourable moment for battle by exhausting the enemy and obtaining a good night's sleep for the troop; cf. the ruse by which 388

humanos sensus dare. aures agitante: 'teasing their ears'. A strong expression, for which one should compare Seneca, Epist. 56. 7 aures ne quis agitet sonus. It does

not appear to occur before L. 65. 2. post principia: 3. 22. 6, a technical term of Roman Republican army formation transferred to the Volsci. It denotes the position immediately behind the first line. Cf. Sallust, Jug. 50. 2. 65. 3. virtute militumfretus, loco parum fidens: 7. 12. 4, 32. 10; loco dat. cf. 3. 18. 8. The language is typical of the easy generalizations of soldiers (cf. Bell. Hisp. 16. 3 or Amphitryo's military exploits in Plautus 2 I 2 ff.) and, besides gratifying L.'s interest in the psychology of battles, gives something of a flavour of a communique to the narrative. 65.4. saxa . .. ingerit: 9. 35.4,27.18. 12; Sallust, Jug. 60.6; Curtius 4.4. 13; Tacitus, Annals 2. 81. 2. The absence of the word from Cicero and Caesar in this sense suggests that it is peculiar to the historical genre. 65. 5. restitere . .. ,. deinde ut obtinentes locum vires ferebant, audent ultro gradum iriferre: N. The sense is clear. When the troops had secured a good footing they gradually recovered strength and began to counterattack. vires ferebant is meaningless and the conjectures do not satisfy (vires rifecerant Weissenborn; vires terebant Harant; vires rificiebant Madvig; vim pro vi riferebant Conway; vires terrebant Brakman; vires recipiebant M. Muller (9. 3. 10); vires exserebant F. Walter (Phil. Woch. 57 (1937),334; vim repellebant Bayet). The interchange of the letters and alteration off to c produces the right word-revirescebant 'they began to revive'. Parallels are abundant but cf. Cicero, de Provo Cons. 34; Phil. 7· 1. 65.7. ceciderant animi: only at 1. 11.3 (n.) in L. The phrase, exclusively confined to poetry (Virgil, Aeneid 3- 260; Ovid, Fasti 3. 225; Met. 7. 347, I 1. 537), and the dactylic close to the book conspire to recall the epic character of the struggle.

467 B.C.

BOOK III Introduction The third book is the central book of the first Pentad and within its framework the story ofthe Decemvirate and the fate ofVerginia occupy the central position (33-54). That such an arrangement is n.ot fortuitous is suggested by two considerations. Books 2-4 deal with the hundred years from 510 to 404. The chronologic~l middle of that period is the years 451-450, the years of the Decemvlrate. The.rest ~f the material is so compressed or elaborated that the Decemvlrate IS structurally as well as chronologically at the very heart of the work. Secondly, for L., who throughout the first five books is preoccupied with the problem of acquiring and safeguarding libertas., the whole episode is the clearest illustration of the three o~t.standl.ng.d~ngers which beset a newly independent people-the ambitIon ofmdIVlduals, the jealousy of classes or factions, and the hostility of outsiders. Book 3 is concerned with the need for restraint on the part of the government (moderatio), if libertas is to be upheld, but it closes with an illustrati?n that a corresponding restraint on the part of the governed (modestza) is also required-the theme of Book 4. Such at least would .seem to be the implication of his comment (65. II):. 'adeo m?deratlO tue?dae libertatis, dum aequari velIe simulando Ita se qmsque extolht. ut deprimat alium, in difficili est cavendoque ~e metuant hommes metuendos ultro se efficiunt, et iniuriam ab nobiS repulsam tamquam aut facere aut pati necesse sit iniungimus aliis.' The book falls into three main sections:

1-3 2. The proposal of C. Terentilius Harsa and the events leading up to the embassy to Athens. 33-54. The Decemvirate. . 55-7 2. The aftermath culminating in the speech of T. Qumctius. 1-8. Wars with the Aequi and the Volsci The first eight chapters form a continuous section dealing prima~ily with foreign affairs. They follow abruptly the end of the precedmg book. In particular the casual mention of Antium as an opportuna et maritima urbs (I. 5) is remarkable after the elaborate account of that city in 2. 63. 6 and the refugee move~ent from An~ium to the Aequi implied in 4.3 is utterly at variance.with the narratIve of 2: .65: 6--7. A similar discrepancy can be detected m the reference to AemillUs 39°

3. 1-8

earlier activities (I. 2 n.). On the other hand, the section has much in common with the previous Licinian passage which ended at 2. 51. 4. The Fabii return to power (I. 1 n.). Political catchwords such as largiendo (I. 3 n.) reappear. The impression that L. has abandoned Valerius Antias in favour of Licinius Macer again as his principal authority from the beginning of the book is confirmed by the citation of Valerius as a variant source at 5. 12 and the implied citation of the same variant at 8. 10 (n.). Other possible additions from the same source are found at 3. 10 (n.), and 4. 1 (n.). L. has made little attempt to create an artistic unity out of his material but the increased wealth of details which the Annales now supplied (I. 6 n., 5. 14 n.) would have made it difficult for him to have done so without taking considerable liberties with the facts. As it is, a comparison with D.H. reveals that L. and D.H. have followed different but related traditions (2. 1 n., 3. 10 n.), and that L. has streamlined the data which he took over (4. 4 n., 5. 8 n.) and confined himself to the essentials. See Soltau 160-3: Burck 9-14; Klotz 253-8. 1. 1. Antio capto: 2. 65. 7. For the form of connexion between books by the repetition of words cf. 5. I. 1,23. I. 1,24. I. 1 (I. Nye, Sentence Connection (1912), 136). Ti. Aemilius: 2. 61. 1 n. hic erat Fabius tQuinctus qui unus: Quinctius is nonsense and is generally assumed by editors to be a dittography of qui unus (Madvig, Conway). It might be a corruption of Quintus caused by the rarity of a postponed praenomen. The phenomenon of a praenomen following the nomen is, however, found in Livy as well as of the nomen following the cognomen (4. 23. 1 n.). It certainly occurs in verse (e.g. Ennius, Annales 304 V.) and in some half-illiterate inscriptions (C.I.L. 12.831) but, outside L., there are no prose examples other than Varro, de Ling. Lat. 5. 83 Scaevola Quintus, which is corrupt. There is one undisputed instance of the mutation in L. (2. 32.8 Menenium Agrippam) but there the praenomen was sufficiently obsolete to make the change easy (cf. 4. 17. 2 n.). At 30. I. 9 the Puteanus reads sub Lucretio Spurio and at 29. 2. lithe Puteanus and Spirensis traditions preserve Cornelium Servium but in both passages, as at 7. 22. 10, the manuscripts are probably at fault. Besides the present passage, the archetype also read Fabius Quinctius at 3.29.7 and Fabius Quintum at 10. 22. I, where Quintum can scarcely be right. Palaeographical arguments encourage emendation throughout but some caution is advised by the case of Menenius Agrippa and the disputed text of I. 56. II. In the latter passage the archetype read Tarquinius Sextus . .. ut ignarus ... esset rem taceri iubent but the humanist correction Tarquinii, ut Sextus . .. [ut] ignarus ... esset, rem taceri iubent appears in most texts. There is, in any 39 1

467 B.C.

467 B.C.

case, no justification for Bayet's hie erat qui. The problem is discussed by Mommsen (Rom. Forsch. I. 41) and G. Lahmeyer (Philologus 22 I I. That Fabius would have been impossibly young for a consulship ifhe was only a boy at the time of Cremera is a reflection not on the reliability of the Fasti but of the traditional account of that battle. 1. 2. iam priore consulatu: there is no whisper of Aemilius' activity in 2.61-62 although it is treated extensively by D.H. 9. 51. L. may have suppressed it for artistic reasons but the inconsistency could be explained by the change of source. agrarii: those who hoped to gain from the agrarian law. in spem ... erexerant: 29. 14. I, 33· 3. 12. It is favoured by Cicero (de Domo 25; Phil. 3. 32). Notice the variation of tenses (erexerant . .. suscipiunt ... manebat). utique; 'could be accomplished in any event with the assistance of the consul'. 1. 3. principem civitatis: the language of first-century politics. For most Romans of the late Republic the term principes (civitatis) described the collective body of ex-consuls. Cicero himselfusesprincipes as a synonym for omnes consulares (Phil. 8. 22, 14. 17). princeps (civitatis), on the other hand, was a value term applied to the man judged to be the most prominent or influential of the principes (de Drat. I. 225 (L. Licinius Crassus); Deiot. 31 (M. Aemilius Scaurus); de Domo 66 (Pompey); Brutus 80; ad Fam. 3. I I. 3). L. conforms to this Republican usage. For principes as omnes consulares cf. 2. 2. 8, 16.5,46. 7, 3. 12. 1,4.6.6, 5. 25· I 1,5.30.4 n.; for princeps, besides the present passage, cf. 2. 16. 7 (P. Valerius) and 6. I. 4 (Camillus). There is no hint of the Augustan conception of Princeps, the ruler in all but name, which owed something at least to Cicero's de Republica. See Syme, Roman Revolution, 10, 3 I I, 5 I 9; L. Wickert, R.E., 'Princeps' with bibliography; H. Drexler, Maia 10 (1958), 243-80. largiendo; 2.42.6 n. The whole phrase is a proverbial commonplace (Otto, Sprichworter; cf. Seneca, de Clem. I. 20. 3; Epist. 16. 7 de alieno liberalis sum). 1. 4. ductu et auspicio; technical, echoing the formal announcement of the campaign. The phrase implies that the army was personally commanded by the holder of imperium. When the general was only a legate of a magistrate with imperium, he would be said to lead the army (ductu) but the auspices would be those of his superior. As a result he was not qualified to celebrate a triumph. So in an inscription from Lepcis (Ehrenberg and Jones, Documents, no. 43) ; Marti Augusto sacrum auspiciis imp. Caesaris Aug. pontijicis maxumi patris patriae ductu Cossi Lentuli cos . .. liberata civitas Lepcitana.

See also 3. 17.2,42.2,5.46.6,6. 12.6,40.52.5; Plautus, Amphitryo 196, 657; Bell. Alex. 43. I. agri captum ... aliquantum a Volscis esse; the reading capti transmitted from archetype destroys the meaning of the sentence. The emphatic position of the opening words shows that Fabius is recalling an historical fact ('the previous year Quinctius captured some land from the Volsci'), and not merely treating of an existing situation ('there is some land captured the previous year from the Volsci'; cf. 42. 4. 3). Cobet's captum is certain. Assimilation of endings is responsible for other corruptions in L. (3. 15.8 n., 19· 6 n., 4. 47· 3 n.). 1.5. [propinquam] opportunam et maritimam urbem: Madvig objected to the three adjectives on the ground that L. never writes a tricolon with a copula only between the second and third members (i.e. A, B, and C). His formulation of the rule is too rigid (Emendationes 82). Emendation cannot eliminate passages like 44. 43. 6; cf. 5. 13. 6 n. A more valid objection is that propinquam is both untrue and otiose. Antium was over 40 miles from Rome so that it could only be said to be near in so far that it was readily accessible (opportunam). propinquam is probably a Nicomachean gloss on opportunam. For the conjunction of opp. and mar. cf. 27. 30. 3, 45. 30. 4; Cicero, de Rep. 2. 5; but note also 41. 24. 8 opportuni propinquitate ... sumus. civitatem in concordia fore: Fabius sounds one of the themes of the book (16. 3, 24· I I, 33· 8, 52. 2, 54· 7,57· 7, 58. 4, 65· 7) which is resumed and elaborated in the great speech of Quinctius at the end (67-68). But the connexion of the Fabii and Concordia is older than L. and goes back at least to Licinius (2.47. 12). 1. 6. triumviros agro dando creat; 4. I I. 5, 5. 24. 4, 8. 16. 14, 9. 28. 8, 10. 21. 9, 32. 2. 6. L.'s terminology is technically incorrect. Their title historically was iiiviri agris dandis assignandis (Lex Lat. Bant. 15; Lex Agr. 15) and they were not 'created' by the consul (hence Gronovius' conjecture creant) but were elected in elections held by the praetor after the passing of a special lex or plebiscitum (10. 2 I. 9, 34. 53· 2: so also the inscriptions cited above). Such inexactitude is, however, typical of L. It is clear from the wealth of circumstantial detail of magistrates, plagues, and prodigies which now begins to fill the pages ofL. that for this period the contents of the Annales survived in a fuller form. The iiiviri would have figured by name there. For Verginius see 2. 63, for Furius 2. 56. The names have the added chance of being authentic in that 'the iiiviri who had founded a colony became the hereditary patrons' (Badian, Foreign Clientela, 162). Squared-stone tvfa masonry at Anzio may belong to the colony or to the later settlement of 338 (Giovenale-Marchetti, Not. Scav., 1897, 240-1). 1. 7. fecit . . .fastidium copia: proverbial, cf., e.g., Plautus, Trin. 67 I. Volsci: according to D.H. the other participants in the colony

39 2

393

3.

I. I

(1865),468-75). qui unus; 2. 50.

3.

I.

4-

467 B.C.

466 B.C.

were Latins and Hernici, not Volsci. That view is inherently more probable and the mention of the Volsci by L. may be explained as a misunderstanding of the fact reported by D.H. (7. 13) that the Volsci were allowed to retain part of their possessions in the city after its capture by the Romans. 1. 5. is venerat: abrupt and unexplained. D.H. 9. 59 devotes much more space to Fabius' activities which suggests that L. has abbreviated his materia!' The detail came from the Annales.

Plague came from the east, not the west. It is, however, certain that malaria first became seriously endemic in the northern Mediterranean during the fifth century (W. H. S. Jones, Malaria and Greek History, 23-40; A. Celli, Die Malaria; Clerici, Economia e Finanza, 26 n. 4) and round Rome malaria was encouraged by the draining of the salt-lakes at Ostia, since the Anopheles does not breed in salt water, and by the extent of the Pomptine marshes. That fact taken in conjunction with the total disappearance of several communities occupying strategic positions in Latium during the century (e.g. Ardea, Laurentum, Gabii, Longula, Polusca) is a strong indication that at least some of the reports are to be identified as malaria. In particular, the epidemics among the Volsci in 490 when they were operating in the Pomptine area and among the Gauls in 390 who were encamped in the lowlying and swampy parts of Rome, together with the singling out of the cultores agrorum as victims in 433, look like malaria. But malaria does not attack animals (453, 428, 399) and it must be assumed that in addition to a regular malaria curve several 'famine-plagues', perhaps of the typhus species with murrain, also attacked the population. In particular anthrax, the only disease known to attack cattle and men, which certainly existed in Italy in Nero's time and being a persistent disease might have been active for centuries previously, is a serious candidate. See also Kind, R.E., 'Malaria'; Hofmann, R.E., Supp!., 8, 'Pomptinae Paludes'; H. Zinsser, Rats, Mice and History, 104-49; E. Kornemann, Intern. Monatsch. 14 (1919), 491 ff. D.H. 9. 60. 8 adds a further fact from the Annales that Postumius dedicated the temple of Dius Fidius (Ovid, Fasti 6.213-18).

3· r. 7

2. 1. Sp. Postumio: 2.42. 5 n. stativa habuit castra: see C. Q.. 9 (1959), 217. morbo: the nature of this and other plagues mentioned in L. cannot be established with certainty. They were certainly recorded in the Annales since the measures taken to avert them (3. 7. 8 n.) were of importance pontifically, but no detail of symptoms is given. L. notices the following cases: 49 0 pestilentia ingens (2. 34. 5; cf. 2. 35. 8). 4 66 4 63 annus pestilens urbi agrisque (3. 6. 2; cf. 6. 5, 7. 7-8, 8. 13. 2). 453 pestilentia foeda homini, foeda pecori (3. 32. 2). 437 pestilentia, inopiafrugum (4. 20. 9). 436 pestilentia (4. 21. 2). 435 pestilentior inde annus (4.21. 6). 433 morbo implicitis cultoribus agrorum (4· 25· 4). 432 vis morbi levata (4. 25. 6). 43 1 morbo (4. 26. 5). 428 stragem pecorum, volgati in homines morbi (4. 30. 8). 412 pestilentia minacior quam perniciosior (4.52.2). 4 11 pestilentem annum inopiafrugum (4· 52.4). 399 pestilens omnibus animalibus aestas (5. 13· 4)· 39 2 pestilentia in agro Romano (5. 31. 5). 390 Gallos pestilentia urgebat (5. 48. 2).

I,

9· 7,

3.

2. r

The First Aequan War

Little help is provided by contemporary Greek records. There is evidence of plague or malaria in Ionia in 494 (Herodotus 6. 12), in Sicily about 475 (Pindar, Pyth. 3. 66), in Athens between 460 and 450 (E Aristoph. Equites 84; cf. I.G. 12 .31; Plutarch, Pericles 37. 4), of typhus in Athens from 430 to 427 ('The Great Plague'), of malaria in Athens in 422 (Aristoph. Vespae 277, 281, 813) and, presumably, in Sicily in 413, and of typhus in Sicily in 396 (Diod. Sic.). These dates, except for 428, scarcely correspond with the Roman epidemics. The worst decade at Rome was 440-430, at Athens 430-420, but the Great

2.2. extra ordinem: 8. 16.5. Until the Lex Sempronia of 123 B.C. it was the responsibility of the Senate to designate the provinces to be held each year. It was then for the consuls to draw lots (sortiri; 2. 58. 4) or to reach a mutual arrangement (comparare inter se) for the allocation of the provinces. In times of crisis it was open to the Senate to recommend the direct appointment of the consuls to particular provinces (6. 22. 6, 6. 30. 3, 7. 23· 2, 10. 24· 10, 37. I. 7, 38. 58. 8; sine sorte, sine comparatione, extra ordinem provincia data) in order to secure the fittest man for the task. In still later times the will of the people was liable to override the formal procedure and to dictate the appointments. Although the machinery dates from an early period, the notice about Fabius is questionable. 2. 3-5. For the chronological problems of the section cr. 3. 10 n. Fabius' message is a finished product of rhetorical technique which contrasts with the crudity ofthe direct speech attributed to the Aequan

394

395

465 B.C.

465 B.C.

in 8-g. The two speeches, the suave Roman against the uncouth foreigner, are deliberate counterparts and, being placed at the very opening of the book in a dull and disconnected series of engagements, raise the reader's expectation. Notice the careful antitheses: pacem . bellum, armata quam pacatam, nunc testes, mox . .. ultores, paenitere . quam pati hostilia, si paeniteat . . . sin periurio gaudeant, dis magis iratis quam hostibus. The chiastic ex Aequis Romam, ab Roma Aequis and the alliterative perfidia et periurio are also striking. quorum . . ..fiat is an indo question dependent on testes. se tamen etiam nunc malle governs the rest of its sentence, sua sponte referring to the Aequi not to Fabius (se). Characteristic of the formality of Fabius' style is the use of dextera which L. only employs 9 times instead of the contracted dextra which occurs 40 times. For receptum ad clementiam ef. Cicero, pro Lig. 30. 2. 6. in Algidum: the first mention of the dramatic and commanding pass by which the Via Latina passes through and out of the Alban crater (see map). This was the earliest and for long the only route to the south because it ran up the natural slopes of the lava-flow, whereas any road from Rome circumnavigating the crater and going through the Praeneste Gap had to run across the grain of the country in a series of switchbacks. The pass was the scene of numerous engagements with the Aequi and Volsci, because it was a prize which gave the possessor control of the communications (23. 5, 25. 6, 27. 8, 30. 3, 4· 26. 3, 45· 6). It ceased to be of importance to Rome, and so to be mentioned in history, after Camillus' decisive victory over the Aequi in 389. L. only uses the phrase in Algido (-um), but the term came subsequently to cover the range of hills stretching from Tusculum eastwards above the pass. There was, however, never a city of the name, despite D.H. 10.2 I, I I. 3. See HUlsen, R.E., 'Algidus mons' ; T. Ashby, P.B.S.R. 4 (Ig07), 3 ff.; 5 (IglO), 409 ff. 2. 8. ostentare : the jibe is commonplace but elsewhere ostendere is used (I. II. 5, 2.44.12; Tacitus, Rist. 3· 48, 3.78; Pliny, Epist. 2.7.2). The frequentative underlines the vulgarity of the speaker. 2. 9. crastino die: 2. 56. 9 n. erit copia pugnandi: the use of the future in first place without et after a preceding imperative is typical of the spoken word; ef. 5· 51. 5 (Camillus). ne timete: 'be not a-feared'. The harshness of the plain ne with the imperative for ne with the subj. or nolite with the infinitive is remarkable. Outside Terence (Andria 868), legal documents which often preserve archaic forms (22. 10.5), and Virgil (e.g. Aeneid 6. 544, where Servius comments antique dictum, nam nunc 'ne saevias' dicimus; ef. Norden's note), the construction is only found in two other places of classical literature (Seneca, Contr. I. 2. 5; Dial. 2. I g. 4: both characterizing). See Wackernagel, Vorlesungen, I. 2 14.

2. 10. longam: predicative. corpora . .. curant: g. 37. 7, 34. 16. 5. Stacey regarded the phrase as poetical since it is used by Ennius, Ann. 368. But Servius commenting on Georgics 4. 187, shows that curo is the mot juste in such contexts without any special flavour, when he writes 'curare corpus' si de hominibus dicamus, et cibo et lavacro intellegimus vel alterutro. Hence it is natural that Petronius should use it in an informal passage of narrative (115). Cf. also Gaius, Dig. 50. 16. 44. ultima audere: I. 48. 3 n., 22. 60. 23. 2.11. contracti ... periculi: 2. 23. 14. 2. 13. Cf. 2. 43· 5.

39 6

397

3.2. 3-5

3.2.

10

3. 1. castris: 'having left a guard on their camp'. egressi is to be taken absolutely as at 5. 21. I. Cornelissen transposed praesidio and castris, taking castris with egressi but the change is superfluous and a preposition would be required with castris. 3. 4. audita incerta: has a proverbial ring; see the commentators on Lucretius 5. I 134-5· cursus clamorque: I. 48. 2 n. Notice the short, staccato sentences mirroring the panic of the situation. captae urbis: I. 2g. 2 n. 3.6. iustitio indicto: 5.4,27.2,4. 31. g, 6·7· I, 7· 6. 12, g. 6, 28. 3, 10. 4. I, 2 I. 3, the temporary suspension of all jurisdiction and legal proceedings in an emergency (Aul. Gell. 20. I; Cicero, Phil. 5. 31). A iustitium could be declared either by the Senate (10. 2 I. 3) or by a dictator (3. 27. 2) and since the duration was not defined, it lasted as long as the emergency. While a iustitium was in force, all the courts were closed and public business came to a standstill. The record of iustitia, being of religious concern, was preserved in the Annales. indicere or edicere is used indiscriminately for the proclamation, remittere or exuere for the termination. See Nissen, Das Iustitium (1877) ; Kleinfeller, R.E., 'Iustitium'. praefecto urbis: I. 5g. 12 n. 3. 9. census: I. 44. 2 n. conditum lustrum: I. 44. 2 n. 3. 10. nihil memorabile actum: a surprising comment in view of the elaborate campaign outlined in 2. 3-3. 8. It is not easy to believe that the census divided the campaigning season and that a full-scale operation was mounted against the Aequi before the census and another one after it. The explanation may be traced to L.'s desire to create unified actions and episodes. In D.H. g. 60 Fabius' embassy to the Aequi is dated to 466. For L., however, that embassy was a perfect counterpart to the Aequan defiance and it was necessary to juxtapose them. To achieve this he transfers it from 466, which is now left without content (2. I), and places it in 465, grouping together other notices

465 B.C.

464 B.C.

and building up a consecutive episode. The distortion (2. 39. 2 n.) is betrayed by his accurate recording of the fact that the Annales had nothing of military importance for the year. See Weissenborn-MillIeI' ad loc.; Burck I I ; Klotz, Rh. Mus. 87 (1938),46.

4.9. quae forma s.c. ultimae semper necessitatis habita est: 6. 19· 3; semper

3.3.10

3· 4· 9

As in the case of the first war L. has compressed and shaped his material. D.H. reports that Furius after his defeat (4. 8) sent messengers to Rome and during the night changed his camp so that th: scene of his defeat and of his beleaguering were different; L. omits the whole night incident and imposes an Aristotelian unity of time and place on the drama. Notice also that it is the Hernici who bring the news (4. 9), not Furius' messengers and that L. has exclu~ed a series ofirrelevant details to be found in D.H. (e.g. a volunteer bngade of 5,000 under Postumius). The effect is to focus the attention on the psychological rather than on the external aspect of the defeat. 4. 7. temere: 2.48.5,5. 18. 7-12. The Romans ex hypothesi cannot possess such un-Roman qualities as faint-heartedness, so that a psychological scapegoat has to be found to account for their defeat.

is tendentious. There is no evidence that there was any precedent for such a S.C. before 121 when on the instigation of the consul Opimius the Senate passed a resolution de republica defendenda notifying the consuls that a situation had arisen which required emergency action to be taken but not conferring upon them any legal powers which they did not already enjoy by virtue of their imperium (Plutarch, C. Gracchus 14; Cicero, in Catil. I. 4). The formula of the S.C. was as given by L. here and more fully by Cicero (Phil. 8. 14; ad Fam. 16. I I. 2; in Catil. I. 4) uti consules rempublicam defendant operamque dent ne quid resp. d. c. The title Senatus Consultum uttimum is not found before Caesar (B.C. I. 5). It might be expected that such a resolution would have its origins in a military emergency before it was adapted to political circumstances, but if there were any earlier precedents Cicero must have invoked them. The present passage is therefore an invention by the post-Gracchan annalists to supply a pedigree for the actions of 121 (Plaumann, Klio 13 (1913), 360; O'Brien Moore, R.E., 'senatus', cols. 755-8). The S.C. ultimum was used subsequently against Saturninus and Glaucia in 100 B.C., against Lepidus in 77, against Catiline in 63, and against Caesar in 49. The invention may be older than Licinius. It may even be due to Piso who was involved in the Gracchan disturbances. But it is interesting that Licinius, L.'s source here, included it, since it is a remarkable instance of his political interpretation of history. negotium daretur (ut) videret: ef. 4· 45· 4. 4. 10. pro consule: ef. 5. 2. 9; a curious anachronism to be compared with the S.c. ultimum above. Since the chief magistrate at Rome was almost certainly known as praetor until 450 (I. 60. 4 n.) and the office of pro-consul was not regularized (8. 26. 7) until the Punic Wars, there can be no doubt that the notice, as it stands, is not original. The tradition, however, that a Quinctius had once acted as general of a Latin army, which did not include Romans, is so strong (ef. 7. 38 . 542. 7) that it cannot be set aside. It is to be seen against the background of information provided by the antiquarian Cincius (ap. Festus 276 L.; see Mommsen, Staatsrecht, I. 35, 662; A. Piganiol, Mel. d'Arclz. et d'Hist. 38 (1920), 285-313; U. Coli, Regnum, 145-68; J. Pinsent, Class. Journ. 55 (1959), 81-85), from which it can be inferred that from an early date Rome's special position in the Latin League entitled her from time to time to appoint one of the two praetors of the league (8. 3. 9; D.H. 3. 34. 3) without contributing a contingent to the army and that the ritual of such an appointment survived and was transformed into the normal procedure for dispatching pro-consuls and pro-praetors to the provinces. L. (or rather his source, Licinius, since D.H. 9. 63. 2 also writes dpxfi Koufl:rlNvTa

39 8

399

4. 1. A. Postumius Albus: 2. 42. 5 n. Furios Fusios scripsere quidam: it is impossible to determine who quidam were. The spelling Fusius is archaic (I. 24. 6) and together with Valesius is likely to have gone out of fashion in 3 I 2 when Ap. Claudius was censor (Quintilian 1.4. 13; Macrobius 3. 2. 8). But the antiquarian revival of the first century popularized the spelling again. Valesius occurs significantly as the form of the name in the Elogium ofP. Valerius Poplicola (C.I.L. 12 • 202). Fusios, therefore, like Vetusius (8. 2 n.) might be either a genuine survival from pre-fourth-century documents or be an example of second- or first-century pedantry. Against the former it must be urged that the addition of the cognomina Albus and Fusus is scarcely credible in official records of the fifth century. I am inclined to believe that the eccentricity is of a kind to be expected from the libri lintei and that L.'s comment substantially reproduces Licinius' gloss on the passage. See H. Jordan, Hermes 6 (1871),201-4; F. Milnzer, R.E., 'Furius'. 4. 3. Ecetranum: 2. 25. 6 n. The Hernici make their report in accordance with the Cassian treaty. confugisset ad Aequos: at variance with the account given at the end of the previous book of the Fall of Antium and therefore from a different source. is miles: the soldiery who had escaped from Antium to the Aequi. 4. 4. sua sponte: with infidos, 'the colonists who were already on their own account disaffected'.

The Second Aequan War

464 B.C.

464 B. C.

a.v8vm£TIt') has blended antiquarian procedure with a known fact a bout the Quinctii to create the S. C. dispatching T. Quinctius pro consule to lead a Latin army. Note that the whole adventure of Furius' rescue by T. Quinctius is strongly reminiscent of Cincinnatus' rescue ofMinucius (26-28), suggesting the reduplication of a legendary Quinctius. The machinery of the Latin League can only be recovered in the broadest outline. Since it was a league not between Rome on the one hand and a bloc consisting of a Latin confederacy on the other, but was a relationship entered into by Rome and each of the Latin states individually, it effectively gave Rome a measure of hegemony which her geographical position and resources warranted. The troops engaged in operations might or might not include a Roman contingent, depending partly on Rome's other commitments and partly on the size and the locality of the danger, but the actions were essentially federal. A small raid by Volscians on the outskirts of Latium was a matter for federal consultation but would be most efficiently tackled by a force raised from the states in the immediate vicinity. This distribution of force under the alliance is obscured by L. who tends to regard the armies that fight federal battles as exclusively Roman (cf., e.g., 4. 37. 4 ff.) or else, in desperate situations when Rome is too preoccupied, exclusively Latin and/or Hernican. The true federal nature of the operations does, however, break through occasionally when Latins, Hernicans, and Romans are reported as fighting in partnership (2·53·4 n.: 475 B.C.; 3· 22. 2: 459 B.C.; 4· 26. 12: 43 1 B.C.; 5· 19· 5: 396 B.C.) or when there is a record of the confederates enjoying their share of the spoil (2. 41. I n.: 486 B.C.; 4. 29· 4: 43 1 B.C.; 51. 7: 4 I 3 B.C. ; 56. I, 6: 408 B.C.). The interesting occasions are those when the confederates are reported as fighting without Roman contingents and with or without a Roman commander. Cincius shows that the commander of the confederate army, known as the Latin praetor, was appointed by some form of rotation from the member-states. How the system worked in detail is not known or whether Rome enjoyed a special position, appointing the commander, for instance, every other year or at times of special crisis. There are three certain cases of confederate action without any Roman participation (2. 53· 4: 475 B.C.; 3.6.4: 463 B.C.; 4. 45. 3-4: 4 19 B.C.) and one curious occasion where the confederates ask to be allowed to take such action (2. 30. 8: 494 B.C.; cf. 3. 19. 8), which, distorted though it is by tendentious propaganda, evidently reflects the fact that the Cassian treaty made allowance for such defensive operations by one of the contracting parties when the situation was not sufficiently serious to merit conjoint action by both or when the other party was prevented for any reason from providing assistance. But the league would appoint a commander annually, irrespective of whether an attack was ex-

pected or whether the city which supplied the commander was likely to be called on for troops. So, in the present passage, it has come to Rome's turn to provide the Latin praetor but she does not provide troops as well. This is all that can be discovered about the workings of the league. For the rest we have a series of notices dealing with the Latin reports of enemy activity (e.g. legati ab Latinis atque Hernicis nuntiabant ...). They occur in 495 (2.24. 1),479 (2. 48. 6), 4 65 (3· 4. 9), 462 (3.8.4),

3.4.

10

400

3. 4.

10

461 (3· 10.8),459 (3· 22. 2), 457 (3· 30. 2), 45 6 (3· 31. 3),449 (3· 57· 7), 43 1 (4· 26. I), 4 24 (4· 36 . 4), 423 (4' 37· 4), 4 19 (4· 45· 3), 4 10 (4· 53· 2), 409 (4· 55· I), and 408 (4· 56. 4). The historian is faced with the choice of supposing that worthless notices have been foisted on to the Annalistic record by antiquarians anxious to reconstruct the early history of Rome from rituals still surviving in their own day or believing that the Annales did record the appointment of the Latin praetor when it was Rome's turn to provide one and so did have a solid kernel. We shall not attempt to sway his judgement. It will depend entirely on his character. 4. 11. subitarios milites: not mentioned outside L. and in L. only at 40. 26. 6, 28. 10, 41. 17. 9 (cf. 41. 10. 3). Probably a Punic War definition retrojected by the Annalist tradition to early times. rep.entina auxilia, 'irregular supporting troops', is not a technical expresSIOn.

5. 1. superante multitudine: cf. Tacitus, Agr. 25. 4 superante numero, 'with their superiority in numbers' (Vahlen, Opuscula, I. 150). multifariam, 'in many places' (5 0.3,21. 8.4,33. 18. 7, 37· 5. I). 5.2. si quafortuna daret: 'wherever fortune allowed'. The absolute use of dare = 'permit' is rare (5. 27. 2; Cicero, de Inv. I. 25) and only secure, because of metre, in Calpurnius (Eel. 4. 118). Elsewhere L. prefers the reflexivefors se dare = 'fortune offered itself' (I. 45· 3). 5. 3. L. Valerius: presumably the consul of 470 (2. 6 I. I) for whom see 2. 41. I I n., since the consul of 449 would be too young. Perhaps an Annalistic notice (I. 60. 4 n.). 5. 4. tumultu: technical; 'a state of emergency'. iustitium: 3. 6 n. 5. 5. decumana: one of the principal gates of the Roman camp, so called because the tenth cohort of each legion was situated there. It lay.farthest from the enemy (Polybius 6.27 with Walbank's note). Furtum legatum: the consul of 472 (2.56. I) and iiivir of 467 (3. I. 6). 5. 6. studio persequendi: to be taken with vidit.

multis saepe: I I. I In. 5. 8. nulla deinde vi sustineri potuere cum compulsi ... obsiderentur .•• venissetque ... ni T. Quinctius peregrinis copiis cum Latino Hernicoque 814432

Dd

3.5. 8

464 B.C.

464 B.C.

exercitu subvenisset: the text as it stands cannot be accepted (Pettersson, Baehrens). If the first cum is rightly reported it must govern obsiderentur, but the clause cum ... obsiderentur with a strong stop after pares cannot be taken with the preceding main sentence since either a causal 'since' or a temporal 'when' is an absurd non sequitur. If, however, a strong stop is put after potuere, and cum is taken to govern obsiderentur and venisset, a main verb has either to be understood or a lacuna presumed. Neither is satisfactory. These difficulties have led editors to emend cum (quin Gronovius, following an earlier conjecture; ut Conway-Walters). An objection to such an emendation is that non sustineri posse, unlike non sisti posse, is never followed by a dependent clause in L. (I. 4 I. 4, 2.47· 5, 7 sustineri deinde vis nequit, 2. 50. 5, 3· 63· 4, 5· 7·4). The deletion of cum is the only remedy, and it is prescribed by the corruption at the end of the sentence where cum must be transposed and put before peregrinis (Seyffert) ; cf. 5. 19. 5 peregrina etiam iuventus, Latini Hernicique. At some stage in the transmission cum was dropped from the text and restored in the margin. Subsequent copyists tried to replace it with the result that it was inserted both before compulsi and before Latino. The 7T€PL7T€T€LU ni ... subvenisset is also embellished by D.H. 9· 64· 3. It is as much a commonplace of Hellenistic battle-descriptions as the picture of the second consul attacking the booty-laden Aequi on their victorious return (repeated in 8. 7-10; 10.36. 16: see H.-G. Plathner, Schlachtschilderungen, 14). 5. 9. jerociter ostentantes: the sight of the general's head impaled has always exercised a dispiriting effect on morale, as it did at the Battle of the Standard (Scott, Tales of a Grancifather, I. 28). Such details were part of the stock-in-trade ofthe military historian. It was a notoriously barbarian habit: examples may be found in Denniston's note on Euripides, Electra 898; cf. also Bacchae 1141 ; Herodotus 9. 78 f. 5. 12. audet •. . Antias Valerius concipere summas: for Valerius Antias see the Introduction; for the inversion of the nomen and the cognomen see 4. 23. I n. L. came increasingly to distrust him, describing him at one moment (33. 10. 8) as immodicus in numero augendo and at another exclaiming that adeo nullus mentiendi modus est (26. 49. 3). A casual glance at the figures which he gives shows that they are purely conjectural, hazarded on the estimated strength of the forces engaged. The figures 12,000 (frr. 30, 31, 35 P.) and 40 ,000 (32,34,36,39) recur like a refrain. He even computed the number of Sabines raped (fr. 3 P.). But his reputation has been unduly tarnished; for he was far from being the worst offender among Roman historians in the matter ofexaggeration. On at least two occasions Claudius Quadrigarius gave substantially higher figures (25, 39. 12: see Volkmann, R.E., 'Valerius (Antias)'; Walsh, Livy, 120).

5· 12 should be considered in conjunction with 8. 10 (also Valerian). In both places the scale of the fighting described by L. leaves no doubt that V.A. is being cited as a variant and is not the authority for the whole narrative. Here L. has to recapitulate the events which he has already related (5· 13 populabundi ... vagabantur ... : multitudinem praedam agentem). 5. 14. ut Romam reditum est, iustitium remissum est; caelum visum est ardere: for the text see C.Q: 9 (1959), 219. The style is deliberately pontifical and unadorned (Pettersson 126 n. 3). caelum ardere: 10. 6. The prodigy is of a recognized and commonly reported type (22. I. 12,31. 12.5,32.9.3,43. 13.3;JuI.Obs. 14, 15, 20, 5 I ; Cicero, in Catil. 3· 18; Seneca, N. Q. I. 15. 5). The technical language shows that the notice comes from the Annales. Apart from the obscure allusion of 2. 42. 10 to prodigia caelestia and the legendary portents in the first book, this is the first certainly recorded prodigy in L. and confirms the impression that the Annales for this period were fuller and better preserved. Before 390 the following prodigies are also mentioned (the references in brackets are to later manifestations of the same prodigy culled from Luterbacher, Der Prodigienglaube, 1880, 26 ff.) :

For further details see Luterbacher op. cit.; Schonberger, Bayr. Blatter fiir Gymn. 55 (1919), 101 ff.; St.-Denis, Rev. Phil. 16 (194 2), 126 ff.; P. Handel, R.E., 'Prodigium'. . aut obversata oculis aut vanas ... ostentavere species: the syntax is awkward If obversata sc. sunt balances ostentavere, and led Nettleship to conjecture audita after aut, 'the delusionary phenomena of visible or audible portents' (cf. 24· 44. 8 alia ludibria oculorum auriumque credita pro veris). The reading would imply that for L. all prodigies were sham sensations

402

40 3

3· 5·

461 (3. 10. 6)

12

caelum ardere. terra concussa motu (4. 2 I. 5, 35. 40. 7, 40. 59· 7; Suetonius, Claudius 22; AuI. Gell. 2. 28. 2). bovem locutam (24. 10. 10, 27. II. 4, 28. II. 4, 35· 21. 4,41. 13· 2, 21. 13, 43· 13. 3; JuI. Obs. 15, 27, 43, 53; Tacitus, Hist. I. 86). carne pluit (24· 10. 7; 39. 46. 5, 56. 6, 42. 20. 5, 43· 13· 5; Cicero, de Div. 2. 58; Jui. Obs. 4, 6, 27, 43, 44)· 45 8 (3· 29· 9) lupos a canibusfugatos (see 21. 46 . 2). 43 6 (4· 2 I. 5) crebris motibus terrae (see above). 4" (4· 49· I) Tiberis super ripas ejfusus (see note; c£ 5. 13. I n.). 399 (5· 14· 3) prodigia. 39 8 (5· 15· 2) lacus in Albano nemore in altitudinem insolitam crevit (see note).

464 B.C.

463 B.C.

(cf. 24. 10. 6) and, although it is true that L., influence~ doubtless by Cicero's de Divinatione, is often prepared to advance ratlOnal explanationsfor observed phenomena (8. 1,5. 13.4; cf. 5· 14· 2) and although, too, his reporting of prodigies is conditioned by the time-honou.red place which they held in Roman historiography (Syme, TacItus, 522-3), yet there are too many passages which .demonstrate th~t the neglect of prodigies was associated by L. Wlt~ re~ultant dI.~aster to individuals and to the state (27. 23.4; on thIs POInt see Stubler, Die Religiositat des T. Livius, 100 ff.; M. W. L. Laistn~r, ~he Greater Roman Historians, 68 ff.; 1. Kajanto, God and Fate In Lwy, 4 6-5 2 ). It is therefore preferable to suppose that in th? present passage, as in 21. 62. I, L. is being delica~ely non-com~Ittal. For obversata, a technical word, cf. 2. 36. 4; CIcero, Tusc. DISP· 2. 52; Suetonius, Claudius 37. 5. 15. Antiates mille: their nationality and numbers suggest the hand of Valerius Antias, and the whole sentence has the air of an a~ter­ thought inserted from a variant source, since n?thing is said of A~tIum in the course of the narrative (4. I I). A mentlOn of the colony In the Annales may have inspired V.A., recalling perhaps the Spartans at Marathon, to work up an incident of local interest. 'First at a fea~t, last at a fray.' Cf. 27.20. 3; Euripides, H.F. ll73; Plato, Gorglas 447 a 2 with Dodds's note; Plautus, Menaechmi 98 9 ; Capt. 87 0 (Vahlen, Opuscula, 2. 297); Tacitus, Hist. 3· 79 (Andresen).

6.1. L. Aebutius: T.f. T.n, a son of the cos. of 499 (2. 19. I n.) and uncle of Post. Aebutius (4. II. I n.) and M. Aebutius (4· II. 5)' P. Servilius: Sp.f. P.n., probably therefore a son of the cos. of 47 6 (2.51. 4 n.) and father of the dictator of 435 ~nd 4 18 (4· 21. 10 n). Kal. Sext.: the evidence for the date of entry Into office of the magIstrates up to 390 may be briefly summarized (Momms~~, Rom. Chron. 80 ff.; Leuze, Die Rom. ]ahrzahlung, 350--62). The tradItional date f~r the first consulate of 509 was I March (D.H. 5. I) but that date IS apocryphal: it was historically pleasi,:~ that the new regime s~ould commence with the opening of the RehglOus Year. An erroneous. Interpretation of the regifugium (24 Fe?) ma~ also have contnbuted (1.60.2 n.). Somewhat more secure IS the eVidence that from 509-479 the entry-date was I September (D.H. 6. 49. 2; Lydus, ~e Mag. I. 38 ). In the matter of Cremera it was ~hown ~hat the divergent dates of Licinius Macer (13 Feb.) and Valenus AntIas (18 J~ly) ~ere both compatible with an entry into office of the consuls dunng either August or September, but that I August (Kal. Sext.) is. pre~erable (2.5 1- 65 n.)-the date specifically given here for 463 and Imphed for 462 by 3. 8.3 (n.); cf. D.H. 9. 13, 14, 25. !h~t date will have per~i~ted until the suspension of the regular constItutlOn by the Decemvlfl on

IS May 451 (3. 36. 3, 38. I). Consular government was restored after more than two years. The exact date is uncertain. Leuze argues that it was I September 449, on the grounds that the consular tribunes who preceded Papirius and Sempronius, consuls in 444 (4. 7. 10-12), had held office for less than three months (D.H. II. 62; cf. L. 4· 7. 3) and that P. and S. began a new era on 13 December (D.H. 16. 63). 13 December is itself a more attractive date (but it is not, in fact, certain that P. and S. held office for a complete year, or even that they held office at all. In any event 13 December became and remained the official date down to 402 (4. 37. 3, 43· 8, 50. 8) when the college of military tribunes was compelled to resign and a new system was inaugurated on I October (5. 9. 8). The sickness of 392 entailed a further change. The consuls resigned (5. 31. 7) before the end of their tenure and a new year was begun on I July with a college of military tribunes (5. 32. I). It is likely that I July remained the opening of the magisterial year at least down to 329 (8. 20. 3). It follows from this evidence, which was probably entered in the Annales, that there was no fixed date for entry into office during the early Republic, but that so long as magistrates held office throughout the year their successors succeeded on the same day as they had done. When, however, both consuls died, resigned, or were superseded, the new government dated the opening of its year from the point where it had taken over. Thus the Decemviri instituted a new year on IS May, Valerius and Horatius probably on 13 December, the military tribunes of 402-1 on I October, those of 392 on I July. It follows that there can have been no machinery for electing two suffect consuls to complete a year in the course of which both consuls or the whole college of military tribunes had ceased to act through death or other cause and thereby lost the auspices, so that when Licinius inserts consules suffecti in 444 (4· 7. 10-12) his restoration is anachronistic and false. The reason for the flexibility of date was religious. No makeshift could carry the auspices over, except temporarily in the person of the interrex. A newly solemnized year had to be commenced. The fixed date was first instituted as 15 March in 222, and I January in 153. 6. 2-3. grave tempus: perhaps a reminiscence of Thucydides' plague description. Notice especially Thuc. 2. 52. 1. Hellenistic historians regarded it as a challenge to imitate and better that account (see the humorous comments of Lucian, Quomodo Historia IS), morbi: 2. I n. 6. 4. Hernici: 4. Ion. 6. 5. ut anno antg: not with veniat, but like ut semper alias with laturos. veniat ut anno are the first surviving words of the fourth-century cr>dex Veronensis for which see .Mommsen, Ges. Schrijten, 7.96-148; \N.]ung, de fide codicis Veronensis (Hanover, 1881) ; C. Knight, C.Q.8 (1914), 166-80.

4°4

4°5

3. 5. 14

3.6.

1

3. 6. 6

463 B.C.

6. 6. riferentes: sc. nuntium. Ver. read reportantes which editors have accepted as a poeticism, comparing Virgil, Aeneid 2. 115 (see Gries, Constancy, 56-57). Such a poeticism would seem to have no function in the minor events with which L. is dealing, nor is reportare necessarily a poetical usage. In late Latin portare usurps the place offerre as the normal word for 'to carry, bear' (Lofstedt, Peregrinatio, 270; cf. Fr. porter) and it is characteristic of Ver. that it substitutes the devalued language of the fourth century for the classical. Cf. 6. 4.5 where Ver. reads contemnentium imperium against aspemantium imperium ofN; aspemor is guaranteed by 25.14.3; Curtius 4· I. 5, 5· 7· 2, 10.2.5, 10.5. 12; contemno is the trivial word. Cf. also 3. 44· 5 n., 3· 61. 13 n., 3· 64· 5 n., 4.54.8 n. 6. 7. agros Romanos: 5· 3 I. 5 n. Gabina via: 2. I I. 7 n. 6. 8. principum, patrum: 5· 30. 4 n. 6. 9. circumitio ac cura aedilium plebi erat: 'the inspection and charge (of the sentries) was in the hands of the plebeian aediles'. Plebeian aediles have not been mentioned before. In origin they were not magistrates at all, but keepers of the aedes Cereris (55. 13 n.). The importance of that temple as the headquarters of the plebs and the wide functions which its keepers performed allowed the gradual transition of aediles from priests to magistrates but the transition did not begin in 463 bu t only after the Decemvirate at the earliest. The present passage must therefore be an anachronism designed to provide an historical justification for the duties of the later aediles which Cicero (de Legibus 3. 7) summarizes as cura urbis, cura annonae, and cura ludorum sollemnium. In particular the use of cura is designed to underline the connexion with cura urbis. Whereas circumitio is a technical term (J ul. Capitolinus 3. 3), cura (with vigiliarum) in the sense of 'overseeing the watch' is not (32.26. 17,39. 16. 10) and the conjunction of the two words led Ruperti to propose circumitionis cura or to delete ac cura as a gloss. But as often (see Dodds on Plato, Gorgias 447 a 2) a technical or metaphorical word is linked with a plain word which modifies or explains it. So here cura interprets circumitio and recalls the cura urbis.

7. 1. deserta omnia: 9. 45. 16. di praesides ac fortuna urbis: I. 46. 5 n. The di praesides (26. 41. 18, 28. 39. 15) are those gods, particularly Juppiter a.M., who have a special concern for the welfare of Rome. L. uses fortuna urbis for fortuna populi Romani here, because attention is directed to the city which the enemy did not dare enter rather than on the people (Kajanto). Note the indicative (quae . .. dedit) suggesting that L. himself believed in the irrational agency of Rome's salvation. 406

463 B.C.

3.7.2

7.2. eorum . .. eorum: for the repetition see examples cited by Shackleton Bailey, Cicero: 'ad Atticum', 28. t~cta ... tumuli: Novak objected that it was the plague, not the imposmgappearanceofRome, which diverted the Volsci and Aequi and, further, that tumuli was a slighting term for the hills of Rome. He, therefore, proposed reading bustaque, taking tumuli of funeral mounds. ~ut the T67TOS of a barbarian being deterred by the mere sight of the CIty was borrowed from the story of Hannibal (26. 10. 3). Even as late as the fifth century A.D. the emotions of Alaric and Genseric were deeply stirred by the prospect of those hills and houses. The hills of Rome are also described as tumuli in 5. 48. 2. C£ Shackleton Bailey, Cicero: 'ad Atticum', 58. 7. 3. quid: with tererent, 'why were they wasting time?'. transversisque itineribus: 2. 39. 3 n. Labicanos: 2. 39. 4 n. tempestas belli: a striking phrase, used again at 3 I. 10. 6 (c£ Statius, Theb. 3· 228). Perhaps taken over from Hellenistic historians since it is a peculiarly Greek metaphor (cf., e.g., Sophocles, Antigone 67 0 ). 7. 4. Romanam urbem: for the usual urbem Romanam, underlining the duty of the Hernici and Latins to their confederates. 7. 5. Tusculano: valle would need to be understood with Tusculana the agreed reading of all manuscripts, including Ver., but the resul~ makes geographical nonsense. The Volsci have marched south-east from Rome, through the Labicani agri to Tusculum. Continuing in the same direction they would descend to the pass through which the Via Latina ran and which was guarded at the east end by the narrows of Algidus (see map). This pass must be what L. calls the Alban valley. If so, the Tusculan valley would have to be a valley leading down from Tusculum to the pass. There is indeed such a route but it merely descends the side of the hill and could not be designated a valley. Tusculano (sc. praedio or agro) must be read. Luterbacher, who retains Tusculana, makes the Tusculan the valley of the Via Latina and the Alban a valley running into it from the south-west near Algidus but the Volsci could not then be said to be descending. 7. 6. M. Valerius: commonly assumed to be a cormption for M'. Valerius (Volusi f. Maximus) the brother ofP. Valerius Poplicola, the dictator of 494, since in the Elogium, quoted on 2.30. 5, Manius is named dictator, augur. It is likely enough that the death of a Valerius, an augur, was recorded in the Annales under this year but the identification of the augur with the dictator need be no more than a guess by the author of the Elogium who in an endeavour to fill out a biography gathered and combined material from every source. It is, in fact, impossible that M'. Valerius Maximus who was already an old man in 494 (D.~. 6. 39· 2) could have survived another thirty years, so that the testimony of the Elogium can be discounted as an antiquarian

4°7

3· 7. 6

463 B.C.

463 B.C.

reconstruction. The only other M. Valerius known in this period, also a brother of PopIicola, was cos. in 505 and was killed at the Battle of Regillus (2. 20. 3). The augur, although not a consular, might be his son. Bibliography and evidence are given by Volkmann, R.E., 'Valerius (243)" T. Verginius Rutilus: Cos. 479 (2. 48. I). The cognomen, which was not recorded in the earlier passage, is given by all the manuscripts including Ver., as Rutilius. The Capitoline Fasti preserve Jet. n. Tricost. Rutil. The cognomen, as in the case of the Nautii, was certainly Rutilus and, despite the Etruscan origin of the Verginii, is to be connected with the colour of their hair (cf. Rzifus) and not with the Etruscan Rutili (I. 57. I n.). Rutilius, however, was the nomen of several persons distinguished in the later Republic, in particular of P. Rutilius Lupus, and it is possible that L.'s sources under that influence actually gave Rutilius as the cognomen, where the Capitoline Fasti were more exact. It would be remarkable that in no single example ofthe cognomen in L. (see the O.C.T. apparatus) was it correctly given by the manuscripts. augures: I. 18. 6 n., ro. 6. 3-8. At this period there were three or possibly six augurs, although the number was gradually raised to 16 (Latte, Religionsgeschichte, 397). The evidence for the early augurate is collected by C. Bardt, Priester d. vier grossen Collegien (Progr. Berlin, 187 I). The Annales supplied material both for the historian and for the compiler of lists such as the Fasti. It is, therefore, an interesting corroboration that the fragmentary list of augurs published by Dessau (I.L.S. 9338) contains the entry: Postu]mius Ai P. nepos Albus [cooptatus L. L]ucretio T j. Tricipitino T. V[eturio T j. Gemino cos. post R. c. an. CCLXX[XXI This shows that the Annales recorded the co-option of Postumius in 462 to fill a vacancy, caused presumably by the death of Valerius or Verginius the previous year. Sulpicius: cos. 500 (2. 19. In.). Servilius is alleged as the praenomen here by Ver., and at 2. 19. I by Nand D.H. 5. 52. I. In both places it may be an accurate report of the libri lintei by Licinius Macer and should be read. curio maximus: cuius auctoritate curiae omnesque curiones reguntur (Paulus Festus I 13 L.). In the old curiate constitution each curia was headed by a curio, one of whose number was appointed president. The office was originally magisterial and the religious duties were incidental. On the expulsion ofthe kings the curiae may even have been the supreme assembly and the curio the leading magistrate. With the supersession of the curiate by the centuriate organization, only the religious functions remained except for a few ceremonial responsibilities such as the

passage of a lex de imperio. Hence the curio maximus came increasingly to be regarded as a priest. Although at first confined to patricians, the office was opened to plebeians in 2ro (27.8. 1-3) and was controlled by the vote of seventeen tribes. As a leading dignitary of the oldest constitution his death would have been recorded. Similar institutions existed in provincial cities until the late Empire. See Kiibler, R.E., 'curio maximus' ; Wissowa, Religion, 402 n. 2,482 n. 2; Botsford, Roman Assemblies, 9-1 I, 341; Momigliano, ].R.S. 53 (1963), I ro. 7.7. inops ... auxilii humani: cf. Tacitus, Hist. 2. 16.3 (Fletcher). 7. 7-8. iussi: the two past participles in asyndeton (iussi . .. evocati) are harsh and not, I think, exactly paralleled elsewhere in L. iussos (Ver.) , on the other hand, with a plural understood from populum, is impossible with deos so near at hand. The reverse corruption is found at 4. 7.3 (usos N, usi sunt Ver.). It is probably best to punctuate, with Madvig and Luterbacher, ... vertit: iussi . .. deum. ad id . ... supplicatum ire: a rhetorical elaboration of a bare fact. L. indulges his fancy, painting a graphic scene of public prayer. For stratae matres cf. Tacitus, Hist. I. 63; for crinibus verrere, a symbol of the meekest supplication, cf. especially Apuleius, Metam. 6. 2. pacem or veniam exposcere belongs to religious phraseology (I. 16. 3, 3. 5· 14,4· 30. 10, 7. 2. 2, 44. 44· 4; cf. Catullus 64· 203; Virgil, Aeneid 3. 26 I ; Val. Max. I. I. I; and a plant prayer in Prec. Herb. 6).

3· 7. 6

408

8. 1. seu ... seu: so also D.H. 9· 60. 7. 8.2. interregna: I. 17. I - I I n. During the Republic, on the simultaneous death or resignation of both consuls, the whole system of magisterial government came to an end and the patres, who were the source of consular as they were said to have been of regal authority, regained control. In such circumstances the patres nominated one of their number, who had to have been a curule magistrate (Asconius, in Mil. 29) and, of course, a patrician, to serve for five days as interrex to reinstitute the magisterial system. The interrex was not himself a magistrate, but a representative of the patres. His office was not listed among the magistracies (Aul. Gell. 13. 15. 4). By virtue of his special prerogatives he selected two candidates whose names he presented to the comitia for ratification. The comitia could either approve or reject the names but no more. If the names were rejected the interrex or his successors continued to submit names until agreement was reached. The nomination by a patrician of only two candidates for approval by the populus was greatly to the advantage of the patriciate, since the populus would tend to accept the nominees rather than face a protraction of a situation in which there was no regular administration (4. 5I. I, 7.22. 2, 28. ro, 8. 23. 14-17). Note that L. invariably, as here, uses the phrase interrex . .. consules creat (4. 7. ro, 5. 31. 9, 6. 1.8,

3. 8.

462 B.C.

462 B.C.

8. 3. 5, 23· 17, 9· 7· 15, ro. I I. ro), indicating that the populus had 'no claim to be responsible for any part of the creatio at such an election' (Staveley, Historia 3 (1954), 199), whereas in elections conducted by consuls or dictators he is liable to employ, in addition to the technically correct consul creavit, dictator creavit (8.37. I, ro. 47. 5; cf. 4· I I. I n.), the inexact populus creavit (4. 2. 7, 16. 7, 5. 14.5,6.22.5), which mirrors the democratic nature of elections under the late Republic. In addition to Staveley's article cited above see also Schwegler, Rom. Gesch. 2. 150 ff. ; Mommsen, Staatsrecht, I. 649 ff. ; Herzog, Philologus 34 ( 18 76 ), 503 ; U. Coli, Regnum, 77 ff. ; U. von Ltibtow, Das Rom. Volk, 188 ff.; E. Friezer, Mnemosyne 12 (1959),308. Other interreges are recorded for 444 (4· 7· ro), 4 20 (4· 43· 9), 4 13 (4· 51. 1),390 (5· 17· 4), and 39 I (5. 3 I. 8). Their names would have figured on the Annales. Lucretium: for the cognomen see I. 59. 8 n. ; for his triumph over Aequi and Volsci see ro. 1-4. His filiation is T.f. T.n., so that he must be the son of the consul of 508 and 504 (2.9. I, 16.2). He was praifectus urbis in 461 (24.2). D.H. adds less credible details which seem to be mere invention, such as that he defended K. Quinctius (9. 7.5) and opposed the Decemvirate (I I. 15.5). See Munzer, R.E., 'Lucretius (28)'. Veturium: a son of the consul of 494 (2. 28. I)? For the variant spelling of his name see 2. 19. I n., and, for its evidence as to L.'s source, 4. I n. He celebrated an ovatio (ro. 4 n.). See Gundel, R.E., 'Veturius (18)'. 8. 3. ante diem tertium idus Sextiles: 6. I n. P. Servilius must have survived until near the end of his year of office, but the confusion caused by the plague delayed the institution of the new year until after I August. 8. 4. Hemicis: 4. ro n. 8.5. procedit: rather thatprodit (Ver.) is the regular word to describe the advance of armies (2. 5. 8, 4. 6. I; Caesar, B.G. 6.25; B.C. I. 80, 3· 34; Curtius 7· 3· 19)· Such telescoping is a feature of Ver. (cf. 3· 57· 7, 5· 23· ro). 8.6. praedonum agmen: incompatible with the large numbers given by the variant source (Valerius Antias) in 8. ro. The strategy of the Volsci, amplified with certain confusion by D.H. (68-69; see Klotz 256), resembles that of the campaign of the previous year. Tusculum and the Alban pass were the key to Latium and so long as the Romans or their allies retained control of it no prolonged threat to Rome could be maintained. 8.7. [in] re subita: a causal abl. is required, as at I. 41. 3 si tua re subita consilia torpent and I. 60. I, not the circumstantial in re kept by Luterbacher and Conway comparing 2.34.5,3.51'4,4.29.6. Ver., which reads res, wrongly adds -s at the end of a word before a succeeding s- at 3· 30. 5, 35· 7, 38 . 4, 4· II. 6, 13· 3, 34· 4, 54· 7,5· 31. 8; cf. 3· 31. I.

Q.. Fabius: cos. 467 (3. I. In.). D.H. 9. 69. 2 calls him Q. Furius but the text is to be regarded as corrupt. Ver. reads praifectus erat urbis: armata againstpraeerat urbi: is armata ofN. N. is right. When L. is giving the title of a man he always employs praifectus, as at 9. 6 a praifecto urbis Q.. Fabio (1.59. 12,60·4,3· 3· 36 , 24· 2, 29· 4, 4· 36. 5) but when he describes the appointment, he uses the verb as at 4. 3 I. 2 Cossus praifuit urbi and 4. 45. 8. So is also is needed. The syntax is exactly parallel to I. 24. 6 fetialis erat M. Valerius; is ... fecit. tuta omnia ac tranquilla fecit: cf. Sallust, Catil. 16. 4. 8.8. exploratis itineribus suis instructum: suis has been taken with itineribus referring to the subject of the main sentence (hostes)- 'having ascertained the enemy's route in advance'-or with instructum-'having his men ready in position' (Doering). The latter is impossible and is not saved even by Madvig's <cum) suis i. Against the former it must be urged that the position of suis is disproportionately emphatic and that the sense is already manifest without it. To delete suis, as was first done by Duker, leaves instructum unevenly balanced with ad certamen intentum and the same objection holds against Alan's conjecture brevissimis. satis (Sorgel, commended by Wolffiin) makes good sense 'well drawn up' but is palaeographically less attractive than subsidiis, for which cf. Tacitus, Annals 2. 80. 6 subsidiis instructi. For instructus et intentus cf. I. 15. 2. 8.10. The exaggerated figures hardly suit the description ofthe enemy band as a praedonum agmen. The detail is evidently, as in 5. 12, supplied from Valerius Antias, particularly since there is mention of signa militaria. It is clear from references in the later books that Valerius took pride in enumerating the number of military standards captured (cf. 29. 4, ro. 14.21,30.2 et al. and see Walsh, Livy, 127 n. 2). 8. 11. tertia: 8. 6, 8. 9. For the triumph see ro. 1-4.

2

3.8.7

9-14. The Lex Terentilia and the Trial of K. Q.uinctius

After having dispensed with the disjointed preliminaries of the book, L. is now free to turn his attention to the first major episode which leads up to the Decemvirate. It is symptomatic of his technique that whereas in Book 2 he underlined the part played by agrarian agitation in the Struggle of the Orders, now he develops a second issue, the power of the supreme magistracy, and actually suppresses the mention of a tribune, Sex. Titius, to whom his sources attributed agrarian legislation (D.H. 9. 69. I). The Decemvirate is to occupy the centre of the stage in Book 3 and the rest ofthe material must be subordinated accordingly. There are no strong grounds for doubting the historicity of Terentilius' motion. His name and proposal would have figured in the records. It was presumably passed as a plebiscitum by the assembly of the plebs but, since at this date tribal legislation was not binding on 41 I

462 B.C.

462 B.C.

the whole populus unless it were confirmed by a lex in the comitia centuriata (55' 3 n.), the proposal could not be put into force. It was subsequently adopted in substantially the same form by the patres in 31. 8 (Staveley, Athenaeum 33 (1955), 23). The content has undergone a subtle metamorphosis. The aim of the radical pressure-group which culminated in the Decemvirate was the codification and publication of the laws, while the strength of the patrician oligarchy lay in their ability to govern by dypaePot VOfLOt. This, and nothing else, was the struggle of the mid-fifth century as it had been a century earlier in Athens. Terentilius' proposal must, therefore, have been, as Mommsen saw (Staatsrecht, 2. 702 n. 2), to appoint quinque viri consulari imperio de legibus scribendis (9. 5) and not, as L. retails it, quinque viri legibus de imperio consulari scribendis. The power and prerogatives of the consuls could not have been subject to such investigation, whereas the Decemvirate ultimately was just such a commission legibus scribendis. The text of L. cannot be corrupt or even fortuitous since L. insists on the nature of the commission elsewhere (9. 2, 24. 9, 3 I. 7; see Taubler, Untersuchungen zur Geschichte des Decemvirats, 54 n. 86) and it must be supposed that a deliberate distortion has been carried out either by L. or by his source. D.H. has no trace of it. The opening sentence sic res Romana in antiquum statum rediit is obscure and ambiguous. Was the 'old condition' that which prevailed before the in:asions of the Aequi or before the pestilence? Such a rough resumptIOn, coupled with the apparent inconsistency between Lucretius'return (10. 1-2) and his actual exploits which involved the defeat of a mere praedonum agmen (8. 6), suggests a change of source and, as elsewhere (cf. 2. 32. 2), the change coincides with the citation of a variant (8. 10). The new source is unquestionably Valerius Antias since Lucretius' triumph is in keeping with the grandiose casualty figures that Valerius estimated and a renewed interest in Antium emerges (10. 8). L. follows him without any sign of intermission through chapter 21. Valerius subscribed to the political reforms of Sulla which were directed in particular to prevent the possibility of a single man with a large army being in a position to blackmail the Senate. The danger re-emerged when in 74 B.C. M. Antonius Creticus was given the command against the pirates. He enjoyed imperium which was equal to that of pro-consular governors in other provinces but was undefined in area, because his operations involved land as well as sea campaigns. Cicero calls it imperium infinitum (Verr. 2. 8, 3· 21 3 with £; see V. Ehrenberg, A.J.P. 74 (1953),117) but he was employing the political jargon of the day rather than the official terminology (Beranger, Melanges Marouzeau, 19-27), and it is the same catchword, the same fear of the military giant who would become the military dictator, that is mirrored in L.'s immoderata, infinita potestate

(9. 4)· In other words, Valerius Antias is to be seen as the person responsible for distorting the proposed Quinquevirate from a legal committee to a constitutional commission for reasons of contemporary political propaganda. See also Soltau 100; Burck 14-17; Klotz 257-9; J. Bleicken, Volkstribunat, 15-16. Instead ofrelating the fate of Terentilius' proposals in one continuous account, L. divides his material into a series of episodes, separated by extraneous events. In that way the interest is maintained and the story carried forward. For the same technique see 2. 22-33. 9. 2. C. Terentilius Harsa: the nomen, given as TEP€VnOS by D.H. 10. I. 5, is found on two late inscriptions from Rome (C.I.L. 6. 27151, 3641 I), but the family may well have emigrated from Praeneste (C.I.L. 12 • 2480). The cognomen is not found elsewhere; Harsa, rather than Arsa, a Hebraic name (I Kings 16. 9), would be indicated by the name Harsidius (C.I.L. I!. 4734) and was the reading of the archetype. Schulze (357) argues for an Etruscan derivation but the cognomen will in any case be a third-century addition. 9. 2-13. L. presents the case for and against Terentilius' bill in two short speeches, reported mainly in indirect speech but breaking out at the end into an effective display of direct rhetoric. The speeches, like the pair in 2. 4-9, appear to be of his own composition since D.H. knows nothing of any opposition led by Q. Fabius and the arguments which he attributes to the tribunes and the aristocratic opposition bear no resemblance to L.'s speeches. As might be expected they consist exclusively of the rhetorical commonplaces characteristic of the late Republic. For the contrast between liberae civitati and dominos cf. Augustus, Res Gestae I ; Tacitus, Hist. 4. 73; for soluti atque effrenati cf. Cicero, de Rep. I. 53; for libidinem ac licentiam cf. Cicero, Verr. 3· 77 ; for the antithesis between lex and libido see Nisbet on in Pis. 94; for minarum atque terroris cf. Cicero, pro Fonteio 34; de Domo 131 ; pro Fiacco 19; for insidiatum (to be taken d7T() KOtVOV with rem publicam) cf. Cicero, pro Sulla 14; Tacitus, Annals 6. 8. 6; for tempore capto adortum cf. ad Herenn. 2. 7 occasio ... idonea ... ad rem adoriendam. Fabius breaks into direct speech with a personal appeal to the tribunes. Similar transitions from or. obi to or. recta, when the speaker turns to address one person particularly, occur also at 6. 6. 12, 15. 9, 8. 34. I I, 24. 22. 17 (Lambert, Die Indirekte Rede, 40 n. I) and mark the peroration. Fabius' plea is highly antithetical (ad singulorum auxilium, non ad pemiciem universorum; tribunos plebi ... non hostes patribus; nobis miserum, invidiosum vobis; non ius sed invidiam). Together the two speeches form a fine setting for the political conflict. 9. 4. immoderata . .. potestate: '(possessed) of unfettered and unlimited power'. metus legum: I. 2 I. I.

3· 9- 1 4

4 12

3· 9- 1 4

3. g. 6

462 B.C.

461 B.C.

9. 6. iugum acciperent: the emendation of the manuscript i. acciperet is preferable to acciperetur (Drakenborch, Bayet) ; for, although L. does occasionally use the passive form of the phrase (4· 37· 5, 37· 36. 5), the active is guaranteed by the repetition in 10. 13 caveant ne i. accipiant. For L.'s habit of repetition ef. 1. 14· 4 n. praifecto urbis Q.. Fabio: 8. 7. infesti circum [in]starent tribunum: there are no certain instances in L. of verbs compounded with two prepositions (W6Iffiin, Livian. Kritik, I I) and circuminsto is not found elsewhere. circum instarent (ef. Virgil, Aen. ro. 118; Statius, Theb. 11. 243) would require the dative tribuno, even if L. ever used circum adverbially (cC 28. 5. ro). 9. 8. conluvione: 6. 3. 9. 10. non illum : sc. Terentilium. non illud, the reading of the manuscripts, would need to be translated 'that, i.e. the prosecution of the consuls, would be to make the tribunes not the consuls unpopular' which is absurd. For the corruption of illum and illud see Bulhart, Thes. Ling. Lat. 340. 59-61. 9. 11. singulorum auxilium: the traditional attitude to the tribunate. In Roman eyes it was set up for the purpose ofprotecting the individual (Cicero, de Leg. 3. 9; Wirszubski, Libertas, 26). 9.12. Notice the Ciceronian clausulae, consulumdifferat (-,-'--v -) and bello institere (- - v -), which L. employs in speeches in preference to the dactylic clausulae of the narrative. 9. 13. dilata in speciem actione: 'for show, for mere display', a favourite expression ofL. (3.40.7,4.42.4,6. 11. 9; Plautus, Most. 123; Caesar, B.G. 5. 51. 3, 7. 23· 5; ef. Shackleton Bailey, Propertiana, 125).

10.1. exposita ... praeda: 5.16.7, ro. 20.16,35,1. 12. Confirmed by the lawyers who add that slaves were returned to their former owners (Pomponius, Dig. 49. 15. 20. I). The spoil was exhibited in the Campus Martius which was technically outside the pomerium, because holders of imperium could not enter the city with their armies except for a triumph (6. 16.5). The principle is illustrated by Cicero's predicament at the end of 50 B.C. (ad Atticum 7. 7. 4). For the disposal of praeda see 2. 42. I n. 10. 4. triumphavit de Volscis Aequisque: the record of the triumph is preserved independently by the Fasti Triumphales (Degrassi, Inscr. Ital. 13.537) where the relevant entry is restored as: [L. Lucretius T.f. T.n. Tricipitinus ann. CCXCI] [cos. de Aequeis et Vo ]ls[ceis] [T. Veturius T.f. -n.] Gemin[us Cicurinus an. CCXCI] [cos. ovans de Aequ]eis et [Volsceis]. The story of tribunician opposition to it is, however, based on the common experience of the late Republic (ef. Cicero, loco cit.).

For the difference between a triumph and an ovatio see 2. 16. I n. 10. 5. P. Volumnius: the Volumnii were plebeian of Etruscan extraction (Schulze 258: cf. velimna: there was a sepulchre of the Volumnii at Perugia), althQugh the cognomen Amintinus given by the Capitoline Fasti suggests an origin from the vanished Latin city of Amintinum. The next Volumnius to be mentioned in the Fasti is the consul of 307 (but ef. Volumnia in 2. 40. I), which has been used to discredit the present consul-needlessly, for a plebian consul is still not impossible in 46 I. The later Volumnii, forgetting their Etruscan background, rnay have owned land near Amintinum which served to supply a cognomen in due course for their ancestor. See Munzer, R.E., 'Volumnius (13)'. Ser. Sulpicius: [Ser. f. S]er. n. (Fasti), the son of the consul of 500 (2. 19. I). It is likely that in fact the delegate sent to Athens in 454 was the same man so named in D.H. 10. 52. 4), and that, since the first college of Decemvirs was consular, he was also the Decemvir of that name (D.H. ro. 56. 2), but L. on both occasions gives him the praenomen P. (3. 31. 8, 33. 3). Since there was certainly another Sulpicius, probably a brother, called Publius, who negotiated with the plebs in 449 (3· 50. 15; ef. Asconius, in Cornel. 77.25 Clark) and served on an embassy in 446 (3. 70. 2-7), it is likely that Valerius Antias has confused the two Sulpicii and wrongly attributed most of the activities of Servius to Publius. If that be so the manuscript reading can be retained at 3 I. 8 and 33. 3, since the error becomes an historical not a palaeographical one. See Munzer, R.E., 'Sulpicius (36)'; Broughton M.R.R., 454 B.C., n. 2. 10. 6. caelum ardere: 5. 14 n. terra . .. concussa motu: the earthquake of 461 is to be connected with the seismic disturbances reported from Greece during the same decade. Diodorus (11. 63. 1-2) records that at Sparta in 469 they were UEtuP.ot p.EyaAot and that they continued for several years is indicated by the Scholiast on Aristophanes (Lysistr. 1142 UEtuP.ot yap uvxVOt EyivoVTO). The climax of the cycle was the famous earthquake of 464 which precipitated the Helot revolt (Thucydides I. 128. 1,2.27.2 with Gomme's notes; N. G. L. Hammond, Historia 4 (1955), 379-81). The accuracy of the pontifical Annals is confirmed. bovem locutam: the portent is said by Pliny (N.H. 8. 183) to befrequens in prodigiis priscorum. carne pluit: the abl., which was the archetype reading, is proper to the style of prodigies ; cf. 1. 31. I lapidibus pluvisse, 7. 28. 7,40. 19. 2; Pliny, N.H. 2. 147, reporting the same event but directly from the records. nihil odor mutaret: mutaret intransitive as at 5. 13. 2. In both places the usage may be intended to suggest the bald and unliterary style of the Annales (W6lffiin, Archiv Lat. Lex. ro (1898), I ff.; Kroll on

4 14

41 5

3· 10·4

3.

10 .

6

461 B.C.

Catullus 22. I I). Here at least it is certain that L. has abbreviated the original notice: for it is preserved more fully by Val. Max. (I. 6. 5 neque odore taetro neque diformi aspectu mutatum) and D.H. (10.2.4 OVT€ xpoav j-L€Ta{3dJ,),ovTa ••. OVT€ U7J7T€8ovt l!taAvoj-L€Va; Klotz 258 n. 2) and evidently alluded to the appearance as well as the smell of the flesh. L. compensates for the omission by enhancing the style. . 10. 7. libri: 4. 25. 3, 5. 13. 5, sc. Sibyllini. A collection of ora~les m hexameter form (Tibullus 2. 5. 16) introduced to Rom~ accordmg ~o legend by Tarquinius Superbus. Until their destructIOn by ~re m 83 B.C., they were consulted by order of the Senate on occaSIOns of public emergency (22. 9. 8). duumviros: 5. 13· 5 n. . fierent ... abstineretur: notice the passives ~nd t~e impersonal.abstzneretur, typical of the laconic style of the Sibyllme ?OO~S whIch ~ere couched in ambiguous language to avoid too speCific mterpretatIOn. 'Strangers' are always an object of warning in horoscopes. In t~e ~ame way the Carmina Marciana bade the Romans beware of alzemgenae (25. 12. 5). For this oracular use of alienigenae cf. also Tacitus, Annals II. 23.4 and see D. M. Last, Latomus '7 (195 8 ), 48~. . 10. 8. Ecetrae: 2. 25. 6 n., 'at E. Antian COlOlliStS were holdIllg public meetings'. . . .., id caput, eas vires: 7. I. Notice the repetItI~n. There Is.n~thII~g m D.H. corresponding to the threat of the VOlSCI ~nd ~.eqU1 III t~I~ year or the obstruction of the tribunes. Although tnbulliCian OppOSItIOn to the levy is a well-established element in the historical tradition of the period (25, 9, 30. 5, 69· 5, 4· I. 6, 30 . 15, 53· 2, 55· 4; see Stavel?y, Historia, 3 (1955), 4'7 and n. 3), yet the silence of D.H. coupled .w.Ith the linguistic repetitions and conventional phrases such as occldlOne occisos (cf. 2. 51. 9 n.) and agmine acturi (cf. 2. 58. 7, ~. 28. 2; see Lambert Die Indirekte Rede, 28) indicates that L. has mvented the entire episode as a background for the story of K. q..uinctius and as a curtain-raiser to the daring exploits of Ap. Herdollius (Klotz 23 8 ).

11. 5. multum et consules se abstinebant: J. F. Gronovius cited ad Fam. 4. 7. 2 neque tu multum inteifuisti rebus gerendis, for the use of multum. Here, however, any reference to the degree of the consul's aloof~ess is inapposite and Puteanus's emendation tumultu deserves more conSIderation than it has received. For the expression cf. 3· 10. 7, 4· 5· 3 et al. The Trial

of K.

Quinctius

The case of K. Quinctius was evidently regarded in later times as being the paradigm for vadimonium. None t~e. less in almost every detail grave suspicion attaches to the authentiCity of the account. At 4 16

461 B.C.

3.

11 - 1 4

first sight the charge is one of impeding the tribunes in the exercise of their auxilium or, in fact, of violating their sacrosanctity. It cannot be certainly known under what head such an offence would be classed but it would appear to be a case of perduellio. Later, however, the charge is one of parricidium (13. 3). When K. Quinctius absconds and forfeits his bail, his father L. Quinctius Cincinnatus pays up and is forced to live veluti relegatus, yet a few months later he is elected cos. suif. (19. 2). Vadimonium was certainly defined for civil procedure in the Twelve Tables (Aul. Gell. 16. 10.8) but in criminal cases it can hardly have existed at such an early date since it is the outcome of the stalemate caused when tribunes used their auxilium to prevent the arrest and detention in prison of criminal offenders. It was developed from the civil vadimonium. Moreover, since the case was never concluded as K. Quinctius left Rome before the trial, it cannot have been recorded in the Annales. The prosecution of a patrician by a tribune is inconceivable before the Decemvirate (2. 35. 5 n.), and the figure of 3,000 asses (13, 8) is in itself proof of anachronism. But if we are forced to reject uncompromisingly the whole story, it is still possible to see how it came into being. The legend that Cincinnatus was called to high office from a humble retreat is too well established to be fiction but the authorities differed on the precise occasion. D.H. (10. '7. 4, 24. I) reduplicates the story. C. is found ploughing before his consulship (460) and before his dictatorship (439; cf. 4· 13. 14)· The anecdote was, therefore, not exactly dated and Annalists felt themselves free to fit it into history where an opportunity afforded. But to find an opportunity required devising an explanation why a man of such distinction should have been encountered in such circumstances. There was a satisfying artistry about a father impoverishing himselffor his son, which was heightened if the son should have betrayed the country which his father was then called upon to save. The story was then embellished. Concrete examples were required to illustrate and justify the provisions codified in the Twelve Tables. Both the issues involved in the case of K. Quinctius were dealt with by the Twelve Tables-the killing of indemnatus quisque homo (Salvian, de Gubern. Dei 8. 5. 24) and vadimonium (AuI. Gell., loco cit.). It is, therefore, reasonable to suppose that the details ofK. Quinctius' trial were invented by jurists as a case-history to give historical substance to the bald provision of the Twelve Tables. This hypothesis is supported by the fact that these same issues were talking points in the second century. Vadimonium was radically overhauled by the Lex Aebutia at some date after 150 (Aul. Gell., loco cit.) and caedes civis indemnati (3. 56. 13, 4. 21. 4) was the subject of Cato the Elder's speech de Decem Hominibus (Aul. Gell. 13. 25. 12) and became a flash-point in the Gracchan troubles (Livy, Epit. 61). 814432

Ee

461 B.C.

461 B.C.

All, then, that is historically acceptable is the timeless legend that Cincinnatus was called from the plough. The story was, however, firmly established by the first century, for it is cited by Cicero (de Domo 86), and such doubts did not trouble L. who worked his material into a dramatic narrative that leads up to Cincinnatus and the invasion of Ap. Herdonius. Whereas for D.H. (10. 7.2) the climax of the trial is the testimony of Volscius, for L. it lies rather in the impetuous departure of Caeso from Rome with all that that foreshadows. As usual, he telescopes events. Caeso leaves the same night: in D.H. he resides in the city for several days. And, where D.H. is content to present the trial as an dywv with two opposing speeches, L. captures the flavour of a real trial by allocating the same material to four separate and contrasted speakers (12. 2-g). There had been in recent memory one case where the accusation concerned a brawl on the outskirts of Rome which had led to the death of a leading citizen. Asconius describes the incident as follows (in Milon. 31-32 Clark) : Occurrit ei (Miloni) ... Clodius paulo ultra Bovillas ... (servi) cum servis P. Clodi rixam commiserunt. Ad quem tumultum cum respexisset Clodius minitabundus, umerum eius Birria rumpia traiecit ... Clodius vulneratus in tabernam proximan
(6. 20. 7), and therefore oddly assorted with facundiam. A further awkwardness is that inforo ... can hardly be taken with addiderat and must be un?erstood as dependent on facundiam as belli is on decora, but Ver. evrdentiy read an extra word which is not preserved in the Nicomachean recension (see O.C.T. apparatus; this part of the palimpsest is now illegible). Weissenborn proposed inforo <et curia) or ut nemo <eo tempore). A verb, however, would solve both difficulties: perhaps exhibuit. facundiam is used only here by L. non lingua, non manu promptior: 2. 33. 5 n. The conventional summary of the all-round man; ef. Sallust, Jug. 44. I (see Gomme on Thucydides 2. 40. 2). 11. 7. velut . .. suis: so Milo is depicted as standing alone (pro Mil. 67). procellas sustinebat: ef. pro Mil. 5 tempestates et procellas . .. semper

3.

11 - 1 4

(incidisse ... rixam natam ... pugno ictum ... semianimem ... ablatum)

convinces that L. had the incident of 52 B.C. in his mind as he constructed the narrative. Cicero's pro Milone was, after the Catilines and the Philippics, the most famous of his speeches. It is constantly referred to by Quintilian. In the short section of chapters I I- 13 there are more than half a dozen striking echoes which cannot be attributed to coincidence or a common rhetorical source (11. 7 n., 11. 8 n., 11. 13 n., 12. In., 12. 6 n.). The fact that there is no counterpart to these echoes in D.H. demonstrates that it is the work of L. himself, illustrating his aim to make history at once remote and relevant to the Augustan age. The passage made a strong impression on Tacitus who quotes from it twice (11. 9 n., 12.8 n.). The case of K. Quinctius is treated in most works on Roman law: see especially Mommsen, Strafrecht, 327-8; Strachan-Davidson, Problems, 1. 160-1; A. Piganiol, Melanges d'Arch. et d'Hist. 38 (Ig20), 313-14; Brecht, Perduellio, 284-5; D. Daube, J.R.S. 31 (I94I), 183; Steinwenter, R.E., 'Vadimonium'. See 2. 35· 5 n. 11. 6. Caeso erat Quinctius: 1. 58. 8. To introduce a new character by the formula erat X, following it by a thumb-nail sketch of his character, and resume the narrative with hic or is (2. 33. 5 n., 4. Ig. I) is an established technique of Hellenistic writing when an important new episode is commenced. qua ... qua: 2. 35. 4 n. belli decora: not abstract qualities but concrete achievements

418

3.

11.6

putavi Miloni esse subeundas. 11. 8. mulcatus: a rare verb, used only twice by Cicero, once in the pro Milone (37). L. uses it again below (12. g). The scene of anarchy

is strongly reminiscent of the gang warfare of the 50 's. 11. 9. A. Verginius: the gens Verginia, Etruscan in origin and patrician in sympathy, might seem unlikely to produce a plebeian tr. pl. but the tradition is sound. Another is recorded in the annals of the early fourth century (5. 2g. 6) and although falsification has played its part in the history ofVerginia, a plebeian Verginius is possible. It is therefore likely that his name is authentically reported, if one tr. pl. was recorded each year. It is alleged that he was re-elected for five successive years (Ig. 5, 21. 3, 22. 2, 24· I, g, 25· 4, 2g. 8, 30. 6). See Gundel, R.E., 'Verginius (3)'. atrox ingenium accenderat: ef. Tacitus, Annals 4. 60. 3 (Fletcher). iusto ... bello: 1. 32. 5 n. 11. 10. pati reum ruere: a Ciceronian phrase; ef. pro Rab. Post. 43; de Off. 3· 55. See Nisbet on de Domo 141. invidiaeque jlammam ... suggerere: ef. pro Mil. g8 cum a meis inimicis faces invidiae meae subiciantur. 11. 11. ibi multa saepe: multa ibi saepe Ver. In the collocation multus is generally placed next to saepe, either in the order m. s. (Plautus, Capt. 3 28 ; Miles 885; Ovid, Fasti 6. 108) or s. m. (Cicero, Verr. 5. 147; de Officiis 2. 20) but that juxtaposition is not invariable (ef. Plautus, Poen. I2g; Lucretius 5· II58; Cicero, de Rep. 3. 42; pro Sestio 109; Horace, Ep. 2. 1. 2Ig; Propertius 1. 15. I with Shackleton Bailey's note). The determining factor in the present passage is that multa rather than ibi carries the most emphasis and should therefore be

placed first. It was the number of rash words and deeds which damaged Caeso's reputation, not the occasion on which they occurred. inconsulte dictafactaque: ef. 2. 37. 6. 11. 13. exspectate dum consul: for a similar fear c£ Cicero's imaginary 41 9

461 B.C.

461 B.C.

prognosis ofwhat would have happened ifClodius had lived to become praetor or even consul (pro Mil. 8g-go).

13. 1. M. Volscius Fictor: the name is gravely SUSpICIOUS. Volscius, which Schulze would connect with the Etruscan velscu (523), is no more than an ethnic, while Fictor, a cognomen not elsewhere in use, is derived a crimine in K. (Luinctiumficto. Caeso's opponent, who originally was anonymous, is made to bear this name for dramatic effect. The Quinctii were responsible for some of the most decisive victories over the Volsci. It was fitting that one with the name Volscius should have endeavoured to frustrate their endeavours at the start. See Gundel, R.E., 'Volscius (2)'. ante aliquot annos: D.H. 10. 7. I says that he was a tribune of this year (461) and therefore that he was re-elected for the next four years. If, however, there is any historical truth about the man, L.'s version is more likely to be correct. Only one tribune for each year seems to have been recorded, and the subsequent fortunes orM. Volscius hardly fit his position as a tribune (24, 3-7; 2g. 6 n.). 13. 2. in Subura: see map. 13. 3. exsequi rem: this, the order of Ver., is rightly preferred by Wodrig and Jung. The emphasis is on exsequi: Volscius was prevented from doing anything about the outrage. So in Suetonius, Damit. 7. 2 nec exsequi remperseveravit; Ulpian, Dig. 47.10.35. 13. 4. vi contra vim: cf. pro Mil. I vi vis inlata. 13. 6. sisti . .. pronuntiant: 'they notify their pleasure that the accused should appear and that a sum of money should be pledged to the people in case of his defaulting'. The terminology is legal. For sisti = 'to appear in court on demand' cf. Gaius 4. 184 vadimonium eiJaciendum est, id est ut promittat se certo die sisti; Dig. 45. 1.81. But placere is loose. The Senate rather than the tribunes framed their recommendation with placet. Cases ofbail in lieu ofarrest in criminal proceedings, where there was a danger of the accused absconding before trial, must have been more frequent than the few examples preserved in the sources (25· 4· 8 ff.; Varro, de Ling. Lat. 6. 74; Sallust, Jug. 35. 4; cf. Cicero, de Rep. 2. 61; Paulus Festus5IgL.; Hitzig,R.E., 'carcer'; Steinwenter, R.E., 'Vadimonium'). In civil cases the defendant advanced his own bail, in criminal proceedings others went surety for him. 13. 8. vades dari placuit: for placuit see above. The passive dari is required. The Senate were not offering to advance the bail themselves. tribus milibus: the figure is anachronistic at so early a date. It is perhaps inspired by the suprema multa, 3,020 asses, under the Lex Julia Papiria of 430 (4. 30. 3 n.). It was the oldest and largest sum which antiquarians of the second century would know of, if they were seeking a standard for assessing early figures. decemfinierunt: 'they defined the number as 10'. publico: i.e. the aerarium. But the received text publicos is unobjectionable.

3.

I I.

13

12. 1. For Milo's heroic refusal to solicit sympathy d. pro Mil. g2. 12. 2. T. Q11inctius Capitolinus: 2. 56. IS n. . 12. 3. indolem tam maturae virtutis: Ciceronian; cf. pro CaellO 39, 76 . primum militem: 'leading soldier'. L.'s source knew o~ onl.y one speaker, Cincinnatus. L. has dressed up t~e pleas whIch In the original were used by Cincinnatus and distrIbuted them over four elder statesmen. Cf. D.H. 10. 5· 5· 12.4. Sp. Furius: 4. I n. After the name N inserts ipsum before mis!um but the separation of ipsum from eum is intolerable (lac. GronovIUs; cf. g. 17. 7, 35. 42. g). For similar dittographies in N cf. 5· .40 . g: unum . .. rem restitutam: Furius refers to the rescue descrIbed In 5· 5- 10 and hints that it was comparable with the g:eatest heroic ~e­ liverances in Roman history. For the verbal allUSIOn to Q. FabiUS Maximus Cunctator cf. 2. 43. 6 n. 12.5. L. Lucretius: 8.2 n. 12. 6. suum quam alienum: there is nothing corresponding in D.H.. but cf. pro Mil. 104 ex hac urbe expellet quem omnes urbes expulsum a vobIS ad se vocabunt. 12. 7. Jervorem et audaciam; the usual pathetic. T(17TOS; ~f. Cice~o, ~e Senect. 45 erat quidam Jervor aetatis; qua progredlente omnza fiunt zn dus mitiora; Cael. 43· . cottidie magis: magis om. N. For cottidie = in dies see Clark o~ pro M.d. 34 but here the comparative magis is required to balance the IntenSIve force ofcrescere' cf. Cicero, ad Alt. 5.7· 1,7· 5· 4, II. 12·3,14· 18·4, 16.2.4, and T~rrell on ad Att. I. 20. 7. Other examples in Thes. Ling. Lat. consilium: the oppOSItion between audacia and consilium i~ another rhetorical commonplace; cf. 2 I. 4. 5, 57. 3; Sallust, Catll.. 5 I. 37 (Skard). Cf. YVWfl-7J ••. pWfl-7J in Gorgias, av8pEla . .. avvwLS In Polybius, and see H. Fuchs, Mus. Helv. 4- (Ig47), 168; H. D. Kemper, Rat und Tat (Diss. Bonn, Ig60). . 12. B. Cincinnato: 'curly-head' (Suetonius, Cal. 35)· The cognomen IS found in other families as well (C.I.L. 10. 8059· 4 20 ; 6. 4845)' Cf. Rutilus. veniam errori atque adulescentiae petendo: a typically ~icer~nian plea; cf. pro Sulla 64; pro Caelio 3~ erat enim meum, deprecarz v~catlOnem adulescentiae veniamque petere. error IS the advocate s apologetic t~rm for belittling the offence; cf. Cicero, ad Fam. I I. ~8. 5; Seneca, Dzal. 10. 7· I; see W. Hooijbergh, Peccatum, 14. Cf. TaCItus, Annals I. 58. non dicta, nonJacto: I I. I I n. 12. 9. verecundia aut metu: 2. 36 . 3 n.

420

421

3· 13·

I

3.13. 8

461 B.C.

abiit: Milo also retired precipitately before the verdict, to Marseilles. In D.H. Caeso stays in Rome for several days. The choice of in Tuscos is peculiar (de Viris Illustr. 17 ad Volscos et Sabinos) because Etruria did not enjoy a ius exilii with Rome. In Cicero, de Domo 86, Caeso was condemned comitiis centuriatis. 13. 9. solum vertisse: 'shifted his ground', i.e. 'gone into exile'; the legal expression, for which see Nisbet on Cicero, de Domo 78. 13. 10. trans Tiberim: 26. 8 n.

461 B.C.

3. 14.6

that the sentence his artibus ... elusa est is the natural clausula to a sect~on; cf. 29· 9, i55. 13, ~. 27. I, et at. For incommoda voce ef. Plautus, ~aszn. 152; for mansuefaclO ef. 38. 17. 7 and mansuetum (of the plebs)

m 16.4. 15. 1. C. Claudius ~ppi.filius: a son of the original founder of the gens (2. 16.4 n.) .a~d ~llston.cally.a ?ro0er of the Decemvir (cos. 471), but when annahstic mventIOn dIstmgUIshed two Ap. Claudii to secure a good consul and a bad Decemvir, the exact relationship ofC. Claudius became obscured. D.H. follows two sources in naming him the uncle and the brother of the Decemvir (10. 20) on different occasions. Like ot~er Claudii he is a true patrician. After his activity against Herdomus (18..5) an? the .death of Valerius, he opposed plebeian pr~ssure to permIt ~~nsideratI~nofthe proposallegibus scribendis (19. I), reSIsted the Lex Iczlza de Aventzno publicando, and stood out against the re-election of Cincinnatus (21. 7). His patrician pride was matched by his ~airness. ~e could register sufficient disgust at Appius' tyrannical behavIOur to WIthdraw from Rome to Regillum (35.9,40.2-5,58. I) and yet be the first to come forward in Appius' defence (58. 1-5) and to attack the radical consuls Valerius and Horatius (63. 8 ff.). See Munzer, R.E., 'Claudius (322)'. P. Valerius: ef. 2.52.6.

14. 1. iudicium et ... lex: Ver. omits et wrongly. For similar loss of et in that manuscript cf. 4· 7· 12, 5· 32.4,4. 35· 2, 4· 33· 10, 6.4· 6, 4· 7· 8, 13· 9, 13· 12,3. 6 1. 13,6. I. 8. 14. 3. id maxime quod . . . fuit: 'that part especially which consisted of Caeso's club-mates'; ef. 5. 34. 5 n. A partitive genitive is essential (sodalium) and excludes Ver.'s sodalicium, read by H. ]. Muller and Luterbacher, from consideration. Ver. inserts c in the middle of words at 3. 24· 3 dicens, 3· 62. I redicturum, 4· 25· 9, 5· 24· I, 5· 27· 15· sodalicium does not occur elsewhere in L.; for sodalium, a tint from late Republican politics, ef. 2. 3. 2. iras ... animos: 'anger ... courage'. 14.4. nemo unus: repeating 12.4. mille pro uno: 9· 4· 14. 5. benigne salutare: carrying out the precise recommendations made by Q. Cicero to his brother for courting popular support; ef. Comm. Petit. 35-45. 14. 6. rifecti . .. in insequentem annum, ne voce quidem incommoda, nedum ut ulla vis fieret. paulatim ... mansuifecerant plebem. his per totum annum artibus lex elusa est: Bayet's punctuation gives excellent sense. The tribunician election passed off peacefully, unlike the heated affairs of other years, because the tribunes managed to civilize the plebs. By such methods the issue of the Lex Terentilia was shelved till the following year. permulcere et tractare could only describe the management by the tribunes of their own supporters, not the young nobles' display of benevolence and courtesy to the tribunes (14, 5 above). But no one would ever conceive of civilizing people by violence or harsh words so that ne voce . . .fieret cannot logically belong to mansuifecerant. Harsh words and violence are, however, to be encountered in elections and the attachment of the phrase to the previous sentence is confirmed by the fact that nedum ut, where ut supports nedum, is only found at the end of a sentence: e.g. Tacitus, Dial. 10.2; Seneca, Dial. 2. 8. 3, 10.7.4; see Nettleship, Journ. Phil. 20 (1892), 179 (for Quintilian 12. I. 39 see A. F. Wells, J.R.S. 39 (194.9), 204). A further objection to the order of Conway and Walters, defended by them in C.Q. 5 (191 I), 1-2, is

P. Valerius in magistratu mortuus est: Tusculanis gratiae actae: Capitolium purgatum atque lustratum. Three facts contain the germ of the whole of the episode. It is easy to see how the rest of the story evolved. A legend that a Herdonius once threatened Rome and was thwarted by the loyalty of the men. ~f Tusculum wa~ evidently a part of the family legend of ~he M~mIlll (I. 49. 9 n.). whIch they blended into the history of R0r:'e m theIr great days dunng the third century. No other explanatIOn accounts for the duplication of the event under the Tarquins. It was inevitabl:, too, that if the Capitol required purifying because of some pollutIOn, the death of the consul P. Valerius must be connected with it. The association in the consulate of a Valerius the d?mocrat, with a Claudius, the patrician, must be a significan~ sta!Se m the Strug?,le of the Orders. So the whole historical setting is bUIlt up: Herdomus takes advantage of political dissension to seize ~he Capitol; the Roman people, immobilized by their internal bickermgs, are only saved by the intervention of their loyal allies; the desecration of the Capitol requires special measures. Such was the development of the story by the beginning of the first century. L. inherited it but, as a comparison with D.H. reveals besides streamlining the narrative, made two notable alterations. I~ recent memory the lower classes had been stirred into insurrection by

422

42 3

15-18. Appius Herdonius

460 B.C.

460 B.C.

Catiline. L., therefore, introduced Catilinarian overtones to remind the reader of the historical possibility of such insurrections (15, 9 n.). On the other hand the desecration of the Capitol afforded him the opportunity of illustrating the baleful consequences of neglecting religion. This he does through the revivalist appeal ofP. Valerius (17. 2-8), of which there is no trace in D.H. The whole speech, as Rei~h­ enberger puts it, 'gives the characteristic religio-political touch whIch distinguishes L.'s narrative of Herdonius from just another episode of danger in Rome's history'. See also R. Bonghi, Nuova Antologia, 19 (1880), 339-442; Pais, Storia, I. 529-3 I ; de Sanctis, Storia, 2. 32. 2 ; Munzer, R.E., 'Herdonius (I)'; A. Reichenberger, Studien zum Erziihlungsstil des T.L. (1931); Burck 17-21; Klotz 259; Reichenberger, C.w. 37 (1943),28- 29. 15. 3. ante Sacrum montem: 2. 33· 3 n. 15. 4. et a Volscis: et 'furthermore', not linked with the following et. 15. 5. exsules senique: Catiline's army was largely composed of such riff-raff but he dispensed with the service of slaves at the very end (56. 5). For the anachronism of slaves at this time ef. 5. 22. I n. ad duo milia . .. et quingenti: D.H. ro. 14. I gives the number as 4,000 clients and slaves. Rather than suppose that L. has subtracted 1,500 clients from the total, we should restore the text of L. to quattuor milia, as the archetype read. It is not clear whether the discrepancy between 4,000 (D.H.) and 4,500 (L.) was caused by D.H. giving only a partial total or a round number. The quotation of exact figures where none could have been preserved is characteristic of V.A. (5. 12 n.). Appio: 2.16.4 n., a Sabinepraenomen. Herdonio: I. 50. 3 n. nocte: D.H. extends the operations over three or four days. 15. 6. Capitolium atque arcem: ef. 1. 33. 2. It was a traditional centre of Sabine settlement at Rome. confestim: notice the agitated sentences which follow, with repeated antithesis (e.g. sedabant tumultus, sedando interdum movebant). The effect is sharpened by the absence of subordinate clauses. Short, staccato propositions follow each other paratactically. 'ad arma': the traditional call to arms (3. 50. I I, 6. 28. 3, 9· 24· 9; Caesar, B.G. 7. 70. 6, often repeated ad arma, ad arma (Horace, Odes 1. 32. 5; see Fraenkel, Horace, 252 n. 3). Akin to the Greek o7TAwv o7TAwv SEt. See W. Schulze, Kl. Schriften, 163 ff. 15. 7. incerti: for similar hesitation in an emergency ef. the behaviour of Romans in Sallust, Cati!. 3 I. 2. D.H. knows nothing of such wavering. 15.8. praesidium satisfidum :fidum 'trustworthy' is adequate sense since the question at issue concerns the reliability of the Roman forces

(Seneca, Agam. 917) butfirmum is the natural epithet (45. 2, 23. 34.12, 34· 25· ro; Cicero, Verr. 1. 153; de Leg. Agr. 2. ro3; ad Att. 1. 19. 6; ad Fam. 15. 4. 14) and the correction, proposed by Luterbacher, is attractive. fidum by assimilation of ending after praesidium. 15. 9. se • .. causam: ef. Sallust, Cati!. 35. 3 publicam miserorum causam pro mea consuetudine suscepi (Skard). The whole of Herdonius' policy echoes that propounded by Catiline. omnia extrema: take concitaturum with Volscos et Aequos, t. with o. e. There is no trace of the speech in D.H. Cf. Sallust, Catil. 26. 5.

42 4

42 5

3. 15. 8

16. 1. dilucere: 8. 27. I I, 25. 29. 10; first in Varro. Here perhaps suggested by Cicero, in Catil. 3. 6 cum iam dilucesceret. 16.2-4. The threat from the Aequi does not feature in the account of D.H. and may be at least partly inspired by Catiline's negotiations with the Allobroges. 16.4. mergentibus malis: 6. 14. 7, 17. 2, 9. 18. 1,41. 3. 10; Virgil, Aeneid 6. 429, 6 I 5, I I. 28. The use of mergere is not due to poetic influence (Stacey, Rettore) but to the prevailing diction of the Augustan age (Gries, Constancy, 49). malum . .. quiesse: only here, but Scheller's emendation of the manuscript -que esse, also proposed by Freudenberg, is palmary. Pettersson, following Ruperti, unsuccessfully defends the received text by supposing an ellipse: malum exoriens (sc. erat) tumque ... sopitum videbatur. 16.5. at id: 'but in fact it bore down almost more heavily than anything else upon their sinking fortunes' (Foster). 16. 6. concilium . .. legi perferendae: see C.Q. 9 (1959), 279. 17. 1. discedere: ef. Sallust, Catil. 36. 2. se ex curia proripit: ef. Sallust, Cati!. 32. I deinde (Catilina) se ex curia domum proripuit.

The Speech if P. Valerius 17. 2--8. One of L.'s early essays in free oratorical composition, it shows signs of immaturity both in the formality of its structure and in the lack of cohesion between content and context (17. 2 n., 17.3 n., 17· 5 n., 17. 7 n.). The germ of it may have lain in some such expression in Valerius Antias as D.H. (ro. 16. 2) transcribesOvaAEplcp SJ 'Td
460 B.C.

460 B.C.

ductu et auspicio: I. 4 n. rem publicam eversuri: Cicero, pro Mil. 24; Phi!. ro. 12 et al. non commovit: oratorically it is effective to point out the grotesqueness that free citizens should be duped by a man who could not even incite slaves to insurrection but factually it is nonsense, since the slaves have risen (15. 5). The factual inexactitude is overlooked in the search for effect, so that Schott's nunc for non is unnecessary. supra caput: proverbial; cf. Cicero, ad Q;F. 1. 2. 6; Sallust, Catil. 52. 24; Virgil, Aen. 4· 702. Tractatio: (I) pium 17.3. Notice the repeated v sounds. cura tangit: a strongly religious association; cf. Virgil Aen. 12. 933; Ovid, Heroid. 8. 15. at vos: 1. 41. 3· luno regina: [regina] Ruperti. L. makes Valerius draw attention to the plight of the Capitoline Triad, apparently oblivious that the cult of luna regina was only introduced after her evocatio from Veii (5. 22. 3-7) some two generations later. L. has again been carried away by his oratorical enthusiasm. 17. 4. tantum hostium: 'such a force of enemy'. Note the elaborate arrangement of wordsforum curiaque ... inforo, in curia with the clauses deliberately balancing each other in shape and length (la6KwAa; cf. ad Herenn. 4. 27) e.g. velut cum otium superat, -I- senator sententiam dicit, -I- [alii] Quirites suffragium ineunt. velut cum: apparently only here in L., and therefore intended for special effect (Ennius, Annals 84, 443 V.). [alii]: if alii is read, it will carry the common meaning: 'others, that is the ordinary citizens' (5.35. I n.). Here, however, the word is superfluous and spoils the close parallelism. In view of the common corruption to which Quirites gives rise (5. 6. 15 n.), it seems wise to delete it. (2) dignum 17.5. deos hominesque:]. F. Gronovius proposed a famous emendation, cives for deos, arguing that 'dii male sunt hic advocati cum 'TO armatos et currere ... inepte referantur ad deos'. deos hominesque is a formal cliche (2. 9. 3) which comes facilely to L.'s lips despite its utter incongruity to the situation. 17. 6. mentem . .. da: cf. Cicero, in Cati!. I. 22. qua quondam: L. employs a very ancient formula of prayer in which the worshipper invokes some past action of the god as a precedent for the present hoped-for action (Fraenkel, Horace, 173, with examples; Page, Sappho and Alcaeus, 16-17). The reference is to I. 12. ro. 'tu ... tuam ... tuae: the religious character is maintained by the sevenfold repetition of tU!tullS, which is not matched elsewhere in L.

The repetition is inherent in the formulae of Graeco-Roman prayers (Norden, Agnostos Theos, 143-66) and is well exemplified by Lucretius I. I ff.; Virgil, Aen. 8. 293 ff.; Horace, Odes I. 35. I ff.; Apuleius, Met. I 1.25. Conclusio 17.7--8. The dramatic climax of the speech lay in the invocation of Romulus. For the practical instructions L. switches to or. obI. and details them in short, succinct sentences with all the precision of a military command. iam: conscium Bayet. Valerius appears to forget that he is consul and that any measures he might adopt would depend on the sanction of his consular imperium but Bayet's logic is too Gallic. Valerius' intention is to stress that he would go to any lengths without any respect for persons to ensure the deliverance of Rome; and if he overstates his case it is only in keeping with the exaggerations already observed. 17.9. vim ultimam: 2. 63. 2. nec ... tamen: tamen belongs in sense to the second half of the disjunction: 'the law could not be passed and at the same time the consul could not proceed to the Capitol'. See Fraenkel, Horace, 332 n. 2. cessere: 60. 7 n. 17. 10. sermones . .. serere: 2. 2. 4 n., 28. 25. 5, political slang from the late Republic ('club gossip') ; cf. Cicero, ad Alt. 2. 18. 2 sermo in circulis ... est liberior quamfuit. 17.11. penatespublicosprivatosque: 22.1. 6, 25.18.10,45.24.12. The penates publici were the penates of Troy, who had been taken to Rome from Lavinium where they were first enshrined. They were none other than Castor and Pollux, enjoying on coins the legend Di Penates Publici or Di Penates. The official oath of the Republic was in the name of ]uppiter and the di penates. The penates privati, on the other hand, were the individual penates of private households throughout Rome. Together they formed a venerated circle to which Roman orators especially Cicero, directed emotional appeals. See de Domo 144 with Nisbet's note; Weinstock, ].R.S. 50 (1960), 112-3. 17.12. discesserant: 'had made separate rounds of the gates and walls'.

3. 17·

2

426

3.17.6

18. 1. et T usculum: 'to Tusculum also' or 'even to Tusculum'. 18. 2. L. Mamilius: I. 49. 9 n. The grant of citizenship as a token of thanks in 29. 6 is sufficiently historical to confirm the truth of the whole tradition (see Munzer, R.E., 'Mamilius (I)'). The dictatorship at Tusculum, also mentioned at 6. 26. 4, is paralleled by dictatorships in other Latin cities such as Aricia and Nomentum. It was probably replaced in 38 I by a college of three aediles when Tusculum passed finally and completely under Roman sovereignty (de Sanctis, Riv. Fi!. ro (1932),437; cf. Rosenberg, Der Staat der Alten ltaliker, 72 ff.). 42 7

460 B.C.

460 B.C.

magnopere censet: a strong recommendation (cf. Cicero, de Fin. 4· 79) ; censet suggests senatorial procedure. 18. 3. fidemfoederum: Tusculum had subscribed to the Latin treaty. demerendi: 'to lay under an obligation'. 18.4. placet: 13.8 senatorial. prima luce: Tusculum is at least 15 miles from Rome so that such a night journey is inconceivable. L. has compressed the time sequence. He also omits the concession made to the plebs in D.H. that the Lex Terentilia will be debated after Herdonius has been crushed. L. treats each episode as a self-contained unit. 18.6. si se doceri sensissent: Rhenanus's emendation (si edoceri se sissent) is generally read (except by Bayet who proposes a se si doceri se sissent). On the other hand, se would be more naturally situated in second place (1. 13. 2 n.) and the corruption could more easily have arisen from a variation of word-order resulting in the duplication se doceri se. If so, si se doceri sissent would be preferable. populi colendi: i.e. Poplicola (2. 8. I). 18. 8. P. Volumnius: ro. 5 n. 18. 10. templum: Ver. has the plural templa and it is true that more than one temple (e.g. Terminus) was situated on the Capitol and therefore involved, but L. has concentrated attention on the temple of Capitoline J uppiter (18. 8 vestibulum . .. templi) in a properly dramatic way. For similar omissions of final m before a succeeding vowel in Ver. cf. 3· 38 . 3, 3· 61. 8, 3· 65· 2, 3· 66. 4, 4· 13· 2, 4· 14· 6,4· 24· 4, 4· 59· 5· suae ... est: 'each man suffered the penalty appropriate to his station', i.e. slaves were crucified, free men beheaded (1. 26. 6 n.). The repetition quisque ... quoque is unpleasing. purgatum atque lustratum : with water, fire, or sulphur. For details see G. P. C. Tromp, de Romanorum piaculis, 135-6. 18. 11. quadrantes: 2. 33. 10 n., Valerian embroidery.ferretur is read by both Ver. and N.fero, for e.ffero 'carry the dead to burial', is occasionally found (e.g. Ovid, Met. 13. 696; Trist. I. 3. 89; Ars Amat. 3. 20) but e.ffero is the regular term in inscriptions (C.I.L. 14.321; 11. 1946) and in literary texts (28. 28. 12, 30. 45. 4, 41. 16. 4; Cicero, ad Aft. 14. 10. I, 14. 14.3) and should be read here.

(19, 4- I 2; 21. 4-7) which are evidently original compositions designed for this very purpose. Apart from minor details both authors retail the same basic facts, but little credence can be placed upon them. The record that Cincinnatus was cos. suif. in 460 could be genuine but the flesh and blood of the narrative consists of highly tendentious explanations of Roman institutions. In particular, the prominence given to provocatio (20. 7), to the sacramentum (20. 3-6), to the military origin of the comitia centuriata (20. 6), and to the illegality of a man holding successive consulates, all reflect the quarrels and speculations of the second century. Such arguments did not interest L. The secondcentury annalists had provided him with the materials for a picture or exemplum of an homo vere Romanus and that was enough for L. (Burck 22 ; Klotz 259-60). The moral ofthe whole story of Cincinnatus lies in 20. 5. 19. 1. pace parta: for the phrase and order cf. 1. 19. 3, 5. 1. I, 30.45. I ; Tacitus, Hist. 5. 10 pace per Italiam parta; Suetonius, Aug. 22. Ver.'s order is to be preferred to N's. deos manes fraude liberaret: Valerius had promised that a condition of plebeian co-operation in the defeat of Herdonius should be that the Lex Terentilia would be discussed. To go back on that promise was to implicate the soul of the dead Valerius in afraus. For deos manes as the equivalent of the soul of one particular person cf. 3. 58. I I, 2 I, ro. 3; Dessau, I.L.S. 880 dis manibus L. Caecilii Rufi; Aul. Gell. ro. 18. 5. It is a loose and late extension of the original collective meaning 'powers of the underworld'. See W. F. Otto, Die Manen; Weinstock, ].R.S. 39 (1949), 166. See 58. I I n. 19. 2. Decembri: 6. I n. 19. 3. consilium ret modumJ: adhibere modum is common in other authors, e.g. Cicero, de Officiis 2.55; Nepos, Epam. 4. 6; Tacitus, Annals 13· 44; Suetonius, Nero 37, but does not occur elsewhere in L. It is not a particularly happy bed-fellow with consilium which has been specifically mentioned earlier (12. 7) as the quality in which Caeso was most defective. It is therefore to be regarded as a Nicomachean gloss (cf. 26. 9, 44. 4, 35· 7, 62. 2, 56. 12, 61. 12, 4· 21. 7, 24· 7, If. I,

19-21. L. Q,uinctius Cincinnatus, 'cos. su:ff.'

planned according to the formal arrangement of the schools but is distinguished by a few linguistic highlights which serve to convey the vehemence of the speaker and the urgency of the occasion.

3.

18.2

The aftermath of the liberation of the Capitol is portrayed as a period of intense political agitation in which Cincinnatus carried on the antiplebeian policies of his son and emerged as the leading statesman of the day. L.'s treatment of his material differs in several particulars from D.H. Instead of building up the character of Cincinnatus by direct narrative, L. allows it to be disclosed in a pair of speeches

428

3.

19- 21

5· 41. 4, 44· 3, 55· I). 19. 4-12. Cincinnatus' oration, with its characteristic switch from indirect to direct speech (1. 57. 7, 2. 7. 9, 3. 9· I 1,48. 3, 5. 21. 2), is

Exordium: principium ab adversariis 19. 4. perdita domo: a curious expression, meaning not a house of illfame but a home where the rules and conventions of family life have

3.

460 B.C.

460 B.C.

broken down. The T07TO, is thoroughly Greek and stems perhaps from Euripides, e.g. Herae!. 476 ff.; cf. also Herondas, jlJime 3. 19. 5. semina discordiarum: semen, applied to people, is a rhetorical commonplace going back at least to Demosthenes, de Cor. 159: cf. Cicero, Phil. 2. 55. For the metaphor cf. 3.40. ro d. serere, 4. 2. 12, 8. 27· 5, 25. 35. 7; Suetonius, Calig. 26. 4. The expression appealed to Tacitus who repeats it (Hist. 1. 53, 4. 18). 19. 6. hercule: 2. 28. 4, 5. 3. 6, et al. qui: equivalent to si quis, is found only in colloquial passages of old Comedy (e.g. Terence, Hec. 608) and is a7T. Itq. here in L. Karsten (Mnemosyne 24 (1896), ro) wished to read si quis (cf. 6. I 1. 4) but qui must be intended to jolt the reader's attention and focus it on Cincinnatus' words. bellum: bella N (by assimilation to arma) but there was only one war

clause the order is reversed as at Columella 3. I. 2 non ope humana; Seneca, N.Q. 5. 18.6; Tacitus, Annals 15· 44· 7; Hist. 4· 81. 14· 19. 11. at enim: introducing not an objection but a threat. illo die quo: cum Ver., but the correlative is always quo and cum is a clever but superficial attempt to supply a correlative to tum typical of Ver. (cf 5· 2. I 1,3· 5, 3· 7,4°.7). si tuleritis: doubt has been cast on these words which are found both in N. and in Ver., on the ground that the clause is inept and tuleritis is the wrong word (Ruperti, Madvig). So far from being inept, the clause gives the surprise that the argument demands. 'You say that you will pass the law. Then indeed my election was a major catastrophe-always supposing, of course, that you do manage to pass it.' The use of the simple verb picking up the compound which has immediately preceded it is an idiom more commonly illustrated from Greek than Latin writers, but see the examples collected by W. Clausen, A.J.P. 76 (1955),49-51. Cone!usio: amplificatio. 19. 12. iam primum omnium: 1. 1. I n. de praeterito quam re ipsa: a locus communis serves as the peroration.

3·

Ig.

4

(16. 5). servis . .. exsulibus: the refrain of the speech; cf. 19. 7, 19. ro. Tractatio: (I) honestum 19.7. pace loquar: the old ritual formula pace (deum) dixerim, by which a speaker sought to forestall any divine objection to his words (ro. 7. 12, 38. 46. 12; Plautus, Miles 679; J uvenal I 1. 196 et al.) evolved by popular usage into a more general and secular disclaimer. In Cincinnatus' mouth it is arresting. Cf. praefiscini and see Hofmann, Latein. Umgangssprache, 131. pudet deorum hominumque: 17.5 n., 22. 14.4, 'it is an outrage in the sight of gods and men'. For this, also Ciceronian, use of pudet where the gen. signifies the person before whom one is ashamed, cf. Cicero, Phil. 12. 8 pudet huius legionis .... There is thus no call for Ruperti's pudeat. Here the words have a ring of old-fashioned outrage; cf. Plautus, Trin. 9 I 2 deum here!e me atque hominum pudet. 19. 8. attingere arma: not literally 'to put one's hand to' (Bickel in Thes. Ling. Lat.) but, on the analogy of a. bellum (Sallust, Jug. 44· 3), a. militiam (Suetonius, Cal. 43), 'to undertake a military operation'. Only here in L. For the facts see 4. ro n.

Ig. 10

19.9. scilicet: a touch of oratorical irony; cf. 4. 5. 3, 5. 4. 12, 3 I. 29. 8, 32. 21. 27, 34. 7· I 1,40. 12. 13,42.42. 2 (Ullmann, Etude, 49). de vestra plebe: 5. 40. 9 n. 19. 10. nulla ope humana: Ver.'s word-order conforms to an established pattern (2. 20. 12 is different) by which, where the phrase humana ope occurs positively, the words are in that order (e.g. 5. 22. 3; Virgil, Aen. 12. 427; Vell. Pat. 2. 79. 3 sed virum humana ope; Pliny, N.H. 37. I; Tacitus, Annals 6. 12. 6), but where the phrase is in a negative

20. 1. patres restitutam credebant rem publicam: was this intended to have a contemporary echo for Augustan readers (Syme, Roman Revolution, 32 3)? peragendis: sc. actionibus. Cf. 24. I rem susceptam peracturos. 20.3. in verba iuraverint: 2.45. 13 n. The dispute over the validity of the sacramentum mirrors the demoralized state of the Roman army in the Punic Wars (cf. 22. 38. 2-4) and suggests that the whole passage was a retrojection of a contemporary issue into the past by annalists of the late third century. 20. 4. sacramento adacti sint: 4. 5. 2. sacramento is abl. 'to bind by an oath'. Cf. Caesar, B.G. 6. 1. 2 quos . .. consulis sacramento rogavisset ad signa convenire et ad se proficisci iuberet with Kramer-Dittenberger's and Meusel's notes. 20.5. neglegentia deum: Praej. 9 n., 56. 7 n., 6. 41. 8, 8. 11. I, ro.40' 10. L.'s attitude is throughout sympathetic to the traditional belief that the proper maintenance of the pax deorum was the only security for human happiness. See Hellmann, Livius-Interpretationen, 30; P. G. Walsh, A.J.P. 79 (1958), 358. For other signs of pessimism cf. 4· 13· 4· 20. 6. de prriferendo exercitu: prriferendo 'delaying' is clearly sound (proterrendo Gronovius; perturbando or perterrendo Ruperti). The tribunes resorted to delaying tactics when they found that they could not prevent the levy. But prriferre is only so used with nouns signifying an event or process (e.g. auctionem in Cicero, ad Att. 13. 12.4) or with nouns of time like dies (Cicero, ad Att. 13. 13. 44). exercitu must therefore be

43°

43 1

(2) dignum

460 B.C.

460 B.C.

wrong. In fact Ver. can clearly be deciphered as reading exercitus exitu prqferendo as one line, thus confirming Bayet's adaptation of Perizonius's admirable conjecture. auspuato: I. 36. 6 n. The fear of an assembly held outside Rome owes much, no doubt, to the disturbances of the Hannibalic War when religious factors played their part in the political wire-pulling (Scullard, Roman Politics, 26-28; note in particular the events of 217) but much too to the crucial assembly of the Athenians at Colonus (Thucydides, 8. 66--67). 20. 7. mille passuum: the extension of the ius provocationis outside Rome itself became controversial towards the end of the third century. 'As Roman citizens began to move more freely outside Rome they would claim their full privilege of appeal against the magistrate, regardless of the old territorial restrictions' (A. H. McDonald, J.R.S. 34 (1944),19 and n. 68). The extension of the right to Romans throughout Italy was effected by one of the Leges Porciae, perhaps in 199. 20. 8. non ita . .. ut: 'the state was too ill to be cured by conventional remedies'. sine provocatione: another antiquarian fiction. The powers of the tribunes were in 460 quite extra-constitutional. They could obstruct magistrates not by any lega1 right but by mob violence so that the consul and the dictator were on the same footing in that both were technically free from provocatio and tribunician veto. The myth of the superior position of the dictatorship grew up after 300 when the Lex Valeria restricted the jurisdictional competence of his office and tales were spun about its former range (Festus 2 I6 L. optima lex; see Staveley, Historia 3 (1955),427-8).

consul's acquiescence in the Senate's recommendation (Mommsen, Staatsrecht, 3. 1034 n. 2). 21. 4-7. The speech, of which there is no word in D.H., is composed by L. to illustrate through Cincinnatus' own mouth another side to his character. Its contents are, as usual, stock. 21. 4. in continuandis magistratibus solvit: in, found in both traditions, but deleted by Conway and Bayet, exemplifies an Augustan idiom by which the plain instrumental gerund is amplified by in: cf., e.g., 4· 44· 9 in parcendo uni malum publicam fiat. Linsmayer would remove the whole phrase. levitatis ac licentiae: notice the alliteration. 21. 6. imitamini ... et ... peccate: attempts have been made to salvage the unanimous manuscript lection peccatis, most recently by Bayet who improves on an emendation of Gruter's and proposes imitamini ... inconsultam. at qui • .. debetis ... peccetis. Such attempts, however, overlook the fixed idiom by which the action which is to be imitated is linked by et or atque with the verb imitor, in the same tense and person. So 7. 26. 7 hunc imitare et sterne catervas; Plautus, Casina 954. peccatis was caused by assimilation to debetis. The thought is a commonplace, for which ef. Seneca, Epist. 7. 8. dum ego ne imiter: dum . .. ne 'provided that ... not' does not occur in classical Latin outside the present passage except in official documents and the like, although dummodo ne is occasionally found in epistolary style. It is an archaic use (cf. Plautus, Curc. 36) which became fossilized in the vocabulary of the lawyers. The solitary instance of it here is, therefore, particularly effective, suggesting, as it does, Cincinnatus' determination to stand by the mos maiorum. See Lex. Anton. de Termess. 34 (= C.I.L. 12 • 589) and other examples in Thes. Ling. Lat. 2225. 21-39. 21. 7. gloriam spreti honoris: 2.47. I I n., a commonplace. invidiam quae . .. impenderet: the verb impendeo, for immineo, occurs only here in L., and the surrounding phrases demonstrate that L. has in mind Cicero, in Cati!. I. 29. 21. 8. id sujfragium non observaturos: the consuls could technically refuse to accept the names of candidates for election.

3.

20.

6

3·

21.

3

21. 2. s. c. fiunt ut: the plural is to be preferred. There were two s. c., the first dealing with the immediate situation, the second with future policy. For similar haplographies in N ef. 13. 2, 21. 4. magistratus continuari: from at least the fourth century a plebiscite had enforccd a ban on holding the consulship twice within ten years. The restriction had to be lifted temporarily in the Hannibalic War when the shortage of competent men became acute L. Patterson, T.A.P.A. 73 (1942), 321) so that Marcellus, Fabius, and Fulvius Flaccus all held repeated consulships within a short space. Cincinnatus' reaction was invoked or invented by historians to provide authority against iteratio within ten years. See Scullard, Roman Politics, 48 n. 2, 85, 234; A. E. Astin, Lex Villia Annalis bifore Sulfa. L.'s language is impeccably constitutional. For contra rem publicam esse ef. Cicero, de Har. Resp. 15; ad Alt. I. 16. 12. 21. 3. inpatrumpotestate (ef. 2. 56.16,3, 52.10,9.10. I; also 4· 26. 7 in auctoritate esse, 56. 10,5· 9· 4, 6. 19· 4) : the technical expression for the

22. 1. Q.. Fabius: 3. I. 1 n. The cognomen Vibulanus is said by Mommsen (Rom. FOTSch. 2. 292) to be derived from a long-extinct village where the Fabii originated, but no trace of such a village can be found. The nomen Vibulenus is of Etruscan origin. L. Cornelius Maluginensis: Ser. f. P. n., son of the consul of 485 (2. 41. 12). He was in fact the father of the Decemvir (35. I In.), although the annalists, in particular Valerius Antias who wrote before the careful researches on the Fasti undertaken by Varro and Atticus,

43 2

433

eM.

Ff

459 B.C.

459 B.C.

regarded him as the brother (40. 8, 41. 4). For the problem of his military operations see 23. 7 n. See also 1vlunzer, R.E., 'Cornelius (256)'. The cognomen Maluginensis is also said to be derived from a lost home-town of the Cornelii. census actus: I. 44. 2 n. lustrum ... condi: I'. 44. 2 n. religiosum: 5. 40. ro. The notice, coming ultimately from the Annales, is probably derived from a different. source (see below).

pariter et socii: understanding cives but we should perhaps read pariter (ci~es) et socii since in L. both terms are always expressed in such equivalences e.g. publicis pariter ac privatis (1. 34. 12, 54. 4, 2. 33. ro, 4· 59· 6, 5· 3· 8), parite r patribus plebique (3· 64. II, 34. 1,4· 22. 4, 42. 9, 5· 39· 4), .cooptati pariter et qui cooptaverunt (5. 11.4). 22. 8. adeptus: sc. hostes. 22. 9. silva texisset: N has the plural silvae texissent. Certainty is impossible but the wrong division in M (silva etexissent) engenders the suspicion that Ver. preserves the true reading. For a similarly vague use of the singular ef. Virgil, Aeneid 6. 443-4. But ef. Tac., Agr. 26.4.

3.22. I

3.

22 •

22.2-23. Military Operations during 459 L., abruptly changing his source, narrates in a bald style a series of military operations without making any attempt to weld them into a coherent story. The switch is indicated by the unique repetition of the consul's names (22. 1,22.2; for 9.29. I see apparatus ofO.C.T.), and the omission of cognomina on the second occasion argues for a different tradition, which was possibly older but at least kept closer to the spirit of the original Fasti. It would appear that L. reverts to Valerius Antias at the beginning of 24 since in 24. 8 the consuls return triumphantes. There is nothing in L.'s account in 22-23 to justify a triumph, but it is known from D.H. that one branch of the annalist tradition mentioned that Antium revolted and was recaptured by the efforts of the two consuls and the same tale, recorded in the Fasti Triumphales, is alluded to as a variant in 23. 7. Valerius Antias must have dealt with that stirring episode of Antian history and it follows that L. has temporarily abandoned him. The same conclusion ensues from the duplication of Roman gratitude for the recens Tusculanorum meritum (23. I = 31. 3 (Valerian)) and from the contradiction between 22. I census actus and 24. ro, suggesting as it does the duplication of the same event as a result of its being reported under separate years in two different authors. See Lachmann, De Fontibus, 59 ; Soltau 162; Burck 22-23; Klotz 261. 22. 2. principio anni: 4. 1. I n. bellum ingens: sc. imminere or the like. Allen, worried by the ellipse, proposed ingruens for ingens, which is not, however, attested (ef. ro. 21. I I). For bellum ingens ef. 9. 32. I and for nuntiare bellum 'to announce a threat of war', ef. 31. 8. 3, 35. 50. 2. Latini: 4. 10 n. ut bellum praeverti sinerent: 'allow the war priority'. 22. 3. Fabio ut ... duceret datum: a variation on exercitus ducendus datur (2. 43. 5). There is thus no necessity for (negotium) datum (Allen). 22. 4. ex Joedere: 4. ro n. 22. 6. observari: observare N with socios as subject understood, which Pettersson rightly would retain, since the phrase is a technical military command and as such would be given directly in the active: so, e.g., Sallust, ]ugurtha 51. I.

Roman army was seventeen days' rations (Kromayer-Veith 4 2 3-5) although Josephus records an emergency man~uvre when the troops took supplies for only three days (B.]. 3. 95). 23. 4. subire potuit: editors, misled in the first instance by Gronovius, have tended to emend into oblivion a peculiar idiom ofL.'s who used potes! with an act. infinitive as the equivalent of an impersonal, 'it is pOSSible. to, one can'. Cf. 3. 27. 7. ut nocte ad hostem pervenire (-iri GronovlU~) posset; 6. 37. 8 numqui ... segnius rem publicam administrare potest post p. Licini Calvi tribuTUltum (administrari [potest] Rhenanus); 7· 6. 2 neque eam voraginem ... explere (-eri ed. princeps) potuisse; 2. I. 6 ut bonam Jrugem .. .Jerre posset (possent Aldus); 22. 34. 7, 35. 30. 4, 4 2 • 6 5. 2. The idiom was first recognized by Welz and first illustrated by Pettersson. 23. 5. quo postquam ventum ad extremum est: ad extremum in L. must be temporal and cannot mean 'extremes of hunger' (see Fugner, Lexicon s.v. ad). The sense must therefore be 'when they finally reached that condition (of starvation), i.e. quo not qua ventum est (1. 59. 7). 23. 6. Columen: mod. la Colonna, a prominent outcrop near Tusculum (Nissen, Ital. Land. 2. 60 I). Although the modern name is not attested before the eleventh century, the site is old, deserves the name, and is topographically in position. 23. 7. eodem anno : the revolt of Antium, threatened in 22. 2, is described at length by D.H. ro. 21, who seems to follow the tradition ascribed toplerique by L. He details an extensive account of a massed attack by q,ooo Aequi on Tusculum, of the treachery of Herdonius, of the flight of the Aequi to Algidus where they are defeated by Fabius while Cornelius surprises and recaptures Antium. The focus on

434

435

6

23.2. recens: 18. I-ro. . datum: Ruperti judiciously observed that dare auxilium is a prerogative of gods (6. 29. I; Virgil, Aeneid 2. 691) whereas mortals are said Jerre auxilium as in the resolution of the Tusculan Senate (18.4) placet Jerri auxilium. latum, which he proposed, is inescapable. 23. 3. cocti ... cibi: Val. Max. 2. 7. 2. The normal provision for the

3· 23. 7

459 B.C.

459 B.C.

Antium and the precision of figures both point to Valerius Antias as being D.H.'s source and therefore included by L. among the plerique. It follows that L.'s main source for 22-23 is not Valerius but should be Licinius. Licinius is not necessarily older than Valerius since vetustiores scriptores may refer to the authorities cited by the Sullan annalists. Thus L. applies vetustior to Calpurnius Piso (ro. 9. 12).

not at the time following. For similar unexplained references conce~ling a change of source cf. 4. 1. 1 n. hos secuti; 4. 37. 3 n. his rebus actzs. ftustrationem ... legis tollendae: 'a deception consisting in, or aimed at, doing away with the bill'. The genitive, describing the object or purpose of the trick, is a favourite idiom of historians, cf., e.g., Sallust, Catll. 6. 7 and see Lofstedt, Syntactica, 1. 171 n. 1. 24. 2. L. Lucretius: 8. 2 n. praifectus urbis: 1. 59. 12 n. 24. 3. A. Cornelius: can hardly be the consul of 428 (4. 30. 4) since the standing of his colleague Servilius suggests that he must have been a man of maturity. Nor is he likely to be the pontifex maximus of 43 1 (4· 27· 1 n.). Ifthepraenomen A. is correct (and it is only reported by L.) he must be a brother of the consul of the year, L. Cornelius, but since quaestores parricidii appear to be persons of consular rank, A. may be regarded as a mistake or corruption for Ser. and Cornelius be identified as the consul of 485 (2. 41. 12), whose death is reported in 453 (3 2. 3 n.). See Munzer, R.E., 'Cornelius (12)'. Q.. Servilius: to be identified with Q. Servilius Priscus, consul in 468 and 466 (2. 64. 2). q~aestores.: 2. 35· 5 n. M. Volscius was accused of false testimony, a cnme which could not be classed asperduellio (2. 41. II n.), but which could legitimately count asparricidium if the result of the evidence had r~sulte.d in a capital penalty or its equivalent. Since quaestores parricidi did eXist before the Twelve Tables, the whole notice may be regarded as historical (Mommsen, Strajrecht, 635 n. 2; Brecht, Perduellio, 264n.1). 24. 4. in publico visum: the order of words given by Ver. is clearly supenor to N's visum in publico since it secures an effective chiasmus in p. visum I adsurrexisse ex morbo and throws the emphasis on in publico as is required by the implied contrast with the possibility of his having been seen about the house. 24. 5. Jrequentem: Jrequente Ver. ; -que which is supplied by N produces an impossible combination 'at that time and assiduously'. N also adds -que wrongly at 3. 43· 6, 4· 21. 10, Ver. at 5. 44. 7 Jrequentesque. See also 52. 7 n., 2. 32. ro n. 24. 7. comitia: after their investigation, the quaestores brought their findings to the comitia centuriata. 24. 8. triumphantes: in the Fasti Triumph.:

24-29. The Dictatorship

of Cincinnatus

After a brief digression on external events L. returns to his main theme, the political situation at Rome and the contrasting characters of the politicians. He concentrates the attention on the personality of Cincinnatus. Whereas D.H. merely suggests that the popular clamour was for a dictatorship, L. narrows it to a cry for Cincinnatus. D.H. is interested in all the superficial details-the ploughing scene, the military operations, the circumstantial background; L. is interested in Cincinnatus because Cincinnatus is a homo vere Romanus, the perfect foil to Appius Claudius the Decemvir. Cincinnatus is reluctant to assume office, discharges it with exemplary devotion, and resigns it with speed. Claudius intrigues for power, misuses it, and has to be forced to abandon it. The two men are counterparts, representing the Roman ideal and its reverse, and for a reading public familiar with the evils of prolonged and usurped power L.'s message was clear. That the contrast between Cincinnatus and Claudius is deliberate and not fortuitous is demonstrated by the fact that the climax of their careers occupies the central section of the first Pentad (26-48) and that the curtain is raised on that section by the unique formula operae pretium est audire (26. 7 n.). It is not impossible that the Annales contained mention of the successive trials ofM. Volscius (24, 3, 25. 3), of the triumphs (24, 8), of the peace with the Aequi (24. ro), of the census (24. ro), of the mission to the Aequi (25. 6), of the grant of citizenship to L. Mamilius (29.6), ofthe military operations ofNautius and Fabius (29. 7-8), and of the religious events (29. 9). But Cincinnatus' dictatorship itself, like the exploits of Coriolanus, is fluid in date, and cannot have been firmly embodied in the documentary tradition (26. 6 n.). Likewise the defeat of Gracchus Cloelius by Cincinnatus is only one manifestation of an apparently timeless legend of the gens Quinctia in which a Cloelius is defeated by a Quinctius. The story reappears in substantially the same form in 4. 9. 12-10.9 (cf. the similar duplication of the Mamilius-Herdonius conflict). See A. Solari, Studi Liviani, 67-80. 24. 1. hoc bello perfecto: abrupt, since the only war that could be meant is the recapture of Antium, which L. has denied ever revolted. The reference must be to the account in Valerius (plerique) which L. was 43 6

3· 24·

L. Come]lius Serf. P.n. M[aluginensis] an. CCXCIV Uriti]nus cos. de Volsceis [A]ntiatib. IV id. Mai.

24. 9. extremum . .. anni: 6. 1 n. The assumption must be that consuls and tribunes were elected at the same time, presumably in July, and entered office at the beginning of August. 437

I

3.24.

10

459 B.C.

24. 10. Aequis: but they renew hostilities in 25. 5. If sufficient trust could be placed in the evidence for the revolt of Antium, it would be tempting to associate the peace not with the Aequi but with the Volsci Antiates. census: 22. I. The event must have been reported by different authors under separate years. For the figures cf. I. 44. 2 n. decimum: the twentieth is noticed in 293 (10. 47. 2). The fact is doubtless genuine. As, however, there was as yet no fixed interval for the ceremony lustrum condere it is impossible to base any conjectures on it as to the antiquity either of the pontifical records or of the city of Rome itself.

25.1. L. Minucius: P.f. M.n., a son of the consul of 492 (2.34. I). He was a prominent figure in the history of the next twenty years: for even ifhis inclusion in the second college of Decemvirs is false (35. lin.) and as a consequence the activities alleged to have been undertaken by him against the Aequi (41. 10,42. 5-7) no more than imaginary, he is indissolubly associated with the fate ofSp. Maelius and his name perpetuated both by the entry 'praefectus' in the libri lintei for 440 and 439 (4. 12. 8 n., 13. 7-8) and by the statue decreed him by the Senate for his services in informing against Maelius (4. 16. 2 n.). A prosecution levelled against him for false testimony in 436 is mythical (4. 2 I. 3 n.). L. lists him as the ordinary consul with Nautius but the Capitoline Fasti for the year record that he was cos. suff. and that he succeeded ..... Carve(l[ who died in office. A garbled version of the same tradition survives in Diodorus (11.88. I) who ascribes to Minucius as cos. ord. the impossible cognomen KapovT{avoS. The late chronographers who derive from imperial Fasti also supply the cognomen Atratinus. The entry in the Capitoline Fasti should be restored as [M. Papirius - j. -]n. Carven[tanus] and be regarded as a doublet of 4. 52. 4 n., where the libri lintei gave M. Papirius Atratinus as the colleague of C. Nautius in the consulship. See further Hermes 89 (1961),379 ff. C. Nautius: cos. 475 (2. 52. 6). 25. 2. M. Valerio Mani j.: Valeri j. manuscripts. Valeri could be a corruption for Volusi but there is no evidence of a father and son Valerius at this date both called Volusus (4. 49. 1 n.). It is a dittography of Valerio. In restoring the filiation l'J'. j. rather than M. j., thereby making him the son of the dictator of 494 (2. 30. 5), it is assumed that he is to be identified as the consul of 456 (31. 1 n.) whose name is given in its entirety by the Capitoline Fasti as M'.j. Volusi n. (Volkmann, R.E., 'Valerius (246)'). D.H. (10.8) in his version of the trial does not name the quaestors: M. Valerius here may owe something to the interpolations of Valerius Antias. For the trial see 24. 3 n.,

2.35.5 n.

458 B.C.

3. 2 5.

2

T. Quinctio: cos. 471 (2.56.5). 25. 3. iusto ac pio bellum: I. 32. 7 n. 25. 5. primo anno: 24. 10 n. Gracchum Cloelium: for the name Cloelius cf. I. 23. 3 n. Gracchus is surprising. It is not held by anyone before the Sempronii and of that family first by Ti. S. G., consul in 236. The name is Etruscan in origin (Schulze 172). On all counts, its etymology and its anachronism and its employment as a praenomen, it should be viewed with misgiving. The doubts harden when it is realized that the whole narrative is a dup.lication of the exploits of Aequus Cluilius (4. 9. 12 n.: see Pais, Anclent Legends, 191; Munzer, R.E., 'Cloelius (I) and (7)'). The later story has some historical foundation. A peril was invented worthy of Cincinnatus' mettle. See also next note. 25. 6. in Lanuvinum agrum, inde in Tusculanum: D.H. 10. 22. 4 has only JAauas fl-'XP' TVUKAoV 7TOA€ws. Editors from Cluver and Gruter have emended Lanuvinum to Labicanum, arguing by analogy from 7. 3 that the Aequi, who were situated to the east and south of Rome could not have been operating on the coastal plain, the area liable to inroads of Volsci. In 4. 9· 12, however, Gracchus Cloelius' exemplar, Aequus Cluilius, is a Volscian and is operating in agro Lanuvino round the town of Ardea and it is credible enough that details of geography should have been transferred as well as those of identity. legati: may be a duplication of the embassy in 466 (2. 3 n:; cf. D.H. 9· 60. 3-6), when Q. Fabius also demanded retribution from the Aequi. For Q. Fabius see I. 1 n., for Volumnius 10.5 n., for Postumius 2.42. 5 n. et ex [eo] foedere: cr. I. 23. 7 exfoedere ... repetitae sint (Sigonius). The mention of the specific treaty is too far back (25. 5) for the demonstrative to refer to it. 25. 7. ad quercum iubet dicere: an archaic detail of folk-lore is incorporated, which is to be connected with the religious origin of the iugum (first mentioned in 28. II). Like the tigillum sororium (I. 26. 13 n.), the trixylon or arch made ofthree staves (D.H. 3. 22) or spears had the magical property of divesting the enemy of their power to do harm. By passing under the yoke the enemy were immunized (Warde Fowler, Essays, 70 ff.). The belief in divine power latent in wood should be associated with the Latin conception ofJuppiter as an oakgod (A. B. Cook, C.R. 18 (1904), 362-79), as at Tibur (Pliny, N.H. 16. 237), Laurentum (Virgil, Aeneid 1I. 851), and Querquetulani; cf. the cult ofJuppiter Feretrius at Rome (I. 10. 1 ff. n.). It was a predomin~ntly Latin cu~t and the retribution brought upon the Aequi by theIr contempt of It can be seen as a vindication of the Latin gods against the less effective gods of their enemy. The motif of telling an inquirer to voice his complaints to an inanimate object is primitive; 439

458 B.C.

458 B.C.

see the examples in Stith-Thompson, Motif Index if Folk Literature, D 131 I. 4. The oaks of Algidus were still famous in L.'s day (cf. Horace, Odes 4· 4. 58). cuius umbra opaca: opaca must be nominative agreeing with sedes and umbra be a dependent ablative on opaca, as at Tacitus, Hist. 5· 3 rupem nemore opacam. 'whose shadow made a shady seat'. The parting remark of the legate which follows is strongly sacral in style. It is implied that they are Fetiales officially declaring war (D.H. 10. 23. I). 25. 8. quercus: i.e.]uppiter. Cf. the formula in I. 32. 9 n., echoed here. quidquid deorum est: 17.5,2.5. 7, 23· 9. 3. Compare the prayer which opens Horace's fifth Epode. adsint: 2. 55. 6 n. 26. 1. Joedati: often means little more than 'covered with blood' (Plautus, Amph. 246; Virgil, Aeneid 3. 24 I), but usually with the primary notion of defilement where the locality is sacred (18. 10). The word is unexpected here but was evidently in L.'s mind at the time for it occurs again at 32. 4 and elsewhere only once, 7. 34. I. A case of subconscious repetition (I. 14. 4 n.). nudati agri was suggested by Cornelissen (44· 27· 4)· 26. 2. Eretum: 29. 7, 38. 3 and thereafter only mentioned as a poststage on the Via Salaria (Strabo 5. 228; Itin. Anton. 306). It lay 17 miles from Rome and the site is identified by Ashby (P.B.S.R. 3 (1906), 27-30, following earlier antiquarians) near Casa Cotta. Its insignificance in later history, due in part to the spread of malaria, indicates that the importance ascribed to it in the present campaigns is historically authentic. A road from Capena and Lucus Feroniae leads to a Tiber crossing there. comparati ad eam: 'compared with'. ad ace. in this idiom, instead of the dat., does not appear to be found before L. except in Terence, Eunuch. 681. Its frequency in late Latin (LOfstedt, Syntactica, I. 188) might favour the view that it was a colloquialism (Introduction p. 2 I). reddidit: 60. 5, Nautius returned the Sabine plunderings with interest. 26.4. crevit ... audacia: 2. 47. 8. 26.5. tam nee finJopinatum: I. 57.7 nee [inJopinato viri adventu; 6. 40.3 neque novum neque inopinatum. The manuscripts present inopinatus once and necinopinatus, a monstrous word, twice. necopinatus occurs twelve times in L., inopinatus also at 34. 28. 10; moreover, necopinatus, a Ciceronian word, dies under the early Empire (last occurrence is in Florus) and was entirely replaced in general usage by inopinatus. At 6. 40. 3 the form inopinatum is guaranteed because the jingle resulting from neque nec- would be intolerable and because the combination of novus with inopinatus is a rhetorical cliche. In the two other places the

intrusive in must represent the redaction made in the fourth century when the obsolete necop. was glossed as inop. 26. 6. L. Quinctius ... dicitur: it is doubtful whether the dictatorship of Cincinnatus was securely dated in the Annales, since it is duplicated twenty years later in 439 (4. 13· 12) and his method of treating Minucius in 29. 2-3 betrays the embarrassed attempts of antiquarians to square the dictatorship with the absence ofany record in the Annales that the consuls resigned. The two main incidents of his life, the call from the plough and the rescue of the trapped army, are purely legendary. The ploughing incident is not tied to anyone phase in his career; D.H. attributes it both to his suffect consulship (10. 17· 3) and to his dictatorship while Cicero (de Senect. 56) places it at the time of his second dictatorship. It sits very uneasily even in L.'s narrative since it is hard to see how Cincinnatus could still be quasi relegatus after paying his son's vadimonium, if he had been consul in the meanwhile. It is also worth recalling that the mutineers of 342 (7. 38. 5-4 2 • 7) elected as general aT. Quinctius, living on a farm at Tusculum. The call from the plough was, therefore, a timeless episode involving a Quinctius. The rescue also occurs more than once in the pages of history: T. Quinctius relieves the consul Furius in 464 (4. 10 n.). The reason for anchoring it to 458, the consulship of Minucius and Nautius, seems to be none other than that a descendant of Minucius, M. Minucius C.f. Rufus, dictator in 217, was involved in a precisely similar predicament and had to be rescued by Q. Fabius Maximus (Polybius 3. 103-5). See Pais, Ancient Legends, 191; Hirschfeld, Kl. Schriften, 247; Piganiol, Mil. d'Arch. et d'Hist. 38 (1920), 288-9 1;]. Pinsent, C.]. 55 (1959),83. 26. 7. operae pretium est audire: a magnificent exordium ushering on to the stage the one man who exemplifies the highest Roman qualities of character. The phrase, 'an old introductory formula which in all probability originally belonged to forensic oratory' (Fraenkel, Horace, 81), can be illustrated from Greek (Aristophanes, Equites 624; Andocides I. 124; Isaeus 6. 35) and Latin (Ennius, Annals 465 V.; Horace, Sat. I. 2. 37; Plautus, Cas. 879; Terence, Andria 217: the references are Fraenkel's) but is employed only here by L. (Praif. I n.). This uniqueness stresses the emphasis which L. wishes to place on the moral character of Cincinnatus. It is a new opening. We are now to witness the contrast between contemporary decadence andancientsimplicity, between Cincinnatus and Appius Claudius. ubi e.ffuse ajJluant opes: afluo, read by M, was a technical term devised by Cicero to translate the Epicurean a7ToppEi:V: it had no wider vogue (B. Dombart, Neue ]ahrb.f Class. Phil. 115 (18n), 341-7; Stocklein, Prog. Dillingen, 1894, 31 fr.; Sinko, Thes. Ling. Lat. s.v. 'affluo'). For opes affiuere 'abound' cf. Sallust, Cat. 36. 4. The word-order shows that

44°

44 1

3· 25· 7

+

3· 26. 5

3. 26. 7

458 B.C.

458 B.C.

effuse must be adverbial and be taken with aifluant (e.g. I. ro. 4 against 40.44. 12). 26. 8. navalia: the docks on the left bank of the Tiber in the Campus Martius (see plan). First mentioned in connexion with the victory over the Antiates in 338 (8.14. 12) and perhaps referred to in a line of Ennius (477 V.), they figure prominently thereafter (references in Lugli, Fontes, 5. 58. 46-58). For the site see Platner-Ashby s.v.; Weiss, R.E., 'Navalia'; A. Elter, Rh. Mus. 46 (1891), 128. prata Quinctia: four iugera of land in the ager Vaticanus on the right bank of the Tiber (Pliny, N.H. 18. 20; Festus 306 L.). It is probable that the name was old and that the site of Cincinnatus' farm was subsequently localized there for etymological reasons to explain the name. The aetion was elaborated, for there is later mention of a Vicus Raciliani (C.I.L. 6. 975) and a collegium iuvenum Racillanensium (see Platner-Ashby s.v.). salute data: 10. 18. 11. 26.9. quod bene verteret: 1. 28. 1,3.35.8,62.5, 7· 39. 13, ro. 18. 14, 35. 14,29· 22. 5. Elsewhere the pious aside is confined to Plautus (e.g. Aul. 175, 257, 272; Trin. 502) and Terence (Eun. 390; Phormio 552). Nero used the formula in his prayers at the opening of the work on the Corinth canal (Suetonius 37). satin salve: I. 58. 7 n., the archaic greeting. Raciliam: a Latin name (Schulze 443). The only other known holder of it was L. Racilius, tr. pI. in 56. 26. II. navis: a detail inspired by the two ferries which the ports in the Aurelian Walls prove to have plied there in later times. amici, tum: Ver. reads amici tui et tum, which may represent an old variant in its exemplar but the wrong insertion of et (5. 32. 8, 50. 5) in that manuscript is an argument against reading amici tum et here. tum et is not found in the first Pentad. 26. 12. et virum in ipso imperio vehementiorem: I accept Walters' imperium for imperii but there is no need to follow Doujat in deleting in; see Gronovius's note.

27. 2. iustitium: 3. 6 n. 27. 3. duodenis: hardly credible, since in Per. 57 ad septenos vallos is a severe fatigue, while the usual complement was three or four (Polybius 18. 18. 8). D.H. ro. 24 does not specify the number but Ver. by its reading: val[lisque ante solis[

3. 27· 2

suggests that with 19 letters as the average for the line duodenis is too short. I would propose quaternis. [Martio] in campo: the order of words would be unprecedented. For the rare in Martio campo cf. Varro, de Ling. Lat. 6. 13; Val. Max. 9. 2. I. The choice lies between deleting Martio as a gloss (Niebuhr) or rearranging, as in M. c. (H.]. Muller) or in c. M. (Luterbacher). 27.6. itineri . .. proelio: technical; cf. Tacitus, Annals 13.40.2; Curtius

3. 8 . 23· quas tempus ipsum poscebat adhortationes: the encouragement is framed in short, passive sentences that distinguish Latin military style (obsideri, clausos esse, incertum esse, verti; cf. E. Fraenkel, Eranos 54 (1956), 189-94) and is couched in archaically colloquial language suitable to the age (maturato 1. 58. 5 n. ; for adderent gradum 'put on the pace' cf. ro. 20. ro, 26. 9. 5, Plautus, Trin. roro adde gradum, adpropera). The thoughts are cliches (Thucydides 7. 69. 2): for puncto ... verti, a Greek sentiment, cf. Cicero, Phil. 5. 26; Tacitus, Annals 5· 4. 27. 7. pervenire posset: 23.4 n. 27. 8. 'Adcelera': without the destination expressed IS a military command; cf. Caesar, B.G. 7. 87· 3 accelerat Caesar. 28. 1-10. Notice the careful variation of the structure. The initial reconnoitre is described in long, periodic sentences. As soon as the time for action comes the operations are related in short sentences without any connecting particles. L. manages to adapt the rhythm of his language to the rhythm of the battle. 28. 7. prohibenda: for the infinitive cf. 4. 2. 12, 5. 49. 8, 22. 60. 3. The marvellous circumvallation of the Aequi does not figure in D.H.

27. I. L. Tarquinium: so also D.H. ro. 24. 3. Tarquitium in the Capitoline Fasti (Sigonius) is a pedantic emendation by the compilers (Degrassi 24 f., 362 f.) under the influence of the fact that, whereas Tarquinii are virtually unheard of in the late Republic, Tarquitii are well known, e.g. C. Tarquitius, quaestor in 8 I ; L. Tarquitius (Cicero, ad Alt. 6. 8. 4). sed qui cum . . .fecisset: to be retained. A double opposition is implied. Tarquinius is a patrician but too poor to be a knight, Tarquinius fought in the ranks but his prowess made him the leading figure in the army (Mikkola, Kon;;;essivitiit, 45).

ro.24· 28.8. prior: added to expand and explain ilia (nom. = pugna). 28. 9. ut: where two clauses, the first negative, the second positive, are introduced by ne, it is usual, as at 46. 9, for the second to be linked to the first by an adversative et or atque (cf. Curtius 8. 14. 35; see Walch, Emendationes, 227). Allen proposed et for ut here, but the passage is so carefully balanced (a proelio I adpreces; hinc ... hinc) that two independent clauses (ne ... ponerent, ut sinerent) suit the rhythm better. irifensus: Madvig; cf. 29. 31. 12, 1. 53. 10 n. The incensus of the

44Q

443

458 B.C.

458 B.C.

manuscripts would require odio, ira, or the like expressed. See W6lffiin, Livian. Kritik, 14. 28. 10. iugum: I. 26. 13 n. L.'s explanation is a rationalization of a primitive apotropaic rite, examined by S. Eitrem, Symb. Os!. 25 (1947), 39-40 with bibliography. 28. 11. sub hoc iugum: the acc. is invariable with sub after mitto in the phrase.

references to the custom (4. 20. 2, 53· 11,5· 49· 7,10.30.9; D.H. 2. 34, 7· 72 ; Plutarch, Marcellus 8; Aem. Paullus 34; Appian, Libyc. 66; Pliny, N.H. 19. 144). 29.6. Mamilio: not in D.H., but not necessarily a doublet of 18. 10 n. Citizen-rights were a talking-point in the second century (Appian, B.C. I. 23) and the precedent of L. Mamilius was cited (ef. Cato fro 25 P.). It was part of the oldest historical tradition. comitia: 2. 41. I I n. in exsilium abiit: 13. 8; the preposition is only omitted when it can be understood am) KOLVOV (Catullus 33. 5; Val. Max. 3. 8. 4). D.H. follows another tradition which keeps Volscius continuously in the tribunate with Verginius for five years ending with 457. 29. 7. sexto decimo: the figure was probably inspired by the reflection that a trinundinum had to elapse between the report of the investigating magistrates (25, 3) and the vote in the comitia. Cincinnatus' tenure of office represents two-thirds of that interval. Cf. 4. 34. 5; 47. 6. Fabius [Q] : 3. I. I n. 29.8. crearet: Ver.; for the singular ef. 4. 16. 7. 29. 9. lupos: 5. 14 n. lustratum : 18. 10.

3.28·9

29. 2-3. The resignation of Minucius is entirely duplicated from the case ofM. Minucius in 217, described by L. 22. 29. 7-1 I. It is introduced to account for the fact that there was no primitive record of Cincinnatus' dictatorship in this year and hence no mention of any abdication by Minucius. In constitutional theory the dictatorship would put all the other magistracies into suspension (Mommsen, Staatsrecht, I. 249). See Walsh, Livy, 90; T. A. Dorey, ].R.S. 47 (1957), 92-96 (unreliable). 29.3. coronam auream: the difficulty of the phrase has not been felt, since at 26. 48. 14, which is usually cited as a parallel, the right reading is corona
3. 2 9. 5

militaria signa: 3. 10 n. 29. 5. carmine triumphali: L. describes a Roman triumph one of whose n;lOst prominent features was the ribald and impromptu singing in versus quadratus that accompanied the procession. There are numerous

30-32. Annalistic Notices: the Preliminaries to the Decemvirate The character and career of Cincinnatus have been depicted. It is now time to pass on to his opposite, Appius Claudius. In L.'s sources, however, a considerable quantity of material interposed which L. is eager to hasten over. His record for this year is both terse and defective. The concision can be judged by D.H.'s treatment of the Lex Icilia (3 I. I) for he devotes several paragraphs to what L. dismisses in six words. The omissions include the Siccius episode (43. 2 n.) which figures largely in D.H. (10.37), and the Lex Aternia Tarpeia (3 I. 5 n.). It follows that L. felt obliged to deal with the details in his sources but had no wish to linger over them. His style is equally impatient. There are no indications that L. has abandoned Valerius Antias. Such evidence as there is points to the opposite conclusion. The allusion to the Tusculani (3 I. 3) is a doublet of the similar note in the Licinian 23. 3. L.'s source was late Republican, evidently active after 80 B.C. (31. 5 n.), and followed the tradition of Piso (30. 7 n.). How far his facts were reliable is difficult to judge but if, apart from the embassy to Athens (3 I. 8 n.), the figures for the fines (3 I. 6 n.) and the casualties at Algidus (3 I. 4)-typically Valerian sums both -are bogus, the remaining core looks impressively authentic. See Soltau 160; Burck 289; Klotz 263-5. 30. 1. Q. Minucius: P.f. M.n., a brother of the consul of the preceding year.

444

445

L. Quin]ctius Lf L.n. Cincin[n]atus an. CCXCV dict(ator)] de Aequeis idibus Septembr.

3. 30.

457 B.C.

456 B.C.

M. Horatius Pulvillus: for the praenomen see Broughton, p. 27, n. I; for the cognomen see 2. 8. 4 n. He was consul in 477 (2. 5 I. I n.). 30. 2. exarserant animis: as at Tacitus, Annals I. 5 I. 8; cf. Sallust, Hist. 2. 44 animi exarsere. 30. 3. subitarium: 4. I I n. (Valerius). 30. 4. additus terror: VeL's reading (.. ditur terros) suggests that a switch of final consonants occurred in an early stage of the transmission, which was emended to additur terror in the Nicomachean recension. The past tense is required: cf. 25. 9, 38. 4, 9· 40. 13· agros Romanos: read agrum Romanorum (cf. 2. 43. I) with V er. Where agri is used in the plural it denotes individual fields. Here Roman territory in general is meant. 30. 5. perculit: 38. 6. parvum: parum is enticing. 30. 7. tricensimo sexto anno: allowing for the two pairs of consuls whom L. omits in the story of Coriolanus, and assuming that 492 (2.34. I) was the first year a primis, the figure agrees with the number of eponyms contained in L.'s narrative. See 33. In., 4. 7. I n. decem: it was argued above (2. 58. I n.) that in 471 the tribunes were increased from two to four, not five, in number, and that they were associated with the four urban tribes. The subsequent number ten, which prevailed in historical times, was the result of the assimilation of the tribunate into the Roman constitution, whereby tribunes became magistrates and not extra-constitutional commissars. Such a change cannot be dated before the Decemvirate. An explanation may be found in the fact that the consul of 449, who initiated several democratic reforms, was also a M. Horatius (Barbatus). Hence the increase in the tribunate was associated with the wrong M. Horatius and transferred from 449 to 457. See references at 2. 58. I n. For L.'s omission of the Siccius episode see 48. 2 n. 30. 8. Ortonam: 2. 43. 2 n. multos mortales occidit: I. 9. 8 n.

Latium and abroad. The land in Rome itself was monopolized by indigenous Romans. The outsiders had to look elsewhere. As their numbers increased they could bring growing pressure on the Senate until they succeeded in extorting the necessary permission to settle on the Aventine. That the right to build on the Aventine was gained at this date (456) is also suggested by the fact that whereas the First Secession was to the Mons Sacer, the Second in 449 was to the Aventine. But whether the bill was proposed by the tr. pl. Icilius as is implied by 32. 7 and described in detail by D.H. is more doubtful. The name of the mover would not be associated officially with the terms of the bill and, in any case, a tribune could not be responsible for legislation. See E. S. Staveley, Athenaeum 33 (1955), 12-23. 31. 2. rifecti. insequente: the conjecture found in U is certain. VeL by its corrupt rifectis his sequente shows that the text was already disturbed before the fourth century and Nicomachus' rifecti. hi sequenti is a mere emendation of it, a bad emendation because sequente for insequente would be unique here (Stacey, Archiv Lat. Lex. 10 (1898), 61 ; Fugner) and since there is no preceding insequor to make the prefix carried over (19, I I n.) and nothing in the context to call for an unusually striking word, the normal insequente is needed. The ellipse of the demonstrative can be paralleled by many passages in L. (I. 50. 8, 5.44. 3, 7.40.2, 8. 3. 5, 9· 41. 2; Pettersson). The corruption arose from isequente. T. Romilio : the antiquity of the family is proved both by the legend of Denter Romulius (Tacitus, Annals 6. I I) and by the existence of the tribus Romulia. He is, however, the only member of the family to reach the Fasti. Cf. 33. 3: see Alfoldi, Hermes 90 (1962), 206. C. Veturio: son or grandson of the consul of 499 (2.19. I). See 32.3; Gundel, R.E., 'Veturius (10)'. iaceret: 'lie dormant'. The use is colloquial. Other than 4· 5 I. 4, another plebeian outburst, the only times it appears to occur in this sense are in racy letters; e.g. Cicero, ad Au. 7. 23. 3; Caelius, ad Fam.

1

8.6·4·

3.31. 1

31. 1. M. Valerius: 25. 3 n. Sp. Verginius: Af. An., son of the consul of 494 (2. 28. I). annona: from the Annales. de Aventino: archaeological and literary evidence agree that the Aventine, lying outside the city walls and the pomerium, was only sparsely populated before the middle of the fifth century (A Merlin, L'Aventin; Bayet, tome 3, 126-9; F. Castagnoli, Topogrrifia . .. di Roma, 18; G. Lugli, I Monumenti Antichi, 3. 548-59). But the est~blishment by Servius Tullius of the Latin cult of Diana on the Aventine points to the fact that already it was beginning to be felt as the focus not so much of the plebeian element in the state as of all the emigrants from

31. 3. recens . .. auxilii: = 23.2. in Algido: D.H.'s J4.VTtOV is no more than a textual corruption for J4.Ayt8ov (Klotz 264). 31. 4. praeda: 2. 42. I n. 31. 5. Sp. Tarpeio, A. Aternio: 65. I n. Mystery enshrouds both men (Krebs, R.E., 'Aternius'; Munzer, R.E., 'Tarpeius (4)'). Neither name is found again in the Fasti, or indeed in any prominent connexion in Roman history. Aternius is perhaps Etruscan in form (Schulze 269) although Borghesi ((Euvres, 9. 55) derived it from the river Aternus in southern Italy. It is found on late inscriptions (C.I.L. 6. 16628; 10. 5162: I.G. 22 • 4245, 3992). Tarpeius (I. II. 6 n.) likewise may be Etruscan. In that case it must be supposed that they were

44 6

447

454 B.C.

454 B.C.

representatives of two old Roman families which died out after the fifth century. Romilius affords an obvious parallel. On the other hand they are always associated as a pair, and always in connexion with the Lex Aternia Tarpeia, a law regulating the payment of fines in money instead of cattle (Aul. Gell. I I. I. 2; Festus 270 L. ; Cicero, de Rep. 2. 60). The fact that there was another tradition, doubtless inspired by political motives, which made them extraordinary tribunes (65. I) because the law to which they gave their names ought to have been a popular, i.e. tribunician, measure and not a consular one, gives rise to the possibility that originally they had no fixed place in the Fasti or in the orthodox chronology. Like Papirius and Sempronius of the Ardeatine treaty (4. 7. 10 n.) they were inserted into it later. Money fines before 430 are difficult to credit. L. himself makes no allusion to the law. G. Calvio [Claudio] Cicerone: a surprising name. D.H. (10. 48. 252. 5) attributes the prosecution to the plebeian hero, L. Siccius Dentatus, and has not a breath about Cicero. The legend about Siccius is ancient (Munzer, R.E., 'Siccius (3)'; Klotz 264; Klio 33 ( 1940), 173-9). He has all the characteristics of a timeless Roman hero. Cicero, on the other hand, is an upstart. The earliest recorded Calvius is M. CalviusA.f., a merchant at Delos in 74B.C. (B.G.H. 8 (1884), J46ff.). The cognomen Cicero was unheard of before a novus homo from Arpinum gave it a certain notoriety in the 80'S. In short, it would seem that Valerius Antias has substituted, out of compliment to M. Tullius Cicero, a putative ancestor in the person of C. Calvius Cicero. The substitution gave a spurious air of antiquity to the name. Claudio is a less choice dittography for Calvia. A similar objection may be brought against 1.. Alienus. Quite apart from the impossibility of an aedile prosecuting at so early a date (6. 9 n.; it is an anachronism: for the subsequent jurisdiction of the aediles in historical times see Mommsen, Staatsrecht, 3. 492), the name Alienus is not to be found before C. Alienus, subscriptor ofQ. Caecilius in the preliminaries of the Verrine case conducted in 70 B.C. (Div. in Caec. 48). 31. 6. decem milibus: 2. 52. 5 n. 31. 7. consenuerat: 'lapsed', cf. Cicero, de Drat. I. 247. aequandae libertatis: 39.8 n., 56. 9, 67· 9, 4. 5. I, 38. 50. 8. aequa libertas was a political slogan of the late Republic (cf. Cicero, de Rep. I. 43, 53, 69), with a peculiarly Roman meaning. Unlike the Greek iAw6£pla which was equivalent to equality of political rights (laol'OfLla and la7Jyopla), aequa libertas was not so radically democratic, meaning no more than equality before the law (Cicero, pro Cluentio 146). libertas was not incompatible with government by a few who possessed dignitas or auctoritas. It was incompatible with laws of personal exception, privilegia. aequa libertas significantly is used with regard to cor-

porate bodies, not individuals. The interpretation of the Decemvirate as an attempt by the plebs to secure relieffrom adverse discrimination under unwritten laws was, therefore, devised by Sullan annalists. Valerius Antias is cited at 38. 54 ff. as advancing such an interpretation of the trial of Scipio in 187 B.C. See further C. Wirszubski, Libertas, 9-15. 31. 8. daturum: the distinction between a lex data (e.g. 9. 20. 5) and a lex rogata is clear and unambiguous. Mommsen argued that since the Decemvirs possessed extraordinary powers they did not have to submit their laws to the comitia. In fact, they did submit them for approval and the consulare imperium with. which they were invested could not have dispensed them from the obligation in any case. Read laturum with Klockius: cf. Cicero, Or. fro A. 7. 8 legem . .. dedit. quid est hoc 'dedit' ? an tulit, an rogavit, an hortatus est?

3· 3 I. 5

448

3· 31. 7

The Embassy to Athens On the contested question of the historicity of the embassy to Athens two preliminary points may be stated. L. presents the purpose of the embassy as being to secure a new code oflaws. As a matter of historical fact the issue was not the supersession of an old system by a new system. It was the codification and publication of existing laws. Till the Decemvirate, Roman laws were unwritten and by' their very nature, therefore, arbitrary and tyrannical. The jJlebs was pressing for open justice. Secondly, the existence of certain Greek elements and concepts in the Twelve Tables cannot seriously be denied (Wenger, Die Q.uellen des Ramischen Rechts, 1953, 364--72; see the review-.by A. Momigliano, ].R.S. 33 (1943), f02-3, who inclines to .:scepti~ism; B. Friedmann, Die ionischen und attischen Warter im Altlatein) .. The eilxliest version merely states that Decemvirs were appointed qui et summum imperium haberent et leges scriberent (Diod. 12 .. 26; Cicero, de Rep. 2. 61). There is no whisper of Athens. Subsequently, in part no doubt as a result of Sex. Aelius Paetus' commentary on the Twelve Tables which will have drawn attention to the Greek elements in them, the notion of an embassy to explore Greek models was adumbrated Womponius, Dig. I. 2. 2; cf. Dio = Zonaras 7. 18). Once the idea ofa Greek origin had taken root it was natural that it should grow and that it should be invested with circumstantial details, nameS of people and places. Two main lines were followed. Varro claimed to have seen a statue Hermodori Ephesii in comitio ugum quas decemviri scribebant interpretis, publice dicata (Pliny, N.H. 34. 2 I). Hermodorus was then alleged to have been a contemporary of Heraclitus and, being banished from Ephesus, to have fled to the West with the secrets of Ionian justice (Strabo 14. 642; Diog. Laert. 9. 2: Diels-Kranz, Frag. der Vorsokr. 22 B 121 ; for a possible work by Hermodorus see Wilamowitz, Abhand. Akad. 814432

449

ag

454 B.C.

453 B.C.

Berlin, 1909, 17). Munzer, however, has advanced the attractive view that the statue which Yarra saw was none other than the dedication by Heraclitus and Hermocrates who were sent as delegates from Ephesus to Rome towards the close of the Mithradatic War in 80 B.C. (C.I.L. 6,373 = Dessau, I.L.S. 34). It was tempting for antiquarians familiar with the traditional connexion between Rome and Ephesus as symbolized in the cult of Diana (I. 45. 2 n.) to antedate such contacts. To most Romans, however, law meant Solon's laws and it was inevitable that sooner or later the Twelve Tables should be associated with Athens. The first suggestion of it may have been made by L. Aelius Stilo Praeconinus (Suetonius, Gram. 3; E. Ruschenbusch (Historia 12 (1963), 250 ff.) would attribute it to Servius Sulpicius Rufus in 55-52 B.C. but the evidence is inconclusive). It is difficult to believe there is any substratum of truth at all. True, Rome was emergent and ambitious, but there were sources of Greek law much nearer to hand than Athens. One might have expected, if there were relations between the two cities, that Rome would have played some part in the events leading up to the colonization of Thurii in 443. But neither over that matter nor on any other does Rome leave a mark in the Greek sources (for Thucydides 2. 37. I see Gomme's note). There is no necessary connexion between the Twelve Tables and the reforms of Ephialtes. The whole episode is a fiction of the early first century. See further Helbig, Atti Acad. Lincei, 6 (1889), 79 ff.; F. Bosch, de XII Tabularum lege, Diss. Gottingen, 1893; Berger, R.E., 'tabulae duodecim'; Volterra, Diritto Romano, 84; Taubler, Untersuchungen zur Geschichte des Decemvirats, 14-63; G. Ciulei, Zeit. Sav.-Stijt. 64 (1944), 350-4. i L. Ferrero, Storia del Pitagorismo, 129 f., who detects Tarentine influence. Sp. Postumius: 2. 42. 5 n. A. Manlius: 2. 54. I n. P. Sulpicius: 10. 5 n. All three names were selected because they were known to have been Decemvirs (33. 3 n.).

32. 2. pestilentia: 2. I n., from the Annales. 32. 3. jlamen Quirinalis: I. 20. I n. Ser. Cornelius: cos. 485 (2. 41. 12). augur: 7. 6 n. Horatius, the consul of 477 and 457, is not recorded in the extant fragments of the augural Fasti. 32. 4. mortuus: according to D.H. 10. 53. 3 he was succeeded by Sp. Furius (cos. 464) as suffect consul but Furius did not long outlive his predecessor. There is no indication of the death of either consul in the Fasti (Degrassi 93---g4). 32. 5. C. Menenius: Agrippae f. Agrippae n., a grandson presumably of the famous consul of 503 (2. 16. 7 n.). See Festus 270 L.; Munzer, R.E., 'Menenius ([8)'. P. Sestius Capitolinus: Q. f. Vibi n. Capito, according to the Fasti unless Capito (cf. Priscian 4. 7) is a cutter's error for Capitolinus. A member of the first college of Decemvirs (33. 3, 33. 10 n.). No other consular Sestius of the period is known but that should not encourage beliefthat he has been interpolated from his famous namesake, the first plebeian consul of 366. The manuscripts read Sextius here as at 33. 3 and 33. 10 against Sestius in 33. 4 (also in all other authorities). The choice is difficult and unimportant. See Munzer, R.E., 'Sestius (9)'; Sigwart, Klio 6 (1906), 279, 283. 32. 6. sine provocatione: 54. 14 n. 32. 7. lex Icilia: 3 I. I n. sacratae leges: 2. 33. 3 n.

3· 3 1 • 8

3.3 2 •

2

32. 1. P. Curiatio: of. -no Fistus Trigeminus according to the Fasti. He is also listed as a Decemvir in 451 (33. 3). The Curiatii were legendary (I. 24. I n.) but, beyond a tribune of the plebs in 40 I (5. I I. 4 n.), no other Curiatii achieve mention until two second-century moneyers C. Cur(iatius) Trige(minus) and his son C. Cur(iatius) Trig(eminus) J(ilius). The other authorities, however, all conspire on the same nomen and praenomen (references in Broughton; Munzer, R.E., 'Curiatirs (6)'), except for D.H. who in both places calls him P. Horatius. Since the list of Decemvirs is to be trusted, we may trust Curiatius too and regard D.H.'s Horatius as a mere conjecture based on the rarity of the name Curiatius or a recollection of the feud between the Horatii and Curiatii. See I. 30. 2 n.

33-42. The Decemvirate Historically the first half of the fifth century, after the expulsion of the kings, was a period in which the gradual emergence of a patrician oligarchy led to the hardening of political divisions within the state ofRome. The prestige enjoyed for a long succession ofyears by families like the Fabii was based primarily on their military success in withstanding Etruria and extending their influence over Latium. Rome lay between two fires, between the Etruscan empire to the north and the joint infiltration of the Volsci and Aequi to the south-east. Only a strong and sizeable alliance could guarantee her independence and it was to the credit of the ruling oligarchy that they had built up that alliance along the lines which Servius Tullius had already indicated and Sp. Cassius prepared. It is in the nature of oligarchies to be exclusive. Whereas under the kings patricians and plebeians enjoyed if not parity of esteem at least equality of opportunity, in the fifth century the leading patrician families tended to concentrate power and prospects into their own hands. If one consequence of this was to promote efficient government, another was to arouse in the hearts of the suppressed elements in the

45 0

45 1

451 B.C.

451 B.C.

state a desire to assert their 'rights', particularly when Rome began to recover from the economic doldrums ofthe 49o's. The growing tension can be seen in the First Secession, in the creation of the tribunate, in the limitation of the consular magistracies to patricians, magistracies which had been held by plebeians like Sp. Cassius in the early days of the Republic. One of the principal weapons which oligarchies have always employed to maintain themselves is the control of the processes of justice. Conversely, as can be seen in Athens after the reforms of Pericles and Ephialtes, the hall-mark of democracy is the openness with which it conducts its business. All laws and transactions are publicly recorded and displayed. I t is, therefore, to be believed that at Rome the patricians resisted the pressure from the rest of the community to have the laws published, because it was easier to manipulate justice to their advantage if the laws were ayparPot v6f.Lot. The Decemvirate marks a retreat from the oligarchic stronghold, a concession to democratic demands. Rome did not need a charter or a constitutionshe had that-but she did need a legal codification to which all citizens of every degree could have access. The popular outcry of the fifth century should be compared with that at the end of the third century when it was felt that the priestly colleges, as an eminence grise, were able to wield undue power. The outline account of the Decemvirate and the Twelve Tables as presented by the sources is, therefore, to be accepted in substance. I t is proofagainst the most radical scepticism, for the parochial character of some of the surviving provisions of the Tables (e.g. trans Tiberim; occentassit; conubium) is only compatible with a fifth-century date. The precise details are more blurred. It is uncertain whether Ap. Claudius and his colleague actually entered office as consuls and then co-opted eight legati to act collectively as Xviri legibus scribendis (so Cicero, de Rep. 2. 61; Fast. Capit.; cf. 56. 9) or whether the constitution was entirely suspended and a special college of decemviri appointed with plenary powers. The former is perhaps more in accordance with with Roman practice but, wherever the truth lies, that body of ten, with the possible exception ofT. Genucius (33. 3 n.), is trustworthy. Tiubler has shown that their names would have stood at the head of the original Tables or at least been recorded in the Fasti. Equally, the second college is fictitious from start to finish (35. I I n.). It is not difficult to trace how and why the fiction came about. Tradition knew that the Decemvirate was by intention a board designed to conciliate the disaffected plebs. Equally, tradition knew that it failed to do so and that it was replaced by a consular pair (Valerius and Horatius) who inaugurated more sweeping democratic measures. The plebs had demanded the safeguard of a codified legal system. When they had won it, they were profoundly dissatisfied with it because it revealed

and enshrined the full extent of the disabilities under which they lay. Discriminations like conubium, which previously had enjoyed merely the sanction of social convention, now acquired the force of law. No wonder that they reacted against the Decemvirate and secured by a second secession substantial improvements under the Valerio-Horatian laws. It is no accident that archaeologists are agreed that the decisive break with Etruscan contact came not at the end of the sixth century but around 450 when Greek imports suddenly cease. 1 The process which was started by setting up the Decemvirate ended with a total victory for the Roman plebS who established their rights and asserted the independence not merely of their community but of Rome. Roman historical tradition dealt somewhat differently with the facts. I t was known that the Decemvirate lasted for more than a year, so it was natural on Roman principles to think of two Decemvirates. There may also have been an archaeological indication that pointed the same way. Although the Twelve Tables are always regarded by jurists as a single document, the sources consistently speak of the Ten and the Two (37. 4; Cicero, de Rep. 2. 63; Diodorus 12. 26; Zonaras 7. 18; one of the Two dealt with conubium) which were said to have been added subsequently either by the second college or by Valerius and Horatius. The most reasonable explanation of the peculiarity is that the Ten and the Two were preserved on separate inscriptions. It may even be that the Two were restored after the Gallic sack, and hence gave the appearance of being more recent. However that may be, two colleges of Decemvirs were postulated, a Good and a Bad, and names invented to fill the second. The excesses of the second college provided a dramatic transition to Valerius and Horatius. Since the law on conubium was passed by the second college, the drama was heightened by the introduction and elaboration of the myth of Verginia (see below on 44 ff.). It provided a fine touch of tragic irony. The story reached its fully developed shape during the third century and, like many other Roman legends formulated in that period, owes something to Greek models. The duration of the whole Decemvirate, a little over two years, may be influenced by the activities of the archon Damasias, and the general behaviour of the second college is reminiscent of the behaviour of the Thirty Tyrants. The daily rotation of the Decemvirs may be drawn from the same period (33. 8 n.). The effect of the process was to crowd out of the picture all the other reforms for which the Decemvirate is commonly held to be responsible. Attention was focused exclusively on the tyrannical character of the Decemvirate and, in particular, on Appius and

3.33-42

45 2

1 The evidence is reviewed by A. van Gerkan, Rh. Mus. R. Bloch, R.E.L. 37 (1959), lIB ff.

453

3.33-42

100

(1957), B2-97, and

3.33-42

451 B.C.

Verginia. The reform of the calendar, the creation of consuls as wel1 as praetors, the establishment of a permanent magistracy of quaestors., the reorganization of the census and the judicial procedure were banished from the main stream of Roman history and were left to be inferred from a few scattered allusions as being part of the work of the Decemvirs. The Decemvirate was ofinterest to Romans only political1y and moral1y. In consequence it is clothed in the ful1 dress of contemporary politics. In L.'s account there are many touches which are clearly late Republican-the crowds outside the Curia (39· 6, 41. 4), the altercatio in the Senate (39. 2 n.), the division into populares and optimates (39. 9), the bonorum donatio (37. 8 n.). Klotz and Volkmar have even endeavoured to prove that the whole narrative in L. is closely model1ed on the career and conduct of Caesar in 59 and 49-44, from which it would fol1ow that either L. was drawing on a source later than 44 (perhaps Aelius Tubero) or that he was himself responsible for al1 these additions. The hunt for anachronisms of this kind is, however, treacherous (see Syme, ].R.S. 35 (1.945), 107) and it can be shown that all the Caesarian parallels have impressive Sullan counterparts (35. 8 n.; 36. 3 n.; 36. 9 n.; 38 . 8- 13 n.; 38. 9 n.; 39. I n.; 40. 7 n.). In outline and in detail the account which L. adopts had been fixed by 70 B.C. It contains some startling discrepancies with D.H., who, for example, omits entirely the episode ofJulius and Sestius (33· 9- 10), and there is nothing to refute the suggestion that it is in the main the work of Valerius Antias which L. continues to fol1ow. His own improvements on it are artistic. He is concerned with the psychology of the principal actors, above all ofAppius. His treatment of the events in 38-41 does not so much inform the reader what actual1y happened as show him what effect the events had on the various parties. The narrative of the Decemvirate is for him a curtain-raiser to the myth ofVerginia. She occupies the central part of the book; the happenings that lead up to the myth are subordinated to it. They are of significance to L. only in so far that the Twelve Tables were among the noblest of Roman institutions (34. 6), that the Decemvirate could be interpreted to mark a stage in the development of the Roman constitution, and that its whole course was an illustration of the moral: 'adeo moderatio tuendae libertatis, dum aequari velie simulando ita se quisque extollit ut deprimat alium, in difficili est ... et iniuriam ab nobis repulsam tamquam aut facere aut pati necesse sit iniungimus aliis.' The most important modern contribution to the subject is the study by E. Taubler, Untersuchungen ;;:ur Geschichte des Decemvirats und der Zwolftafeln. For other detailed discussions see Lambert, N.R.H. 26 (19 02 ), 149-200; Rev. Gin. Droit 26 (1902)1 385-421; 27 (190 3), 454

451 B.C.

3.33-42

13-22; Pais, Storia, I. 550--605; W. Soltau, Zeit. Sav.-Stift. 38 (1917), 1~20; J. Elmore, Glass. Phil. 17 (1922), 128-40; V. Ragusa, Le XII Tavole (1924); G. de Sanctis, Riv. Fit. 52 (1924), 266; Baviera, Studi Pero;;:zi, 1925, I ff.; Beloch, Rom. Gesch. 236-43; H. S. Jones, G.A.H. 7.458-62; A. Berger, R.E., 'Tabulae Duodecim'; Jolowicz, Historical Introduction to Roman Law, 11-13, 106-11; J. M. Nap, Die Romische Republik, 400-29; V. Arangio-Ruiz, Storia del Diritto Romano, 53--82; L. Wenger, Die Quellen des Rom. Rechts, 357-72; J. Bleicken, Das Volkstribunat, 14, 112 ff.; for the Greek elements see Zarncke, Gommentationes Philologicae O. Ribbeck; Goossens, Latomus 5 (1946), 278-9; for anachronisms see A. Volkmar, de Annalibus Quaestiones; A. Klotz, Rh. Mus. 87 (1938), 46; for L.'s treatment of the material see Burck 31 ff.

33. 1. anno trecentensimo altero: = A.D.C. 302. For the meaning of altero cf. Cicero, pro Mit. 98; Manilius 4. 466 with Housman's note; Sigonius and others have wished to understand it as 30 I. If the text is sound, L. gave a date one year behind that of the Varronianchronology which dated the first Decemvirate to 303. The few absolute dates which are to be found in L. are probably not taken over from his sources but are the result of his own computation. If you add to the figure given for the duration of the kingdom (I. 60. 3 n.) the actual number of consular lists, omitting the extra col1ege found in the manuscripts of2. 15. I (where see note) and adding two consular pairs deliberately suppressed by L. in the account of Coriolanus (2. 34 n.) the total of 302 is reached, which agrees also with tricensimosexto in 30.7 (n.). The next absolute date is 4. 7. I where the consular tribunes are instituted anna trecentensimo decimo = A.D.C. 310 which again is in harmony with the actual eponymous lists since it is clear that although the second Decemvirate in L.'s view extended into a second year (38. I, 40. 10; 39. 9, 55. I), it did not last for more than an extra six months at the most (from May to December). It would therefore be mistaken to suppose that L. attributed three years in all to the whole Decemvirate. He made the duration of the Decemvirate somewhat over two years and al10wed the rest of the third year to the consulship of Valerius and Horatius. (The date in 5. 54. 5 is not relevant to the argument because it occurs in a speech, not in the narrative: see note; for the later dates see Bayet, tome I, cxii-exxvi.) It can be demonstrated that similar calculations based on the magistrate lists given by Licinius or Valerius would be substantially different. Valerius, for instance, must have included the consulship of P. Valerius III and M. Horatius II (507 B.C.) which Licinius omitted 2. 15. I (n.). Valerius' absolute date for the Decemvirate would as a result have been the Varronian, not the Livian. See further Mommsen, Rom. 455

451 B.C.

451 B.C.

Chronol. 121 ff.; L. Holzapfel, Rom. Chronol. 18, 28, 63 ff.; G. Costa, [ Fasti Consolari Romani; Bayet, loco cit.; A. Momigliano, ].R.S. 35 (1945),144; Ogilvie, ].R.S. 48 (1958),43 (the views there expressed are substantially modified in the present note); G. Perl, Krit. Untersuchungen zu Diodors Rom. ]ahrZiihlung, 35 ff. L. gives absolute dates only for events of the first magnitude. mutaturforma civitatis: a distortion of the facts, since the Decemvirate was a'·legal commission, not a formal constitution, but it is in keeping with the distortion of the terms of the Terentilius proposal (9· 5 n.). Echoed by the Emperor Claudius (I.L.S. 2 I 2): quid a consulibus ad decemviros translatum imperium (commemorem) ? ' 33. 3. decemviri creati: D.H. ro. 56. I gives substantially the same list except that he gives Veturius the praenomen TtTO" Postumius II67TAto" and Sulpicius L£poviAw,. He also lists P. Horatius for P. Curatius. Of these differences the last is probably a textual corruption (32. I n.). The case ofP. Sulpicius is a confusion due to Valerius Antias (ro. 5 n.) so that the disagreement over this praenomen should not be disturbed by emendation. II67TAw, looks like a trivialization of L7T6pw" which should be nestored in the text of D.H. (ef. 9. 60. I). In the name of Veturius the fault lies rather with Livy. The presumption, explicitly stated by D.H. ro. 56. 2, being that the Decemvirs were all consulars, since there is no consular L. Veturius, either T., the consul of 462 (8.2), or C., the consul of 455 (31. 2), is possible. T. is preferable and the necessary change should be incorporated in the text. While the lists ofD.H. and L. can be made to square and are in general agreement with the fragments of the Fasti, Diodorus 12. 23. I contains several minor divergences (P. Claudius, C. Sulpicius, Sp. Veturius) and one major innovation, TtTO, MtVOVKW, for T. Genucius. The variations of praenomina may result from the fact that in the original documentary sources only nomina were transcribed. Historians were at liberty to identify the Decemvirs with any members of the gens and consequently the sources of Diodorus and ofLivy and D.H. could enjoy considerable latitude, but Perl has shown that both Diodorus and his copyists have been reckless in their treatment of the material. It was only by the middle of the first century that a conventional list had been settled. The case of Minucius for Genucius is more debatable. The nine other Decemvirs belong to patrician Roman families and they had all held the consulate (for detailed evidence see 2. 42. 5 n.,; 43· I n.; 54. In.; 61. 7 n.; 3. 31. 2 n.; 32. 5 n.) but no Genucius appears in the Fasti before M. Genucius, who is credited with a consulship in 445 (the evidence is not above suspicion; 4. I. I n.), and Cn. Genucius, consular tribune in 399 and 396. The Genucii were otherwise a plebeian family who may have migrated from Etruria to Rome towards the end of the fifth century under the pressure of the

Celtic invasion. They only rose to prominence in the fourth century. The Minucii, on the other hand, are well attested in the early Fasti (consuls in 497,492,491,458,457). Diodorus preserves the authentic name which has been supplanted by Genucius for the usual reason of family pride. The Genucii were a talking-point in Gracchan times (Plutarch, C. Gracchus 3. 3'). See further Tiiubler 80-84; Beloch, Rom. Gesch. 239; Munzer, Rom. Adelsparteien, ro. 33. 4. The motive for Sestius' election may be retrojected from 366 where, according to L. 7. 1. 2, plebs consulatum L. Sextio, cuius lege partus erat, dedit. In D.H. Sestius' colleague was ill: but L. 's inuito may only be a simplification rather than a variant tradition. 33. 5. condenda . .. iura: 34. I, 34. 6. 8; the phrase has a somewhat pejorative flavour (ef. Gaius, [nst. 1. 7, 4. 30). The Decemvirs were 'laying down the law'. 33. 7. aurae popularis captator: political cliches of the late Republic. For aura pop. ef. 22. 26. 4, 29· 37. 17, 30. 45. 6, 42. 30 . 4; Cicero, Har. Resp. 43; Horace, Odes 3. 2. 20; for captator ef. Horace, Epist. 2. 2. 103. The picture of Appius is identical with that of his father (ef. 2. 56.5). 33. 8. decimo die . .. singuli reddebant: 'each administered justice one day in ten', not 'each administered justice for ten days at a time', must be the meaning of the Latin (ef. Zonaras 7. 18, drawing from Dio and so indirectly from L., ~p~av . .. £¢>' ~flipav £KauTo,). The system would have been unworkable so that it is hardly surprising that D.H. improves on it by making each Decemvir take the chair d, avYK£LfL£V6vTtva ~fL£piiJV apdlfL6v. In default of actual facts about the workings of the Decemvirate, later writers, clinging to the tradition that the Twelve Tables were modelled on Attic and, in particular, Solonian law, borrowed one of the typical features of the (pace Hignett) Solonian constitution of Athens in its later development whereby the presidency of the Boule rotated day by day. D.H. modified it because of the difficulties it involved. praifectum iuris: an unexampled expression. D.H. speaks of him simply as ~Y£fLcfJV, a word which he uses elsewhere for the praifectus urbi. Niebuhr conjectured urbis for iuris here, an easy change, but the p. U. was always a deputy or substitute for the king or the supreme magistrate, whereas the powers of the praifectus are here absolute. qui consensus . .. interdum inutilis esset: D.H. does not throw light on this obscure sentence. He says that the Decemvirs dealt with Tn lOtWTtKn uVfLf36Aata Kat Td o'Y)fL6uta fL£TQ. 7TI:Lu'Y)' • . . £7TtHK£ia, T£ Kat OtKawaVv'Y)' (ro. 57. 2). The general sense is that the unanimity of the ten ensured that the citizens had a fair deal. As the text stands two interpretations of the relative clause seems possible: (I) esset hypothetical- 'which unanimity might sometimes have been

45 6

457

3· 33.

I

3· 33· 3

3.33. 8

451 B.C.

451 B.C.

dangerous for the common citizens but in fact resulted in fair dealing' (Bayet). inutilis here carries a very pregnant meaning. (2) M. Breal (Rev. Phil. 7 (1883), 81) took privatis in the archaic technical sense = reis-'which unanimity proved on occasions no blessing to criminals'. While the relative and subjunctive without a causal force can be paralleled, the meaning claimed for privatis has no authority in L. Both translations neglect the force of inutilis. There appears to have been a proverb to the effect that unanimity is often useless: it does not necessarily produce results. So in the Acta Conciliorum Oecumenicorum (1. 5, p. 370 . 38 ) ut mutua eorum conspiratio non habeatur inutilis which is rendered in Greek by aKap1To> •.• aUfL. The force here will be that while you might have expected that the unanimity of the Decemvirs would not produce results, in fact it resulted in fair dealing all round; alternatively, that the unanimity of the government, which had not always produced results in the past, now did have the desired effect of promoting fair dealing. The former interpretation requires est for esset (Doring) : keeping esset, we must accept the latter. 33. 10. L. Sestium: P. Sextium TTI\, Sextium fL. The praenomen in TTI\ is shown to be wo:!"hless by its omission in fL. It is a simple case of the insertion of p or p = p(roprium nomen) in the manuscripts of L. before a proper name (2. 15. 1 n.). Since the Sestius concerned is patently not the Decemvir, we should replace the praenomen L., which had been supplanted by the note p.; it is preserved in Cicero, de Rep. 2. 61. As the Verginia myth illustrates the clause on conubium, so the tale of Sestius is designed as a case to exemplify at least two other of the provisions of the Twelve Tables, the law quae de capite civis Romani nisi comitiis centuriatis statui vetaret (= Tab. 9. 1-2) and the law hominem mortuum in urbe ne sepelito neve urito (= Tab. 10. 1). decessitque [ex] iuresuo: 46.3; cf. d. officio 27.10. 1,36.22.2. In such contexts decedo is only used with ex when the thing relinquished is a province (cf., e.g., Cicero, Div. in Caec. 2; Verr. I. 52). Harant's ei is intolerable: ex is a palpable dittography influenced by iudex above. demptum ... adiceret: 'that he might add to the liberty of the people what he subtracted from the power of the magistracy'.

prayer (39. 15. I ; Pliny, Paneg. 63; Servius, ad Aen. I I. 301). Note the solemn legere leges, the rhetorical commonplace plus pollert multorum ingenia (as old as Homer, Iliad 10. 224-6), and the colloquial agitarent sermonibus (5. 15. 5)· The implied procedure, which is also narrated by D.H., whereby bills were displayed and amended by popular correction before their formal promulgatio at the comitia, is unprecedented. See Mommsen, Staatsrecht, 3. 393 n. 4. 34.6. edito: a very old corruption, since it is common to Ver. and N. edo is a technical term for the promulgation oflaws and other publications (see Thes Ling. Lat. s.v. 91. 71 ff.), so that edito legum capite could be defended as meaning propositis decem tabulis but in that case the plural correctae viderentur is superfluous. We would require unumquicque legum caput editum satis correctum videretur. Duker's editos with rumores is certain. Cf. Caesar, B.C. 3. 29. 3 quae opinio erat edita in vulgus. in hoc . .. cumulo: the solemnity of the assertion is emphasized by the hyperbaton between hoc and cumulo which is the longest I have observed in L. Similar effects are achieved at Praej. 5 and I. 413 (n.). publici: cf. the definition of publicum ius, quoted by Weissenborn, from Ulpian, Dig. I. I. I. 2 in sacris, in sacerdotibus, in magistratibus consistit. omne corpus is used by jurists to denote the complete collection oflaws (F. Wieacker, Textstufen Klassischer Juristen, 1960, 124). 34. 7. desiderium: a simplification of the more elaborate proceedings in D.H. whereby the Decemvirate was continued by a formal S.C. and popular vote. 34. 8. cedentibus . .. decemviris: the general sense must be that the plebs did not even demand the restoration of the tribunician auxilium since the Decemvirs' administration of justice was an effective substitute. The tribunes by their auxilium had safeguarded the right of appeal: the safeguard was rendered superfluous because the Decemvirs allowed appeals as a matter of course. Since each Decemvir held the supreme authority for one day, an appeal from his jurisdiction would be made to his successor-in turn (in vicem). The dative appellationi (Drakenborch) is needed after cedentibus as at 2. 27. 12 nec cessisset provocationi consul. The ablative, found in Ver. and N, has been defended but without adequate support. It can hardly be taken with cedentibus 'departing from an appeal, i.e. disallowing an appeal' nor is an abI. after invicem attested ('in turn as appeals were made' : see Thes. Ling. Lat. s.v.). Bayet translates appellatione 'en cas d'appel' but does not give authority for his rendering.

34. 1. cum promptum: 'while men of high and low estate alike were receiving from them this prompt justice as pure as though it proceeded from an oracle'. The reference is to the Delphic oracle which was supposed to have fathered several constitutions, notably the 'Lycurgan' at Sparta and the Sacred Law ofCyrene, and also to have adjudicated in various disputes. Details in Parke and Wormell, The Delphic Oracle, 1. 85 ff. contionem: L. contrives to give an air of authenticity to the remarks which follow. The speech opens, as was the formal custom, with a 45 8

3· 34.

I

35. 1. in trinum nundinum: 'the elections were announced for the third market-day'. A minimum period of three nundinae or eight-day periods had to elapse between the promulgation of a. bill or an election and 459

3· 35·

3.35. 6

451 B.C.

451 B.C.

the assembly that voted for it (Mommsen, Staatsrecht, 3. 375). John, analysing the history of the phrase in Rh. Mus. 31 (1876), 4ro ff., points out that this is the first use of trinum nundinum as a neuter noun = the third market-day, TplTYJ clyopa (D.H. 9. 41 ; Plutarch, Coriolanus 18) or trinundinus dies (Macrobius I. 16). In early Latin it occurs as a gen. plural = trinorum nundinorum 'of three eight-day weeks', as in the S.C. de Bacchanalibus 22 (=I.L.S. 18) and in Cicero, de Domo 41 and 45 (where see Nisbet). The hypostasized neuter, formed on the analogy of sestertium, occurs after Livy in Quintilian 2. 4. 35. The change of form was accompanied by the change of meaning from a period of time to a particular terminal day. W. Kroll, R.E., 'Nundinae' is worth consulting for further details. There is no authority for trinum nundinium read by N under the influence of the late imperial nundinia (cf., e.g., C.I.L. 8. 4508 (202 A.D.)). 35. 2. contenderant: contenderent (N, Ver.) is wrong in both point of tense and time. 35. 3. dimissa: demissa Gronovius. The two words are constantly confused but neither is used elsewhere with in discrimen. The closest parallel I have found is Plancus' letter in Cicero, ad Fam. ro. 8. 2 cum in eum casum me fOrtuna demississet. Since at 8. 32. 4 L. prefers committo, I am inclined to think that the variation of prefix is for alliterative effect and that in consequence dimissa should be retained. 35. 3-7. Goossens argued that the account of Appius' canvass owes something to Greek tragedy, and in particular to the picture of Agamemnon's devices to secure command and his volte-face after he had done so in Euripides, I.A. 334-400. Tragic effects and reminiscences are, as would be expected, frequent in L. but here the parallel is far-fetched. There were enough instances nearer at hand from Republican history of unscrupulous men who sang one tune to purchase votes and another in office. The language of the whole passage shows that L. is thinking of the recent not the remote past. All the phrases belong to the jargon ofpolitics and are found frequently in Cicero. The parallels may be found in speeches with which there are good grounds for supposing that L. was familiar. For in foro volitare cf. in Cat. 2. 5; for se plebi venditare cf. Har. Resp. 48; for in ordinem cogere cf. 5 I. 13 n. adversarios criminando benevolentiam captare is the recommendation of the author of the treatise ad Herennium I. 46 (cf. Sallust, Catil. 38. I). 35. 4. Duillios lciliosque: 2. 58. 2 n. 35.6. fore: A. Hudson Williams (C.Q..9 (1959),66 ff.) draws attention to the idiom, found also in Statius, Theb. 1. 494-7 and Val. FIacc. 3.82, where 'the oblique form of the future indicative is used in a potential sense to express an assumption'. 'A man of such arrogance

must have some ulterior motive for his geniality.' The idiom is colloquial (Plautus, Persa 645) and so appropriate to express the halfvoiced misgivings of the other Decemvirs. 35. 8. nemo unquamfecilsset: claimed by Volkmar as evidence that L.'s source for the Decemvirate was published after 44 B.C. since he believed that Appius' behaviour mirrored Caesar's high-handed treatmeant of the consular elections after 49 (Suetonius 76. 2-3). But already in 87 B.C. (Marius et Cinna) ... se ipsos renuntiaverunt (Livy, Epil. 80) and in 85 L. Cinna et Cn. Papirius Carbo ab se ipsis consules per biennium creati (Livy, Eput. 83; cf. also de Viris lllustr. 69). Cinna, not Caesar, was a second Appius and it was natural for a Sullan annalist to reflect it in his account. 35. 9. per coitionem: contio (codd.) and coitio are constantly confused in manuscripts. It is hard to see how the Quinctii could lose the election by a contio. A coitio, however, was the normal method of rigging elections: see the advice in Cicero, ad Q..F. 3. I. 16. 35. 11. The second college of Decemvirs is a fabrication elaborated doubtless at the end of the third century. The fact that Diodorus (12. 24. I) preserves only seven names, omitting Fabius, Antonius, and Duilius, adding Sp. Veturius, and reading [J(J7rAto, for Poetelius, is not material evidence if Perl is right in arguing that Diodorus, and his copyists, were frequently negligent in their transmission of names. Nor is the fact that whereas the first college can be shown to be consular and patrician the second contains five plebeians (Oppius, Duilius, Poetelius, specified by D.H. ro. 58. 4; Antonius, Rabuleius) and five patricians, and only three consulars (Claudius, Minucius, Fabius), a wholly damaging criticism (4.3. 17 n.). More to the point is the character of the names themselv<,:s. The provenance of the Poetelii is unknown, although the name is Etruscan (cf. Paetelius; Schulze 205), but apart from the tr. pl. of 441 (4. 12. 3-5 n.), they do not emerge until the fourth century when C. Poetelius Libo Visolus is consul in 360. The tr. pl. of 441 may be genuine; if so, he supplied the fabricator of the list with a name. No historical conditions can be visualized which could have permitted such a nonentity in fact to have been elected to a board of legislators. The Oppii are also old, as the Mons Oppius with the eponymous Opiter Oppius shows (Varro ap. Festus 476 L.), and may have come to Rome in the regal period from Praeneste, where the name is frequent in inscriptions, or even immigrated with the Sabines. Yet the first historical Oppius was Ir. pl. in 2 I 5. It is suspicious that no less than three Oppii are concerned in the events of 450-449, C. Oppius, a member of the spurious college of the ten tribunes (54. 13), M. Oppies the tribune of the soldiers (51. 2-ro), and Sp. Oppius. When we note that K. Duilius is alleged ~o be a Decemvir, and M. Duilius one Qf~he college of the ten tribunes,

460

461

I

450 B.C.

450 B.C.

we are forced to the conclusion that it was a family tale among the Duilii and Oppii of the third century that their ancestors had been involved in the 'troubles' of the fifth century and it may be conjectured that historians inserted the names of Duilii and Oppii into the story accordingly. The Sergii were patrician, closely linked with the Servilii. They claimed descent from the Trojan Sergestus (Virgil, Aeneid 5. 12 I : both Hyginus and Varra wrote works de Familiis Troianis) but, in fact, the hereditary cognomen Fidenas (4. 17. 7 n.) points to the more mundane view that they originated from that city (Schulze 230). They were established at Rome before the end of the sixth century (Tribus Sergia; see L. R. Taylor, Voting Districts, 40). They do not reach the consulate till after 440. OfRabuleius and Antonius (Q. Antonius Merenda was consular tribune in 422; see F. Cornelius, Untersuchungen, 59 ff.) nothing can be asserted, except that they form odd company for the respected Q. Fabius, the consul of 467. The cognomen Merenda ('luncheon'; probably not to be identified with the Etruscan Merenna) was used by a branch of the Cornelii for the space of a hundred years fram the consul of 274 to the praetor of 194 and is not attested elsewhere. This also suggests 250-200 as the period of the fabrication. The name Rabuleius is found in a few scattered inscriptions of late date (Schulze 9 I) and is Etruscan, but the false etymology from rabula 'a pettifogger' made him an appropriate candidate for any anarchical or demagogic body. M. Cornelius is equally unknown; he may be intended to be the son or the brother of L. Cornelius, the consul of 459 (see Broughton, 450 B.C., n. 2). The names, then, are implausible. The principles by which all were chosen cannot be discerned. Beloch pointed out that three of the patrician names (Cornelius, Sergius, Fabius) were also the names of tribes, which would afford a possible explanation for their choice but more fanciful conjecture is futile. What can be established is that since only one list can ever have stood in documentary sources connected with the Twelve Tables, the second college is an invention, and an invention not earlier than 250 B.C. Once such a list became established, it was open to later historians to improve on it by making further suggestive additions. For instance, Oppius' cognomen may be inspired by Cn. Oppius Cornicinus, the only other person known to have a comparable cognomen, who was on Cn. Pompeius Strabo's staff at Asculum in 89 (I.L.S. 8888) and who played a notable role in the politics of the next thirty years (details in Munzer, R.E., 'Oppius (28)'). (Diodorus gives Sergius' praenomen as C., but D.H. agrees with Livy who has M. here but L. at 41. roo Duilius is called C. both by Ver. and by N here, but Caeso at 41. 10 and in D.H. roo 58.4, while Rabuleius is M. here, M'. at 4I. 9, Mavws in D.H. 10.58.4, I I. 23. r.

Sigonius was clearly right to restore K. Duilius and M'. Rabuleius in the present list.) 36. 1. suo . .. vivere ingenio coepit: cf. I. 56. 7. L.'s treatment of Appius' character is a good example of the Roman-Stoic-preconception that a man's character cannot change and that he is at twenty what he will be at fifty and that what he is at fifty he must have been at twenty. K. Buchner (Der Aufbau von Sallusts B.]., Hermes Einzelschr. 9, 1953) has shown how this attitude to character has conditioned Sallust's arrangement of his material for the life of]ugurtha. It also explains 'the uniformly dark portrayal of Tiberius by Tacitus' (G. W. Williams, ].R.S. 44 (1954), 158; cf. Annals 6. 51. 6 and see E. Dutoit, Mus. Helv. 2 (1945),39). So for L., because he believed with Sallust and with Cicero (pro Sulla 77) that 'a man is at anyone point in his life what he always was and always will be', Appius had always to be crudelissimus et superbissimus, and any apparent contradiction of behaviour had to be attributed to deception and pretence (35. 6 apparere nihil sinceri esse). 36. 2. impotentibus . .. consiliis: 'despotic plans'. coquebant: 40. I I. 2 clandestina cocta sunt consilia. The metaphor is Augustan; cf. our 'he's cooking something up'. It is common in later Latin (e.g. Statius, Theb. 2. 300). Plautus, Miles 208, is an elaborate joke. rari aditus: Weissenborn takes aditus as genitive of quality. At 24· 5· 5 Gronovius rightly restored contumeliosa dicta, rari aditus for the reading of P contumeliosa dictari aditus. rarus is not elsewhere predicated of aditus but facilis, dijJicilis, and the like are frequent in Cicero. In view of 24. 5· 5, it is scarcely possible to accept Weissenborn's interpretation or the rari aditu conjectured in the Delphin edition. It must, however. be confessed that the resulting change of subject is exceedingly harsh. Perhaps we should regard rari ... dijJiciles as a parenthesis explaining haud dissimulando superbiam. Weissenborn's interpretation is unsuccessfully defended by Catterall (T.A.P.A. 69 (1938), 304). 36.3. ad Idus Maias : 6. I n. The Decemvirs retained power for a further six months until December. initio ... magistratus: see C.Q..9 (1959), 282. unusfasces: I. 50. 3 n. Thefasces were to a Roman the normal symbol of law and order, but they also had more sinister overtones for the apprehensive imagination. They were the symbol of the Tarquins (Fraenkel, Horace, 295 n. 2). Tittler, comparing 24. 4. 9, Horace, Odes 3. 14· 10, and Martial 4. 58 for the corruption, would insert vices between decemviri and servassent, 'maintained a rota' on the ground that servo ut = 'I make sure that' was not found; but cf. 39· 14· 10; Pliny, N.H. 17. 124. subito ... prodiere: Volkmar compares the entrance of]ulius Caesar

462

46 3

3.35.

II

3.35.

II

450 B.C.

450 B.C.

with 72 lictors (Dio 43. 19), but Valerius Antias is more likely to have had some precedent ofSulia in view. The Epitome of Livy says of him (89; cf. Appian, B.G. I. 100) : dictator factus, quod nemo unquamfecerat, cum fascibus viginti quattuor processit. As it stands the statement is unintelligible, since from earliest times the dictators were preceded by 24fasces (Polybius 3. 87. 8; D.H. 10. 24; Plutarch, Fabius 4), but the comment suggests an innovation. The figure given by the Epitomator may be corrupt. In the present situation the Decemvirs all appeared preceded by lictors and fasces, whereas in the previous year each Decemvir had held the real fasces in turn, as was constitutionally proper, while the others had been followed by their twelve lictors in attendance. This suspension of the principle of alternating the fasces is-significantly-only otherwise attested under the second Triumvirate: it was restored by Octavian in 29 B.C. See 2. I. 8 n. 36. 4. sine provocatione: 55. 14 n. 36. 5. caedis causam: a political catch-phrase for which Shackleton Bailey (Cicero: ad Atticum, I I) cites Cicero, ad Fam. 12. 25. 4; de Domo I 15; Phil. 3· 30 • aut in senatu aut in populo: N has in populum, but where L. varies the construction he prefers apud populum (30. I. 5)· etiam: with ceterorum, 'to intimidate the rest of the population as well'. 36. 6. cum . .. tulissent: 'whereas the first Decemvirs had been content that judgements passed by themselves should be corrected by appeal to one of their colleagues'. Cf. 34. 8. 36. 7. hominum ... haberet: 'the Decemvirs were all for personalities, not circumstances, as was natural since for them influence had the force of right'. 36. 8. iudicia conflabant: political slang; cf. Cicero, Part. Drat. 121 ; pro Sex. Roscio 5. 36. 9. foedus clandestinum: regarded by Klotz and Volkmar as a clear imitation of the so-called First Triumvirate in 59 B.C. Suetonius alleged that Caesar societatem iniit (9. 2). Such conspiracies or collusions were not a novel feature of Roman politics. A better example would be the pact which Sulla made with Cinna in 88 (Plutarch, Sulla 10).

37. 2-3. avide ruendo .•. elapsos iuvare: nolle cumulare quoque lnzunas: 'they were content that the plebeians in their greedy rush for liberty had slipped into subjection; they were reluctant to pile on maltreatment as well, in order that the plebeians should come to long for consular government again'. J retain the reading of the manuscripts but restore the punctuation employed in the early editions. The patricians maintain their middle course. They hate Decemvirs and plebs alike. They are glad at the fate of the plebs but they will not join the Decemvirs in oppressing the plebs further for fear that they should have to identify their interests with them and so lose the chance of returning to power themselves. Only by this punctuation does nolle have its right place in the sentence and quoque have any meaning. non . .. quoque 'not ... as well' is a sound, but sometimes overlooked idiom; cf. 4. 3. 7 si populo R. liberum suffragium datur et non praeciditur spes plebeio quoque; Cicero, de Drat. 2. 227; pro Roscio Am. 91. iuvare is impersonal as often (iuvat in direct speech) followed by ace. and info elapsos (esse). Recent editors have punctuated after nolle, taking iuvare as personal 'to assist'. It must be objected that whether we read cumulare. 'they were even multiplying the plebeians' wrongs' or cumulari (Madvig) 'they preferred that the plebeians' wrongs should even be multiplied', quoque is forced to bear the sense of immo or quin etiam, which it cannot do. A further objection to cumulare would be, as Madvig argued, that the patricians could not be held responsible for the wrongs done to the plebeians. I do not see how Bayet's cumularent meets these difficulties. elapsos: cf. Aul. Gell. 10. 12. 4 ad perniciem elabuntur ingenia where the force of the prepositional prefix e- is equally weak. lapsos (Gronovius), delapsos (Ascensius), relapsos (Guilelmus) are not needed. 37. 5. plebs agitabat: see G.Q.. 9 (1959), 274. The construction id agitat aliquis followed by an indirect question is found at 29. 10. 8, 35. 34· 2, 39· 55· 5· id agitat (sc. exercet) aliquem is not written. munimentum libertati: cf. 3. 45. 8, 53. 4. The view that the tribunate was the bulwark offreedom was common currency in the first century and doubtless enjoyed its widest circulation in the 80'S and 70's when the office was first suppressed and then restored. See, with Wirszubski, Libertas, 26 n. 5, Cicero, de Leg. Agr. 2. 15. By contrast the Decemvirs have to protect themselves with a bodyguard-saepserant latera. The expression is equally contemporary: cf. Sallust, Or. Lepid. 15; Cicero, pro Sest. 95; Phil. 2. 112. 37. 7. L. paints the Decemvirs in colours which remind, as they were intended to do, his readers of the traditional portrait of a tyrant, so beloved by all romantic historians in antiquity. The Decemvirs have a bodyguard of patricii iuvenes, they administer justice in secret, they corrupt, seduce, bribe, and bully. They are just like Tarquinius

3.36.3

37. 2. The analysis of the patrician attitude to the Decemvirs and to the plebs has no counterpart in the narrative of D.H., although a few of the sentiments occur in different contexts (e.g. D.H. I I. 2. I they expelled the patricians 0[, 013 KaTd YJJWp.:ryv Td 7TpaTT6p.Eva (m' aUTWv 7)V = nec probare quae fierent). The whole ofthe next passage down to 41 is unusually characterized bv rhetorical cliches of the late Republic inserted to suggest the a~archy and troubles of that period (37. 5 n., 37· 8 n., 39· 7 n., 4 0 . 10 n.).

81U32

465

3· 37· 2-3

H

h

450 B.C.

450 B.C.

Superbus (I. 49 nn.). One of the conventional traits in that portrait was the ruthless philosophy of property based on the doctrine of 'Might is Right'. It is Callicles who first makes the philosophy memorable (Plato, Gorgias 484 c 1-3), and it is reiterated often thereafter. An appreciation of the fact may help to elucidate the text of this corrupt passage which is presented in the manuscripts ashiferre agere plebem plebisque res cumfortuna qua quidquid cupitumforet potentioris esset. Conway (followed by Bayet) is the only editor to defend the transmitted reading (C.Q.. 5 (I 9I1), 3). It is not clear what sense he gives to qua (?'where anything was coveted') but he takes quidquid as an indefinite, equivalent of quicque or aliquid, citing Lucretius I. 289 where 0 IQ have ruit qua quidquid fluctibus obstat. The usage he regards as colloquial or, at least, as a quotation of 'some old saw'. The Lucretius passage (pace Munro) can hardly stand (see Bailey's note) and is not in fact now printed by modern editors. With it goes the argument for the manuscript text here. Since quidquid cupitum foret is good grammar, qua must be corrupt. So also must cumfortuna be, which is now left without any construction. The sense should be that the Decemvirs pillaged the plebs, claiming as their justification Callicles' doctrine that whatever is coveted is the property of the stronger, that isferre agere plebis res (not quia (Perizonius), cum (Gronovius), or et (Harant) but) quasi . .. potentioris esset. There remain the words cum fortuna. One of the commonest collocations in Cicero to describe the totality of a man's possessions is res etfortunae (Verr. I. 54, 2.16,3, I I ; ad Fam. 6. 5. I, 13.4. 3, 13· 19· I). SO also in L. (e.g. 3. 68. 4 n.). Gronovius had already proposed res et fortunas which meets the demands of sense admirably. Palaeographical considerations might be reconciled better by ferre agere plebem plebisque (cum) res tum fortunas, quasi . .. potentioris esset. Madvig reads aequa for qua, Buttner iniqua. 37. 8. tergo ... abstinebatur: the atrocities are listed in the current vocabulary, to bring them home to a Roman audience. Cf. Sallust, Or. Macri 26; for gratuita crudelitas cf. Sallust, Cat. 16.3; for licentiam ... libertatem see 9. 2- 13 n; for bonorum donatio cf. Cicero, Phil. 4. 9 quos non bonorum donatio, non agrorum adsignatio, non illa infinita hasta satiavit. We should insert (alii) after caedi with the editors of 1480. A single alii for alii . .. alii is not found, nor can it be maintained that the whole population was whipped but only part beheaded. The two punishments are invariably linked as parallels (cf., e.g., 36. 5, 2. 5. 8 et al.).

2.28.5, where the change is between the subject of a dependent clause and the main clause. I have found no exact parallel in L., but accept the text in preference to Perizonius's and Wesenberg's imperium qui (an impossible word-order) or Gronovius's imperium [que] ... indignantibus. 38. 3. Eretum: 26. 2 n. 38. 5. alia ex parte: ex alia parte Ver. N's word-order is standard (Cicero, de Nat. Deorum 2. 63; ad Au. IO. 4. 2; Caesar, B.G. 3. 22. I, 4.26. I; Columella 2. IO. IO; Seneca, Epist. 29. I; Frontinus, de Aq. 7; Pliny, NoH. 8. 209), whereas Ver.'s is not found. At 4· 9· 14 where the manuscripts give et alia parte, Gronovius proposed ex a. p. but cf. 4. 29. 2. parte ex alia is confined to poetry (e.g. Virgil, Aen. IO. 362). excursionibus: Ver. 's excursationibus is a late, rare word, perhaps found only at Val. Max. 2. 3. 3 and E Cicero Gronov. D. 303. 14. Such erroneously added syllables are a feature ofVer. (ef. 4. 21. IO, 57. 12, 5· 24· 6, 41. 4, 43. 6). 38.8-13. The picture of a deserted Rome, abandoned by its leading citizens who had taken refuge in agris, must have suggested to many Romans, as it did to Volkmer, the desolation of 49 B.C. in very similar circumstances. Caesar was reluctant to call the Senate to secure authority for the prosecution of the war against Pompey (cf. Cicero, ad Au. 9. 6 a; 10.4.8-9), because of the large number of senators who had left the city and were either with Pompey or in agris. But the events of the 80'S provide a much better model. In 84 Carbo prevented the acceptance of Sulla's terms (Livy, Epit. 84). It was only when, like Charles I, he and Cinna required authority to conduct and finance the war, that they had consented to the session of the Senate, (Livy, Epit. 83). As to the condition of Rome during those years Cicero graphically sketches its emptiness and desertion (Brutus 308): trienniumfere fuit urbs sine armis sed oratorum aut interitu aut discessu aut fuga .... Velleius Paterculus (2. 23) refers to the flight of the nobles in 86 either to Sulla in the East or to their country estates. 38. 9. quod solitum: 'in that anything was happening which was familiar in a democracy'. solitudinem : so Cicero of the Cinnan times: erat ab oratoribus quaedam inforo solitudo (Brutus 227)· 38. 10. Bayet rightly restores the archetype reading ipsi consensu invisum imperium. The double clause (et . .. et) is somewhat unbalanced. In both halves interpretations or reasons should be being given for the non-attendance of the senators but whereas in the second half this is stated regularly (quia .. . non esset, non convenire) , in the first the reason which the Decemvirs saw, namely that their own power was universally detested, is given not as a causal clause parallel to quia . .. non esset but as a main clause-invisum sc. esse.

3· 37· 7

The Threat if War and the Summoning if the Senate 38. 2. imperiumque ... indignabantur: the subject must be the neighbouring people whereas the subject of coepti erant is the Romans. The change is harsh and the parallels unconvincing: Weissenborn cities I. 50. 9 but see note; I. 4. 3, where the change is between act. and pass. ; and 4 66

450 B.C.

450 B.C.

3.39.2

caput fieri: cf. 8. 19. 13 capita coniurationis, 9· 26. 7, ro. 1. 3, 39· 17. 6. haec fremunt [plebes] : deleted by Filgner. The plural is intolerable after the singular plebs abnuat and L. relishes the vaguer phrase with the subject left unexpressed when he speaks of popular murmurings: cf., e.g., 26. 35. 7, 34· 37. 1. 38. 11. suarum: 'they devoted themselves to their own affairs and neglected the affairs of state'. For the genitive cf. 36. 7, a case of 'unconscious repetition' (1. 14. 4 n.). 38.12. pignera capienda: 'to exact fines'. Senators who absented themselves from meetings of the House without due cause or, subsequently, leave of absence were liable to a fine. See Aul. Gell 14. 7. ro; Cicero, Phil. 1. 12.

Cicero Phil. 8. 14 (Gracchus) ; in Catil. 3. 13 (Catiline) ; Caesar, B.C. 1. I. Valerius' procedure was, therefore, technically correct. It is modelled on the later instances.

The Speech of Horatius

39.2. L. Valerium Potitum: P.f. P.n., son of the consul of 475 (2.52.6) who died in 460 during the course of his second consulship (18. 8). The cognomen, held by several descendants in the fourth century, is anachronistic because its meaning (potitus rerum or 'statesman'; see Cornelius, Untersuchungen, 37 ff.) shows that it was ascribed by tradition to him as the result of the prudent measures of his consulship in the following year (449; 3. 55 nn.). See Volkmann, R.E., 'Valerius (3 0 4)'. ordine: 1. 32. 12 n. de republica: it was open to any senator at a meeting of the Senate to propose as a matter of priority an emergency motion on the state of the nation (de republica). Such a motion if accepted took priority over other business. Historical examples are afforded by 21. 6. 3 (the embassy of Saguntum), 22. 11. 2,26. ro. 2 (Hannibal at the Gates);

39. 3. M. Horatium: M.f. L. (or P.) n. His filiation indicates that he was not regarded as directly descended from the consul of 509 or from C. Horatius, the consul of 477 and 457. D.H. calls him an Q.1T6yovos of the first consul, perhaps a great-nephew. Neither on the score of his name nor on that of his career are there valid grounds for doubting his existence. For a son cf. 4. 35. I n. decem Tarquinios: cf. Cicero, pro Sulla 2 I ; Phil. 2. 114; et al. Valeriis et Horatiis: the contents of Horatius' speech were traditional. They are closely reproduced in D.H. I I. 5. 1-5, e.g. Tarquinios ""' TOV TapKVvtov lK~LVOV lvl5v6fL~VOt; pulsos reges ""' d7T6yovot TWV 19~i\aaa.vTwv T~V Tvpavv{l5a; vetando libere loqui ""' i\6yov d~~i\~La(h; privato ""' OVK ll5twTat T0 V6fLlfJ yq6vaTE. The difference between the two writers is one of emphasis. L. has expanded (or, less likely, D.H., with a Greek audience in mind, has suppressed) those features which were calculated to make the strongest impression on a Roman reader, e.g. the meaning and connotations of rex and the nature of Roman constitutional government (39. 8 n.). But the whole speech reflects the sentiments and the propaganda of the novi homines of the post-Gracchan period. The inconsistency, therefore, between Horatiis ducibus and the narrative in 1. 57 ff., where Horatius is not mentioned in any capacity, is only apparent and should not be used as evidence for a difference of source. 39. 4. Iovem: Iuppiter Rex was not a cult-title (Aust in Roscher, s.v. Iuppiter, cols. 751-2) but he is often so called by popular and poetical imagination (Carter, Epitheta Deorum). reges [appellatos]: Madvig's deletion is required if reges is to be parallel with Iovem and Romulum. sacrzs: 2. 2. I n. 39. 5. quae si in rege tum teodem: the text, as it stands, is meaningless; eodem could only refer to Romulus whereas Tarquin and his son Sextus are palpably intended. In rhetorical arguments of this kind L. favours the strictest formal symmetry (4. 2. 2 n.). Here in the second half of the sentence (quem laturum in tot privatis), privatis answers rege, but there is nothing to answer tum (we might expect nunc) and, conversely, there is nothing corresponding to tot in the first half (e.g. uno). The corruption, therefore, is too deep-seated to be cured by the mere deletion of eodem or even tum eodem (Bekker). Nor does ''\Talters's transposition of eodem convince, since the object of laturum has alreadv been expressed once in quae, carefully placed outside the si-clause t~

4 68

4 69

The Debate in the Senate The debate was a feature of the Sullan narrative, for it is reproduced in D.H. I I. 4 ff. in substantially the same form. It was a show-piece, a carefully contrived agon between opposed speakers. In D.H. Appius proposed the motion for a levy, Valerius who then sprang to his feet was prevented from speaking, but Horatius secured a hearing. He was followed by C. Claudius, M. Cornelius, and L. Cornelius. Finally Valerius was allowed his say (19-20). L. has simplified the proceedings by omitting M. Cornelius and by limiting the participation of Valerius to his first protest. The result is a neater and dramatically more effective scene. It is more than probable that the contents of the debate owe much to the proceedings of the Senate in 84 B.C. when Cinna and Carbo summoned a meeting to vote supplies for war but were foiled by L. Valerius Flaccus, the princeps senatus, qui orationem in senatu habuit . .. ut legati ad Sullam de pace mitterentur (Livy, Epit. 83; see also above).

3 39· 5

450 B.C.

450 B.C.

indicate that it is the subject of one clause and the object of the other. The sense and the form both demand that tum eodem should conceal the counterpart to tot, one king as opposed to ten privati, so that we may leave out of consideration all conjectures which do not take account of that (tumido eodem Brakman; tum eodemque etiam Bayet). Editors who, having seen that some part of unus is needed, retain tum or another temporal adverb (in rege tunc uno Ki:inighoff; in rege et uno quondam Zingerle) must face the objection that a corresponding adverb is anticipated in the main clause. Others, who argue that tum conceals uno but retain eodem as well, produce an over-elaborate phrase to balance in tot privatis, e.g. in una et rege eodem Novak; in rege uno et eodem Karsten; in rege et uno eodem Madvig. Sense and palaeography would be satisfied by in rege unico, 'in the case of one, single king', a suggestion made to me by Mr. N. C. F. Barber, but the use of unicus is hard to parallel. I favour in rege uno tandem. :19. 7. libertate . .. dominatione: for the political language cf. 2. 28. 7, 6.18.6; Sallust, Jug. 31. 16; Cat. 58. II. (The text is usually read in libertate . . . in iniusta, but only the second in has any manuscript authority at all, being read in 17'\ but not in 11.. Since there is a straight choice between the two halves of the tradition (cf. C·Q·9 (1959), :./74 ff.), it seems wisest to follow the reading of fl.; in is not required (see Gronovius's note), it is an easy dittography, and if it were to be accepted it would be necessary to insert the second in before libertate against the whole consensus of the manuscripts. So also Luterbacher.) 39. 8. vicissitudinem imperitandi: 4. 5. I ff.; a rallying cry borrowed from the Greek. Cf. Aristotle, Politics 131 7b2 E'\w8Ep{a, DE EV II..Ev TO EV fl.EPEt apxw8at Kat aPxEtv (Wirszubski I I n. I, who comments that 'a smattering of Greek ideas in the post-Gracchan period is not surprising'). 39. 9. populares ... optimates: 35· 4, 9; 4· 9· 5, 8, I I ; 5· 24· 9. The distinction is one familiar from Cicero who defines the two groups: 'those who have wished their deeds and words to be pleasing to the multitude have been held to be populares and those who have conducted themselves in such a manner that their counsels have met the approval of all the best men have been held to be optimates' (pro Sestio 96; see the discussion in L. R. Taylor, ParI)' Politics, 11-14). The terms were constantly bandied about at Rome but denoted little more than the people who at anyone moment happen to be on my side and those on the other side. tunc ita habeant: tunc before i is allowable (4. 25. 13) but the temporal sequence is wrong. Although the tenses vary between past and dramatic present in the course of the speech, habeant shows that nunc (Ruperti) is needed here.

47°

3· 40.

I

The Speech of C. Claudius In D.H. I I. 7 Claudius is given a long and turgid speech. L. casts him in a different mould, as the sententious appeaser, anxious to avoid trouble and violence. 40. 1. nee irae nee ignoscendi: a conventional pair; cf. 2. 3· 3; Seneca, Dial. 3. 3· 5; Contr. 10. 3. I. 40. 2. oratio fuit precibus quam iurgio similior, orantis: similis perorantis is read by N but perorantis will hardly suit the abject tone used by C. Claudius (cf. 40. 3 orare) and the comparative is secure (Wi:ilfflin, Livian. Kritik, 14). The error in the archetype arose from the following per. See C.Q'9 (1959), 280. per manes: a typical form of oath, for which cf. Virgil, Aen. 10. 524. 40. 5. nullum placere s.c. fieri: the normal formula for opposing a motion in the Senate was to propose nil s. c.faciendum (Cicero, ad Fam. 8. 8. 5; ad Au. I. 14. 5; ad Q.F. 2. 10. 3; Tacitus, Annals I. 79. 5 nil mutandum censuerat). Mommsen (Staatsrecht, 3. 979 n. 2) held that L. had misunderstood senatorial procedure in imputing that the effect of such a proposal would be to establish that the session of the Senate was technically invalid (40. 7 privatos). L. does betray ignorance and misunderstanding elsewhere (I. 32. 12 n.). He was not himself a senator--but the sophistry may be older and go back to the deliberate legal quibbles of earlier annalists (2. 56. 12 n.). 40.7. patricios coire: 8. 2 n.; for the text see C.Q. 7 (1957), 78. For Caesar in 49 B.C. permagni interest rem ad interregnum non venire (ad Au. 9. 9· 3)· But a generation earlier Carbo, as sole consul, had controlled the elections and, by preventing the Senate from appointing an interrex (Appian, B.C. I. 78; Plutarch, Pompey 5), had maintained his position. censendo quoscumque: the ellipse (ut essent magistratus quicumque essent or the like) is impossible. L. means that, whatever motion they passed, by the very act of passing it they were recognizing the validity of the Decemvirs, i.e. quodcumque (Madvig) sc. censuisset; cf. 33. 24. 6. L. Cornelius: cf. 22. I n. The Speech of L. Cornelius

The material of Cornelius' speech is also traditional. Notice especially qui petissent ... oppugnarent ""-' D.H. I I. 16. 4 OVTOt yap o.yavaKTovvTES' Ev{wYJaav ••. o.Et 17o'\Efl.oVatV aUTOtS'; nunc demum ... serant ""-' OPWVTES' fl.EV o.vaaTaTov T~V xwpav {mo TWV 170,\Eldwv YEVOfl.EVTJV . .. 17Ept 17o'\tTE{aS' K6afl.ov vvv o.gwvatv vfl.o.s aK017EtV; sibi placere ""-' I I. 18. 3-4 0.,\,\0. TO., II..Ev TOVTWV g>t'\oVEtK{a, €daaTE Xa{pEtv •.• TOV 17POS' AlKavov, Kat l:a{3tvovS' 176'\EIJ..OV E7TtKVpWaaTE. All that L. has done is to

OTt

I I.

16. 5

omit the long and sarcastic apostrophe in D.H. with which the

47 1

450 B.C.

450 B.C.

Romans address their enemies and request them to postpone the war until the Roman people have had a chance to vote on the legitimacy of the Decemvirate. 40.9. aut soli aut ii maxime: socii read by the manuscripts is impossible, as is demonstrated by the corresponding passage of D.H. 11. 16. 4

praeiudicium that the Decemvirs were not valid and did not possess the authority to convene a meeting of the Senate, or that they should pass a s.c. ad prodendum interregem which, as was pointed out, would be the equivalent of a praeiudicium that the Decemvirs were valid, since if the S.c. was valid then a fortiori the magistrates who had convened the session were valid ('magistratus esse qui senatum haberent iudicabane). Cornelius' argument could be either positive (it was right that there should be no praeiudicium) or negative (it was not right that there should be a p.). Since neminem must be wrong, as it has nothing to govern or agree with, editors have mainly adopted the former approach: ceterum nemini non . .. auferri (Rhenanus); nonne enim ... miferri (Walters, Bayet). But auferri cannot be used to mean 'be forestalled, prevented, postponed'. It means 'be removed, stolen'. Hence etenim ... haud fieri (Madvig); omnino ... haud fieri (Seyffert); differri (Sigonius). But it is far easier to accept the correction fieri for auferri and adopt negative argument. praeiudiciumfieri is the t.t. (5. 11. IO; 25 examples in Vocabularium Iurisprudentiae Romanae, s.v. facio, col. 753). It is crucial to note that M read nemini se not neminem. In deciding what the archetype read there is a free choice between the two variants. Accepting M's text I postulate a lacuna for which, exempli gratia, I would propose nemini (videri pos)se. 'Further, no one could think it right that when men's minds were preoccupied with greater anxieties a matter of such importance should be prejudged.' For praeiudicia in Roman law see Pissard, Les Questions prijudicielles au droit romain (1907) ; Beseler, Rev. d'Rist. du Droit IO (1930), 170; Siber, Festschrift Wenger, I (1944),46. 40. 12. et iam nunc: continues Cornelius' motion. se = Ap. Claudius. 'That Ap. Claudius should at once prepare himself to explain in reference to the election which he had held for the appointment of Decemvirs-being one himself-whether they were chosen for one year or until the missing laws be enacted.' Conway accepts decemvirum (M) as a genitive plural with unus understood: but decemvir ('\17) has equal authority and should be read here and at 9. 34. I, since there is no parallel for the ellipse in Gudeman's article in the Thes. Ling. Lat. 40. 14. praeverti: 'the levy should take priority over everything else'.

3· 40. 8

/LE'nOVTae; aDTove; T~V TWV UKa apx~v, .rye; aDTOt VVV KaTy)yopOVUtV, EviKy)uav EV apxatpw{ate; E7TLTy)OELO'T€POt epav'vTEe;. The present opponents of the

Decemvirate had not been associates or colleagues in seeking that office; they had been rivals. Crevier's soli is inevitable. Cornelius is arguing that the sole or at least the chief agitators are disappointed rivals. There is no need for further alteration: d. 26. 41. I I. 40. 10. quid ita: 2. 41. 6 n. Cornelius uses to effect a familiar Greek commonplace that a city which adopts a defensive strategy in the face of invasion is liable to be rent and ultimately betrayed by internal factions. It was Miltiades' greatest service to Athens that, having observed the fate of Eretria, he did not allow the same fate to overtake Athens (Hdt. 6. I09· 5). 40. 11. ceterum neminem tmaiore cura occupatis animis verum esse praeiudicium rei tantae fieri: auferri N. It must be remembered that ceterum should mean 'and further', adding a new reason for taking no action until the crisis is past in addition to the reason given in the preceding sentence that the agitation was motivated by disloyalty, and not 'therefore', introducing sibi placere, the substantive part of his motion. This is clear from the passages adduced in the Thes. Ling. Lat. Secondly the parenthesis proposed by Walters ceterum-nonne enim ... auferrisibi placere leaves ceterum hanging in a way for which I can find no parallel in L. It follows that ceterum must introduce the clause which ends (in the manuscripts) with auferri and that a strong stop should be put at that point. Cornelius has given his reasons: he now gives his pro]=osals which begin-sibi placere (ef. mihi placet: for the stereotyped order ef. ad Rerennium 2. 1. I). His last reason, the ceterum sentence, evidently states that it is wrong (verum esse must = 'to be fair') for a preliminary decision of any kind to be taken when men's minds are preoccupied with other things. Quintilian's definition (5. 2. I) and statements of the jurists say that a praeiudicium was an action in which 'the plaintiff demanded the ascertainment of a fact or a legal relation. Such an action is sometimes preparatory to another lawsuit. The plaintiff may, for example, assert that the defendant is his freedman. If this is proved, the plaintiffmay go on to sue the defendant by another action based on the previous decision'. Here the term is being used more loosely. It is contended that a s.c. of any kind would serve to determine the assertion of the legal validity of the Decemvirate and so form the basis of further actions. Previous speakers had urged that they should either pass no s.c. which would have the effect of making a 47 2

3. 40. II

41. 1. coorti: M adds 'Valerius Horatiusque contra sententiam Maluginensis' which is shown to be a marginal gloss by contra where L. would use in (2.17.2,43.4,56.14,4. 3· 3)· It was intended as a chapter heading. It formed part of the commentary written, in late antiquity, on L., for which see L. Voit, Philologus 91 (1936),308 ff.; G. BiIIanovich, Italia Med. e Uman. 2 (1959), I IO- II . de re publica: 39. 2 n. imaginariis: the sole occurrence of the word in L. is also its first 473

450 B.C.

450 B.C.

appearance in Latin. It is generally taken to mean 'fictitious' or 'putative' in the general sense, found later e.g. in Seneca, Dial. 2. 3· 3, that theJasces were not real. The origin of such a striking word does, however, call for investigation. As a study of Berger's article 'imaginarius' in R.E. shows, it was employed commonly in the late jurists as a t.t. for the crime of 'false pretences'-imaginaria venditio, emptio, &c. (Gaius, Inst. 1. 119; Ulpian, Dig. 40.1. 4. 2, 7). Rather than believe that L. coined the word, we may suppose that the legal use was the primitive use which was subsequently extended to bear a general meaning, and that Valerius is deliberately calling attention to the illegality of the Decemvirs' conduct. They are privati. To appear with lictors is to be guilty of false pretences. Cf. the legal arguments about praeiudicia earlier. (P.]. Pearse (P.C.P.S. 85 (1910),6) had already seen the difficulty in the conventional interpretation of imago but the connexion which he preposes with imagines seems farfetched (cf. ]uvenal 8. 227; Polybius 6. 53).) 41. 3. non erit melius: melius erit with the infinitive belongs to the language of official orders. So also at 48. 3, 5. 30. 6. The force of the expression can be seen, for example, in Ulpian, Dig. 42. r. 15. 7. For the Greek uj-tEtVOV see Bond's commentary on Euripides, Hypsipyle,

tail-end of a duller passage he admits quite irrational carelessnessfs (2.43.5 n., 44. 6 n.). (oporteretshows Cobet's comparant to be mistaken.) 41. 8. minus . .. ingenium esse: Fabius was regarded as unsuitable to manage the ticklish situation at Rome which called for Appius' ruthlessness, because his education in tyranny had not yet converted him into an old lag (navum in malitia). So far it had simply induced him to depart occasionapy from the straight and narrow (minus in bono constans). Cf. 2. 40. 8 n. 41. 9. sui similis: 36. I n. M'. Rabuleio: for the names see 35. I Inn.

3· 41.

I

p.85· lictorem accedere: 2. 55. 4-7 nn. 41. 4. Quiritium: 2. 23. 8 n.

3· 41. 7

42. 2. ductu atque auspicio: 1. 4 n. 42. 3. Fidenas Crllstumeriamque: r. 14. 4-15 n., 9. 9 n. 42.4. certamini: certamine N, defended by Conway who quotes 5. 18.8 nec ... aequo loco hosti commisit where, however, a dative is supplied to specify what Titinius did not commit himself to. The dative is, therefore, demanded here (cf. 4. 59. 2, 31. 22. 7), as in Val. Max. 1. r. 2 Martio certamini commissurus; Amm. Marc. 29· 5. 29. natura . .. armis: L. employs the usual military cliches (cf., e.g., Caesar, B.G. 7. 50. I) but, unlike Caesar, is interested in the psychology (dedecus, jlagitium) not the details of battles. 42.6. armaJerre:Jerre arma Ver. A standard expression always in the order a.j. posse (1. 44. 2, 3.4. ro, 5· 39. 13; Caesar, B.G. 1. 29, 2. 28, 4· 19, 7· 7 1, 7· 75,8. 7; Bell. Afr· 36). Notice the string of infinitives suggesting the atmosphere of haste in which the measures were adopted. The responsibility of the Senate for conducting wars, implied in the present passage, may owe something to the historical disputes of the late second century when its competence was called into question by the Quaestio Mamilia and by Memmius. 42. 7. arma TlIsclilum ac supplementum: ad 1TI\. L. writes in not ad supplementum = 'as a reinforcement'; cf. 28. 37.4, 29. 13.8 and decemo ad 'to vote something for' only with bellum (65' 6, 7. 17. 7) or ludos (36. 36. 1,40. 52. I). The sense therefore must be that the Senate voted that arms and reinforcements be sent to Tusculum, arms because they had lost everything at Algidus and reinforcements because there had been considerable casualties. C£ 25. 5. 5 novae urbanae legiones et supplementum veteribus; 42. ro. 12.

a curiae limine: Volkmer compares the incident of 59 B.C. when Cato was imprisoned for obstructionism (Suetonius, Julius 20) but the comparison is misleading. Valerius was not in fact arrested. complexus: literally as a suppliant (2. 40. ro; Caesar, B.G. I. 20. I). non cui: N read the dittography non quid cui but cui is certain. Cornelius pretended to be supporting Valerius while he was really forwarding the interests of Claudius by preventing the wrangle ending with a public trial of strength. diremit: 7. 14· 5, 33· 39. 1,39· 22. 9· dimittit, a variant in M, is not so used. 41. 7. praeesse exercitibus: it is natural to expect that the two clauses describe two alternatives. The Decemvirs had to decide which of their number were to stay and which to go. Yet, as they stand, the clauses supplement one another, since, aJortiori, those who were to command the armies were to go to the war. (The anaphora excludes the other possibility that the first quos = 'which of the legions', and the second = 'which of the Decemvirs'.) Strothius, who first drew attention to the difficulty, conjectured rebus civilibus which Bayet improved to urbanis rebus. A simpler correction would be urbi, if the corruption sprang from the contracted ex'citib. But it is conceivable that exercitibus is right. L. is hurrying ahead to the story ofVerginia and often at the

The story of L. Siccius, the Roman Achilles, like the legend of Coriolanus, is one of those timeless episodes which have no proper place in the annals. There is no trace of Siccius in the Fasti and, therefore, no firm date from which to anchor his exploits. He was remembered

474

475

L. Siccius Dentatus

3.43

450 B.C.

450 B.C.

as a warrior of incredible prowess and endurance. His first appearance in the pages of history belongs only to the time of the Punic Wars. M. Sergius Silus, the ancestor of Catiline, was a hero of no less superhuman proportions. The two were evidently bracketed as a pair (Pliny, N.H. 7. 104; hence the confusion L. Sergio Dentato in Festus 208 L.), the legendary and the contemporary champions. The historians who first inserted Siccius into the narrative of Roman history can have had little to go on. The primitive legend may have connected Romulius Denter and Siccius Dentatus and late historians have rationalized that connexion by associating Siccius with T. Romilius who was consul in 453 and was also one of the Decemvirs. L. minimizes his importance. He excludes the events of 455 (30-32 n.) although mentiones ad volgus militum serentem suggests that he was aware of them. To turn the spotlight on him would be to destroy the proportion of his account of the Decemvirate. So he confines himself to the bare essentials which he could not in decency omit, but in passing he cannot forbear to bring out the modern parallel. Siccius and Sergius were so familiar a pair to Roman minds that the manner in which Sergius' descendant, Catiline, met his end was appropriately recalled by verbal associations in the death of Siccius. The story enjoyed great popularity in later Roman writing. It was taken up by Varro, from whom the authors of the Exempla derived it (cf., e.g., Aul. Gel!. 2. II. I ; Val. Max. 3. 2. 24). For further details see Mommsen, Rom. Forschungen, I. 109 n. 88; Pais, Ancient Legends, 183; Miinzer, R.E., 'Siccius (3)'; A. Klotz, Klio 33 (1940), 173-9, whose views on the ultimate source of Livy and Varro should be treated with caution. There is no external or internal evidence for believing that L. has abandoned Valerius Antias. D.H. I I. 25-27 is prolix and exaggerated.

'Ah, woe for young Verginia, the sweetest maid in Rome.' Over characters as diverse as John Webster and Macaulay, Alfieri and Lessing, the story of Verginia has exercised a curious fascination. That fascination is in large measure due to the skill and poignancy with which L. has constructed what is one of the noblest episodes in his narrative. Verginia was for him a supreme example of the virtue

of pudicitia, a supreme condemnation of libido. The moral lesson might be conventional but the telling of it was enhanced by all the art which L. could bring to bear. Yet for all its beauty the story of Verginia is entirely devoid of historical foundation. It reaches its fullest maturity in the pages of L. but we can trace the stages of its growth back to the nakedness of its beginning. The legal isslles which dominate L.'s narrative were only introduced into the story after the Gracchan period. They are present for the first time in Pomponius (Dig. I. 2. 2. 24) and betray the same desire as was seen in the case ofP. Sextius (33.9-10), to illustrate the Twelve Tables by paradigms and thereby provide circumstantial details for the narrative. In the same period Verginia becomes a plebeian (€K TOU 7T'\~OOVS"), whereas in the earlier strata she was a patrician. The change discloses the hand of historians anxious to squeeze political interest out of the episode. Before the Gracchan age the story was simple (Cicero, Rep. 2. 63; Diodorus 12. 24). A father kills his daughter rather than allow her to be the object of a tyrant's lust. And it was anonymous; the participants are unnamed (7TUpOtVOS", K6PTJ, ol xUpttcrrUTOt). That fact allows us to hazard that the very name Verginia was simply a hypostatization of virgo and that the identity of her father as Verginius and the names of the remaining characters were all gradual embellishments. In its primitive form, then, the story is of a familiar, recurring kind. It is the story of Lucretia, the story of the Maid of Ardea (4· 9· 4). It begins as a legend associated with a shrine, in the case of Verginia the shrine ofV enus Cloacina (48. 5 n.). If any of them have an historical basis, it is Lucretia and it is easy to see how her example could be duplicated. It was known that the Decemvirate, although a concession to popular pressure, had not sufficiently satisfied that pressure. By codifying the law they had brought out into the open and canonized some of the most unpopular disabilities, such as conubium, from which the plebs suffered. In face of continued agitation the Decemvirs' gave place to more radical legislators in the persons of Valerius and Horatius. But that sequence of events, which seems easily comprehensible to modern judgement, was improved on by the ancients who inserted the tyrannous second Decemvirate to supply a sharper motive for the change. If Appius was a tyrant, then Valerius and Horatius 'restored' liberty. As the first tyranny had fallen on account of a woman, so must the tyranny of Appius fall. Beyond that there is no need to go. Certainly there are no good grounds for supposing that the fall of the Second Decemvirate was really a garbled recollection of the expulsion of the Etruscan kings, since contact with Etruria seems to break off archaeologically c. 450, and hence that the story of Verginia was the original from which Lucretia was fabricated when

47 6

477

43. 6. in medio iacentem: cf. Sallust, Cat. 60. 7. The description of Catiline's end has also influenced L.'s treatment of Decius Mus the elder (8. 10. 10) and the younger (10. 29. 19). See Skard 32-33. 43. 7. erant castra: this, the word-order of Ver., seems preferable to castra erant because the contrast between the camp and the city is more effectively brought out by the chiasmus.

44-49. Verginia

450 B.C.

450 B.C.

the early history of the Republic was 'invented'. The archaeological break is, rather, to be explained both by the recession of Etruria after the Battle of Cumae and by the self-sufficient austerity of the Romans who were beginning to become alive to their own national independence. The same phenomenon can be seen in the mounting agitation of the plebs. L.'s sources presented the story as a paradigm of the causa liberalis as defined in the Twelve Tables. L. preserved the legal fustian but betrays his ignorance of the procedure of the law, which matches his ignorance of senatorial procedure, by confusions (44. 5 n., 44. 12 n., 46. 7 n., 47· 5 n.). For him it is not the law that matters but the drama. A comparison with D.H. shows how L. has constructed his account as two distinct scenes, the scene at Appius' tribunal (44-46) and the scene on the following day in the Forum (47-49). He has eliminated all the subsidiary details which appear in D.H. such as the detailed account of how Icilius and Numitorius accomplished their journey from Rome to the camp, and the events which transpired in the intervening night between the two scenes. In this way L. preserves the unity of action. In the treatment of the actual scenes L. has his eye on the dramatic. Where D.H. transcribes an exact account of the trial with the speeches, L. deliberately eschews such rhetorical fantasies (47. 5 n.) and concentrates instead on the suspense and excitement. Primo stupor omnes ... dqixit; silentium inde aliquamdiu tenuit. It is significant, too, that in the speech which he gives to Icilius the theme is the evils of libido and not, as in D.H. 11. 31-34 and presumably in their sources, of tyranny. The whole plot builds up to the climax of Verginius' words in 48. 5, stark and effective. There is as well, perhaps, a further interest in L.'s account. Verginia is an exemplum pudicitiae, but the words which sound the refrain are in libertatem vindicare. L. repeats them constantly even at the expense of legal exactitude (44. 12,45· I 1,46.7,46.8,48. 5)· The emphasis on liberty is conscious because the hazards and dangers attending liberty, which formed the framework of Book 2, remain as a persistent thread through the later books. No sooner has regnum given way to libertas than tibertas is menaced by personal ambition, party faction, foreign invasion. Liberty must always be safeguarded. Did not Augustus stamp the challenging title LIBERTATIS P. R. VINDEX (cf. 56. 6) on a coin of 28 B.C. (B.M.C. Imp. Aug. 691, from Bithynia)? The story ofVerginia had a message for L.'s generation. On the historical issues see Mommsen, Rom. Forschungen, I. 299; Ed. Meyer, Rh. Mus. 37 (1882),618; E. Kornemann, Rom. Geschichte, I. 95; Pais, Ancient Legends, 185-203; Taubler, Untersuchungen, 14 ff. ; Beloch, Rom. Geschichte, 246; H. S. Jones, G.A.H., 7.471; A. Kurfess, Mnemosyne 6 (1938), 272; H. Gundel, R.E., 'Verginia'; on the legal

issues see M. G. Nicolau, Causa Liberalis, 99 If.; P. Noailles, Fas et Ius, 187-221 (the earlier works by Schmidt, Puntschart, Maschke,

is said by Aulus Gellius to be archaic (2. 13. I), citing a quotation of SemproniusAsellio in support. Wackernagel (Vorlesungen, 1. 95) claims that it is a mere accident of language that Latin did not have a word for a child as opposed to a son or a daughter (see also Lofstedt, Syntactica, 1. 39) but the fact remains that the use is designed to play upon the emotions and evoke sympathy. The charge that she was supposititious may be based on the memory of a custom whereby children were smuggled in to maintain the continuity of a family (cf. I.L.S. 7998). desponderat: technically only the father betrothed, although courtesy and convention would lead him to take his wife's opinion (38. 57. 6). The plural desponderant (Ver.) cannot be defended, even in the light of Donatus' note on Terence, Andria 102 despondi proprie non desponsa dicitur quia spondet puellae pater, despondet adulescentis. For similar intrusive n's cf. 3· 11. 13, 12. 7, 12. 8, 35. 2, 38. 4, 44. 12 (postumlant) , 62. 4, 67· 6, 68. 7,68. 8. L. Icilio: 31. In., 32. 7· rdens 44. 4. amore amens: 47. 4 n. N had the dittography amens. animadverterat: for postquam with pluperfect cf. 26. 4, 23. 27· 3, 25· 23· 8, 33· 7· 9· Ver.'s animadvertit, accepted by Jung, is the result of assimilation to convertit. Cf. 5. 39. 12. 44. 5. clienti: M. Claudius, presumably a freedman or the descendant of one. L. gives no account of the origin or character of clientela, an old Italic institution, but accepts it throughout his history as a familiar phenomenon of Roman society. The client has been well described as

47 8

479

Ubbelohde, and Taubenschlag are no longer of value); J. C. van Oven, Rev. d'Hist. du Droit 18 (1950), 159-90. For L.'s treatment of the story see Soltau I IO; Appleton, Rev. Hist. Droit 3 (1924), 592 ff. ; Hellmann, Livius-Interpretationen, 48; Burck 36 ff.; Klotz 267-8; Bayet, tome 3, 133-45. 44. 2. plebeiae: according to Diodorus 12. 24. 2 n)yEvovs 7Tap(Nvov 7TEVtxpas. The Verginii were predominantly patrician (but see I 1.9 n.) and therefore Diodorus is likely to have preserved the earliest tradition. L. Verginius: the father is not named in Diodorus. In Cicero, de Rep. 2. 63, he is called D. Verginius, possibly a textual error or perhaps an older version before the legend became fixed, since Pomponius (Dig. 1. 2. 2. 24) merely calls him Verginius quidam, implying that the praenomen was not common knowledge. Nothing is to be argued, however, from Cicero's omission of the name in the pro Comelio of65 B.C., for Asconius (77. 15 Clark) explicitly comments: scilicet quod notissimum eft . .. patrem virginis L. Verginium. 44. 3. liberique: Verginia was an only child. The use of the pluralliberi

450 B.C.

450 B.C.

'an inferior entrusted, by custom or by himself, to the protection of a stranger more powerful than he and rendering certain services and observances in return for this protection' (Badian, Foreign Glientela, I). He was in.fide alicuius. The degree of the relationship varied with the different methods by which the inferior passed infidem. The two that are relevant to the early books of L. are manumission, where the patron retained a high degree of coercive power over his former slave, and applicatio, in which a free citizen applied to a prospective patron for protection (cf. Terence, Andr. 924 ff.; Eun. 1039 ff.) but which conferred no legal potestas on the patron. The status of client and patron was inherited from generation to generation, so that M. Claudius could be the descendant of one of the Claudian clientes mentioned in 2. 16. 4. In general the responsibilities of the patron were to protect his client's interests at law (Horace, Epist. 2. 1. 104) and to safeguard his livelihood. They were real responsibilities (AuI. GelI. 5. 13; Virgil, Aeneid 6. 609) and the Twelve Tables stipulated the ultimate penalty for dereliction (8. 21 patronus si clienti fraudem fecerit saceresto). The client's duties, listed by D.H. 2. 9, were various. He was expected to follow his patron to war (2. 49. 5 n.; cf. Scipio Aemilianus in 134 (Appian, Hisp. 84): in the late Republic Q. Metellus, M. Crassus, and, above all, Pompey raised armies from their clients outside Rome), to come to his aid in financial straits (5. 32. 8; 38.60. 9), and to support him in political campaigns (2. 56.3,64.2: both passages with their implicit and false assumption that plebeians could not have clients are highly tendentious and reflect the ideological struggles of a quite different age when a radical democrat would resent the powerful blocs based on clientela by the great dynastic politicians). L. preserves nothing of value about the primitive clientela. Instead he gives a picture of it at work as it must have been in the first century B.C. See Premerstein, R.E., 'clientes'. libertatem postulantibus: Ver.'s petentibus is an instance of its trivializing tendency. Cf. also 3. 6. 6 n., 61. 13 n. For the legal questions see below. ratus: Mommsen, following Ver.'s omission of ratus, would punctuate vindicias: quod . .. esse. In that case quod . .. esse is part of what Appius told his client M. Claudius, expressed in or. ob., rather that what Appius thought. ratus would seem to be wrongly interpolated at 5. 39· 7 (n.) but that is no argument for the present passage where it is more in keeping with L.'s methods that Appius' psychology rather than his instruction should be analysed: ad crudelem superbamque vim animum convertit. Ver. may have been misled by the apparent finality of locum iniuriae esse into omitting ratus. 44. 6. ludi: for tabernaculis see 48. 5 n. The ludi are anachronistic, perhaps inserted into the story to account for the association of Verginia with that quarter of Rome. The first school at Rome was opened

by a freedman of Sp. Carvilius, consul in 234 (Plutarch, Q;R. 59; cf. AuI. GelI. 4. 3. 2; 17. 21. 44). Before that all Roman children~ a fortiori girls, were educated at home (Pliny, Epist. 8. 14. 6; PlllfardI, Gato maior 20). Ludi are frequently mentioned in Plautus (e.g. Btltich. 420 ff.) so that they must have become fashionable quick1y. See Gwynn, Roman Education, 28-30. There may be some connexion (? contemporary propaganda) between this detail of the story and the Edict of the Censors of 92 B.C. against the Latin rhetoricians (text in Suetonius, de Rhet. 25; discussion by Bloch, Klio 3 (I9d3), 68-73). See also Marrou, History of Education, 250 ff.

3· 44· 5

480

3· 44. 6

The 'in ius vocatio' The first move in a legal proceeding was for the plaintiff to invite the defendant to come with him to the praetor. If the defendant declined, the plaintiff appealed for witnesses. The procedure is laid down by the first clause of the Twelve Tables (SI IN IUS VOCAT, NI IT, ANTESTAMINO) and illustrated by Plautus (e.g. Pers. 745 ff.). Here it is implied by the words se sequi iubebat, although, strictly speaking, L. reverses the order of events. The 'manus iniectio' If the defendant continued to decline to accompany the plaintiff, the latter laid his hand on him as a symbolic gesture before witnesses that he summoned the defendant before the judge. This step is also laid down by the Twelve Tables (SI CALVITUR PEDEMVE STRUIT MANUM ENDO IAClTO) and illustrated by Plautus (e.g. True. 762). The manus iniectio was a stage in a legal action, not an act of violence. L. has either misunderstood or distorted the legal meaning of manum . .. iniecit by glossing it by vis (vi abstracturum, iam a vi tuta erat). Hence the double entendre of se iure grassari non vi. serva ... appellans: I. 40. 3 n. (se) sequi iubebat: sequi Ver. esse sequique se N. N's text will construe if esse is taken with appellans, but the simple sequi in Ver. suggests that N has reproduced a dittography of a familiar type ~~::?~;. se is required (cf. 42. 43.6 se sequi iusserunt) and it is easy to see how if it was lost before sequi by haplography the divergent texts ofVer. and N would have resulted. Place a semicolon after appellans. 44.7. Q.uiritium: 2. 23. 8 n. celebrabatur: the imperfect, offered by N, is preferable to the (historic) present (celebratur) or the perfect (celebratum sc. est: Ver.) since the action is continuous and maintained. For other telescoped 'words in Ver. cf. 8. 5 n. and 44.8 n. below. . ,', 44. 8. multitudine concitata: echoed in 46. I and 49. I; Ver.' had concita. 814432

450 B.C.

450 B.C.

44. 9. vocat puellam in ius, auctoribus qui aderant ut sequeretur: I accept the punctuation and interpretation given by P. Noailles, which is also that of editions before Doujat. The whole sentence reiterates the procedure of in ius vocatio and manus iniectio. Claudius invites the girl to come with him to the praetor. When she declines he invokes the crowd as witnesses to the invitation conveyed by the manus iniectio and to testify that she should follow him to the tribunal. (Recent editors take auctoribus . .. sequerentur (plural, as read by N; i.e. the girl and her nurse) with perventum: 'they were advised by their supporters to follow him and they went before the tribunal'. The punctuation obscures the legal point. The plural makes nonsense of 44. 6 where it is only the girl who is invited to follow.) tribunal: a movable wooden platform from which the praetor administered justice. Originally it stood in the comitium. (27. 50. 9) but was moved, probably in the second century, farther east near the Puteal Libonis (Horace, Epist. r. 19. 8 and Porphyrio's note) and the Basilica Aemilia. L.'s topographical information is too scanty to allow us to conjecture which site he had in mind or whether Augustus' large reconstruction had yet occurred. See Platner-Ashby s.v.; H. D. Johnson, The Roman Tribunal (Johns Hopkins University Diss., 1927); C. Gioffredi, Studia et Docurnenta Hist. et Iuris 9 (1943), 227 ff.; J. Paoli, Melanges de Visscher, 4 (1950), 302 n. 54.

The 'vindicatio in libertatem' With one vital exception it was open to any qualified citizen to make the counter-claim that the defendant was a free man. The Twelve Tables stated ADSIDUO VINDEX ADSIDUUs ESTO: PROLETARIO Q.UIS VOLET VINDEX ESTO. The sole exception is in the case of defendants who are not sui iuris, where only the paterfamilias was competent to make the counter-claim 'filium meum esse aio'. Since Verginia was a minor and not sui iuris, her supporters could not make a claim on her behalf and so her case went by default. Legally there was no vindicatio in libertatem because there was no one present competent to make it. 44. 12. rem integram . .. vindicias: L. has confused the issue. Since there could be no vindicatio in libertatem in the absence of the father, it is nonsense to request Appius to pronounce vindicias secundum libertatem. All they could do was to appeal to his sense of fairness and hope that he would postpone making any pronouncement until the father arrived and made his contra vindicatio, whereon Appius would be compelled to pronounce in Verginia's favour. vindicias det: cf. Pomponius, Dig. I. 2. 2. 24.

3· 44· 9

The 'vindicatio in servitutem' When the two contestants come before the praetor the formal procedure is enacted (legis actio per sacramentum in rem). The procedure is basically the same whatever the nature of the case, whether it be a question of status as here (causa liberalis) or of ownership. The plaintiff makes his assertion, and the defendant makes a counter-assertion. This first hearing or confrontation between the parties is held before the praetor as magistrate who decides on the legal propriety of the case (in iure). The whole procedure is then re-enacted before a iudex, who may be the same person as the praetor or may be a body of jurors, to decide on the facts of the matter (in iudicio). On the first hearing (in iure) of a causa liberalis, the praetor was guided by rule to pronounce vindiciae sunt secundum libertatem: that is to say, he held for the man who was claiming to be free, since if he pronounced for the other side, they could, in the interval between the hearing in iure and in iudicio, 'gain possession of the man and make away with him. The bias is analogous to the English presumption of innocence. The procedure is not detailed in the surviving fragments of the Twelve Tables but can be recovered from the later jurists. Cf. Ulpian, Dig. 6. I. I. 2; Gaius, Inst. I. 134. The adsertor servitutis affirms 'meum esse aio'.

3· 44·

II

The 'addictio' The defence has gone by default. It is now for the praetor to pronounce his judgment which can only be that the adsertor servitutis is free to remove his property and that in so doing he will be acting legally. This authorization would take the form ofa decree, if we may believe the definition vocantur decreta cum fieri aliquid iubet (praetor). In making the decree the praetor concludes the proceedings. It is, therefore, fantastic that L. should suggest that the authorization was only provisional and temporary until the arrival of the father (45· 3 placere patrem arcessiri). The very idea, which is itself ~~ntradicted ~n 45. 5 (n.), betrays L.'s failure to grasp the legal pOSItIon: What dI? happen was that Appius was forced under pressure to wIthhold hIs judgement until the following day. 45. 2. personis: the t.t. qui: masc. as always in general legal statements which involve men and women. in iis ... cedat: 'in the case of those who were claimed as free, since anyone was entitled to bring an action, their request was legal: in the case of one who was under the authority of her father, there was no one to whom the master should yield ownership'. The second sentence makes the exception to the general rule that anyone can bring an action in a causa liberalis. We might expect this to be made clearer by in aliis (Karsten) for in iis but the language is legalistic. (Vel'. reads adsignare under the influence of adserantur at the beginning 4 83

450 B.C.

450 B.C.

of the sentence. lege agere is the t.t.; adsignare is meaningless in the context. For other instances of a similar corruption cf. 5· 23. 12, 49· 9, 51. 3·) 45. 3. adsertorem: the noun is first found here but is presumably much older. adserere (commonly with manu) is the t.t. already in Plautus. 45. 4. P. Numitorius ... avus: 54. I I n. For the family see 2. 58. 2 n. Nothing else is known of him or his son (46.5) other tha? his el:ct~on to the fictitious college of tribunes in 449 (54. I I). HIS assoClatlOn with Icilius suggests that he is a duplication of the tribune of 47 I. See Munzer, R.E., 'Numitorius (3)'. 45. 5. decresse: the lictor declares that the proceedings are over and that Appius has given his judgment. In fact Appius is forced to retract so far as to withhold giving judgment that day. 45.6. placidum ... ingenium: so Adherbal in Sallust (Jug. 20. 2).

ginius has made a match for her with him. Icilius threatens that if Verginius on his return meekly accepts Appius' decision then he will have to find another husband for her since he (Icilius) will have nothing to do with her. (The point is purely rhetorical because, if Verginia is judged to be a slave, Verginius would no longer be in any position to make any match for her.) The question therefore is not that Verginius will have to make a match but that he will have to make another match. We must insert aliam with Doring, comparing Cicero, Phil. 2. 99filiam eius ... alia condicione quaesita. Palaeographically sciat
3.45.

2

The Speech if Icilius L. has elaborated material taken over from his source. According to D.H. (II. 31. 4-5), Icilius exclaimed simply that Appius would remove Verginia over his dead body and incited him to take a sword to his neck to see whether jkEyU>'WV KaKc1w apgEL 'PWjkaLoL,> 0 OUVa-TO,> OVjko,> ~ jkqu>'wv dyaOwv. In L. this has become an emotional defiance tricked out with all the colours of contemporary rhetoric and illustrated with commonplaces which can be paralleled from Cicero. tacitumferas: I. 50. 9 n. 45. 7. expediri: 2. 55· 5 n. 45. 8. arces: 37. 5 n. Cf. Cicero, pro Cluentio 156 in arce legis praesidia constituere. regnum: cf. pro Quinctio 94; for regnum in cf. Propertius 3. 10. 18; Horace, Odes 4. 4. 2. 45. 9. saevite: cf. D.H. I I. 3 I. 4· pudicitia: cf. Verr. I. 68. implorabimus: cf. pro Quinctio 94; pro S. Roscio 29; Verr. I. 25. There is a certain uubalance between the three appeals. The first two state both the appellant (ego, Verginius) and the object of appeal (pro sponsa, pro unicafilia), the third limb of the tricolon contains only the appellant (omnes) and not the object. Hence Boot with some reason proposed inserting pro ingenua before implorabimus. 45. 10. consideres: cf. Cicero, Verr. 5. 174 moneo videas etiam atque etiam et consideres quid agas, quo progrediare. 45. 11. sciat sibi: condicionem quaerere means 'to make a match' as in the Laudatio Turillc (= C.I.L. 6. 1527; ef. Suetonius Aug. 69; Marcian. Dig. 23. 2. 19). Since Verginia is betrothed to Icilius, it is right to say that Ver484

3.45,

II

46. 2. spirantem: governing tribunatum, 'still making plans for the tribunate'. Despite the evidence collected by Heraeus for a genitive dependent on a noun (Vindiciae Livianae 2, Progr. Offenbach, 1892, I I ; cf. LOfstedt, Syntactica, I. 215: cf. 6. 27.9; 22. 25.10), there remains no parallel for quaerere locum and the gen. We should follow Gronovius and read seditioni; ef. 50. 14. 46. 3. patrio: 'the name of "father"'. For this use of patrius ef. Propertius 2. 7.20 and Shackleton Bailey, Propertiana, 282. ius ... dicturum: in the praetor's formula do, dico, addico. 46. 7. sponsoresque daret: since Verginia was not technically a defendant Appius cannot be demanding that she give surety to appear on the following day (Gaius, Inst. 4. 184). Instead, he must be exacting from Icilius and Numitorius a guarantee (stipulatio) that they will produce her on the following day. L. uses exceedingly loose, untechnical, and misleading language when he writes: ita vindicatur Verginia spondentibus propinquis. There is no connexion with the Greek €yyV7]UL'>. 46. 8. crastina die: 2. 49. 2 n. Read crastino.

The Speech if Verginius Delivered in the pathetic vein. 47.2. circumire: I. 47.7 n. in acie stare: 23. 16. 10, 37· 53. 19, 44. 36. 13; cf. Bell. Hisp. 28. I; Cicero, Phil. I I. 24. The standard phrase. strenue ac fortiter: even Bayet keeps the manuscripts' ferociter, but strenuus etfortis is the conventional Latin way of describing a soldier of exemplary record (4. 3. 16 n.), and to introduce ferocitas is to strike an entirely false note. It would not be calculated to arouse sympathy. The case for fortiter (Doujat) is demonstrated by Wolffiin, Livian. Kritik, 22.

3.47.

450 B.C.

2

incolumi urbe: an old plea, used, for example, by Cicero, de Domo 98 . 47. 4. amentiae . .. amoris: the play on words is old and proverbial; cf. Plautus, Merc. 82; Terence, Andria 218; Apuleius, Apol. 84. per ambitionem: 'that judgement had not been delivered in his favour the day before through partiality'. 47. 5. forsan: a comment by L. himself, speaking propria persona, as is betrayed by forsan. Common in the poets, I the word is used in classical prose only by the author of the Bellum Africum (45), by L. here and in another aside at IO. 39. 14 (for the text of23' 23. 3 see O.C.T. apparatus), and by Columella (3. 9. I). Although Appius allegedly adjourned proceedings as an act ofgrace to allow Verginius the opportunity of appearing and making a contra vindicatio, he never expected him to arrive in time. When he did make his appearance, Appius was forced to change his plan, since he was obliged by the rule of proceedings in iure, if two vindications were duly made, to pronounce in favour ofVerginia (i.e. secundum libertatem) pending the hearing in iudicio. To have done so would have been to lose his hold over the girl. Therefore without even allowing Verginius to make his claim, he substitutes a new judgement founded on a new ground, namely that Verginia had been stolen (44. 9furto translatam) and that Verginius was to be held as a thief caught in possession (fur manifestus). On this basis he frames his decree and elaborates arguments in support of it which L. omits either because they were too complicated for him or because he regarded them as distracting to the reader but which are, however, reproduced in D.H. I I. 36. Provisions againsttheft were laid down in the Twelve Tables (8. 14-18) and the new legal twist to Verginia's story was no doubt evolved to illustrate them. 47. 6. silentium: such silences are psychologically arresting and also serve to break the narrative in two sharply divided sections. Appius appears to be on top. Suddenly the situation changes. For other instances of this device cf. 32. 33. I, 40. 8. 20, 12. 2; and see P. G. Walsh, Rh. Mus. 97 (1954), 103-4; Dutoit, Milanges Marouzeau, 141-51. See also 1. 13. 4 n., 16. 2 n., 28. 8, 50. 8 n., 2. 2. 8 n., 3· 50. 4, 56. 6 n., 4· 18.6,4' 48. 15 n. 47. 7. leilio, inquit, Appi: the juxtaposition of names is abrupt. ferarum ritu: the blind and impetuous intercourse of animals was proverbial (4. 2. 6) and Verginius' blunt words are meant to shock. er. Petronius, Eleg. 28 (Poet. Lat. Min. XLIII. IOI) non ergo ut pecudes libidinosae caeci protinus irruamus illuc. I

cr. Charisius, Gramm.

I.

185. 16. poetis relinquemus.

450 B.C.

3· 47· 7

isti: presumably the general crowd, as opposed to illos that part of it which was armed. ' non spero: Verginius does not trouble even to conceal his threat. 48. 1. alienatus . .. animo: 25. 39. 4 for the abl. ~rit r:zelius: 41. 3 n. Appius is menacing and imperative. <1), 1nqUzt: 1. 26. 7 n. The official command, as is da viam (c£ Plautus, Curc. 280). rrwncipium: 'his property, his slave'. intonuisset: a very strong word, used only here by L. and only once before in ~atin prose (Cicero, pro Murena 81; c£ Statius, Theb. 2: 668). It underlmes the harsh arrogance with which Appius delivers his orders. For a similar use of a striking word cf. I. 50. 3 n. mussitantes. 48•

.3.

The Death

if Verginia

The scene was justly famous in antiquity as can be judged from three echoes of it in Tacitus: 48. 4 = Hist. 3. 4. I; 48. 7 = Annals 2. 75· I; 49· 3 = Annals 2. 80. 4. 48. 5. prope Cloacinae: sc. templum, between the Basilica Aemilia and the comitium, in reality not a temple but an open shrine as the remains (RiUsen, Mitt. Deutsch. Arch. Inst. 17 (1902), 44; 20 (1905), 62) and the representation on a coin of L. Mussidius Longus, monetal of 43-4 2 B.C. (Sydenham no. I093), reveal. It is called a sacrum by Plautus (Curc. 471). The double name Venus Cloacina and the antiquity of .the cult, attributed to Tatius (Pliny, N.H. 15. 119), suggest a fUSIOn between Venus and a deity Cloacina. This is confirmed by the :ult-image which comprised two draped figures, the left hand of whIch clasped a myrtle branch. The cult was associated with the. twin ideas of purification (Pliny, loco cit. cluere enim antiqui purgare d1cebant; cf. 15.120) and, perhaps, of concord ((myrtum) coniugulam,fortassis a coniugiis, ex illo Cluacinae genere), but it was Cloacina's ca~acity as a ~urifier, above all from the taint implicit in stuprum (for whIch see Noailles, Fas et Ius, 1-28), that made her shrine the natural setting for Verginia's death. Indeed it would be true to say that the myth. of Verginia is the aetiological myth of the cult. A similar myth explamed the cult of Pudicitia Plebeia (IO. 23. 4-rr) and the two may be related, or. even ~uplicate. See Dressel, Wiener Studien 24 (19 02 ), 4 18ff.; PalS, Anaent Legends, 196--g; Basanoff, Rev. Hist. Relig. 126 (1942), 7 ff.; R. Schilling, La Religion romaine de Venus 2 IO-I 5; Latte, Religionsgeschichte, 186 n. 3. ' . ad tabernas: the original shops (9. 40. 16 argentariae) on the north SIde of the Forum were burnt in 2IO (26. 27. 2). Rebuilt at some date before 192 (Festus 258 L.), they were called Novae and the area where they stood came to be known as sub novis (Varro, de Ling. Lat. 6. 59). 48 7

3.48.5

450 B.C.

450 B.C.

The reconstruction of the Basilica Aemilia in 78 and 55 B.C. (dedicated in 34 by L. Aemilius Paulus, according to Dio Cassius 49. 42) must have involved the removal of the shops. In writing nunc Novis est nomen L. must either be reproducing a comment from his source or else be loosely commenting on the survival of the name to designate the area. Cf. 2. 33. 9, and see Platner-Ashby s.v., with references. consecro: the singularity of the formula has passed unnoticed. Verginius was neither priest nor magistrate with sanction of official ceremony to conduct a consecratio capitis (55. 7 n.). Yet L. means evidently to convey something more potent than a curse. By writing consecro he hints at magic, where a mere curse or exsecratio would be dramatically too mild. There is nothing resembling it in the narratives ofD.H. We are forced to conclude that L. has invented a fine-sounding formula for dramatic effect, perhaps influenced by the vengeance scenes of Greek tragedy (e.g. Euripides, Electra 1142-6). This is borne out by the balanced structure te tuumque caput I sanguine hoc consecro ; ef. I. 24· 4. 48. 8. cetera: typical of the triter side of L.'s moralizing; muliebris dolor was proverbial (Cicero, pro Cluentio 13; pro Scauro 9), particularly for its loquacity: ef. Euripides, Andr. 93-96.

the sense excellent. 'Many suggestions were voiced and after Oppius had hesitated, as he agreed (in tum) with their numerous authors on every side, he eventually gave orders for the Senate to be convened.'

3· 49· 6

50-54. 5. The Second Secession

4. 58. 12, 6. 2. I, 18. 3, 28. 10. 5, 35· 15· 7; 4· 25· 7, 10. 21. 4, 22.24.2,43.7.33. 31. 7)· AsSigonius, followed by Gronovius, rightly says, L. must have written agitatis. Many people offered advice to Oppius, many views were aired. If agitatis is right, then atque links nothing. Either a second verb to balance agitatis has dropped out, e.g. iactatis, or else atque is corrupt and should be emended. Stroth's ad quae is usually accepted (Madvig, Conway, Bayet) but it cannot go with adsentiendo which already governs auctoribus nor with trepidaverat, for trepidare ad in L. gains only modified support from 37. 30. 5. I would revive an old conjecture of Drakenborch's who proposed postquam. The corruption is easy (cf. Fiigner, Lexicon, 325) and

The Second Secession is as credible as the First (2. 32-33). Whatever duplications may have been made subsequently, the actual event is secure. Its roots are too deep in the Roman tradition. Elaboration can be detected to some extent by considering the site of the secession. In the oldest accounts the plebs seceded to the plebeian hill, the Aventine, on the second as on the first occasion (2.32.3). So Diodorus 12. 24 and Sallust, Jug. 31. 17; ef. 54. 9 n. But the whole position of the tribunate was safeguarded by leges sacratae, whose origin it was natural to connect with the Mons Sacer (Appian, B.C. I. I. 2). Hence second-century historians whom Polybius followed made both secessions take place on the two hills (ef. Cicero, de Rep. 2. 63). This was a clumsy manoeuvre which later writers improved by allotting the First Secession to the Mons Sacer, the Second to the Aventine (7. 40 . II (a Licinian passage); Pomponius, Dig. I. 2. 2. 20, 24; Festus 422 L.). The improved account became the standard version. It is to be noted that whereas L. adopts it in the digression 54. 5-15 (54. 9 n.), in the main narrative he prefers the older and clumsier story that they moved from the Aventine to the Mons Sacer (52. I). L.'s treatment is characterized by the frequency of debates, discussions, and harangues. Besides three more extended speeches (50. 4-9 Verginius; 52. 6-g Valerius and Horatius; 53. 6-10 the emissaries), there are numerous short remarks in direct and indirect speech (50. 14, 15, 16, 51. 3-5, I I, 12, 13, 52.4, 53· 3-5, 54· I, 7) whose overall effect is to convey the impression of bewilderment and concern. Rome is divided and perplexed, subjected to a confusion of contradictory advice. The issues are presented in the open-the conflict of liberty and order, libido and pudicitia, minority rights and concordia, justice and equity. They wait for Quinctius to gather up and resolve them in his great speech (65-66). See further Tiiubler 49-53; Burck 42-43; U. von Liibtow, Das Romische Volk, 96-99. 50. 1. Vecilio: not otherwise mentioned. If sound (Algido Doujat), it must be the name of one of the peaks or spurs of the Algidus range. As a proper name Vecilius is tolerably common. It may be Etruscan in origin, perhaps from Falerii (Schulze 561; Gundel, R.E., 'Vecilius'). If so, its application to Algidus looks like later elaboration. 50. 3. strictum . .. telum: two things, the knife and the bloodstained figure, attract the attention of the camp. But there is nothing remarkable about a drawn knife as there would be about a drawn sword,

4 88

489

49. 4. hinc atrox rixa oritur: the climax of the scene with its description of a mob riot is sketched in fast-moving, staccato sentences, culminating in the pithy videt imperium vi victum. 49. 5. pro imperio: ef. 48. 2. A negligence, since Valerius had no imperium with which to challenge the validity of Appius' position. He was not even a tribune. 49. 6. agitatus deinde consiliis atque: two difficulties arise from the received reading of the manuscripts. (I) atque can only link agitatus and assentiendo in which case a strong stop must be made after trepidaverat. So Luterbacher. (2) There exists no parallel in L. for agitatus = exercitus 'harried by' whereas the active agitare consilium 'to act, devise an opinion' or the passive consilium agitari are frequent (I. 48. 9,

450 B.C.

450 B.C.

because knives do not nonnally live in sheaths and Verginius had in any case snatched it from the butcher's counter. There is much to be said for Cobet's cruentum etiam telum, which makes a nice balance with respersus ipse cruore. The corruption is simple. L. may, however, have allowed the melodramatic to run away with him, as he conjures up the picture of the bloodstained father with the weapon still in his hand after a hard ride of at least 20 miles. 50. 4. silentium: 47. 6 n.

affected by L. (cf., e.g., 36.6,5.4.2). Here it also serves to obviate the ambiguous repetition of visa . .. visa fuisset, thus ensuring the first visa (visu Freudenberg; cf. 6. 37. I, 21. 32. 7) as well as potuerint (debuerint Doring; oportuerit Madvig) against emendation. 50. 12. et leniter : et (-que) has an adversative force as also at 60. 3, 6. 22. 7, 7· 5. 2. 50. 15. cepissent: 'occupied' not 'captured'; cf. Cicero, de Rep. 2. 26. 50. 16. invidiae se o.fferre: cf. Cicero, in Catil. 3. 28.

The Speech qf Verginius An emotional performance full of pathetic cliches, agreeing substantially with the speech in D.H. I I. 40 and so being traditional. Analogues to many of the commonplace phrases are forthcoming: e.g. for commilitones cf. 2. 55. 6 n.; for vitam . .. cariorem cf. Cicero, ad Fam. I I. 20. 2; liberae ... vivere cf. Cicero, Phil. I I. 24 liberine vivamus an mortem obeamus thus confirming Rhenanus's interpretation of the manuscript libere; for ad stuprum rapi (26. 13. 15) cf. Sallust, Hist. 3· 98; for e.ffrenatiorem cf. Cicero, pro Cluentio 15. 50.5. parricidam . .. aversarentur: echoed by Tacitus, Hist. 3. 25. 50. 7. nec se superstitem: se is only omitted by TT. illis quoque enim: enim, also omitted by TT, is needed to make explicit why Verginius thought that his fellow-soldiers would sympathize (Gronovius). See C.Q.9 (1959),271. 50. 10. I would read et immixti ... [cum] eadem . .. insecutique qui . .. dicerent. 'Civilians mingled with the crowd, and by making the same complaints and telling them how much more shameful the situation would have seemed if they had seen it rather than merely heard it at second hand, and at the same time by proclaiming that it was by now virtually all over at Rome (they began to stir the army) and, others following on who said that Appius had almost lost his life and had gone into exile, they induced the troops to raise the cry "to anns".' cum has nothing to govern unless it be dicerent which would require the deletion of insecutosque [sic N], nor can cum . .. simul = simul ... simul. It seems easier to understand how cum could be inserted by dittography (militum togati cum) than how it could be a corruption of simul (Zingerle). (There is, moreover, a superficial resemblance to 39. 5 (n.).) It is also possible that insecutique was changed to insecutosque after cum had been interpolated in order to allow, however speciously, cum to govern dicerent and insecutos to be linked with profligatam, both being taken as dependent on nuntiando. The prominent position of immixti at the beginning of the sentence leads the reader to expect a further participle and makes insecutique a more probable correction than insecutis (Alschefski). videri potuerint for the potential visafuissent has caused difficulty but is

51. 2. summae rei: awkwardly repeated at 51. ro, 11. See 1. 14· 4 n. tribunos militum: 4. 7. I n. appellari: appellare N. The switch from passive to active after placet can be paralleled (cf., e.g., 28. 25. 9, 29.4. 2,44· 2. 2) but in all these passages the subject of the action verb can easily be supplied (the consul, the general, &c.), whereas here it is difficult to see who is to call them tribuni militum. The Senate? The whole people? There is a clear case for the passive. Cf. 13. 8 n. 51. 8. praerogativam: 5. 18. I n. 51. 10. Before agmine there are preserved in Vel'. the letters ... enti. Novak's suggestion that they are no more than an anticipation of Aventi- which the scribe has failed to delete is impaired by the fact that at least four and possibly five letters were written before enti. Mommsen's ingenti agmine cannot be right, since the order is invariably a.i.; cf. 6. 15. 2, 34. ro. I; Augustine, Civ. Dei 5· 23; for the bare agmine see Filgner, Lexicon, 779. See 5· 41. 5 n. The most probable restoration is frequenti; cf. 27. 15. 18, 32. 12. 9, 44· 43. 1. M. Oppium: 35. I I n. Not otherwise known. Sex. Manilium: M,J),wp according to D.H. I I. 44. 2, i.e. Manlium: but the Manlii were patricians. No Manilius is known before the second century (M'. Manilius cos. 149) and the praenomen Sextus is not used either by the Manilii or the Manlii. He is, therefore, imaginary. 51. 11. terunt: 1. 57. 5 n. 51. 12. quo anno iam ante: 55. I n. 51. 13. in ordinem: 'to be reduced to the ranks, to be degraded'. Only here and at 35. 6 in L., an unconscious repetition (1. 14· 4 n.). The metaphor is taken from military language; cf. Pliny, Epist. 1. 23. 1. se aiebant: se, omitted by Ver., is not strictly needed but the omission is one to which that manuscript is peculiarly liable; cf. 44. 6, 62. I, 5.32.4, 40 . 10,6.6. 10.

3· 50. 3

49°

3. 50. 10

52.2. sciturosque . .. nequeant: as the text stands there is no conjunction to introduce and govern nequeant and a harsh change of subject has to be presumed between admoniturum and scituros. The first difficulty

49 1

450 B.C.

450 B.C.

is insurmountable, making it certain that the text is corrupt. The easiest correction is to follow Rhenanus and read sciturosque
amplexi tenetis ef. pro Sulla 59; for ferant desiderium (only here in L.) ef. Phil. 2. 45, 10. 21. There are many familiar stylistic tricks such as the repeated quid si ... quid si, the sharp chiasmus plebs . . . habenda aut habendi plebis and the antithesis nos . .. patriciis ... illi plebeiis. There

3· 52. 2

3. 52. 5

are many rhetorical commonplaces. The swamping of civilians by soldiers recalls the opening of the pro Milone. The exaggerated occasune urbis voltis finire imperium? is matched by similar cliches from Cicero (e.g. de Domo 96). Above all, tectis iura dicturi recalls av8p€s yap 1T6AlS

(52.6 n.).

The Speech in the Senate The speech is properly not to be attributed to Valerius and Horatius but represents the combined feelings of several senators (plures). Although the narrative of D.H. breaks off at this point it is safe to assume that L. has condensed a full-scale debate in which Valerius and Horatius took part into a single speech containing the gist of their views. D.H. does report a speech of L. Cornelius (I I. 44. 4) and the lacuna begins after A€l5KtOS 8t OvaMptOs, indicating that Valerius made a separate speech. L.'s abbreviation of the debate accounts for the ambiguous plures quam Horatius ac Valerius vociferabantur. The speech itself is passionate. The string of eight questions is a highly emotional device and the effect is enhanced by the language which surpasses L.'s ordinary rhetorical vocabulary in colour and liveliness. There are many stock phrases of oratory e.g. for quid exspectabitis? ef. Cicero, Verr. 2. 191 ; for ruere ac diflagrare ef. Parad. 28; for

52. 6. teetis: a Greek T61Tos, as befits a people who could take to their ships when the enemy invaded, going back at least to Alcaeus E I. 10 (Lobel and Page). Cf. also Herodotus 8. 61; Thucydides 7· 77· 7; Sophocles, O. T. 56; Euripides, fro 828 Nauck. Although used by historians of Rome (e.g. Appian, B.C. 2. 50; Dio 56.5.3) it enjoyed little vogue in Latin since to a Latin the concepts of urbs and populus were indistinguishable. 52. 7. aliorumque: who else would there be besides togati to be outnumbered by the lictors? According to Alschefski and Harant, women, children, and slaves. But since the main contrast is between civilians and soldiers, the women and children would be classed as togati, as they are, for example, in Cicero, pro Rab. Post. 27, or in the tag cedant arma togae. To limit togati exclusively to men who wore togas is to miss the point of the contrast between soldiers and others, viz. civilians = togatorum aliorum (ed. Frob. 1531). For the intrusion of -que see 24.5 n., and for the idiomatic aliorum 5. 35. I n. 52. 9. novam: 'it was a new and unproved power when they extorted it from our fathers: now that they have once been captivated by its charm they will endure still less to be deprived of it, especially since we for our part do not moderate our orders so that they stand in no need of help' (after B. O. Foster). Three points call for comment. dulcedine capti does not survive in prose before this passage (ef. 5. 6. 15 (speech of Ap. Claudius); 5. 33. 2), except in a letter written by Matius to Cicero (ad Fam. I I. 28. 2). It is used by Cicero in a poetical fragment (I b I. 4) and by other poets (e.g. Ovid, Met. I. 709; Lucan 9. 393), and it must, therefore, have seemed a vigorous phrase to a Roman. ne nunc for nedum nunc is equally striking (Kuhner-Stegmann 2. 68 Anm. 14). The use is only attested in a letter from Cicero to Paetus written in 46 B.C. ne iuvenem quidem movit umquam, ne nunc senem. See Cicero, de Domo 139 with Nisbet's note. nee nos = et(iam) nos non is affected by L. (6. 15.7,23. 18.4,38.23.3,34. 32. 9, 37.20.8). See Riemann, Grammaire, 277 ff. 52. 10. videatur: L. mislmderstands the impeccably constitutional language in which his source couched the Decemvirs' reply. si eis videtur was the request made by the Senate to the magistrates (2. 56. 12 n.).

49 2

493

450 B.C.

450 B.C.

in auctoritate patrum esse signified the compliance of the magistrates for which L. wantonly substitutes potestate (2. 56. 16, 3. 2 I. 3, g. ro. I) -a most inappropiate word for the Senate. Cf. Cicero, de Legibus 3.28 cum potestas in populo, auctoritas in senatu sit.

ceremony of auspication (2. 33. I), or at least have been popularly supposed to have done so, to mark the recognition of the tribunate after the passing ofthe laws. Secondly the Annales ofthe vear 44 1 must have recorded some event which indicated that one of the co.nsuls was pontifex maximus without specifying which. Such an event mIght well have been the games which L. significantly says were vowed ab decemviris per secessionem plebis a patribus ex s. c. (4. 12.2 n.). For Furius' praenomen see 4. 12. I n. See further Mommsen Staatsrecht, 2. 36. n. 2; Botsford, Roman Assemblies, 285-6; Sib:r, Pleb. Mag. 18; de Martino, Storia della Costitu::,ione, I. 3 13.

3· 52. 10

53. 5. vivos . .. concrematuros: it is possible that this threat to punish the Decemvirs by burning them alive was also fabricated to illustrate the provisions of the Twelve Tables. The penalty was certainly prescribed in the Tables for certain offences (8. ro = Gaius, Dig. 47· g. g) and is said by Diodorus (12. 25. 3) to have been the sanction of the Lex Trebonia (64-65 n.). Cf. also Val. Max. 6. 3. 2.

3· 54· 5

54. 3-4. Appius' remarks are in keeping with his character and situation-brusque and contemptuous. Notice the bald sentences without inter-connexion. The language is equally arresting. For imminetfortuna cf. Seneca, Troades 275. It is natural to take sanguis invidiae (gen.) together (cf. Cicero, ad Alt. I. 16. I I) : 'the blood demanded by unpopularity must be paid'. Alternatively take invidiae as dat. (cf. Seneca, Dial. 6. 13. 3) : 'blood must be paid to satisfy unpopularity'. Cf. 4. 58. 13, 7. 24. 5. nihil moror quominus is perhaps an extension of the plain nihil moror (1. 53. ro n.) and as such is an outspoken remark, but it appropriately recalls the technical formula for dismissing the Senate-nihil amplius vos moramur (Capitolinus, M. Aur. ro. 8). 54. 5. 0... Furius: the consul of 441. Cicero, pro Cornelio 25 supplies the reason: decem tr. pl. per pontificem quod magistratus nullus erat creaverunt; and Asconius adds that the pontifex was M. Papirius, Furius' colleague in the consulship of 441. Two inferences may be made from these details. Until the Decemvirate the tribunate was not a recognized part of the constitution. It only achieved recognition in the framework of magistracies by the Valerio-Horatian laws, whatever their exact content may have been (55. 3 n.). It is therefore inconceivable that the elections should have been presided over by the pontifex before these laws were passed; the pontifex may actually have performed some

54. 6-15. The Election if the Tribunes. Various indications suggest that at some point L. abandons Valerius Antias in fav~ur of an?ther source. The whole passage from 54. 6-55 reads more lIke a serres of tendentious discussions than a coherent historical narrative, which L. has felt obliged to include not so much because of their interest to him or to his age as because they formed part of the developed tradition of Roman historical writing which had employed facts and .legends as the basis for contemforary argument. Moreover, whereas rn both 45. 4 and 57. 4 P. Numitorius is said to be the avus ofVerginia, in 54. I I he is described as avunculus. aiJus normally means 'grandfather' and the meaning 'great-uncle', although attested (cf. Tacitus, Annals 2. 43), can be excluded on the ground that L. coul~ ,:ot have used both words in the same sense. Also in 54. I I VergrnlUs has the praenomen A., in 44. 2 and 58. 5 L. Mere scribal error might be presumed but for the fact that Cicero (de Rep. 2. 63) calls him Decimus, which suggests that the praenomen was not a fixed elemen~. The i~fef(::nce that the passage has a different origin from t~e mam ~ar~ahve IS also confirmed by the repetitious M. Duilium qui trzbunatum mSlgnem gesserat (54. 12) after 52. I and the doublet resolutions ne cuifraudi (54· 5; 54. 14). It was noted above that the complicated manceuvres of the plebs from the Aventine to the Mons Sacer and back again may be due to the combination of two separate accounts, one of which located the final scenes on the Mons Sacer t~e.o~her on the.Ave':tine.. If that is right the new source might b~ ~IC1nIUS .but the I~entIfic~tlOn cannot be certain and is, in any case, Immaterral. The lIst of trrbunes is no more than a doublet of the list of 47 I with such additions as family loyalties or personal ambition cared to make, even if it be an historical fact that ten tribunes were ele~t~d, perhaps for the first time (30. 7 n.). The suggestion that M. Dmhus ~a~ responsible for the motion to elect consuls is equally anachronIshC. 54.8. quod bonum: I. 17. ro n. 54.9. ubi: does L. mean where they began their secession a few days

494

495

The Speech if the Envoys The suave and conciliatory advice is put forward in a series of easy sentences. I t is enough to call attention to the high degree of antithesis employed, e.g. libertati ... licentiae, ignoscendum indulgendum, liberi ... dominari, patrum in plebem ... plebis in patres, scuto gladio, inferendo ... patiendo, tunc . .. nunc. 53. 9. satis superque humili est: 'an ordinary man who lives at liberty has enough and to spare'. humilis N would destroy the point by implying that such a man was excessively ordinary. 53. 10. legibus: the leges sacrae which have been in abeyance.

3.54. 9

450 B.C.

450 B.C.

before or does he refer to the version known to Piso which sited the First Secession, the beginning of the plebeian fight for recognition and independence, on the Aventine (2. 32. 3)? The pompous language might suggest the latter (for initia incohastis ef. 39. 23. 5) but the sentence is probably to be regarded as an amplification of ita undeprofecti estis and the mention ofthe Mons Sacer as the site ofthe First Secession a few lines below (54. 12) shows that L. did mean to refer to that event here. 54. 11. pontifice: 54· 5 n. L. Icilium: 3 I. I n. The college of 471 included Sp. Icilius (2. 58. 2 n.). P. Numitorium: ef. L. Numitorius in 471 (2.58.2 n.). 54. 12. C. Sicinium: according to the differing political attitude of historians 471 also included a C. Sicinius or a Cn. Siccius (2. 58. 2 n.). In saying primum tribunum plebis creatum L.'s sourCe! appears to conflict with 2. 33. 2 where Sicinius is only co-opted to the college and is not the founder-member (but for rival versions see note on 2. 32-33). This C. Sicinius is not mentioned elsewhere. in sacro monte: 2. 33. 3 n. M. Duilium: for his tribunate and his name see 2. 58. 2 n. 54. 13. spe . .. meritis: the phrase awakens suspicions, since the hopes were not fulfilled. Nothing else is known of them but a great deal is heard of their descendants. M. Titinius: ef. Sext. Titinius tr.pl. in 439 (4· 16.5 n.), P. Titinius consular tribune in 400 and L. Titinius in 396 (5. 18. 2 n.). The formation of the name from Titus suggests an Etruscan origin for the family (Schulze 242) and, despite the identification of P. Titinius as a patrician (5. 12. 10 n.), the family was doubtless plebeian. M. Titinius was tr. pt. in 193 and praetor in '78, whose career may have facilitated his ancestor's emergence. See Munzer, R.E., 'Titinius (10)'. M. Pomponius: the Pomponii were an old plebeian family, claiming descent from Numa Pompilius (Plutarch, Numa 21. 2; Nepos, Atticus I. I), but M. Pomponius owes his name more to the consular tribune of399 (5. 13· 3 n.) than to history. See Gundel, R.E., 'Pomponius (7)'. C. Apronius: significantly the only other Apronius known before the late Republic is the notorious Cn. Apronius, who was aedile some time before 266 (Val. Max. 6. 6. 5). Ap. Villius: the Villii only become prominent in the third and second centuries and reach their peak with the author of the Lex Villia Annalis (180) and P. Villius Tappulus, consul of 199. The praenomen Appius so far from being suspect (P. Sigonius) may be significant. Appius is not, in any case, exclusively confined to the Claudii (Doer, Die Rum. Namengebung, 26) but Scullard's demonstration that Tappulus was closely connected with the Claudian faction in the Second Punic War (Roman Politics, 96) may be used to support

the conjecture that the name Appius Villius was intended to be a compliment or the surmise that Tappulus and Claudius were related by marriage. See Gundel, R.E., 'Villius (I)'. C. Oppius: 35. I I n. 54. 14. ne cui fraudi: the plebiscitum is a doublet of the S.C. of 54. 5. rogationem: the language suggests that Duilius, a tr. pl., introduced the motion before the comitia centuriata, which is unthinkable. Even to introduce it before the comitia tributa would be quite ineffective before the Valerio-Horatian laws had been passed which accorded SOIT.e measure or recognition of validity to plebiscita (55. 3 n.). Since cum provocatione is equally tendentious and false (55. 5 n.) the whole notice must be regarded as an invention by an annalist anxious to give a democratic cast to the restoration of the consulate. pratis Flarniniis: tJ. 5 n., called the campus Flaminius by Varro (de Ling. Lat. 5· 154). They lay in the south part of the Campus Martius, where in 220 the censor C. Flaminius built the Circus Flaminius (see Platner-Ashby s.vv.; the exact site of the Circus Flaminius, for long uncertain, has been established by recent examination of the fragments of the Marble Plan of Rome: see plan, and Bloch, ].R.S. 51 (19 61 ), 15 2 ; it stretched between the Theatre of Marcellus and the modern Piazza Cenci). It is doubtful whether the name like the Prata Quinctia (26. 8 n.) is older than the construction of the Circus and denoted land belonging to thegens Flaminia or whether the ground on which it was built acquired the name Flaminius simply from the builder. The choice of the fields as the location of these transactions is doubtless an Aetion connected with the ludi plebeii which were held in the Circus (Val. Max. I. 7. 4).

49 6

3· 54· l::l

55. The Valerio-Horatian Legislation The three main Valerio-Horatian laws, on plebiscita, provocatio, and sacrosanctitas, have been the subject of acute controversy ranging from total rejection (Beloch) to total acceptance (Stuart-]ones). The case for each lawis set out separately below but on the whole question of the legislation of 449 it is worth commenting that, although surprisingly we have no evidence for it earlier than the accounts in L. and D.H., who only mentions the first law but whose text is defective, and a garbled passage of Diodorus (12. 25) who attributes to the consuls the institution of ten tribunes, the division of the consulate between patres and plebs, and a measure to ensure the continuity of the tribunate (55· 14 n.), yet we can see that L.'s third law, on sacrosanctitas, was already a bone of dispute in the early second century (55. 8 n.). A fourth law, on the storing of archives in the temple of Ceres, gives the aediles their primitive functions (55. 13 n.). Historically 449 marks a break. The increasing pressure of the plebs, inspired as much by 814432

497

K

k

3. 55

449 B. C.

449 B. C.

economic discontent (if the annalistic notices of plagues, famines, and wars may be connected with the archaeological evidence for an economic slump in the first half of the century) as by the desire for political recognition, was inadequately appeased by the Decemvirate. The Second Secession secured the triumph of the plebs. Their victory can be seen in the final cessation of cultural contact with Etruria. Such a break must have been marked by various constitutional enactments. There are, therefore, adequate grounds for believing that the programme as a whole was not the invention of a late annalist anxious, like Valerius Antias, to bring credit on his ancestors. The section, apart from the legal digression in 8-12, is homogeneous and of a piece with the tribunician activities in 54. 6-15' It is impossible to name L.'s source for certain. It is not Valerius Antias (55. I I n.). See Burck 43-44; and for the gen,ral history Beloch, Rom. Geschichte, 349; H. Stuart Jones, G.A.H., 7. 482-4; Siber, Pleb. Magistrat. 15, 32, 65 ff.; Arangio-Ruiz, Storia del Diritto Romano, 2 f.; Volkmann, R.E., 'L. Valerius (304)'; Staveley, Athenaeum 33 ([955), 12-23. 55. 1. per interregem: 8. 2 n. extemplo: 6. I n.

legislation (i.e. plebiscita) still required senatorial sanction before becoming law and that in 287 this anomaly was removed. A recent suggestion by Friezer that the Valerio-Horatian law applied specifically only to the two measures ofL. Icilius and M. Duilius (54. 14, 15) and was not of general application is disproved by the existence of the other plebiscita before 339. A bibliography is given by Staveley, Athenaeum 33 (1955), 13 n. 4; see especially E. Meyer, Rh. Mus. 37 (1882), 622; H. Siber, Pleb. Magistrat. 39 ff.; A. G. Roos, Mededelingen kon. Nederl. Akad. Wetenschappen, 3 ([ 940) ; E. Friezer, Mnemo.ryne 12 (1959), 325-6. 55. 3. telum acerrimum: cf. 69· 2, 5. 29. 9. Cf. Sallust, Oratio Macri 12 vis tribunicia, telum a maioribus libertati paratum.

3.55.

I

The Law 'quod tributim plebes iussisset populum teneret'. The comitia tributa had been brought into being for the election of tribunes in 471 (2. 58. I n.). The great advantages of efficiency which it enjoyed over the comitia centuriata must have been speedily recognized and it was inevitable that once such an assembly had been established it should devote itself to discussion and recommendation as well as the mere business of election. But when did its recommendations obtain the force of law? Only in 287 did it acquire the unconditioned right to pass a measure which could automatically bind the populus. That was the result of the Lex Hortensia (Gaius I. 3; Aul. Gell. 15. 27. 4). But L. also includes a Lex Publilia of 339 ut plebi scita omnes Q.uirites tenerent (8. 12. 14). What is the relation of that law to the present law? They look identical in substance. Since there are no grounds for rejecting the Lex Publilia many scholars have followed Meyer and rejected the Valerio-Horatian law as an attempt to provide a precedent for later democracy. Not for nothing did the Valerii have the cognomen Publicola. But the sources preserve unmistakable traces of tribal legislation before 339, notably the plebiscita of 366 and 342. The facts can only be satisfied by a solution such as Staveley's which holds that from 449 all decisions of the comitia tributa were binding on the populus as a whole if they were approved by the Senate (patrum auctoritas) , that in 339 consular legislation passed in the comitia tributa was freed from this restriction while strictly plebeian

The Law 'ne quis ullum magistratum sine provocatione crearet'. It has been argued above that the Lex Valeria de provocatione of 5 0 9 is fictitious (2. 8. I n.) and that the annalistic allusions to provocatio (2. 2'/. 12, 2. 55. I n.) in the early period are anachronistic embellishments. I t is, moreover, uncontroversial that magistrates were only compelled to allow appeals from their absolute power (coercitio) by the Lex Valeria of 300 (ro. 9. 3-6). Can any room, therefore, be found for a third Lex Valeria on the same subject in 449? It is true that ill this period the coercitio of the magistrates was challenged. The Lex Aternia Tarpeia, as modified by the Lex Menenia Sestia (45 2), laid down a scale of fines which, even if not mandatory, imposed a de facto restriction on the powers of the magistrates. The Twelve Tables are also asserted to have contained provisions for provocatio (Cicero, de Rep. 2. 54) which points to the same conclusions. But the form of this particular law is influenced by the conception of the Decemvirate as a magistracy sine provocatione (32. 6, 54. 15) as distinct from an ad hoc commission to frame laws. 'It is designed to ensure that a magistracy so autocratic as the Decemvirate should not be renewed.' To that extent the law must be unhistorical and it may be a complete fiction. Certain linguistic points corroborate that. It is, however, possible that in the Valerio-Horatian programme something was said about the duties of the magistrates not to overlook the optional procedure of provocatio laid down by the Twelve Tables but it is quite uncertain what the terms of such a law would in detail have been. It is clearly wrong to interpret the law as concerned with the protocol of elections (Karlowa, Rom. Rechtsgeschichte, r. II 7) or as designed to embrace the dictatorship as well as the consulship (Schwegler, Rom. Geschichte, 2. 121 n. I). See in addition C. Brecht, Zeit. Sav.-Stift· 59 (1939), 269 ff.; A. Heuss, Zeit. Sav.-Stift· 64 (1944), 93 ff.; H. Siber, Pleb. Magistrat. 63 ff.; de Martino, Storia della Costituzione, r. 257-62; Staveley, Historia 3 (1955),427.

49 8

499

3· 55· 5

449 B.C.

55. 5. 1l0vam legem: Daube (Forms of Roman Legislation, 27) notes that, whatever the authenticity of the law, it follows the regular pattern of legal formulation. In new statutes the prohibition is put first and has the sanction as, for example, in the Lex Quinctia de aquaeductibus (= Bruns 113) or Cato, de Re Rust. 144. 3. legulos praebeto. si non praebuerit, quanti conductum erit aut locatum erit, deducetur. In statutes which merely confirm existing statutes as in the following law on sacrosanctitas, the prohibition is taken for granted and so omitted: only the sanction is stated. ius fasque: the meaning is that it would not be an offence against men or gods for him to be killed. The language is suspicious. Although the Twelve Tables speak of a man being iure caesum, the combination of ius and fas looks like a late formulation. We should expect something like parricida ne sit (Festus 424 L.). capitalis noxa is also modern.

The Law 'qui tribunis ... nocuisset, eius caput Iovi sacrum esset' The law is a restatement of the oath taken at the time of the First Secession (2. 33. I; ef. D.H. 6. 89. 3 J;aytaTO, EaTW Kat Ttl XP~/-LaTa aVTOV iJ~/-LY}TPO' tEpa). The principle behind it is very old. When a man committed an iniuria against another man his iniuria surrendered him into the power of the other man. So when a man committed an offence against a god either by violating a god's sanctuary or, as here, by breaking an oath made in a god's name, he became forfeit to that god-sacer. The only way in which a god could claim this man was by death which was not in any sense a sacrifice but the speedy delivery of the offender to his master. So Macrobius (3· 7. 5; cf. [Servius], ad Aen. ro. 419). Consequently anyone who dispatched the offender was exempt from the ordinary penalties and taboos connected with causing death. From the primitive religious death-sentence sacer esto, attested both by archaeological evidence (1. 55. 3 n.) and by the Twelve Tables (8. 2 I patronus si clienti fraudem fecerit, sacer esto), the Roman capital law evolved. In this respect therefore the third ValerioHoratian looks authentic. The consecratio bonorum in the Temple of Ceres, Libel', and Libera is equally archaic (2. 41. ro n.). The cult had strongly plebeian associations. The only doubt which attends the genuineness of the law is the mention of the obscure iudicibus decemviris (see below). The law was certainly in general currency in the early second century (55. 8 n.) and seen against the background of the recognition of plebeian aspirations it seems likely that what from 494 to 449 had rested upon a mutual oath (religio) should now have been put upon a regular footing. See L. Lange, De Sacrosanctae Potestatis ... Origine Commentatio (1883); Mommsen, Strafrecht, 56 ff.; Warde-Fowler, Roman Essays,

449 B.C.

3· 55· 7

15 ff.; Strachan-Davidson, Problems, I. 1-27; A. Piganiol, Journ. des S~vants, 19 I 9, 245; Hagerstrom, Riim. Obligationsbegriff, 1. 4 6 7; Alt~.elm, Lex Sacrat~, 19-29; ]. Bayet, tome 3, 145-53; Kaser, Altrom. Ius, 42-53 with fuller bibliography; H. Ie Bonniec, Le Culte de Ceres, 345-7. 55. 7. iudicibus decemviris: identified by Mommsen with the decemviri stlitibu.s iudicandis. (Staatsrecht,. 2.605), a panel who were mainly concerned wI~h causae lzberales. In view of Verginia, the identification was appropnate en~u.gh. B~t, ~s Wlassak observed (Pro;:;essgeset;:;e, 1. 139 ff.), the decemv.m weI': mstItuted after the praetor peregrinus, i.e. after 242 B.C. (Pom~0111us, DIg. 1.. 2: 2. 29; first attested in 139 B.C.) and certainly comprised both patnc~a~s and plet:eians. If the identification is right the law cannot be ongmal. Nor IS the text suspect, iudicibus being gu.ara~teed b'y ;55· I I and dece",:viris being an improbable interpolation (Slg0111US~ D?rmg, B~yet). With ]olowicz (Historical Introduction, 20 4 ~. ~~), I mclm~ .to thmk that the identification is wrong and that by ZUdlCZbus decemvms are meant one or two plebeian officials of whom we k.now not.hing: Did the plebs have a special court for taking proceedmgs agamst ItS own members? Is that reflected in the notices abo~t tribuni~ian prose:utions in the fifth century? D.H. 6. 90, discussmg the First SeceSSIOn, speaks of TOU, t),7Ty}pET~aOJJTa, TOts- SY}/-Lap-

f' ~'S I , ~ I r'\.\, './. ' oaWJJ aJJ EWJJTat Kat vtKa, a, aJJ E7TtTpE,/,WJJTat EKEtJJOt KptJJOUJJTa, ... StKaaTa,. (E. Cocchia in the Rivista Indo-Greca-Ital. 5 (1921), 25- 28 , XOt,

supposes on the analogy of praetores iiviri and similar titles that aedilib~s iUdicibus.de~emvirisare all attributes of tribunis, there now being ten tnbunes. HIS mterpretation which incidentally makes excellent sens: of Nonius 3 I 7 L. is ingenious b'ut involves the impossible hypotheSIS. t~~t the. aedlles were not a separate body by this period.) IOV1: It I~ clarmed, e.g. by Warde-Fowler and Bayet, that the naming of a particular god rather than the unspecified sacer esto is a later r~tionalization and that the terms given by D.H. for the oath of the First Secession (J;aywTo, EaTw) are therefore more correct. But the analogy of divine and human law which surrendered the offender into the power of th? injured party suggests that a specific god was always named. The eVidence corroborates this. Apart from the solitary law of the Twelve Tables (8. 2 I; see above), where the god may' have been named elsewhere, the deity is always cited or implied, e.g. Lex Numae (Festus 5?5 L.) sacros esse sc. Termino; the Forum cippus s]akros esed Sor[anOl; Paulus Festus 5 L. si quisquam aliuta faxit ipsos Ioui sacer esto; Festus 422 L. qui quid adversus eas fecerit sacer alicui deorum sit; Macrobius 3. 7. 5 sacros esse certis dis iubent. In 55. 8 below, the manuscripts read 'interpretes negant quemquam sacrosanctum esse sed eum qui deorum cniquem nocuerit id sacrum sanciri'. eorum is a certain correction as 55. 9 shows. The harm

500

5° 1

3.55. 8

449 B.C.

449 B.C.

is done directly to the individual who is protected by the sanction. N had cuiquem. That ,\ chose the simple quem and that PFB reversed the order -quecui or cuiquamcui-indicates that cui and quem were alternatives. Hence although cuiquam = cuipiam or alicui in a hypothetical relative clause would be possible (I. 35. 3, 3. 38. 9; Publilius ap. Seneca, Dial. 9. I I. 8 cuivis potest accidere quod cuiquam potest; Nepos, Att. 19.3) and is affected by L., the simple cui may be right. id is superfluous, since eum is the subject of sanciri. Recent editors accept Muller's Iovi which brings the passage into line with the formula of the law. It is, I think, wrong. The contrast is betweensacrosanctum and sacrum (so Rhenanus and Hertz). The two adjectives should be placed in stark opposition, without qualification. id is a dittography after nocuerit. For a similarly corrupt and senseless id cf. 4. 2. 3 n. familia: 2. 41. 10 n. Cereris Liberi Liberaeque: 33. 25· 3, 41. 28. 2; Cicero, de Nat. Deorum 2. 62; Tacitus, Annals 2. 49; Fasti Antiates. Despite the difficulties raised by Ie Bonniec (Le Culte de Cires, 277-3") who points out that there is no precisely corresponding Greek triad attested, it is difficult not to believe that the cult was introduced in 493 either from Campania, where the cult of Demeter was certainly established at Cumae (Plutarch, Moralia 261 E), or from Sicily where it was localized particularly at Henna (Val. Max. I. I. I; Cicero, Verr. 4. 108) and at Syracuse. Her need for corn brought Rome into contact with both areas at an early date. 55. 8. iuris interpretes: when the old notion of sacer became obsolete with the increasing secularization and ordering of the legal system, it underwent a subtle change. Instead of the person who violated a tribune being held sacer, the tribune himself was held to be inviolate or 'sacred' in our modern sense. He could not be subjected to legal or physical restraint. The issue then arose whether sacrosanctity in the new sense also applied to the aediles and, one presumes, the iudices (and) decemviri. The controversy raged in thc early part of the second century. The older Cato delivered a speech aediles plebis sacrosanctos esse (Festus 422 L.; for the date see H. H. Scullard, Roman Politics, Appendix 2, 256-7) and before 226 C. Scantinius Capitolinus attempted to take refuge in his position as aedile against M. Marcellus (Plutarch 2). It is evident that the debate formed part of the oldest Roman history and that the law itself must be of much greater antiquity (Mommsen, Staatsrecht, 2. 472 n. 2, 486 n. I). No doubt it continued. Apart from the suppression and restoration of the tribunate in the first quarter of the century, Augustus had assumed the sacrosanctity of a tribune in 36 (Dio 49. 15. 5) and certain other tribunician powers in 29 (Dio 52. 42. 3). Such innovations required justification. C. Trebatius Testa who wrote an essay on the concept

sacer was Augustus' legal adviser (Justinian 2. 25). The question had a current topicality. Why else would L. have included it? 55. 11. fuere qui: the argument runs: the law covers a class of officials called iudices; the consuls are called iudices; therefore the consuls are covered by the law, but the praetors are created under the same auspices as the consuls; therefore the praetors are covered as well. Horatia lege: the absence of Valeria excludes Valerius Antias from being the source here. iudicem: Cicero, de Leg. 3. 8; Varro, de Ling. Lat. 6. 88. 55. 12. praetorem: I. 60. 4 n. 55. 13. in aedem Cereris: the storing ofS. C. seems at first sight anachronistic. Such a concern about documents should reflect first-century consciousness, which Caesar exploited by arranging for the publication of senatorial business in the Acta Diurna. Yet already by 307, as the career of Cn. Flavius illustrates, there were many people at Rome anxious to know the secrets of the Fasti and similar documents. The tradition about the S. C. is the more credible because of the mention of the aediles. As their name suggests (ef. aedituus) they were the overseers of the plebeian aedes Cereris, with which, as Latte observed (Nachrichten Gesell. Wissen. Zll Gottingen, I (1934), 73-77), a market must have been connected where, for instance, the goods of the consecrati were sold. The aediles would have possessed certain police powers over the running of the market from which gradually the full magistracy developed. Here they are still confined to their primitive functions (ef. 57. 10,4· 30 . I I) so that the notice must be old and authentic. See de Sanctis, Riv. Fil. 10 (1932), 433-45; Ie Bonniec, Le Culte de Cires, 355-7. 55. 14. sine tribunis: for this plebiscitum, also mentioned by Cicero, de Leg. 3. 9 and Diodorus 12. 25. 3, who names the penalty as death by burning, see 64. Ion. sine provocatione: repeats 54· 15, 55· 5·

502

50 3

3· 55· 7

56-59. The Trial of Appius Claudius The emphatic deinde indicates that the digression on the legal consequences of the Decemvirate and its aftermath is over. We revert once more to the main plot, to the fate of the leading personalities in the struggle. Except for the annalistic notices of 57. 7-10 and perhaps 58. 9-10, there is unlikely to be any historical foundation to what follows. Appius Claudius may have been tried and may have committed suicide. A tradition about him could have been kept alive in the family but it has been elaborately worked up. The choice of a tribune as prosecutor must be unhistorical even though the tribunate was now a recognized branch of the constitution (2. 35. 5 n.) and the choice of Verginius as the tribune is clearly motivated by a desire to make the trial of Appius the counterpart of the trial of Verginia. In

449 B.C.

449 B.C.

Appius' Provoco there is also a deliberate and ironical recollection of previous occasions when innocent citizens had appealed against the unbending decisions of Appii Claudii ('2. '27. IO-1'2, 55-56). There is a similar schematization in the actual details of the trial. Whereas D.H. disposes ofthe entire business in a couple of chapters, L. lays the scene carefully. The first act takes place in the Forum where a speech of Appius (56. 9-13) is matched by one from Verginius (57. 1-5)' The second act, also in the Forum, witnesses Appius' supporters (58. 1-4) opposed by the necessarii Verginiae (58. 5). The effect is dramatic. In addition, L. makes the drama point a moral-clementia concordiam ordinum stabiliri posse (58. 4 n.). Indiscriminate reprisals would only lead to a worse reaction in time to come. Appius and other ringleaders must be punished but for the rest it is better to forgive. The different aspects of clementia are revealed in the proceedings and the whole exemplum serves to lead up to the great speech of Quinctius which gathers together the various elements on which concordia ordinum depends. These considerations suggest that L. has returned to Valerius Antias as his source. Certainly avum (57. 4) agrees with 45· 4 against 54. I I (n.), and the atmosphere is in keeping with the other Claudian passages which were held to be Valerian in origin. But it cannot be proved. Klotz would even hold that L.'s source was writing under the influence of Caesar's account of the death of Orgetorix (B.G. I. 4 ff.) but on examination the resemblance is seen to be far-fetched. See Burck 43~45; Klotz '268-9; Klotz, Rh. Mus. 96 (1953), 66. 56. 1. fimdata : so also 60. I, introducing a new section.

te Niebuhr. Hearne and Drakenborch repunctuated mSI iudicem dices te ... dedisse, taking iudicem in apposition to te 'unless you will admit that in your capacity as judge you .. .', but Appius would have rightly claimed that it was unreasonable to expect him to make such an admission without even a trial. A future tense is required, and L.'s habit of repetition is so constant that I would propose nisi ad iudicem ibis and assume that the corruption followed the transposition of iudicem and ad. in vincla: Appius was asked to give surety that he would appear to answer the charge; if he refused, he was to be remanded (13, 6 n.). But L., as elsewhere, has misunderstood the procedure and regards the prison as punishment or sentence and not as merely detention before trial. Cf. D.H. I r. 46. 56. 5. auxilio: cf. Val. Max. 4. r. 8; Pliny, NH. '2 r. 8 ff. A tribune was not obliged to give auxilium when appealed to. He could refuse ifhe thought fit (Wirszubski, Libertas, '27). [at]tamen: attamen would be unique in L. and though suitable in sense is likely to have arisen through dittography after habebat. 56. 6. silentium fecit: notice L.'s use of dramatic silence (47. 6). 56. 7. deos tandem esse: the reactions of the crowd are sketched delightfully in lines of conventional triviality. For deos tandem esse cf. Homer, Od. '24. 35 I ZEf; miTEp, .ry pa ET' EaTE OWL KaTa /-LaKpov "O;>"V/-L7TOV. For seras, non leves tamen poenas cf. Homer, Iliad 4. 160 ff. ; Solon 13. '25 ff. ; Aeschylus, Agam. 58; Choeph. 383; Euripides, Bacchae 883 with Dodds's note; Tibullus r. 9. 4; Horace, Odes 3· '2. 31-3'2. 56.8. fidem ... implorantis: '2. '23. 8 n.

3· 56 59

The Arrest

if Ap.

Claudius

56. 3. oratio . .. inventa est: a commonplace; cf. the paradoxical denial of it by Catiline (Sallllst 58. I). vosmet ipsi: cf. Sallust, Cati!. '20. 6. 56. 4. impie nifarieque: cf. Cicero, Verr. I. 6; Phi!. '2. 50. gratiam facio: 'I remit, overlook' = Xa{pELV Ew. So also 8. 34. 3. Otherwise the phrase is only found in Plautus (Cas. 373; Miles 576; Most. I 130, I 168) and Sallllst (Cati!. 5'2. 8; cf. Jug. I04. 5). It gives life and colour to Verginius' challenge. nisi iudicem dices: said to be the defendant's reply to the prosecutor's proposal iudicemferre (57. 5) and to mean 'to agree to go before a iudex'. Cf. the interesting discussions by Gronovius and Drakenborch. But whereas i. j. is commonly attested, neither i. dicere nor anything remotely analogous occurs. In 57. 5 L. writes ad iudicem non eat. Many coJ1iectures have been made, none altogether satisfatory: iudicem oindices te Rhenanus; in iudicem dices, te Campanus; iudicem doces,

3· 56 .4

Appius' Plea See Lambert, Die Indirekte Rede, 35. A good example of subtle casuistry, planned according to the best patterns, as recommended for example by ad Herennium '2. '25. Notice the careful antitheses; maiorum merita, suum studium, suas leges; tum ... in praesentia; civitatis civem; invidiam ... aequitate; dominatio an libertas; inanibus litteris an vere and the balanced experturum ... experiri, quod si ... quod si and quem enim . .. ? cui . .. non sit? The language is as exemplary. For maiorum merita in rem publicam cf. Cicero, Verr. '2. 1'2'2; for aequandarum legum see 3 I. 7 n.; for invidiam pertimuisse cf. in Cati!. I. '29; for aequitate et misericordia d. pro Marcello 1'2; for dominatio an libertas see 39· 7 n. 56.9. abisset: in 33. 4 the consuls were only designati but the exaggeration is legitimate. 56.10. bona malaque: 'his case's good and bad points'. 56. 12. tollendae appellationis: N wrongly interpolates causu, as Duker had already seen. The genitive is governed by foedus as at Val. Max. 7. 4 ext. 3· In what follows, quod for quam and at for ait (cf. 9. r. 8) 5°5

449 B.C.

449 B.C.

are necessary corrections. Where L. uses at in the apodosis of a conditional, it is always accompanied by the personal pronoun. For conspiro in ef. 36. 9; Tacitus, Annals 15· 68. 56. 13. hoc indemnato indicta causa: 13. 4. Brecht was right to stress the sympathy which this plea would have gained in the aftermath of the Gracchan law ne quis de capite (Perduellio, 166 ff.). But Gracchus only reiterated what was already law by the time of Cato (Aul. Gell. 13. 25. 12) and what may indeed be assumed to have been a stipulation in the Twelve Tables (Salvian, De Gubern. Dei 8. 5. 24; see D. Daube, J.R.S. 31 (1941), 183). Like so much else in the history of the Decemvirate, it seems to be intended as an illustration of the Twelve Tables. Appius Claudius makes skilful use of the T071'0, contrasting truth with empty words which was worked to death by the elegists (cf. Catullus 70. 3-4; Ovid, Am. 2. 16.45, et al. = Sophocles fr. 749)·

compressed to the point of obscurity. In choosing between evenerunt (Ver.) and evenere (N) we have to note that according to the statistics compiled by Lease (A.].P. 24 (1903),408 ff.) in Book 3 the ratio of -ere to -erunt terminations is 88: 22 but that 'with venio and its compounds the -erunt form was preferred'. At the same time Ver. is prone to devalue L.'s language (6. 6 n., 44.5 n.) and LOfstedt (Peregrinatio, p. 37) demonstrated that -ere is the high-flown form of the termination. This fact tips the balance in favour of evenere here. Cf. also 4.7.8 n., 5.5· 5 n. Note also 28. 42. 15,5· 33· 5 (transcendere Ver.). pars magna: the volunteers came from those who were exempt on grounds of age and service (emeritis stipendiis) and formed a great part of the total army. The gen. voluntariorum is not partitive but a gen. of material. 57. 10. urbe egrederentur: the manuscripts here, including Ver., and at I. 29. 6, 2 I. 12. 5, 22. 55. 8, 28. 26. I I, 29. 6. 4, read egredior urbem with varying degrees of unanimity. But egredior with the acc. could only mean transgredior (2. 61. 4; see Frigell, Epilegomena, 43 ff.) which is absurd with urbem as the object. urbe must be read in all places, as at Val. Max. 9. 6 ext. 2; Frontinus, de Aq. IOI ; Marcian, Dig. I. 16.2. in aes incisas ... proposuerunt: in 34. 2 the first ten tables had been propositas and a further two were added in 37. 4. But this publication may be regarded as only provisional. A strong tradition associated the consuls with the final ratification of the laws, as was reasonable since Valerius and Horatius were the logical consequence of the democratic movement set in motion by the Decemvirate. The difficulty lies rather in the nature of the material used for inscribing the laws. The earliest surviving bronze laws are all of one piece (e.g. the Lex de Repetundis and the law of Bantia) and would have been referred to as tabula in the singular. The name Dllodecim Tabulae implies then that they were written on wood (ef. the Solonian agOVE,) and that is the tradition known to Pomponius (Dig. I. 2. 2. 4 quas in tabulas teboreas (roboreas Edd.) perscriptas pro rostris composuerunt; ef. Horace, A.P. 396-9 with Porphyrio's and [Acro]'s notes). The younger authorities knew only bronze (Diodorus 12. 26; Cyprian, Epist. ad Donatum IO). The discrepancy cannot be reconciled by supposing that the provisional promulgation of the laws was made on wood (Mommsen, Staatsrecht, 3. 371) and that they were finalized in bronze. The solution lies rather in believing that at the beginning of the first century they were restored and set up in bronze, perhaps when Sulla reconstructed the Curia. See Mommsen, Melanges Boissier, I ff.; Taubler, Untersuchungen, 69-77. sunt qui: a variant, to glorify the tribunes at the expense of Valerius. Licinius Macer? I t is a corollary of the archival functions of the aediles described in 55. 13·

3.56.

12

Verginius' Speech By contrast Verginius is brutal and inflammatory. He meets Appius' subtle pleadings with violent language. Among the more striking expressions, for legum expertem cf. Cicero, Phil. 2. 7; for castellum omnium scelerum cf. in Pisonem I I ; for bonis . .. irifestus cf. pro Sestio 39; for virgas ... minitans cf. Verr. 3. 143; for carnificibus see 2. 35. I n.; for ab rapinis ... verso cf. I. 60. 2, Sallust, Catil. 5· 2, 5 I. 9· 57. 4. illi carcerem aedificatum: I. 33. 8 n. There is no other trace of a tradition that the Decemvir was responsible for building the prison. Verginius invents it for the occasion in order to bring in a familiar and savage jibe which had already been used by Cicero against Verres (5. 143). It was, of course, much older. Casaubon, commenting on Theophrastus, Characters 6. 6, refers to Plautus, PseudoIus I 172 and Demosthenes 22. 63. 57. 6. ut . .. sic: 'a step which though disapproved by none yet gave occasion to much serious consideration, the commons themselves considering their own privileges as carried rather too far in the punishment inflicted on a person of such consequence' (Baker).

External Affairs 57.7. coronam auream: 29.3 n., 2.22.6. The crown would in fact have been dedicated from the victory spoils to come (6 I. IO) and not have been presented de concordia. 57. 9. Horatio Sabini, Valerio Aequi evenere: Petrarch had already seen the apparent inconsistency, for in his copy of L. he corrected Sabini to Vulsci. But D.H. I I. 47-48 clarifies the problem. The Sabine War stood over from the threat mentioned in 51. 7, while the Aequi and Volsci have joined forces,-uwfJA8E yap ap.rpOTEpa TO. E8VTJ. L. has 506

3· 57· 9

3· 58.

I

449 B.C.

58. 1. Regillum: 2. 16. 4 Il. sordidatus: contrast 2. 6 I. 3 ff. The Appeal by C. Claudius C: Clau?ius speaks in stu~ied terms, movingly stressing the dignity of .hls famIly wIthout excusmg the faults of his brother. His appeal stnkes a note of moderation which is taken up by Quinctius. Cf. 6. 20. 3 fr. 58.2. inustam maculam: cf. Fronto 158. 16 van den Hout. The metaphor is from the branding of a slave; cf. Propertius 3. 11. 40 with Shackleton Bailey, Propertiana, 17 I. honoratissimae imaginis: 36. 40. 9, VeIl. Pat. 2. 116. 4. latrones: cf. Sallust, Catil. 59· 5. 58. 3. preces aspemarentur: cf. Cicero, pro Sestio 30. 58. 4. generi ac nomini: cf. Phil. 3. 29. dare: 'made that concession to'. v~r!ute ... posse: Claudius here sounds some of the keynotes of the pohtIcal propaganda of the late Republic which, as so often, can be Illustrated. f~om ~oins. Libertas, clementia, concordia, all were the slogans of the polItIcal nvals before Actium and after Actium they assumed a new importance. Octavius had 'recovered liberty'. He was in a position to wreak vengeance on his enemies. Only prudential motives prevented him from so doing. See H. Kloesel, Libertas (Diss. Breslau, 1935); Dahlmann, Neue Jahrb.j. Wiss. 10 (1934), 17; Syme, Roman Revolution, 155-6 I . 58. 6. conscivit: 2. 61. 8 n.

Further Reprisals 58.8. testis productus: see p. 298. The lowest age at which a man could be called on to serve in classical times was seventeen (Aui. Geli. 10. 28). The upper limi~ is less clear. It was either forty-five or forty-six (I. 43. I n.) and thIS passage should perhaps be used as evidence for the lower figure. The veteran had spent all his active life in the ranks. Isidore (9. 3· 53) and Servius (ad Aen. 2. 157) reduce the maximum possible length of service to the round figure of twenty-five years. 58. 9. solum verterunt: 13· 9· 58. 10. ultimam poenam: i.e. the death penalty; cf. Pliny, Epist. 2. 11. 8. 58.11. manes Verginiae: I. 20.7,3. 19. In., 4· 19· 3. Originally the manes were the spirits collectively. The individuation of the manes of a particular person is relatively late (first in Cicero, in Pisonem 16) but the concept of their possessing powers of vengeance is old if their name is rightly derived from manus = 'good' and if they are euphemistically named, like the Eumenides, 'the kindly ones'. It is a common prayer 508

449 B.C.

3.58.

II

on ep.itaphs that the Manes either collectively or individually may no~ dIsturb the peace; cf., e.g., G.E.L. 467. 8 et manes placida tibi nocte qUlescant; a~d .see R. Lattimore, Themes in Greek and Latin Epitaphs, 90-95. TheIr mtroduction here is strongly reminiscent of the part played by the Furies (Eumenides) in the story of Tullia (1. 48. 7 n., 59. 13)· Both serve to underline the tragic nature of the tales. feliciores (N) is corrected to felicioris (Gulielmus) because it is senseless to speak of the manes of a person still living. But for felix used of the departed spirit cf. Virgil, Aeneid 6. 669 and for the whole phrase C.I.L. 8. 24787 condita nunc Libycafelix tellure quiesco. It is Verginia's epitaph.

Conciliatory Moves by M. Duilius 59. 3. placet [et] cum nova: et looks like a clumsy anticipation of the f~llow~ng et which picks up neque. It is senseless both in this position gIVen It by M and before nova (/.17) since the old sins have not been purged as. well. as the new ones. They have merely been forgotten. 59.4. tOtl plebls: 36. 7.

60-63. Wars with Aequi, Volsci, and Sabini The extended acc.ounts of the two campaigns undertaken by the consuls form a fittmg pendant to the settlement of affairs at Rome. Rome was a military power first and foremost. The health of her society was revealed by her success in war. L. therefore devotes considerable space to the narrative, elaborating it according to the fixed principles of Hellenistic battle-technique. In particular the exhortations o~ 17apaK"/.,,vuns were a feature of such narratives. L. employs them lIberally as a means of illustrating the morale of the armies. D.H., by contrast, is much briefer (I I. 47-48) and concerns himself with the physical not the psychological aspects. There are a few factual discrepancies between the two writers (63. 5 n.) but sundry anachronism~ datable to. the early first century (62. 8 n., 63. 9 n.) coupled wIth the prommence of Valerius indicates that L. continues to follow Valerius Antias. See Soltau 161-2; Burck 45-47; Klotz 270; . ~lathner, Die Sc~lachtschilderungen, 11-12, 16, 46; F. E. Erbig, TOPOl In den Schlachtberzchten (Diss., 1931), II. 60. 1. fundato: 56. I n. 60. 2. staturum: 'the battle would have cost great loss'. 60. 3. provocantibus: the same manceuvres as in 2. 45· 3. 60. 5. terrorem: notice the emphasis on the psychology of war-terror conscientia, animus, paventes, pleni spei, indignatio. ' 60., 7. noc~i cessere: cf. 17. 9. The phrase imitates the Epic VVKTt m8w8at Ilzad 7. 282, 293; 9. 65; 8. 502). Cf. also Sii. Itai. 5. 677. corpora curabant: 2. 10 n. 50 9

449 B.C.

449 B.C.

60. 8. multa iam dies emt: 'much of the day was spent' cf. 5. 26. 6, 27.2.9; Caesar, B.G. 1. 22. 4. The expression is military. tegerent: the Aequan sense of shame is expressed in a -r07TO, often employed in such situations; cf. Sallust, Cat. 58. 10. 60. 10. qui erant: sc. educti. turbatis mentibus is dat. after addito. The long sentence with its involved participial clause, extended apposition, and abl. abs., culminating in the sharp invadit, conveys the impression of the sudden moment of attack against a disorganized enemy performing a complicated series of manceuvres. 60. 11. victisne cessuri: it is not clear whether the leaders mean that the Romans have been defeated on previous occasions or that they are (virtually) defeated now. Perhaps the former which was a common -r07TO, for encouraging the troops (cf. Thucydides 2. 89. 2, 4. 92. 6, 7· 66. 2; Polybius, 3· 64· 4; Sallust, Jug. 49.2).

61. 8. exigite de: elsewhere in L. exigo is followed by e(x) (6. 37. 10, 39· 55· 4) but de given by both Ver. and M makes adequate sense, particularly if they were fighting on the high plateau above the pass. Note 62. 5 deducturum. cunctantur: for the -r07TO, cf. 21.40.6; Curtius 4. 14.2; Tacitus, Agr. 34. 61. 10. vis belli: cf. Cicero, pro S. Roscio 91. 61. 11. laetitia [modo] : the retention of modo with N would suggest that whereas the city only received the news with joy, the army were both delighted and jealous. It has been interpolated from in urbem modo. 61. 12. [szifJiciendo]: omitted by Ver. Many attempts have been made to retain and explain the word (see Doujat's note and Rossbach, B. Ph. W., 1920, p. 701) and many emendations have been proposed (adsuifaciendo Frigell; subinde Seyffert; subigendo Madvig; subiciendo Bayet)-all unnecessarily. profecerant: 'had encouraged the highest hopes of the general outcome' (Foster). 61. 13. priore anno: the definition of time is not exact but the victories of the Sabines were before Valerius and Horatius took office. recurrentes: recursantes (Ver.) must be wrong. The word is not found in L. although six other -curso compounds are (R. Jones, Progr. Posen, 1884) and it is also the more vulgar form. It is due to assimilation with the preceding procursantes.

3.60.8

Exhortation by Valerius Valerius makes use of four main -r07TOt: (I) The Romans are fighting as free men for their freedom. This is the most frequent of all commonplaces in a7TupuKEAwut,. Cf., e.g., Herodotus 5. 2. I; 6. 109.3; Thucydides 7. 69· 2; Xenophon, Anab. 1. 7· 3, 3· 2. 10; Cyrop. 3· 3· 35, 6. 4. 13; Lucan 7. 264-9. (2) Previous defeats have been due to the failure of the generals, not the soldiers. Cf. Polybius 3· 64, 3. 108. 9· (3) The Romans can be assured of divine goodwill. Cf. Thucydides 7· 69· 3; Xenophon, Cyrop. 3. 3· 34, 6. 4. 13; Polybius 10. I I ; Lucan 7. 349 IT. (4) They are fighting for the safety of their children and homes. Cf. especially Thucydides 7. 69· 2; Polybius 3· 109. 7. He adds one argument (turpe esse contra cives) which had a special relevance to L.'s own day. The speech is reported indirectly, but Valerius breaks out at the end with a passionate appeal in direct speech addressed to a particular section. See Lambert, Die Indirekte Rede, 41.

3. 61. 8

62. 1. ad id quod: 26. 45. 8. se, si: for Ver.'s omission of se cf. 5. 32. 4, 40. 10, 6. 6. 10. The commonplace is old; cf. Xenophon, Cyrop. 3. 3. 35; Caesar, B.G. 5· 44· 3· Exhortation by Horatius

61. 4. pudicitiae: note the alliterative p's. inclino is intransitive only here in L. (cf. 61. 14,2.47. 3,6.9.8). The phrase looks like military jargon (Caesar, B.C. 1. 52. 2; Itin. Alex. 16). 61. 5. nolle: 'yet he would not utter an omen which neither Jupiter nor Mars their Father would suffer to come home to a City founded with such auspices' (Foster). To suggest the possibility of defeat was a bad omen. 61. 7. dicta dedit: so 22. 50. 10; Petronius 6 I and Virgil (eight times) ; dicta dederat 7. 33. I I, 29. 2. 12. The constant word-order disproves Ver.'s dedit dicta. The phrase is epic in character, as Petronius shows, and is thus appropriate to the tense moment of a great battle (cf. 2. 45-47) . advolat: 2. 20. 10. The focus is on his destination, not the scene he is leaving (avolat).

consilio ... virtute: consilio is certain (silio being preserved in Ver. at the beginning of a line). consulto, the result of a dittography in N, should not be adopted, as it was by Gronovius and Burman (on Suetonius, Augustus 2), for consilium and virtus are conventionally contrasted as the prerequisites of all the best battles (cf. Caesar, B.G. 7· 29· 2, 52. 4; Thes. Ling. Lat. s.v. consilium 452.83 ff.) and consulto is only used by L. with opus est and bene. Horatius' language resembles the phraseology of the official communique announcing the victory. The choice between prolonging a war and bringing it to a speedy issue is conventional. 62. 3. mihi feceritis, milites: milites and feceritis were transposed by N, or an earlier copy, which led to suLsequent corruption and correction (milites geritis p.., mihi tegeritis ,\, mihi iffeceritis 7T). Ver.'s reading is preferable and the repeated milites suits the lively and excited style. Cf. 67· 4, 5· 44· 1-3 (Ardeates ... Ardeates).

5 10

5 11

3. 62. 4

449 B.C.

449 B.C.

62. 4. iam satis: a colloquialism for which cf., e.g., Terence, Phormio 436 and see Fraenkel, Horace, 242-3. agite dum: 68. 1,5.52.9,6.35. 9, 7· 33· 10,34· 14,35· 12. Vel'. also omits dum at 67. 6. Both are instances of haplography. voluntatis: observe the alliteration, as Horatius storms to his conclusion. 62.5. gesturum morem: for the history ofmoremgerere seeG. VV. Williams, ].R.S. 49 (1959), 28-29. It meant originally 'to regulate one's own individual behaviour in the interest of another' and was initially confined to 'wifely and filial obedience'. It later became colloquial and popular but since it is used here by L. I think some of the original associations of the phrase are retained. Unlike Appius Claudius Horatius was a true father to his troops. As with other semi-archaic phrases L. puts them into the mouths of his characters and does not use them directly himself. 62. 6. gloriae: if right, the gen. is analogous to Cicero, pro Plancio 89· Such variations of construction (gloriae ... elatum) are not uncommon in L. Vel'. is reported to have victoriae, a negligent anticipation of victoria (51. 10 n.), but, as far as its illegible state allows one to judge today, it seems to have read vi gloriae and that would be possible, perhaps better; Stroth and Ruperti had already proposed gloriae (memoria). Both victoria elatus (Caesar, B.G. 5· 47· 4; Bell. Alex. 76 . 3; Nepos, Paus. 1. 3; cf. 2. 51. I, 21. 48. 8) and gloria elatus (Caesar, B.C. 3. 79· 6; Bell. Hisp. 23. 8; Bell. Afr. 22. 2; cf. 31. 24. 12) appear to be military cliches. Vel'. also has the more satisfactory transposition nova nuper which enables veteris and nova to balance one another. The interlaced nuper may have seemed too harsh to the editors of the Nicomachean recension. Notice again the preoccupation with psychology (gloriae, pudore, verecundiae) . 62.8. degravabant: 4· 33· 11,7· 24· 9· sescenti; I. 43. 9 n. The detail is anachronistic from the time when every legion had a detachment of 300 cavalry attached to it (8. 8. 14; 22. 36. 3). For the significance of their dismounting see 2. 20. 10 n. ex(s)iliunt (Ver.) is not used of jumping from horseback.

Ienee (7. 7-8) and that the thanksgiving for victories was a comparatively late development. The present case has several suspicious features: the vaga popularisque supplicatio ( a clumsy annalistic explanation), the meeting of the Senate at the Apollinare where later a temple of Apollo was vowed pro valetudine populi (4.25.3-4 n.), and the coincidence of the date ofL. Valerius' triumph with that of his descendant M. Valerius in 312 (Id. Sext.). The truth may be as Gage conjectures (Apollon Romain, 2 ff. with bibliography). The Annales preserved a record of a supplicatio ad Apollinare but no mention of a triumph. The supplicatio was doubtless for health. Family and national patriotism demanded that the restorers of Roman democracy should be commemorated by a triumph and it was easy to convert a supplicatio pro valetudine into the thanksgiving for victory which usually preceded a triumph while the reference to the Apollinare could be explained as the site where the Senate met to consider the request for a triumph (34.43. 2,37· 58. 3, et al.). The absence of an official notification of the triumph meant that if one was held it must have been authorized in some unprecedented manner-a tribunician motion. M. Valerius supplied the date. See also L. Halkin, La Supplication, 16; P. Grenade, Origines du Principat, 230. frequens iit: 7. I ; Plautus, Persa 447; Val. Max. 3. 7. 1. The technical expression is omitted by Vel'. influenced by the juxtaposition of diem supplicationes immediately above. After it the supine supplicatum is wanted. supplicatumque est is a very old mistake. 63. 9. numquam ante: the sententious invention of precedents recalls 35. 8 (n.)-also Valerian. D.H. on the other hand cites a regal precedent. Constitutionally the power to allow a triumph rested with the magistrates not the Senate (Mommsen, Staatsrecht, 3. 1233) but their power appears to have been modified by Sulla who gave the Senate discretionary control (Cicero, de Leg. Man. 62. One triumph of historical times violated all the rules-that of Pompey in 80 B.C. (E. Badian, Hermes 83 (1955), 107 ff.). L. significantly says of it quod nulli contigerat (Epit. 89). 63. 11. triumphatum est: in the Fast. Triumph. the entry runs: L. Valer]ius P.f. P.n. Poplicola Potit(us) an. ccciv consul] de Aequeis idibus Sextil.

63. 2. et in: in is omitted by Vel'. as at 63· 5, 4· 9. 14, but is required here as there. 63. 3. providere omnia: the mark of a good general (cf. Sallust, Catil. 60. 4), as it is his duty laudare et increpare merentes (]ug. 100·3)· 63. 5. supplicationes: 5. 23. 3 n. A solemn thanksgiving decreed by the Senate during which the temples were opened and the cult-statues displayed on couches while the people offered up their prayers. There is no doubt that in origin supplicationes were decreed in time of pesti-

D.H. credits both Horatius and Valerius with triumphs (11. 49. 2, 50. I) and knows nothing of the two-day supplicatio. L.'s version favours Valerius at the expense of Horatius.

64-65. Tribunician Agitation: The Lex Trebonia For L. the events of the next few years are of interest as exemplifying the difficulties of preserving concordia within the state notwithstanding 1114432

LI

449 B.C.

449 B.C.

the wise provisions which Valerius and Horatius have made. Real concord requires the co-operation of all parties in the states, clementia from those who are in a position to be vengeful, moderatio from those who have opportunities of power, modestia from those who have grievances to air. Above all, the two main divisions of the community, the patres and the plebs, are depicted as waiting for a chance to jump at each other's throats. The power of the plebs lay in the tribunate. If the patres could hamstring that office, they would render the plebs powerless. Conversely, the plebs realize that to re-elect year after year a strong college of tribunes would give them a hold over the other magistracies. Hence the 'Lex' Trebonia, designed to prevent the infiltration of the tribunate by co-option but calculated to perpetuate seditio and discordia. Such at least is L.'s version. It is clear from the sources that traditionally the issue whether co-option of a patrician to the tribunate was permissible had at one time been discussed. It recurs in the story of L. Minucius (4. 16.4) and in 401 (S. 10. I I n.). If there is any substance to that tradition it must be connected with the institution of the consular tribunate and not with such highly organized political mana:uvres as L. describes, since patrician membership of the plebeian tribunate is the obverse of plebeian membership of the patrician tribunate. The whole tradition may just be legalistic invention based on the known terms of the provisions regulating the election of plebeian tribunes (i.e. the Lex Trebonia; ef. Diodorus 12. 2s)-certainly the stories of Tarpeius, Aternius, and Minucius are fictitiousbut it may go back to a contemporary discussion on how Rome was to have a unified government when religious reasons debarred plebeians from holding the auspices. Any reconstruction is guesswork. See Mommsen, Staatsrecht, I. 2 I9; E. Meyer, Kl. Schriften, I. 337; Cornelius, Untersuchungen, 62; de Martino, Storia della Costituzione, 294-S· The Lex Trebonia was invoked as an argument in the contested matter of re-election to the tribunate in the Gracchan age. Appian (B.C. I. 2 I) refers to an old law (presumably the Lex Trebonia) that ten tribunes must be elected and it was argued that 'though as a general rule re-election was improper, if fewer than ten tribunes were duly returned, the plebs might fill the vacancies from all including former tribunes' (A. H. M. Jones, P.C.P.S. 186 (1960), 34-3S). The topicality of the law in the Gracchan and Drusan disturbances accounts for its prominence, but L. could hardly have written this section in this form after 23 B.C. when Augustus took the full tribunicia potestas and from time to time co-opted colleagues (Suetonius, Augustus 27; Res Gestae 6). 64. 1. consulibus . .. continuarent magistratum : continuare m. can mean 'to

renew one's own magistracy' (3S. 6, 21. 2) or with dat., 'to renew another person's magistracy' (S. 29. I). Here the latter is clearly intended. 64. 2. iura [tribunorum] plebis: Ver. adds tribunorum but the limitation of the complaint to the tribunes weakens the force of the argument. 64. 6. auctores popul,/res sententiae haud popularis nactus: Stroth's emendation is necessary. Valerius and Horatius are popular, Duilius' proposal il; not. The gen. sententiae haud popularis as always with auctor (S. 22. 2, 8. 21. 2, 31. 7. IS, 33· 6. IS). Ver.'s dat. (s. h. populari) is inadequately supported by 2. S4. 7 where the dat. follows closely on deerat. For auctores nactus cf. 4. 6. 3. 64. 8. prae studiis: 'the other candidates not being able to make up the requisite number of tribes on account of the eagerness with which the nine tribunes openly pushed for the office'. The sense is that the other nine existing tribunes except Duilius tried to secure re-election but that the tribes which voted for them were disqualified by Duilius with the result that other candidates could not secure a majority. tribus explerent is technical; cf. Lex Malac. 3. 7; Cicero, pro Caecina 29. 64. 10. in quo: 'si . . .': the vulgate reading on which Ver. and N agree is adopted by most editors including Mommsen and Bayet but no convincing parallel has been adduced for the ellipse. If a verb has fallen out it is more likely to be scriptum est than sic erat (H. J. Muller, Luterbacher). The text of the clause is fortunately preserved in a sound state by Ver. with the exception of uti, given also by N. ut ii gives the right sense and balances hi and illi but Housman in a marginal note suggests that the contracted ut i (= ii) suits the pseudoarchaic nature of the language better and accounts for the archetype. 'If I shall call for your votes for ten tribunes, if for any reason you shall elect today less than ten tribunes, then let those whom the elected tribunes co-opt as their colleagues be as validly tribunes as those whom you shall this day have chosen to that office.' Linguistic details betray the whole formula as a second-century fabrication. For si ... tum ef. I. 24. 8; qui is abl. 'for any reason' (not a primitive form). 65. 1. Tarpeium: the alleged co-option of the consuls of 4S4 (3 I. S n.) is inspired by their responsibility for one of the first measures to give the plebs some legal protection (4- 30. 3 n.). 65. 2. Lars Herminius: I replace Herminius' praenomen which Cassiodorus' L. shows once stood in the text of Livy. (Aapt'vas Diodorus 12.27. I; Aupas D.H. I I. SI. I; cr. Auct. de Praen. 4.) Lars is frequently corrupted in transmission. Herminius is presumably related to the consul of s06 (2. IS. I n.), perhaps a grandson. For the Herminii see 2. 10. 6 n. T. Verginius Caelimontanus: regarded by Miinzer and others as a son

448 B.C.

446 B.C.

of the consul of 456 (31. I n.) but the age-gap is too small. Perhaps the son of A. Verginius, consul in 469 (2. 63.1 ). The Verginii at some early period divided into two families, one residing on the Esquiline, the other on the Caelian. Hence his cognomen. 65. 3. Trebonius: there is evidence to suggest that the Trebonii were an old family of Etruscan origin from Clusium (Munzer, R.E., 'Trebonius') . 65.4. usque eo: 23. 19.4; adeo is one ofVer.'s trivializations. 65. 5. M. Geganius Macerinus: 4. 8. I, 17. 7, 27. 10-12. For the cognomen cf. Macer. N's Macrinus may be influenced by the emperor of that name. A son of the consul of 492 (2. 34. I). 65. 6. otio Joris quoque: N's word-order is ruled out by the absence of any Livian examples of prepositive quoque (Baehrens, Philologus, Suppl. 12 (1912), 387 ff.; Shackleton Bailey, Propertiana, 175)· 65.7. cura pacis: for the sentiment ef. 2. 39· 7· 65. 8. in primis: 'originally'. 65.9. nomina: 5. 18. 2 n. 65. 11. adeo moderatio: one ofL.'s most articulate judgements in which he gives a coherent framework to the events of these years. Notice the subtle transition from the impersonal quisque I homines to the personal nobis I iniungimus. The balance between personal ambition (dignitas) and public order (libertas) was one which the late Republic unsuccessfully struggled with (Wirszubski, Libertas, 16; ef. 4. 6. I I). The thought is older, going back at least to Thucydides 2. 65. 10; ef. Xenophon, Cyrop. 8. 2. 28; Lucian, de Calumnia 11-13. Ver. omits the preposition a(b) also at 42. 7,4.25. 11.

and closing a book with a long speech. As often as not the first speech foreshadows what is to come, the last rounds off the narrative or what has happened. So Book 4 is opened by Canuleius (3-5), Book 5 opened by Appius Claudius (3-6), and closed by Camillus (51-54). Quinctius gathers together and reviews the issues which have been at stake in the turbulent years before and after the Decemvirate and points the moral that Rome's future depends upon concordia and that concordia can only be achieved by every citizen subordinating his own desires and ambitions to the needs of Rome. It need hardly be said that such a message was more relevant to the times of Augustus than of Quinctius, and Hellmann does well to draw attention to it (Livius-Interpretationen, 50-52) but it is in no sense Augustan propaganda. A speech on similar lines was evidently in D.H. whose text is defective at this point (Klotz 27 I), which implies that one stood in the history written by Valerius Antias. The immaturity of the composition is revealed by its formal correctness, by detailed discrepancies from the surrounding narrative which indicate that it was composed separately (67. In., 68. In., 68. 7 n., 68. 10 n.) and have even led scholars to suppose that it is taken from a different source, and by the large number of passages which imitate Demosthenes and Cicero. As Dobree observed (Adversaria Critica, 1. 349) 'omnia e Demosthene adumbravit'. Such similarities might be put down to a common stock of rhetorical commonplaces if it were not for L.'s known and demonstrable admiration for the two great orators. For a general treatment of the speech see R. Ullmann, La Technique des Discours, 56-58; also Soltau II 3, 169; Burck 48-50. For Roman knowledge of Demosthenes see P. Perrochat, Les Modeles grecs de Salluste. The Philippics and Olynthiacs were the most popular.

3. 65.

2

66. 1. Agrippa Furius: his filiation, in the absence of the Capitoline Fasti, is uncertain. Perhaps a son of the consul of 481 (2. 43. I). Cf. 5. 32. 1. 66.3. Aequi Volscique: the regular combination (ef. 2. 30 . 3, 63· 7, 3. 6 .4,57. 8,60. 1,4,4. 1. 4)· The only case of A. ac V. (N) is 9. 12 ne Aequi quidem ac Volsci where ne ... quidem makes all the difference. 66. 4. in ipsos verti: cf. Sallust, Or. Lepid. 19· occaecatos lupos: this refers to a slogan which enjoyed some currency between I 10 and 80. The Romans, jealous of their descent from Romulus and Remus, were proud to be known as lupi but the term could rebound. Cf. Justin 38. 6. 8 (Mithridates); Veil. Pat. 2. 27. 2 (Pontius). It will be a legacy of Sullan historiography.

3.67-68

Prooemium: principium a nostra persona et a re

67-68. The Speech of Quinctius Quinctius' speech is the first of L.'s full-scale rhetorical compositions and it is, in its way, a small masterpiece. After some experimentation in Books I and 2 in shaping his material L. hits on the idea of opening

67. 1. Quirites: 5. 6. 15 n. pudore: the argument resembles Demosthenes, Olynth. I. 27. in conspectum vestrum: N has a variant in contionem vestram introduced from ad contionem in 66. 6, which is the standard phrase (4. 6. I, 44. 22. I, 44. 45. 8). For in conspectum procedere ef. Plautus, Most. I 125. It is an archaic phrase which sets the tone for Quinctius, severissimus consul. traditum iri: 1. 7. 10 n. for the impressively weighty future pass. info vix Hemicis: no engagement between the Hernici and the Aequi and Vo.lsci has been mentioned, but it may be a purely rhetorical comparrson. 67. 2. ita vivitur: further examination of Ver. shows that it has precisely the same text as N, namely vivitu ..... atus and not as reported in the O.C.T. is status rerum est might seem redundant with it but the

5[6

517

446 B.C.

446 B.C.

phrase is unexceptionable linguistically (8. 13. 2)) and the two phrases do convey two distinct ideas, the atmosphere of Q.'s life and the general situation. The text should be kept. For the thought Weissenborn well compares Cicero, in Cati!. I. 3 I . 67.3. viri anna: for the juxtaposition cf. 2.40.2 n. Roma me consule: me Roma consule Ver., but there is no parallel for the separation of me and consule. satis honorum, satis superque vitae: a conventional disclaimer for which cf. Aeschylus, Agamemnon 1314 with Fraenkel's note but the immediate source was no doubt Caesar's famous satis diu vel naturae vixi vel gloriae (ap. Cicero, pro Marcello 25).

therefore, to accept ,\'s iniquos against the archetype. In the rest of the sentenceplebi must be dative (cf. 22. 1. 17,27.37.10). It is hard to see whom Quinctius has in mind; perhaps Tarpeius and Aternius. The repetition of vidimus after videbamus is harsh, particularly since they must bear different meanings ('saw' and 'witnessed'). ~arant's sivimus, conjectured independently by Housman, is a great Improvement. 67. ~O. ecquando ... licebit?: picks up 66.4. The thought is again conventIOnal (cf. 4· 4· 10,5·5,2.44· 9, 24. I), recurring in D.H. 6. 36. I, 88. I, and in [Sallust], Epist. 2. 10. 8. It goes back to Greek political thinking, in particular Thucydides 3. 82-83 and Demosthenes. 67. 11. Esquilias videmus: N has Esquilias quidem with submovit as main verb ..The resulting zeugma is intolerable. One can repulse assaulting Volsclans but not a captured suburb. Ver. actually reads Esquiliasq' vid . ... , that is Esquiliasque vid[!?mus] , thus confirming Harant's emendation. For the idiom cf. 2. 59. 2.

3. 67·

2

Tractatio: (a) dignum 67. 4. nos consules an vos Quirites: the argument that if the fault rests with the generals they should be replaced but ifit rests with the people they should reform owes much to Demosthenes, Olynth. 2. 28-31, the language something to Cicero, in Cati!. I. 3. 67. 5. ignaviam .. . virtuti: a variation on Demosthenes, Phil. I. I I. 67. 6. discordia ordinum et: 2. 44. 8, evidently a Republican commonplace but the thought can be traced back e.g. to Demosthenes, Phil. 3. 2 I. Madvig's emendation of est to et, confirmed subsequently by Ver., eliminates what would otherwise be an irrelevant generalization where we expect a specific reason for Aequan optimism. The resulting antithesis between illis (Clericus) and urbis huius underlines the point and suggests that the emphatic order urbis huius is preferable to the normalized huius urbis. According to A. Fischer (De Usu Praenominum, 1908) the incidence of postponed hie is 12: 45 I. (b) aequum 67. 7. pro deum fidem: An archaic exclamation (Ennius, Sat. 18 V.; Terence, Andr. 237) used only here and 44. 38. 10 and avoided by Sallust and Cicero who prefers p. d. hominumque fidem (cf. Orator 155). It invariably accompanies a question and introduces a new point. Quinctius passes to consider whether Roman behaviour is reasonable. For the form of the subsequent argument cf. 4. 4. 2; Cicero, in Pisonem 15. 67. 9. videbamus iniquum: 'although we saw that it (i.e. the election of consuls with plebeian leanings) was unfair to the patricians'. There is as yet no suggestion in L. that plebeians were actually elected to the consulate, only that men with plebeian sympathies were. According to L. the first plebeian consul was in 367 (6. 42. 9) although in fact the presence of plebeian names in the early Fasti suggests that the rigid exclusion of plebeians only began after the Decemvirate when such distinctions were for the first time formally fixed. There is no need, 5 18

(c) utile 68. 1. ubi: Doering alone observed the awkwardness of ubi. It must mean 'when' not 'where', but the sense requires 'seeing that' which ubi cannot convey (Kuhner-Stegmann 2. 359 f.). iisdem presumes a correlative-'the same spirit as you showed in besieging the Senate' -and ubi should be altered by a slight change to quibus (the loss of q may be associated with corruption of videmus to quidem). As often, the same idiom occurs in close proximity (59. I). The siege of the Senate, not elsewhere mentioned, is a legitimate exaggeration. 68. 2. incensa passim tecta: p. i. t. Ver. but logic insists that passim belongs to incensa notfumare. 68. 3. in quo statu: the presence of in misplaced in U indicates that To originally had it but that at an early stage it was eliminated. Taken with the joint authority ofVer. and 7T the evidence is enough to establish it as the reading of the archetype. It can be accepted; cf. 37. 53. 6,

38. 5. 6;- 8. 1. nuntiabantur: if the farms have been burnt the news will already have reached the unfortunate owners. What lies in the future is the question how they are going to restore the damage. The imperfect is more appropriate that N's future. 68. 4. 'Words are no substitute for actions.' The argument is familiar from Demosthenes; cf., e.g., Phi!. 2. 3-5. ut contionum in the O.C.T. is a misprint for et contionum. re fortuna: for text see C.Q. 9 (1959), 282. 68.6. Notice the combination ofa complex, long sentence describing the fullness of past glories, and bare statement of their present plight.

446 B.C.

446 B.C.

(d) necessarium 68.7. haerete: 21. 35.12; cf. Seneca, Contr. 7. 7.4; Val. Max. 2.1. 9. sequitur vos necessitas: cf. Demosthenes, Olynth. I. 15 170.\.\«1 Kat Xa.\E17«1 cJjJJ OUK i{3ov.\6j.tE()' VaTEpOJJ EtS aJJaYK7]JJ ;'\()Wj.tEJJ 170tEtJJ Kat

maintained unless the governing class learnt to subordinate their personal ambitions to the general interest of the state, a lesson which Quinctius expressed in his speech. The people had now to be taught by experience the same lesson. The acceptance by the governing class of restraint was rewarded by victory over the Aequi and Volsci but the undisciplined character of the people was symptomatized in the Scaptius Affair. So the two incidents which round off Book 3 cohere together-victoriam honestam turpe iudicium populi deformavit. Historically there is no substance to the events of the year. See Burck 50-51; Hellmann, Livius-Interpretationen, 46-58; Klotz 271. 69. 2. telum acerrimum: 55. 3 n. 69. 3-5. dignam . .. dignam ... dignam: observe the fulsome rhetoric with which the Senate greets Quinctius' speech. Cf. Verr. 4. 65, 5. 184; for bellum propulsari cf. Cicero, Catil. 4. 22; Phil. 3· 3. 69. 4. per proditionem: Valerius and Horatius. acerbe tuendo: Ap. Claudius (2. 27. I). 69. 5. communem patriam: 66. 4, 67. ro. 69. 6. cum consules in contione pronuntiassent: for the text see C.Q. 9 (1959),271. causas cognoscendi: 4. 26. 12 n. 69.8. exaerario: 4.22. 1,7.23,3. This could bean archival notice. The aerarium was situated in the temple of Saturn (2.21. 2) which already existed and the name aerarium implies the use of bronze as a currency medium which was assumed by the Twelve Tables and was perhaps a reform of Tarpeius and Aternius. The function of the quaestors as financial officers is also a likely consequence of the Decemvirate (2. 41. I I n.). At a later date when armies were stationed largely abroad the storing of standards in the treasury would obviously have been impracticable. See Karlowa, Rom. Rechtsgeschichte, I. 25 8 . quarta: i.e. about ro a.m. The hasty mobilization of Rome may be inspired by the resistance to Marius and Cinna in 87. 69. 9. hostem in conspectum dedit: 9. 27. 4, 30. 12. 8, a military phrase to build up the atmosphere of battle. Cf. Bell. Hisp. 4. 2, 39. 3; Cicero, Verr. 5. 86; also Ennius, Ann. 48 Vahlen and Terence, Phormio 261.

3· 68·7

KtJJSVJJEVaWj.tEJJ 17Ept nVJJ iJJ aUTij Tij X6JPf!.

grave erat: 'it was irksome' (Fletcher, Latomus 20 (1961), 91 with parallels) . Capitolium scandet: 4. 2. 14, 45· 39· 2; cf. Horace, Odes 3. 30. 8-9 dum Capitolium scandet cum 'tacita virgine pontifex. The similarity of the language may go back to a common religious source, perhaps the details of processions whether triumphal or pontifical, or, since both passages have in the background a premonition of the Fall of Rome, a prophecy circulating under the late Republic that foreboded the end of Rome (Fraenkel, Horace, 303). 68. 8. domi mulierum: cf. Homer, Iliad 20. 251-5, especially 252. The sedentary quarrelsomeness of women quickly became proverbial (cf. the passages collected by Headlam on Herodas 1.37) but the thought that enjoyment of present peace is shortsighted is always uppermost in Demosthenes' mind (cf. Olynth. 1. 15). 68.9. his ego gratiora dictu alia esse scio : a frequent apology by orators and a commonplace already for Aeschylus. Fraenkel gathers some early examples in his note on Agamemnon 620--2. Add, from Demosthenes, Olynth. 2. 21; Phil. 1. 51; 3. 63.

Conclusio 68. 10. adsentatores: the distinction between the adsentator and the statesman was a favourite of the schools (cf. Cicero, Topica 83) and is treated at length by Cicero in the Laelius 95-98. The picture of unscrupulous individuals making capital out of the perils of the state was drawn by Demosthenes (cf. Chers. 66-67). 68. 11. malae rei se quam nullius: cf. the arguments of Alcibiades in Thucydides 6. 89. 17POTP017~

68. 12. antiquos mores: Quinctius recalls to the Romans the majestic claim of Ennius-moribus antiquis res stat Romana virisque.

69-72. War with the Aequi and Volsci: the Scaptius Affair Moderatio is not enough. The governed as well as the governing classes have to exercise restraint (modestia). The final section of Book 3 strikes a pew note which is to become the dominant theme of the following book. The Decemvirate had taught Rome that libertas could not be 5 20

3.69-72

The Battle with the Aequi and Volsci The description of the battle is schematized. First the cavalry engagement is related and then the fortunes of three divisions of the infantry are followed through in turn. To achieve the smooth transition from one scene to another L. twice employs a favourite technique, the dispatch of a messenger to the locality where the next operations are to be described; see Witte, Rh. Mus. 65 (19 ro), 270 ff. ; 52!

446 B.C.

446 B.C.

P. G. Walsh, Rh. Mus. 97 (1954), 112-14. The combats themselves are divided into stages, the initial repulse, the rally, the final victory, and the interest centres on psychological rather than technical issues. The whole is leavened with a smattering of military jargon to give it verisimilitude. See Plathner, Die Schlachtschilderungen, 11-13· 70. 1. quod . .. est: to be taken with summa imperii . .. erat. Unity of command is essential for the conduct of vital matters. The generalization is traditional; ef. 4. 3 I. 2; Homer, Iliad 2. 204; Thucydides, 6. 72. 4. There may be an allusion to the status of M. Agrippa in 28 B.C. communicando: 'by sharing his plans and his honours and treating him as an equal although in fact he was not'. consilia laudesque make an odd pair (no example quoted by Gudeman in Thes. Ling. Lat.) and I suspect with H.]. Muller that another gerund has dropped out, e.g. participando; cr. 2. 52. 8. See Tacitus, Agr. 8. 70. 2. Sp. Postumio Albo: 4· 25. 5 n. P. Sulpicium: 10. 5 n. 70. 6. conficerent: I. 25. 10, a strong word to match Sulpicius' resolution. Cf. Donatus on Terence, Eun. 926 proprie (conficere) convenit gladiatoribus qui gravissimis vulneribus occubuerunt. Used in this sense by the less sophisticated military writers, e.g. Hirtius, B.G. 8. 23· 5; Bell. Alex.

the text may be sound but the analogy for it must have come from victoriae compos (9. 43· 14, 29. 10. 8; VeIl. Pat. I. 10. 3, 2. 96. 3; Val. Max. I. I. I). praedaeque ingentis? 70. 15. The panegyric of Valerius and Horatius sounds excessive and tendentious. The hand of Valerias Antias may lie behind it.

3.7 0

53· 3· . ' resistere quibus sibi: editors follow the single testimony of'\ and prmt resistere sibi quibus, taking quibus to refer to sibi: 'the Romans who had forced the massed phalanx of the Aequan infantry to yield'. With N.'s word-order which allows sibi its natural position (I. 13. 2 n.) quibus = illos 'the Aequans could not resist whose infantry already had yielded to them (the Romans)'. 70. 7. haud surdis auribus: 24. 32. 6, 40. 8. 10. 'His words did not fall on deaf ears.' impressione una: 2. 30.13,4.28.6,8.9.3,25. 37· 13. A military term; cf. Bell. Afr. 78. 3; Hirtius, B.G. 8. 6. 2; Vegetius 3· 15: corifodere; another word avoided by Cicero but patromzed. by military historians, e.g. Sallllst, Catil. 60. 7; Nepos, Pel. 5· 4; Frontmus 2. 5· 33· . 70. 10. Agrippa's exploit is one of those nameless legends s? readily incorporated into history. Frontinus preserves three other mstances of it: Servius Tullius (2.8. I), T. Quinctius Capitolinus (2.8.2), and M. Furius Camillus (2. 8. 4). Of the present incident Frontinus writes: ' signum militare ereptum signifero in hostes Hernicos et Aequos misit', thus confirming Duker's arrepta. 70. 13. praeda ... compotem: the abl. (other than animo) only here, except for Accius 36 R. and a few debased inscriptions which give voto compos for voti compos. The phrase is evidently mock military and as such 522

3· 70. [3

The Scaptius Affair The arbitration between Ardea and Aricia cannot be credited either in general or in detail. A glance at the map shows that the land in dispute must have comprised part of the later Tribus Scaptia since the tribe was centred on Velitrae and the town of Scaptia which lay some 16 miles from Rome (Festus 464 L.). The tribe was not formed until 332 and no other Scaptius is known before the first century. It follows that the story that the land really belonged to Rome must have been propaganda in circulation between 338 when the confiscations after the Latin War took place (8. 14. 9) and 332. That it is mere propaganda is confirmed by Cicero who tells an identical anecdote about Nola and Neapolis (de Officiis I. 33). Nor is the treaty with Ardea in 444 any more secure (4. 7. 10 n.) The only certain detail is the colonization of Ardea (4. I I. 5 n.). Many reconstructions ofhow the history was built up have been advanced as, for example, that the treaty belongs to a much later date, but was placed in 444 to account for the troubles and subsequent colonization of Ardea and the Scaptius Affair inserted to account for the treaty (Sherwin-White). Such reconstructions do not, however, allow for the fact that the treaty was a discovery of Licinius Macer's while the Scaptius Affair must be a much earlier element in the story and is derived, here at least, from Valerius. The second-century version will have contained Scaptius, the capture of Ardea by the Volsci, recapture, and colonization. The only improvement on that was Licinius' addition of the treaty. That the Scaptius Affair itself is an invention of the late fourth century is confirmed by a secondary consideration: Scaptius claimed to have fought at Corioli. If that implies acceptance of the traditional date for Coriolanus, we know that the Coriolanus saga was taking shape at very much the same time, the end of the fourth century (2. 33. 4 nn.). In other words the two anecdotes hang together and have a roughly contemporary origin. L.'s treatInent balances Scaptius against the consuls. Each side gives its reasons in answering speeches, presented in or. obl. and expressed in the language of late Republican politics. See also L. R. Taylor, Voting Districts, 53; Sherwin-White, Roman Citizenship, 25-26; Munzer, R.E., 'Scaptius'.

71. 2. Aricini:

I.

50. 3 n. Ardeates: 52 3

I.

57.

I

n.

3· 7 1 • 3

446 B.C.

446 B. C.

71. 3. concilio populi: not a concilium plebis but an assembly of the

hoc . .. hoc . .. hoc . .. hoc . .. hoc, delete esse (Gronovius, de Pee. Vet., 4· 9) or emend to sed (Alschefski) 'Scaptius will be famous by this memorial'. For darum ... imagine cf. I. 34. 6 nobilem una imagine Numae esse. (2) If hoc is right the corruption will be deeper. Bayet's lacuna «et dignum») gains nothing and explains nothing, but the text could be rewritten to give the sense 'this will be a fine death-mask for Scaptius', e.g. daram hoc jore imaginem Scaptio. I have little doubt that the truth lies with the former. The chiastic Scaptium X populum should make both the subject of their sentences, and the antithesis is sharpened by the simple deletion of esse rather than by its emendation to sed. For the interpolation of esse cf. 3. 2. 3, 4. 27. 2. 72.6. Scaptius: to be retained.

whole people meeting by tribes, and presided over by the consul

(2.58. 1 n.). 71. 5. reguntur ... regunt: a familiar epigram deriving from Thucydides 2. 65. 8 Kat OUK ifY€TO JLaAAov InT' aUTof} (sc. the people) ~ aUTOS 7JY€; cf. Sallust, Jug. I. 5. See the Introduction p. 17. 71. 6. infit: I. 23. 7 n. annum: CorioIi fell in 493 (2.33.5). It is now 448. IfScaptius had begun to serve at the minimum age of seventeen, he would have been thirty-seven, i.e. have served twenty years. 71. 8. exiguum vitae tempus superesse: for the pathetic touch cf. Fronto 83. 12 van den Hout. 72.1. jlagitium: withjacinus below, cf. Cicero, in Cati!. I. 13, I. 18, and other examples in Thes. Ling. Lat. s.v. jacinus, 82. 10 ff. 72. 2. tribus: it would not have been much use to address themselves solely to the tribunes (N) and Perizonius's correction restores a cliche (8. 37. 9; Suetonius, Augustus 56). 72.3. jamae .. .fidei: cf. SallustJug. 16.3; Cicero, ad Atticum 1I. 2. 1 ; ad Fam. 13. 10.2. 72. 4. contionali seni: 'an old babbler in the assemblies'. The insult is feeble and not strengthened by Dutoit's reference to Cicero, ad Atticum I. 16. II and ad Q.F. 2. 5. I (Hommages d L. Herrmann, 335). Should we not follow a clue disclosed by Sigonius and read comptionali? The senex co(e)mptionalis was an old slave who was used in sham sales and hence became proverbial for a worthless and venal slave. So Curius (ad Fam. 7. 29. I) 'sum enim xp~aH JL~v tuus KT~aH 8~ Attici nostri: ergo fructus est tuus, mancipium illius; quod quidem si inter senes comptionales venale proscripserit, egerit non multum'; Plautus, Bacch. 976; Thes. Gloss. (= Vat. Lat. 332 I ; from Festus) contemnalis senex: emptus, manumissus et tutor, auctor jactus. The sneer of venality is much more to the point. darum hoc jore imagine Scaptium esse: the Roman people are going to have to wear the mask, i.e. have the character, of double-crossers (for quadruplator as a political term of abuse cf. Cicero, VerI'. 2. 22; Plautus, Pers. 70) and profiteers (4. 50. I). Scaptius' reward is badly corrupt. The contrast with persona leaves no choice but to take imagine to mean the death-mask, which noble Roman families preserved generation after generation (58.2,4. 16.4). If so, all intertations which start from imagine as 'statue' or 'reflection' can be ruled out. Equally since Scaptius is still alive and the death-mask will be his, the future (fore) is required and Humanist conjectures founded on jorte ... esse can then be dismissed. Two alternatives appear to be open: (I) regarding hoc as an assimilation of hac to the preceding 52 4

525

3. 72 • 4

445 B.C.

BOOK 4 BOOK 4 covers nearly fifty years and bridges the period between the Decemvirate and Rome's first great wars, against Veii and against the Gauls. Such a long period is unsatisfactory to handle, particularly since the material at L.'s disposal from the Annales is much fuller than hitherto. As was his practice, he constructed a series of episodes which would break across the vertical succession of scrappy and isolated facts. The story of Canuleius is followed by the fate of Sp. Maelius and the heroism of A. Cornelius Cossus but the latter half of the book is less coherent and might suggest that L. was overwhelmed by the wealth of disconnected detail and abandoned the attempt to unify and co-ordinate it. The impression given by chapters 21-61 that L. has been content simply to retail his sources is confirmed by the absence of a long speech at the end to round the whole book off, as Canuleius introduced it. As a substitute he is content to recall various phrases and passages from Canuleius' speech (56. I I no) to achieve the same purpose. So, too, the theme ofmodestia which is foreshadowed in the closing chapters of Book 3 and plays a prominent part in the first half of Book 4 wanes when the annalistic details begin to crowd thick and fast. The need to compress the history of fifty years into a single book in order to deal with Veii and the Gauls in the final book of the first Pentad forced L. to give up more ambitious schemes of literary presentation. As a result, the book, particularly the second half of it, although full of historical curiosities, is less exciting than its predecessor. The refrain is modestia-moderatio, the necessity for give and take. The agitation over conubium was inspired by the stand-offishness of the patres; the compromise by which the consular tribunate came intoo being but only patricians were elected is a signal example of modestza (6. 12); the settlement of Ardea was largely the work. of Quinctius whose fairness iura infimis summisque moderando made him a byword (10. 8) and a splendid contrast to the opportunist and ambitious Sp. Maelius (13, 4). But moderatio applied in the military sphere as well. The jealousies of generals spell defeat (26. 7), the single-minded devotion of Mam. Aemilius to the call of his country brings victory (3 I. 5). But if generals must exercise self-control to be victorious, it is equally necessary that the soldiers should be loyal. The story of Tampanius is an (exemplum) non virtutis magis quam moderationis (4 1 • 7) while the fate of C. Sempronius was a stern lesson (44. 9) and that of M. Postumius deserved and salutary. Co-operation is the only hope.

4 01 - 6

The plebs entrust the quaestio Postumiana to the consuls: the consuls in turn exercise moderatio in their handling of it (51. 3). Finally, in the political struggles that close the book, struggles over ager publicus fought out in the elections and the levies, the true example is preached by Servilius Ahala (57. 3, 'quem enim bonum civem secernere sua a publicis consilia') and practised when the patres voluntarily concede pay to the troops, thereby earning favorem unica moderatione partum (57. 12).

1-6. Canuleius Two issues dominate the first section of the book, the demand that plebeians should be eligible for election to the consulate and the proposal that there should be a recognized right of conubium between patricians and plebeians. Both are associated with the name of the tribune C. Canuleius. The first is demonstrably political invention by Licinius Macer to supply background for his interpretation of the institution of consular tribunes (7. I n.). The second is likely to be historical and together with the name of Canuleius to have been preserved in the Annales as the only authentic notice for 445. The right of conubium is not the possession by an individual of certain legal requirements necessary for contracting marriage. It is rather a common relationship which unites and constitutes a community. As such, conubium is parallel not subordinate to civitas. They are separate and distinct rights both of which determine homogeneous communities. To be a Roman citizen does not entail the right of intermarriage with other Roman citizens and to enjoy the right of intermarriage does not entail citizenship. In practice the two became identified, but in law (Gaius I. 56) and in origin they were widely distinct. The early history of Latium shows that there existed among the upper classes ofLatin cities a tradition ofintermarriage. Tarquinius Superbus married his daughter to Octavius Mamilius of Tusculum (I. 49. 9), as in later times Rome attempted to secure the adherence of Capua by marriage ties with leading Capuans (3 I. 3 I. I I). Unlike citizenship intermarriage naturally did not extend to the lower classes. There was no legal bar as such but sentiment and religion-Roman gentes were as proud as Scottish septs-formed an adequate obstacle. At Rome the patrician community which recognized marriage among its own members and certain privileged Latin aristocrats became during the first fifty years of the Republic increasingly exclusive until it was possible for the Decemvirs in codifying the unwritten laws to regard intermarriage as a matter of right and not merely of convention. So it was defined in the Twelve Tables: ut ne plebei cum patribus (conubia) essent, inhumanissima lege sanxerunt (Cicero, de Rep. 2. 63). As S::lon as the restriction was codified, the underprivileged,

4.

1-

6

445 B.C.

445 B.C.

the plebeians, were bound to protest. The Lex Canuleia, a negative measure designed not to promote intermarriage but to prevent the prohibition of it, was inevitable. But at no time were the citizen-rights of the plebeians ever impugned. L.'s version of the struggle obscures the issue. Canuleius' speech tends to identify civitas and conubium and in blurring the two betrays the same radical tendency which fathered the proposal to make plebeians eligible for the consulship on Canuleius. The immediate source is Licinius Macer, for L. abandoned Valerius at the end of Book 3, as is clear from several inconsistencies. Hos secuti (4. 1. I) refers to the consuls of 446 who have not been mentioned by name since 3. 66. I nor referred to since 3. 72. 1. In 4. 1. 4 the Ardeates are said to descisse: no treaty is referred to in 3. 71. 2. 4. 6. 7 talks of a foedus ictum between plebs and patres of which there is no mention in the previous book. And there are others (3. 12, 7. I n.). But L. has worked over the material. In particular the careful opposition between the arguments of the patricians and of Canuleius is characteristically Livian (see Hellmann, Livius-Interpretationen, 6 1-63). On the problems of conubium see Bayet, tome 4, 126-32; Volterra, Studi ... Albertario, 2. 349 ff.; De Visscher, R.I.D.A. I (1952),401-22; Studi .. Paoli, 246-7; on the sources see F. LUbbert, De Fontibus Libri 4 Observationes; Soltau 164-72; Klotz 271-2; ].R.S. 48 (1958), 40-41; on L.'s presentation Burck 89--92. The source used by D.H. is closely related but evidently later since he names the dissentient tribune, who is anonymous in L., as C. Furnius (I I. 53. I), under the influence of the career and oratorical repute of the tribune of 50 B.C. Remarkably D.H. omits the proposals of Canuleius on conubium, perhaps because they were too technical to be made intelligible for a Greek audience, but his divergent treatment of foreign affairs (54 ff.) and of the consular tribunate (60) indicates that the differences are not to be accounted for simply by the differing aims of the two historians. 1. 1. hos secuti: the pronoun hic is used on ten occasions to make the connexion between books (cf., e.g., 7.1. 1,9.1. I) but nowhere except here does 'a form of hic referring to definite words reach back more than a few lines' (Nye, Sentence Construction, 135). hos = M. Geganius and C. Julius (3.66. I). M. Genucius: if the text and tradition are sound he will be a brother of the consul and Decemvir of 451 (3. 33. 3 n.). The Genucii were plebeian and there is little evidence of them before the end of the century, so that Mommsen (Rom. Forschungen, I. I I I) doubted the authenticity of the entry in the Fasti-perhaps rightly. C. Curiatius: the praenomen is given as P. by L. here but C. at 7. 3, raws by Zonaras (7. 19, from L.), and D.H. 11. 53. 1. P. is probably 528

4.

I. I

th,e usual corrupti~n for p(roprium nomen; 2. 15. In.). )1YP{7T7Tas in DlOdorus I~. 23. I IS repeated from Agr. Furius of the previous year. T?e nomen IS less secure. Curtius is transmitted by Diodorus, Varro (de Lmg. ~at. 5. 15 0 ), and Fast. Hyd. (Ko{vTLos in D.H.) but both here (CuratlUs) and ~t 7. 3 (~uriatius N Curatius Ver.) the longer form is ~ound and that It compnsed the vulgate reading ofL. at an early date IS corroborated by Cassiodorus' Curiacius. No help is afforded by the c~gnomen Philo (or Chilo), which is not adopted by another member ~Ither of the .Curti.i or the Curiatii (Curatii do not figure). Curiatius IS probably ng?t, m so far as being the name given by Licinius, and should be Ide?tlfied as a brother o.fthe Decemvir P. Curiatius (3. 33. 3) as M. GenuclUS was of T. GenuclUS. Both may be falsifications if the Curiatii are also plebeian (cf. 5. 11. 4; see above p. 76 ). ' nam anni principio: anni nam p. M. The order is invariably principio anni (FUgner, Lexicon, 1154. 15) and nam p. a. should be read here (Schmidt). C. Canuleius: the name is Etruscan (Schulze 15 2 n. 4) and there were Canuleii at Volsinii (C.I.L. II. 2748-50). Besides a M. Canuleius (? a son) mentioned in 44.6, the family occur in minor offices throughout most ofth~ Republic. C. Canuleius is known only by his law. The Vestal Canuleia (Plutarch, Numa ro) is tendentious fabrication. 1. 2. promulgarent: cf. D.H. 11. 53. 1. The bill anticipates the LicinioSextian rogations. 1. 4. ob iniuriam: cf. Caesar, B.G. 3. ro. 2 with Meusel's note. descisse: 7. ro n., 9. I n. A previous treaty, unrecorded in Valerius' narrative, is implied. fremere: only wars, not rumours of wars, had their place in the Annales and the menace from Rome's three traditional enemies is certainly inserted .~nto the history to provide a suitable atmosphere for the debate. Vell had made a truce for forty years in 474 (2.54. I). Ap~rt from the present ambiguous activity, no hostilities by the yelentes are reporteduntil438 (17. I), when the treaty had nearly or, I~ the r~gu~ar chr~nology i.s defect.ive, actually expired. Any provocatIve raIds m the mtervenmg penod are, therefore, exceedingly improbable. The fortification ofVerrugo may have been recorded. The n~me (from verruca 'a wart'; cf. Cato ap. Aul. Gell. 3. 7. 6 locum edztum asperumque) suggests a commanding citadel of rock. It lay on the edge of the land of the Volsci and the Aequi and was within a nig?t's travel of Tusculum and in sight of 'the plain', presumably the plam bounded by Praeneste to the east and the Mte. Lepini (55. 8, 58 .3,5. 28. 7)· It must therefore have been one of the summits of the Alban Hills guarding the passage of the Via Latina through Algidus. Only one ofthe whole circuit ofpeaks resembles a wart (cf. the Scottish Bynac)-Maschia d'Ariano which is capped by a precipitous outcrop 8IH32

Mffi

44SB.C.

445 B.C.

of rock. A little way down the eastern slope an important seventhsixth-century cemetery has been found (Nordini, Noti;:.. Scavi, Ig34, 16g-75). The remains on the Acropolis itself are medieval or later, but the small church of S. Silvestro is likely to have taken the place of the temple of Diana mentioned by Horace (Odes 1. 21. 6; 3· 23· g; Livy 21. 62. 8) and some Republican sherds have been washed down the slopes. See also T. Ashby, P.B.S.R. 5 (Igro), 424; Tomasetti, Campagna Romana, 564 ff. ; Radke, R.E., 'Verrugo'. 1. 5. conticescerent: recalling the remark first made by Marius (Plutarch 28) and immortalized by Cicero (pro Milone I I ; ef. Lucan 1. 277) -silent leges inter arma. 1. 6. scivisset [et] : Pettersson retains et and takes vociferatus as an indicative not as participle, comparing for the ellipse 3. 14. 6, g. ro. 2, 10. 12. g.

4.1.4

2. 1. furores tribunicios: a favourite phrase of Cicero's ; cf., e.g., de Domo 103; Phil. I. 22. 2. 3. idett: the strict parallelism between cuius rei praemium ... , eam · .. semper and Romae praemium seditionum ... semper shows that the subject of honori fuisse must be not the reward but the activity which produced the reward. id et (H. J. Milller) or id (Madvig) is therefore impossible while ideo (Weissenborn) breaks the symmetry and is without authority, being attested by F alone. The conjecture seditiones (Mr. D. M. Last) is palmary. 2. 4. reminiscerentur: the general sense of the passage is that political agitation brings the greatest rewards at Rome and will continue to thrive so long as it does so. The plebs have everything to gain by organizing strikes since the reward of sedition is enhanced prestige

and position. What then are senators being asked to remember? Not surely the twin bastions of the Roman spirit, the enduring greatness of the patricians, and the increasing splendour of the plebeians. That, as Conway says, would be 'imposing but irrelevant': it could not be resumed by ergo. It would also be untrue. The rise of the plebs was at the expense of the patricians. The Senate must be being reminded that their greatness was being eroded by the plebeians and that there would be no end to the process so long as the plebeians had something to show for their agitation. There are also grammatical difficulties. The subject of auctiorem ... esse is not expressed. It cannot be maiestatem senatus since, by definition, the plebs would find nothing to be proud of in the growing greatness of the Senate and their whole behaviour is designed to reduce it. The subject must be se (the plebs) and since it cannot be understood, it must be replaced in the text (Sigonius). Further, as the text stands either ut or quemadmodum is redundant. ut is deleted by Porson and Madvig, as well as by earlier editors, or emended to et (Faber), tum (Rhenanus), an (Crevier), or vel (Bayet): quemadmodum is deleted by Lehner. But the corruption is probably deeper. The point is that the Senate should be ashamed at the diminished prestige which they are going to hand on to their children. This is an old commonplace (cf. Thucydides 2. 62. 3; Sallust, Jug. 3 I. 17; Catil. 5 I. 42) but we expect it to be made explicitly; for ut quemadmodum we might read deminutam dum (ef. 8. 34. 5; 63· ro). The metathesis is almost exact. The more radical remedies of transposition (Klockius, Conway) depend on a misunderstanding of the sense of the sentence. Tr. 'Let them recall the majesty of the Senate that they had received from their fathers and would pass on diminished to their children, while the common people could boast that they were becoming greater and more important'. finem ergo non fieri: 2. I I n. 2.5. perturbationem: 6.41. 4-12. Before the Lex Ogulnia of 300 only patricians could be augurs and even thereafter only patricians could hold the auspices. Hence when an interregnum occurred auspicia ad patres redeunt (Cicero, ad Brut. I. 5. 4). Since in early Rome no transaction of any kind took place without consulting the auspices, the distinction between publica and privata is anachronistic and belongs to the period after the Lex Ogulnia when plebeians by their membership of the religious colleges acquired a share in the control of those auspices which affected public transactions. But the patricians maintained an exclusive monopoly of the auspices for their own private affairs, in particular for the celebration of marriages (Plautus, Casina 86; Cicero, de Divin. 1. 28 with Pease's note). The consuls argue that since the auspices can only be held by patricians mixed marriages

53°

53!

The Debate in the Senate The consuls' speech, analysed by Lambert (Die Indirekte Rede, 23-4), is an elaborate exercise in indirect speech which corresponds effectively with the passionate and direct oration of Canuleius. Sophistry is balanced against emotion and the contrast is underlined by the variation between 0.0. and o.r. It has no counterpart in D.H. and may be presumed to be an original composition. Notice the repetitions (iam ... iam; sic . .. sic; ne quid . .. ne quid; dimidius ... dimidius; creet · .. creaturos; concessum ... concessum; concitent ... concitaverint; hostes · .. hostes), the antitheses (domi ... foris; plebis ... patrum ... tribunorum ... consulum; pace . .. bello; primo ... nunc; hunc ordinem aut illum magistratum; non plebi R. sed Volscis) and the chiasmi (ut ... temptasse ... rogari ut; concedendo ... postulando ; proditurum ... passurum ; scelus civium . .. hostium arma). The language and contents are as sophisticated as the clausulae (ef., e.g., 2. 5 nee suos noverit).

4.2.4

445 B.C.

445 B.C.

whose offspring could not validly be called patrician would in the end deprive Rome of anyone to hold the auspices. The argument is fallacious, for in law origo sequitur patrem (4. 12 n.). incontaminati: the word is rare being found only in Varro, de Ling. Lat. 9. 21 before the Christian period. It is used here to pick up contaminare sanguinem in I. I. As often such striking words are only at home in speeches where they provide a touch of verisimilitude. The meaning is 'non depravati miscendo' (G. ]achmann, Plautin. u. Attisches, 15 2 ). 2. 6. ferarum prope ritu: cf. 3. 47· 7 n. quorum sacrorum: 5. 52. 4; the gentes had special cults of their own (cf. Varroap. Non. 820 L.; Festus 284 L.: see Wissowa, Religion, 398 ff.). sit: parallel to ignoret, after ut. 2. 7. parum . .. iam: for this device cf. Cicero, pro Sestio 32 • accingi: 1. 47.3,28.41. 8. In the sense 'to gird oneself against' the word is rare and impressive. Avoided by Cicero, Caesar, and Sallust, it is used by L. only in reported speech which suggests that it sounded too strong or too poetic for narrative (cf. Terence, Phormio 318; Eun. 1060) . creet: et creaturos: the change of subject is remarkable-(populus) creet: (turbatores) creaturos-and unconstitutional since at all times it is the people who are responsible for creating consuls. The difficulty was seen and solved by Dobree-creet: [et] creaturus. 2. 8. ne . .. sineret: a pious prayer, cf. 28. 28. I I. regiae maiestatis imperium is the equivalent of regia potestas (8. 32. 3)-the annalistic myth that the consulate was evolved from the authority of the kings. eo recidere: cf. Cicero, Phil. 7· 27· miliens morituros: a favourite disclaimer of Cicero's; cf. ad Att. 7. 11. I, 14. 9. 2, 14. 22. 2; Phil. 2. II2. 2. 9. alia ex aliis iniquiora: with a comparative L. often uses the plain alia aliis, where the abl. is one of comparison (4. 26. 7, 29· IS. II, 35. I]. 3) ; M. Muller deleted ex. But here ex aliis goes closely with the gerund postulando as at 7. 39. 3 alias ex aliis fingendo moras. The T67TOS' that a policy of concession does not endear one to an electorate had been enunciated already by Plato in the Republic and by Demosthenes. 2. 11. finem non fieri posse si in: Conway's restoration is admirable and easy. The consuls have said earlier that there was no prospect of an end to the disturbances. They now conclude by denying the possibility of any end so long as the two opposed forces continue in the same state. audaciae temeritatique: see 2. 55. ro n. 2. 12. illine ut: -ne ut (or utne) introduces a 'repudiating question' in the subjunctive. Fraenkel (Horace, roo) writes on Sat. 1. 1. 108: 'This mode of expression is in keeping with the climate of a somewhat heated conversation; consequently the bulk of our evidence comes

from Plautus and Terence. But it is by no means alien to the language of Cicero and can even be found in speeches in Livy' (cf. 5. 24. ro). 'Horace, as is to be expected, uses it in the Epodes and Sermones ... but not in the Odes.' 2.13. proloqui: 'speak out' ; 23. 5.12,39. IS· 4, both speeches. The word, which occurs sixteen times in Plautus and five in Terence (cf. Afranius fr. 2 13), is avoided by the classical prose-writers, being found only in Sisenna (fr. ro8 P.) and the Bell. Aft· (35.3,44.4) before L. and Tacitus. See Kroll on Cicero, Orator 147. Its character is clear from its use. 2. 14. scandere: 3. 68. 7 n., the first of several echoes of Quinctius' speech which suggests that there was no great interval between the composition of Book 3 and Book 4. si patribus ... eripuerint: si has often been challenged (nisi Luterbacher; ni Madvig) or the punctuation been adjusted, because of the apparent absurdity of saying that consuls are ready to be leaders if the patres are demoralized. Whom then, it is asked, are the consuls to lead? But the emphatic position of patribus and consules shows that the text is sound. The patres ought to set an example of leadership, the consuls argue, but, if they are demoralized, the consuls at least will not fail in their duty. ni or nisi, with its implication that the consuls have not the courage to set an example unless they are backed up, weakens if anything the effect of the challenge.

The Speech of Canuleius Canuleius' speech strikes a more emotional and impassioned note. I ts frequent echoes of Quinctius' oration as well as its highly finished structure show that it is a free composition by L. himself. Licinius probably also gave Canuleius a speech, but, as in D.H., a short one before the Senate in answer to the consuls or to C. Claudius, and not, as here, before the people. There is indeed a considerable similarity to the speech attributed to Licinius Macer by Sallust, but much of the tone, the plea for moderatio (cf. Horace, Odes 3. 4. 65), the dream ofempire, and the judgement on discordia are thoroughly Augustan (4. 4 n.). It belongs to the genus duplex (Quintilian; for which see Ullmann, La Technique, 58-60), because it is concerned with two separate issues which are treated separately and in parallel. The language is flecked with characterizing touches proper to a tribune of the fifth century. The fame of the speech in antiquity was deservedly great. In particular its Claudian content commended it to the emperor Claudius who was indebted to it both for argument and for style. The extent of this debt has been analysed, e.g. by A. Zingerle, Kl. Phil. Abhandlungen, 1887, 51-52; F. Leo, Nachrichten von der K.G. der Wissenschaflen zu Gottingen, 1896, 193 n. 2; R. Syme, Tacitus, app. 40, 41; D. M. Last, Latomus 17 (1958),476-87.

53 2

533

4. 2.5

4.2. 12

4.3.

I

445 B.C.

445 B.C.

4· 3· 9

(b) iustum 3. 9. si dis placet: the exclamation is discussed most recently by Fraenkel, Studi Italiani di Fil. Class. 27 (1956), 123-4 who concludes

that it is 'nicht immer ein Ausrufpropter indignitatem alicuius rei' sondern auch, wie Plaut., Capt. 454, ein allgemeiner Ausdruck starken Erstaunens'. Here the note of indignation prevails. The exclamation is confined to Plautus and Terence and Cicero's early pro Sex. Roscio (102) and the sparing use of it by L. (6. 40 . 7, 38. 47· 3,41. 23· 7, 44. 22. 8) suggests that he keeps it for special effect. non ad fastos, non ad commentarios: the allusion again anticipates the reform of Ap. Claudius Caecus whose secretary Cn. Flavius (9· 46) was responsible in 304 B.C. for the publication of the Fasti and of the formulae of legis actiones. (Detailed discussion of these controversial measures may be found in Schulze, Roman Legal Science, 9 ff; Jolowicz, Historical Introduction, 88; see also H. S. Jones, C.A.H. 7. 533-4.) Since commentarii were procedural handbooks (I. 60. 4 n.) and since the pontifices were intimately concerned with private law in so far that questions of legitimacy and inheritance affected the maintenance of sacra privata, the formulae of legis actiones would have been contained in the commentarii. For Licinius' interest in Flavius see fro 18 P. 3. 10. enunquam: 9. 10. 5, 10. 8. 10, 24. 14. 3, 30. 21. 8. An interrogative (= ecquando Paul. Fest. 66 L.), which should be printed as one word. Its usage (Plautus, e.g. Cist. 86; Rudens 987, I I 17; Terence, Phormio 329; Virgil, Ee!. I. 67, 8. 7) suggests that it was a colloquialism (Hofmann, Lat. Umgangsprache, 35). Numam: I. 18-2 I n.; ef. I. 17 n. 3. 11. L. deinde Tarquinium: I. 34. 1-2 n. 7T has modo Romanae for R. m. which induced Conway to delete modo and L. Herrmann to read non modo (non) R. (Latomus 6 (1947), 262) but the authority of MA shows 7T'S order to be eccentric and the examples of non modo for non modo non, collected by Drakenborch at 25. 26. I I, suffice. Cf. I. 39· 5· 3. 12. Ser. Tullium: I. 39. 5 n. patre nullo: 'whose father was a nobody'. de T. Tatio: I. 13.6-8 n. quid enim ... dicam? is a typically Ciceronian praeteritio (ef., e.g., pro Milone 75). 3. 13. eniteret virtus: ef. Cicero, pro Mur. 32; Sallust, Cati!. 54· 4. 3.14. Claudiam: 2. 16.4-5 nn. 3. 16. vir fortis ac strenuus: I. 34. 6, 3. 47. 2 n. the Roman equivalent of KaAos Kdya80 s with a significant concentration on military qualities rather than gifts of person. Cf. Plancus ap. Cicero, ad Fam. 10. 8. 5, Sallust, Cati!. 51. 16; Nepos, Dat. 7. I. It is possible that in origin it was a more definite term of Roman public law-the Foretes and Sanates of Festus (426, 474 L.). 3.17. ad gubernacula ... accedere: a Ciceronian metaphor (de Inv. I. 4; de Rep. I. I I). The whole passage with its emphasis on the virtues of the novus homo might easily have been penned by Cicero.

5:14

535

3. 1. adversus consules: but not in their presence.

Prooemium: (a) principium ab adversariis 3. 3. saepe . .. nunc: an old introductory formula commonly found in Attic speeches and illustrated by Fraenkel (Glotta 39 (19 61 ), 1-5); ef., e.g., Thucydides 3. 37. I (Cleon) 7ToAAUKlS fLi.v ~131] EYWYE Kat aAAO'TE EYVWV • • . fLuAwTa 8' £V Tfj VVV • . . fLETafLEAElq,. cives nos eorum: 'we are their fellow citizens'. (b) principium ab re 3. 4. finitimis externisque: I. 49. 9 n., but externis is anachronistic since there is no earlier example than the Campanians in 23· 4· 7· hostibus etiam victis: Claudius took the reference to be to the enfranchisement of the Sabines by Romulus (Tacitus, Annals I I. 24. 6). Cf. I. 13. 4. But it would also apply to the Albans enfranchised by Tullus (I. 30. I) and the Latins by Ancus (I. 33· 5)· Tractatio I: (a) dignum 3. 6. caelum ac terras misceant: 'turn the world upside down', a colloquial proverb found also in Juvenal (2. 25, 6. 283) and Lucian (Prometheus 9). See Otto, Sprichworter, s.v. 3. 7. dignus: under the late Republic the right of standing for office was not denied: candidature was a question of dignitas (Wirszubski, Libertas, 53). apiscendi: 44. 25. 2 (reflections of Eumenes). apiscor is a rare word found in early Latin at Sisenna fro 94 and in Cicero's letters before being taken up by self-conscious writers like Pliny and Tacitus. It has an archaic flavour which suits Canuleius' style. See C.Q. 9 (1959), 277 against Gries, Constancy, 82. libertinum: ef. Tacitus, Annals I I. 24. 7; Suetonius, Claud. 24 on the adlection by Ap. Claudius Caecus of libertinorum filii to the Senate (9.46. 10; see A. Garzetti, Athenaeum 25 (1947), 190 ff.). The allusion is again anachronistic. If its origin antedates L., it is probably a confused reference to Caecus' activities or a Licinian jibe at Sulla's supporters (ef. H. Hill, C.Q. 26 (1932), 170 ff.). But there may also be a contemporary sneer against freedmen whose power in 32 B.C. was feared and unpopular (Syme, Roman Revolution, 284; cf. Dio 50. 10·4)· 3. 8. lucis ... indignantur: an old T07TOS, used, for example, by Cicero, pro Sex. Rose. 72 (ef. Quintilian 12.6.4); Dee!. min. 299·

445 B.C.

445 B.C.

(c) legitimum 4. 1. at enim: 5. 9. 3 n. nullane res nova institui debet: the argument that there must always

on by the Emperor Claudius and retailed in his Gallic speech, from where it found its way to Suetonius (Tib. I gens Claudia in patricias cooptata). The two cases are given in I. 30. 2 and 2. 16. 5 where see notes. sinceram: picking up 2. 5. enubere: N had ecnubere; for the form see Burckhardt in Thes. Ling.

4· 4·

I

be a first time for everything is a commonplace and is even employed by Critognatus in recommending cannibalism (Caesar, B.G. 7. 77. 13). 4. 2. pontijices: I. 20. 5 n. augures: I. 18. 6 n. Canuleius neglects the tradition that the augurate was as old as Romulus. census: I. 43 n. 4. 3. consules: I. 60. 4 n. dictatoris: 2. 18. 4 n. tribuni plebi, aediles, quaestores: 2. 32. In., 3. 55. 13 n., 2. 41. lIn., 3. 69. 8 n. 4. 4. in aetemum urbe condita: ef. 28. 28. I I (Scipio). Canuleius ends the first half of his speech with a glorious assertion of Rome's immortality. The history of the idea is of interest: latent at the very end of the Republic (ef. Cicero, pro Marc. 22) it first appears in Tibullus (2. 5. 23) and Virgil (Aeneid I. 276-9) and taken in conjunction with the present passage (cf. 6. 23. 7) must have formed part of Octavian's early propaganda after Actium. The early evidence is assembled by M. P. Charlesworth, Harv. Theol. Review 29 (1936), 122-31; see also Syme, Tacitus, 208 and n. I; Koch, Religio, 168 and n. 48. The order is condita in aetemum, crescente in immensum. Does nova imperia allude to the startling innovations brought about by Augustus' constitutional settlement in 28-27 B.C.? (Syme, Harvard Studies in Class. Phil. 64 (1959),47; against, Walsh, Proc. Afr. Class. Ass., 1961,26-35).

Tractatio II: (a) dignum

4. 5. pessimo exemplo publico: 3. 72. 2, 4. 13.

I. pessimo exemplo 7T.\. Klockius conjectured pessimo publico, a familiar phrase (,valde blanditur' : Gronovius) but one which is repetitious with summa iniuria plebis and untrue since the harm was confined to the plebeians. It is as a precedent for a policy of segregation that it is dangerous to the state as a whole (ef. Cicero, de Leg. 3. 32 plus exemplo quam peccato nocent). insignitior: elsewhere contumelia insignis (e.g. Terence, Eun. 77 I ; Cicero, de Leg. Agr. 2. 54; Suetonius, Julius 79). 4. 6. immisceamur: ef. Tacitus, Annals 4. 40. I I. Like intermiscere it conveys a suggestion of debasement. 4. 7. cooptationem implies that patricians could co-opt families at will into their body but that is certainly erroneous (Mommsen, Staatsrecht, 3. 3 0 n. I). The decision would have rested with the comitia curiata. The choice of the term may, therefore, reflect legalistic controversies of the last centuries of the Republic. Or it may simply be misunderstanding by L. himself, to which he is prone. If so, it was seized

53 6

4· 4· 7

Lat. S.v. 4. 8. nemo: Canuleius alludes to the story of Ap. Claudius and Verginia.

(b) iustum 4.9. verum enim vero: 24· 5· 2, 29· 8. 7, 31. 30. 4, 36. 40. 4, 37. 52. 8. The very strong particle, used by Sallust (Catil. 2. 9, 20. 10), and Cicero (Verr. 3. 194), serves to introduce the new section. 4. 10. sub . .. vincula conicitis: only metaphorical here and only with sub here. The usual in v. c. (3. 13. 6) required variation to carry the metaphor. duas: 3. 67. 10 n. 4. 11. cur non sancitis: for the same appeal to absurdities c£ Cicero, de Leg. I. 44. ne ... nec: the structure is (i) ne ... , (ii) nec eodem . .. idem . .. eodem, and therefore nec is correct, linking the second main clause, which is itself subdivided into three, to ne vicinus sit. For ne ... nec = ne . .. neve cf. 3. 2 I. 6, 5. 3· 8, 26. 42. 2, 40. 46. 4; see E. B. Lease, Class. Phil. 3 (1908), 313. The examples which Canuleius gives are hackneyed, and seem to be as old as the Old Oligarch. immutatur: preferable to the plain mutatur, because it is the legal terminology; c£, e.g., Ulpian, Dig. 45· I. 52, 46. 5. I. 10 et al. 4. 12. nempe: the drift of Canuleius' argument is that to recognize conubium would not involve any consequential changes in the law since the children of such marriages would automatically take the status of their fathers. If the father was patrician, the son would be also and vice versa. Mr. W. A. J. Watson points out to me that this begs the whole question. It is only children born in iustae nuptiae (i.e. marriages sanctioned by conubium) that take the status of the father. The children of other marriages take the status of the mother (Gaius I. 76-96). (c) legitimum

5. 2. velit, iubere:

I. 46. I n. vocare: in the c. tributa the tribes were called successively to vote (U. Hall, Historia 13 (1964), 276). 5. 3. quid si non: the idiom has been overlooked; even Porson and Madvig emended it to quasi non (ef. AuI. GelI. 9· 9. 14). As Mr. G. W. Williams discussing Propertius I. 9. 15-34 in J.R.S. 47 (1957), 242-3

537

445 B.C.

445 B.C.

formulates it, 'quid si in such a context adds an argument by means of an appeal to a circumstance which either is the case (so with the indicative) or might easily have been (and perhaps yet can be) the case, though it was not (or is not) at the moment (so with the subjunctive),. The sense is: 'Just think what it would be like if you had not learnt how ineffectual your threats against the plebs were. Then you might risk open conflict with us. As it is, you will only try to bluff us and I call your bluff. Give us conubium and we will fight.' nobis: a necessary correction for N's vobis. The two are constantly confused and Bayet's vos nobis is unnecessary as well as being overemphatic.

I would follow Walters but write certamen (Curiatius) respondit. See also 6. 7. 6. 6. intercedentibus: the first reputed instance of the tribunician veto (43.6,50.6; see Mommsen, Staatsrecht, 2. 294 n. I). It is doubtful whether the veto did exist at this date. The first certainly attested case is 3 I 0 (9· 36. 14) and, if it was not the result of a gradual evolution, it will have been instituted together with the other Licinio-Sextian measures. See Lengle, R.E., 'tribunus plebis'. consilia: so consiliis and consilia below. consilium habere and consilio interesse are both well attested (2. 54. 7, 9. 15· I, 36. I I. 7; Sallust, Jug. 62. 4)' Change is unnecessary but should at least be consistent. apparebat: Livian simplification. In D.H. I I. 60 (and so in Licinius) the misgiving formed part of a speech by T. Genucius, the consul's brother. 6. 7. C. Claudi sententia: 6. 2 n. His proposal was fliYJ8q.dav a7To8t8ovat Tfi {3ovAfi 8ufyvwatv tJ7TEP TOV vOfloV (D.H. I I. 60). Quinctiorum: D.H. mentions only Capitolinus. The pairing recalls 3· 35· 9· foedere icto: not mentioned in 3. 55. 10 but cf. Sallust, Oratio Macri 17. 6. 8. tribunos militum: 7-1 I n. 6. 10. adipiscendi: for the text see C.Q. 9 (1959), 277. 6. 11. contentione libertatis dignitatisque: 3. 65. I I n. secundum: 'after the contest is ended and when the judgment IS unbiassed' (Baker).

4.5. 3

Conclusio: amplijicatio Canuleius ends his speech with an emotional peroration marked by the repeated anaphora of si and nemo. 5.5. unam hanc civitatem: 3. 67. 10 n. si spes, si aditus: 'the hope and opportunity of office'. Cf. 25. 10. in vicem annuis magistratibus: the concept of proper democracy cr. 3. 39· 8 n. The similarity between the two passages led Porson to read aequandae for aequae here, rightly, for although aequa libertas is found (34.54. 5, 45· 32. 5) the gerundive is required with quod est (cr. 38 . 50. 8; Florus 2. I. 4). 5. 6. ferte sermonibus: cr. Caesar, B.C. 2. 17. 2. pro superbis dominis: 28.44.4,42. 52. 16; Virgil, Aen. 12. 236; Pliny, Paneg. 63. 6.

4.6.

2

6. 2. respondit: it is impossible to understand alter consul from consules in 6. 1 and with the exception of Bayet who retains the manuscript reading, editors agree that either respondit should be altered to an impersonal passive (respondetur Ruperti; responsum Bitschofsky) or that the subject has dropped out. Harant would supply alter but the palaeographical inducements (alter roganti for interroganti or utiliter alter (Conway)) do not outweigh the inanity of not specifying which consul spoke, quite apart from the incredible separation of utiliter from in praesens c. which Conway's text involves. Now the parallel account in D.H. shows that in Licinius' version the opposition to the proposal for electing plebeian consuls came not from the consuls themselves, that is not from Genucius who is pictured as a tactful negotiator (11.58. 1) and not from Curiatius who is not mentioned throughout, but from C. Claudius (I I. 60. I). In his usual fashion L. has simplified the story by eliminating all superfluous characters and reducing the dispute to one between Canuleius and the consuls. In so doing he has deprived himself of anyone to answer Canuleius and so leaves the awkward and anonymous respondit. If any name was to be supplied

In 445 the Senate decided to suspend the election of consuls and to appoint in their stead three tribuni militum. Except for a few intermissions when consuls were elected, the appointment of tribuni militum lasted until 367 while the number grew more or less steadily from three to six. The annalistic tradition was unanimous on these points (D.H. I I. 53-61; Diodorus; L.) but differed in their explanation of them. One source saw the consular tribunate as a political compromise designed to meet the demand that plebeians should be eligible for the consulship. Another, introduced by L. as a variant (sunt qui . .. dicant) , explained it as a device for dealing with increased military commitments which required more than two commanders. Modern speculation has ranged widely over the significance and origin of the office without arriving at any agreed interpretation. It is well to notice that L. owes the political explanation directly to Licinius Macer and furthermore that the first plebeian alleged to have been elected to the office was P. Licinius (5. 12. 9). That is in

53 8

539

7-11. Ardea: the Institution of the Consular Tribunate and the Censorship

444 B.C.

444 B. C.

fact false. L. Atilius in 444 and Q. Antonius Merenda in 422 were also plebeians (7. I n.). The political explanation has therefore no respectable antecedents. It bears every sign of having been fabricated by Licinius himself to reflect glory on his family and to promote a favourable history of the plebs. If so, the military explanation is the older. That does not mean that it need be the more reliable. Licinius may even have divined the truth with the worst of motives. But the objections against the political interpretation are decisive. Unless a bar on plebeian access to the consulate had been instituted by the Decemvirate, the consulate was already open to plebeians and there are numerous genuinely plebeian names in the early Fasti. And even if the consulate was barred and the consular tribunate was intentionally created for plebeians, why did so remarkably few hold it? The name tribuni militum indicates that their function was primarily military and the name must be the starting-point in any consideration oftheir significance. And the name survives. When the Roman government was reorganized again in 367/6, the six consular tribunes disappear from the Fasti but a difficult note in L. (7. 5. 9) shows that they remained as elective military commanders, although no longer as supreme commanders; cum eo anna (362) primum placuisset tribunos militum ad legiones suffragio fieri . .. secundum in sex locis tenuit. The succession is clear. By the mid-fifth century Rome was threatened on several fronts, from Etruria, from the Aequi and the Volsci, from the Sabines, and at the same time was trying to secure her position by extending her control over the strategic keys to Latium-the Tiber, Algidus, and the coast. Such a policy meant simultaneous operations on several fronts. In itself it would justify the reorganization and redisposal of her military resources and it is noteworthy that the first occurrence of six consular tribunes coincides with the attack on Veii. Corroboratory evidence for a reform of the Roman army in this period may be afforded by the substitution of the scutum for the clipeus (see nn. on 1. 43). There are only two serious objections to the military interpretation. If the consular tribunes were appointed for military reasons, why were dictators created in times of serious war (4. 23. 5, 31. 5, 46. ro, 57. 6, 5. 19. 2, 46. ro)? Sudden emergencies will always call for the appointment of a strong man to co-ordinate the defences of the state. Secondly, it is urged that once the new system had been inaugurated the periodic reversion to consuls (443-439; 431-427; 413-409, &c.), is inexplicable, especially when many of the years in which consular tribunes held office were years of peace. Short of believing the Fasti to be hopelessly unreliable or that there were always two consuls with one or more assistants if circumstances required, we may rather

believe that the election of consular tribunes was viewed originally as an occasional military necessity. They were the alternative government when it looked as if the international situation would call for extended military effort. It would never be easy to predict with certainty what the year would hold in store and the military emergency which was foreseen when the consular tribunes were elected might have evaporated by the time they held office. The converse would be equally true and it was perhaps to avoid this element of uncertainty that consular tribunes were almost invariably elected for 405-367 (5· 31. 2 n.). But this monopoly of the government by military men involved the neglect of civil affairs which were becoming increasingly important and intricate. The reforms of 366 by instituting the praetorship by the side of the consulate enabled a proper balance to be struck in the conduct of Rome's affairs. There would be at any time sufficient men competent to run home affairs and military expeditions. Of the older discussions still worth consulting are Mommsen, Staatsrecht, 2. I76ff.; Soltau, Philologus 73 (1916), 524-9; Ed. Meyer, Kl. Schriften, 2. 280 ff.; H. S. Jones, C.A.H., 7. 519 ff. See also M. P. Nilsson, ].R.S. 19 (1929), I-II; F. Cornelius, Untersuchungen, 59 ff.; Lengle, R.E., 'tribunus'; Bayet, tome 4. 135-48; K. von Fritz, Historia I (1950), 37 ff.; Bernardi, Athenaeum 30 (1952),35 ff.; E. S. Staveley, ].R.S. 43 (1953),30-36; F. E. Adcock, ].R.S. 47 (1957), 9- 14; R. Sealey, Latomus 18 (1959), 521-30; A. Boddington, Historia 8 (1959), 356-64. For the censorship see Suolahti, Roman Censors, 20 ff. 7. 1. anna trecentesimo decimo: 3. 33. I n. primum: Varro (de Ling. Lat. 5. 81) writes: 'tribuni militum quod terni tribus tribubus Ramnium, Lucerum, Titium olim ad exercitum mittebantur' ; and continues by saying that the office was older than the plebeian tribunate. His total of nine tribunes is mistaken, but if the military establishment of 6,000 goes back to regal times (I. 43 n.), it is possible that each 1,000 had been commanded by a tribune since at least the beginning of the Republic and that there were, therefore, six tribunes already at this date. primum does not, therefore, necessarily imply that 444 marked the first creation of the office of tribuni militum. 444 was the year when for the first time the tribunes took the place of the consuls as supreme magistrates. pro consulibus: to be taken with ineunt and not as part of their title, which is variously given as t. m. consulari imperio or consulari potestate. They had imperium but evidently not the auspices, since no consular tribune celebrates a triumph (Zonaras 7. 19). The variation in their title might suggest that only the words tribuni militum were recorded in the Fasti and that the other words were added by historians anxious to create 'an impression of orderly and legal development'. ineunt: L. names only three tribunes. D.H. surprisingly says aVTt nvv

4· 7- 11

540

54 1

4.

7-11

444 E.G.

444 B.C.

imUTWV Xt/"tUPXov, ... TpE'i, fLEV €K TWV 7TaTptKLWV TpE'i, 8' €K TWV 87)fLOTtKWV (I I. 60) and six was the later maximum (5. I. 2 n.). Hit is true

that there were already in existence six tribuni militum, the supreme authority would be delegated to three or four or all six of them as circumstances dictated. If, say, four were designated, the other two would continue as commanders of their detachments but subordinate to the supreme authority vested in the four. A. Sempronius Atratinus: A.f., the son of the consul of 497 (2.21. I). Cf. 4. 35. I n. For his 'brother' see 7. 10 n. L. Atilius: the gens is plebeian (Klebs, R.E., 'Atilius'). His son was cons. trib. in 399 (5· 13· 3 n.). T. Cloelius: N read Caecilius here, but Cluilius is certain at I I. 5 where the cognomen Siculus is added and D.H. I I. 61. 3 calls the cons. trib. T. K/.,v/.,ws EtKE/"6s. The omission of the cognomen here leaves it doubtful whether L. (or Licinius Macer or the libri lintei) intended the cons. trib. and the iiivir to be identified. If they did, then Cluilius (not Cloelius) should be restored for Caecilius. The Caecilii were plebeian, the Cluilii patrician. See Milnzer, R.E., 'Cloelius (12)'. The cognomen Siculus, almost confined to the gens (but cf. I.L.S. 4874 n.), may have been adopted by a branch of the family who traded with Sicily in the third century. It is first certainly attested for the Rex Sacrorum of 180 B.C. 7. 2. sunt qui: meaning doubtless Valerius Antias. usi sunt: so Ver. M has usos as 7T/.,. For the corruption cf. 3· 7· 7. A strong stop is required after plebe and the use of consular imperium and insignia is no longer an item in the variant tradition but is a fact accepted throughout the whole tradition. So also in D.H. 7.3. profirmato: a correction by Petrarch of the vulgateftrmato which, like Ver.'sfamato, is nonsense and results from an old corruption. For the use ofjirmo cf. 3. 56. 13; Tacitus, Annals 3. 60 . perinde ac: makes a comparison (2. 58. I, 4. 7. I In., 5· 42. 2, 28. 38. 10) rather than states a reason, 'just as' or sometimes 'just as if'. If it was uncontroversial that the election was invalid, perinde ac vitio creati is a singular way of expressing it, and may conceal a manipulation of the facts. The notices C. Curiatius vitio tabernaculum cepit and T. Q.uinctius interrex (comitia habuit) look like genuine annalistic material. They have been used by Licinius to set the scene for the insertion of his pair of consuls (7. 10) whereas it is easier to imagine that the decision to appoint tribunes instead of consuls did indeed meet with opposition (7-9), particularly from diehard patricians who held control of the priestly colleges and thwarted the elections by declaring them vitiated. Their obstruction would lead to an interregnum during which T. Quinctius could manage to secure the election ofSempronius and his colleagues.

tabernaculum cepisset: I. 6. 4 n., 3. 20. 6 n. The expression is sacral. 7. 4.foedere: I. 4 n., 7.10 n. 7. 5. concordiae etiam ordinum: Sallust attributes similar arguments to Licinius Macer (Or. Macri 6- 13). See Strasburger, Concordia Ordinum, 37· 7.8. vicere: 3. 57· 9 n. 7. 10. T. Q.uinctius Barbatus: i.e. Capitolinus. That his name stood in the Annales may be supported by Diodorus listing TLTOS KOLVTtOS as one of the consular tribunes of the year (12. 32. I). his consulibus: those who pin their faith on Licinius Macer's powers of historical research need read no farther. The omission of the names from the annales prisci is the one conclusive proof that Papirius and Sempronius were not consuls for 444, since ultimately there was only one common source of magistracy-holders-the annales-from which the libri magistratuum, the libri lintei, and other lists were derived. The suspicion is confirmed by the obvious 'adjustment' of the augurs' report and the interregnum (7. 3 n.), by the attempt to foist the same two men into history as censors (8. 7 n.), and by the observation that the treaty which Licinius saw was a renewal. Since there is neither evidence nor occasion for any treaty with Ardea before the colonization in 443 (treaties and colonies are not incompatible), the inference is insistent that Licinius' treaty, if it is genuine, is later than 443. Many reconstructions are possible, all hazardous. The most satisfying are those made by Mommsen (Staatsrecht, 2. 335 n. I), Beloch (Rom. Geschichte, 249-50), or Hanell (Das altromische eponyme Amt, 202; see also Ann Boddington, Historia 8 (1959), 359). The difficulties in the list of 4. 52. 4 (n.) might suggest that in 41 I there were not as reported two consuls but three consular tribunes, M. Papirius, (Sempronius), and C. Nautius, but that the mutilation of the original tabulae led the compilers of magisterial lists to give two names only. In that case Licinius Macer, reading Papirius and Sempronius on his inscription, was unable to find them in the libri magistratuum and so inserted them as consuls in 444 because of the plethora of Ardeatine happenings in the period 445-3. In fact, the renewal of the treaty will belong to 41 I (or 416). For a similar example of an inscription recording the names of two of a college of three consular tribunes, cf. Varro ap. Macrob. I. 13. 2 I antiquissimam legem . .. incisam in columna aerea a L. Pinario et Furio consulibus (= 432; 4. 25. 5). See Hermes 89 (1961), 379 ff. libris magistratuum: compilations of magistrates made, e.g., by C. Tuditanus (Macrobius I. 13. 2 I), Atticus, and Varro. 7. 11. The text of the passage stood in the archetype of Ver. and N as: 'credo quod tribuni militum initio anni fuerunt eo perinde ac [si N] totum annum in imperio fuerint suffectis iis consulibus praeter-

54 2

543

4.7.

I

4· 7· 3

444 B.C.

444 B.C.

missa nomina consulum horum Licinius Macer auctor est et [iam Ver.] in foedere Ardeatino et in linteis libris ad Monetae [-tea Ver.] inventa [-tae N]. et [om. Ver.] foris ...'. The problem is to divide the sentence in such a way that suifectis iis consulibus and consulum horum are separated and that inventa has a subject. L.'s use of the demonstratives is and hic guarantees that consulum horum will come near the beginning of a sentence and not, as, following Crevier, Walters punctuates, at the end. nomina consulum horum ... auctor est . .. inventa. 'Licinius Macer is the authority that the names of these consuls were found both in the Ardeatine treaty and in the libri lintei at the temple of Moneta.' The sense is unimpeachable and the syntax clear but it leaves in the preceding sentence praetermissa unattached. The shape of that sentence recalls 2. 8. 5 'credo, quia nulla gesta res insignem fecerit consulatum, memoriam intercidisse.' In other words praetermissa should be part of an acc. and info after credo. Peter made the attractive supplement <nomina). 'I believe that, because there were military tribunes at the beginning of the year, therefore just as if they had held power for the whole of the year, when Sempronius and Papirius were elected suffect consuls, their (i.e. Sempronius' and Papirius') names were left out.' For similar haplographies cf. 4. 26. I I, 5.5.7. The more radical restorations made by Mommsen, Madvig, and Bayet among recent editors do not meet the needs of sense and syntax. See before all Leuze, Romischen Censur, 10 7-33. 7. 12. Licinius Macer: see Introduction. libris linteis: 20. 8, 23. 2. The name signifies that they were books written on linen (cf. the linen corslet of A. Cornelius Cossus in 4· 20. 7) and they were evidently a list of magistrates. The date of the compilation and its extent is not known. The temple of Moneta (see next note) was not founded until 344 while the libri lintei purport to go back earlier. Without believing with Klotz (Rh. Mus. 86 (1937), 217) that they are therefore a forgery by Licinius, we may either suppose that they had been stored in another temple and were transferred to Moneta in 344 or, since it is as unlikely that such a relic would have survived from the earliest times as that such scholarly compilations, as distinct from the regular tabulae dealbatae, would have been made before the second century (they appear to have included cognomina), we may hold that they were not compiled before C. 150. As to their extent L. actually quotes them only for the period of the consular tribunate and the close proximity of the foundation of the temple of Moneta to the end of the consular tribunate (3 6 7/344) has suggested to some scholars that the libri lintei were a list exclusively of consular tribunes dedicated as a memorial of that office shortly after it had come to an end. But apart from the objections outlined above sundry vagaries in the list of eponymous magistrates used by

Licinius can be detected elsewhere (e.g. 2. 15. I n.). It was probably a complete compilation from 509 downwards. See ].R.S. 48 (1958),

4· 7·

II

514

4· 7·

III

40 -46. ad Monetae: the temple ofJuno Moneta, vowed in 345 and dedicated the following year during a crucial war with the Aurunci (7. 28. 4-6). Plutarch speaks of an earlier temple in connexion with the sacred geese in 390 (Camillus 27) but that is merely to provide an aetiological myth for the title (Moneta from moneo (cf. obsoletus; soleo; Voleta, Peta) = the Remembrancer used as a translation of Mvry/Loal5JJy! by Livius Andronicus). The title arises from the invocation of the goddess to remember her previous favours-hence her connexion with the records as the repository of the libri lintei and after 269 as the site of the mint. (For a different explanation which connects the title with Phoenician see Assmann, Klio 6 (1906),477 fr.; the fact that the association of the temple with coinage must be eighty years later than its foundation militates against it.) The temple was on the arx, replacing the house ofM. Manlius Capitolinus destroyed in 384 (6.20. 13). See Platner-Ashby s.v.; Marbach, R.E., 'Moneta'; R. Thomsen, Early Roman Coinage, 3. 85 ff. 8. 2. censurae initium: when military tribunes were elected who were both preoccupied with military operations and, if plebeian, disqualified from performing the religious ceremonies of the census (lustrum condere; see I. 44. 1-2 n.), it was necessary to elect ad hoc two politicians to kindle the ritual fire (censor from *cendere) and hold the census. It was from this makeshift that the censorate began. The fact, but not the names, would have been mentioned in the Annales. See Leuze, Romischen Censur, 94-144; Suolahti, The Roman Censors, with full bibliography. This passage is not inconsistent with 4. 22. 7 (n.). sub dicione eius magistratus publicorum ius privatorumque locorum, vectigalia populi Romani sub nutu atque arbitrio essent: for the text see C. Q.. 9 (1959),275. Notice the balanced regimen . . discrimen, followed by the chiastic sub dicione ... sub nutu atque arbitrio. The ius locorum was the right to adjudicate in boundary disputes between private and public property (40. 5. 7; C.I.L. 6. 9 1 9). 8. 4. mentio inlata ad senatum: ab senatu 7TA. No exact parallel for m. i. ad senatum is found but it is modelled on the common res delata ad s. (14. 3) and the alternative ab senatu is ruled out by the fact that mentionem iriferre is only used of individual speakers in the Senate (I. 2,

47. 6). custodiaeque [et] tabularum cura : the censors are in charge of the scribes and of the keepers of the tablets (custodiae for custodum). Without Crevier's deletion of et, custodiae must be nom. plural linked to ministerium (the scribae both as scribes and as keeFers are under the control 814432

545

Nn

443 B.C.

443 B.C.

of the censors). But in that case tabularum cura would be redundant. The tabulae censoriae which listed and valued all property (Cicero, de Hal'. Resp. 30; Aul. Gell. 2. lO; Pliny, NoH. 18. II), in addition to registering persons, were available to public inspection in the atrium libertatis (43. 16. 13, 45. 15. 5) and (perhaps a later change of site) in the aedes Nympharum (Cicero, pro Milone 73). formulae censendi: the censors had a procedural code, like the praetors' edict, which was handed down with additions and accretions from college to college, known as theformula census (Lex Iulia Municip. 147; 2g. 15. g) or the lex censui censendo dicta (43. 14.5) in which they outlined the principles which they would follow in the administration of the census and which would determine any consequent litigation (Mommsen, Staatsrecht, 2. 372). 8. 5. ius maiestatemque: Cornelissen substituted decus for ius but cf. Bell. Alex. 34. 2. The whole picture of the patrician reaction derives from Licinius' political interpretation of the censorate. 8.7. dubitabatur: there is no need to change to the present tense, 'about which doubt was expressed a few pages back'. Cicero (ad Fam. g. 2 I. 2 : 46 B.C.) accepts the account: 'fuerant enim patricii minorum gentium quorum princeps L. Papirius Mugillanus qui censor cum L. Sempronio Atratino fuit cum ante consul cum eodem fuisset, annis post Romam conditam cccxu'. Unger conjectured that Cicero derived the information from L. Scribonius Libo whose 'Annals' were published in 46 (Jahrb.j. Class. Phil. 143 (18g1), 646) and to whom Cicero elsewhere refers. In any case Cicero does not provide independent testimony since directly or indirectly his information will only go back to Licinius' researches. If their consulate is false, a fortiori their censorship is too. An anonymous notice has been filled out by Licinius to anchor Papirius and Sempronius to the years 444/3. See also Klotz, Rh. Mus. 88 (1939), 47 ff.; Suolahti, Roman Censors, 168 ff. The story of Ardea grew out of three basic facts, the capture by the Volsci, the defeat of the Volsci by the Romans, and the colonization, all of which would have figured in the records, being coupled with the familiar legend of The Maid (virgo plebeii generis) , the twin, ifnot the parent, of the legend of Verginia (Pais, Ancient Legends, I 87--g0). L. does not develop the potentialities ofthe material but is content with a straightforward narrative which illustrates the fides of the Romans and exemplifies the evils of the disease (g. 3, g. lO) of certamina factionum.

9. 4. petiere iuuenes; alter . .. alter: for the omISSIOn of the numeral with iuv~nes cf. 32. 5. 11 inter montes quorum alterum Meropum, alterum Asnaum mcolae vocant; 6. 35· 4, 32. 38. 9 (Pettersson). Kiehl's
4· 8·4

9. 1. renovatoque: 7. lO. 9. 3. fuerunt eruntque: the theme and the language recalls Thucydides' judgement on UTClaLS' (3. 82-83; especially 82. 3). magis: for the pleonasm with pluribus cf. Ktihnast, Liv. Syntax, 273. 54 6

547

4· 9·4

443 B.C.

443 B.C.

other incidents of early Roman history (cf. 3· 33. ro n., 44-49 n.; 2. 23-24 n.) to illustrate the workings of the Twelve Tables, and in particular the provisions (I) that marriage need not necessarily be attended by manus (Tab. 6. 5; cf. Ennius ap. ad Herenn. 2. 38; Cato ap. Aul. Gell. 17.6. I); (2) that women sui iuris could not be debarred from entering on marriage without manus by the obstruction of their tutor (Tab. 5); (3) that plebeians were legally eligible to marry patricians. See Latomus 21 (1962),477-83. 9. 8. ex urbe prqfecta: cf. the Second Secession. 9. 9. I,rbem quoque omnis etiam expertem ante certaminis: the city, qua bricks and mortar, has not been jeopardized up till now, although the outskirts have been pillaged. Now opifices are being massed to attack the city itself. expel's . .. certaminis is guaranteed by 40. 8. 4 (Walker) and conjectures based on Morstadt's omni, because the city has been subject to riots and disorder if not physical attack, destroy the neat abl. abs. multitudine ... evocata and produce the un-Livian omnis ... multitudo in exchange for the idiomatic expel's omnis (gen.) = 'utterly unaffected by' (Praef. 5, 23· 5. I I.) 9. 12. Aequo Cluilio: the name Cluilius is credible. It is by no means exclusively Roman, but the praenomen Aequus is unique. Since in 3. 25. 5 (n.), which duplicates this campaign, the Aequi are led by a Cluilius, Aequo either indicates his nationality, or, if it be thought unfeasible for an Aequan to command the V olsci, conceals a deeper confusion of a notice which told of a joint force of Aequi and Volsci led by Cluilius. 9. 13. curare corpora: 3. 2. ro n. 9. 14. alia parte: 3. 38. 5 n. iniunxerat: 5. 7· 2, 10. 34· 2, 27· 41. 3. iunxerat (Ver.) by haplography (cf. 3· 63· 5)·

10. 8. togatus: cf. Cicero, in Catil. 2. 28, 3. 23; pro Sulla 85. It was Cicero's preferred way of referring to his consulship (Nicolet, R.t.L. 38 (1960), 236 ff.). domesticae: Gronovius's correction of domesticam seems inevitable in view of 6. 30. 9 domestica quies. 10.9. faciebat: cf. 30. 33· 11,33· 18. 12,37· 9. 3, 40. II. I (lung).

4· g. 6

4.

10 .

8

10.3. fatentes: as if iubet eos ponere had preceded, but the passive form is preferred to convey the impression of crisp military orders. The closest analogy is 3. 42. 7-also in official language. Walter's esse rate subordination. 10. 7. consul triumphans: cf. the Fasti Triunph.: [M. Gega]nius M. [f.-n.] Macerinus ann. cccx [cos. II] de V[olsceis n]onis Sep. dearmatum: only here and Apuleius, Met. 5. 30.

11. 1. consules creantur M. Fabius Vibulanus, Postumus Aebutius Cornicen: Ver. The passive is greatly to be preferred to N's consules creant with accusatives for nominatives, since the subject of creant would have to be the consuls of the previous year, Quinctius and Geganius. In referring to the election of consuls L. uses the form consul creavit where one specified consul was the presiding officer (ro. 47· 5, 32. 27· 5, 40 . 35. I, 42. 9. 8). The plural only occurs in the problematical 45· 44· I. See Staveley, Historia 3 (1954), 199. Fabius, Q.f. M.n., the son of the consul of 4 6 7 (3· I. I); cf.4. 17. ro, 19· 8, 25· 2, 27.9,28. I. Aebutius' filiation was probably L.f. T. n., the son of the consul of 463 (3. 6. I; see Klebs, R.E., 'Aebutius (14)'; for his cognomen see 2I. ro, 3. 35. I In.). 11. 4. Rutulorum: i.e. inhabitants of the country surrounding Ardea. 11. 5. triumviri: we are not compelled to disbelieve either the notice or the names. Such special commissions were recorded (the doubts about the commission of 218 raise a separate problem) and the archival origin of this commission is established by relatum in tabulas. Moreover, apart from conventionally consisting of three members (3. I. 6 n., 5. 24.4, 8. 16. 13), it was the custom in early times except when major colonial enterprises were being planned for the board to contain one consular and two non-consulars. Such was the case in 218 (2I. 25· 3-5; Asconius 3 C., in 200 (3I. 49.6), and in 197 (32. 29· 3-4). Here T. Cluilius Siculus had been consular tribune (7. I n.), M. Aebutius, otherwise unknown, was an elder brother of the current consul, perhaps, as his name suggests, with Ardeatine connexions, and Agrippa Menenius was to become consul (13.6 n.). 11. 6. praeter: confirmed by Ver. where ... .Iter survives and by the idiom (cf. 3. 70. 15); they were unpopular not only with the plebs (which might have been expected) but with the patres as well. cum plebem offendissent is almost parenthetical, explaining and repeating minime populare ministerium. 11. 7. [coloni adscripti]: would imply that they became members of the colony rather than waited for the storm to die down, but Menenius is consul in 13. 6. Ver.'s omission of the words proves them to be a marginal summary (cf. 3. 49. 5 Appiusfugit), although the language is technically exact (6. 30. 9 et al.). If they had joined the colony they would have avoided a summons (vocationes Cornelissen; cf. Aul. Gell.

54 8

549

442 B.C.

441 B.C.

13. 13), not the fuss and bother (vexationes). The threat of prosecution is unhistorical.

12-16. Sp. Maelius The story of Sp. Maelius, like the story of Cincinnatus, is an instance of a timeless legend which grew up at first independently of the Annales and was then fitted into the framework of dates and facts at a time when it had already acquired a wealth of circumstantial detail of its own. The core of the story is the killing of a homo sacer Sp. Maelius by C. Servilius Ahala. It was the reason for the name Ahala (13, 14 n.) and the memory of it was kept alive by the Servilii. Equally, as an aetiological myth for the waste land Aequimaelium, it stayed in the memory of the Roman people. Nor need we doubt the association of Sp. Maelius' offence with a corn shortage. Such shortages are part of fifth-century history (2.9.6 n.) and were easy to remember. Whether C. Minucius was always an integral part of the tale is less certain. The name Minucius was associated with a porticus in the south-east corner of the city, which served as a grain market. Outside the porta Trigemina there was a column in honour ofL. Minucius. Hit were not established that the porticus Minucia cannot be older than the third century, the association of Minucii and Rome's corn supply might be thought to extend right back to the days of Sp. Maelius. As it is, there are some grounds for believing that he is the earliest addition to the story, supplying the information that led Ahala to execute summary justice. It is significant that in the earliest versions none of the principals has any official standing (Cincius fro 6; Pisofr. 24). Minucius merely lays evidence (p:1JVVT7JS) that Sp. Maelius seeks to become king. The date of the story remained essentially fluid but it had to be tied down when consecutive history was written, and respectable positions had to be discovered (or invented) for the chief characters. The date was determined by the life-history of Servilius Ahala, as given in the Fasti; precision was supplied by annalistic reference to annona. L. Minucius had provided one site for Cincinnatus' dictatorship. He could provide another (Cicero, Gato 56 even places the ploughing scene here) and at the same time give Ahala an official capacity as mag. equitum. Cincinnatus cannot have been dictator in this year: the duration and terms of his appointment conflict with everything that is known about the early dictatorship. Only Maelius aild Minucius were unplaced. For Maelius the obvious position was tribune and traces of a tradition that made him tribune survive both ill 15. 6 (tribunatus plebis magis optandus quam sperandus) and in 21. 3 where his double, Sp. Maelius, holds that office for the year 436. Since the latter passage is not Licinian a rival chronology and inter-

pretation may lie behind this curious duplication. Unlike the Maelii the Minucii were not always plebeian (3. 33. 3 n.). H in later time~ they were plebeian, a transitio ad plebem must have taken place. As the family history of the Octavii illustrates (Suetonius, Aug. 2; cf. Cicero, Brutus 62) it was not difficult to invent such an explanation. Minucius is co-opted as a tr. pl. The sheer incredibility of that invention led to alternative solutions. The compilers of the libri lintei list him as a plain praifectus. Whether they meant praifectus urbi or not, Licinius Macer firmly interprets his office in terms of the contemporary cura annonae, and with this pleasing fiction he can afford to leave Sp. Maelius as a privatus. While the fabrication of details of status and chronology went on, on the other side the narrative was embellished. The resemblance to the fate ofSp. Cassius could be exploited to advantage (13.4 de regno agitare = 2. 41. 5; 12.7 neglegentiam consulum = 2. 41. 2). But above all, recent events at Rome, the programmes and the fortunes of the Gracchi, offered a model which the annalists were quick to perceive and utilize (cf., e.g., Arnpelius 27. 2). Gracchan touches may be detected especially in Cincinnatus' speech (15, I n.). One remark has no equivalent in the attentuated account of D.H. or in any of the sources (Cicero, pro Mil. 72; Lael. 36; in Gatil. I. 3; de Rep. 2. 49.; .Phil. 2. 114; Val. Max. 5. 3. 2; Quintilian 5· 9. 13, 13. 24; de Vms fllustr. I7. 5; Plutarch, Brutus 1. 2) : macte virtute . .. esto liberata re publica (14, 7). The highest realization of the individual is the preservation of the state. That was L.'s message. He tells the story dramatically to illustrate that message, contrasting the evil emotions in Maelius' breast (13, 3-4) with the nobility of the dictator and his Master of Horse. It leads up to the speech of Cincinnatus who with a fine mixture of rhetoric and blunt speaking provides the deed with its historical significance and moral justification. See Mommsen, Rom. Forschungen, 2. 199-222; Soltau, Phil. Woch., 19°8, 586 f.; Pais, Ancient Legends, 194-223; Milnzer, R.E., 'Sp. Maeli.us:; ibid. 'L. Minucius Esquilinus Augurinus'; Burck 93-95; Momlgbano (16. 2 n.); Meiggs, Roman Ostia, 481. 12.1. G. Furio: 22. 7, 31. 1. In fact he should be called Q.. (K6tvTO, in Diod. 12. 35. I) since he was the same as the pontifex maximus of 3.54. 5 (where see note). The cognomen Pacilusis read by the Capitoline Fasti for the consul of 251 (ef. G.fL 9. 3823 Paciledius) and should probably be read here too (22. 7, 52. I) as a by-form of Pacullus (39. 13· 9; I.G.S. 1. 894) formed from an Oscan god-name; ef. Pacuvius (Schulze 477). M. Papirio Grasso: MavtDs in Diod. 12.35. I (ef. D.H. 5. 14.) but certainty is unobtainable. The leading member of the Crassus branch of the Papirii was L.P.C., dictator in 340.

4.

55°

55 1

12-16

441 B.C.

440 B.C.

,12. 2. ludi: the vowing of these games was not mentioned in the Valerian narrative of the Decemvirate. The turbulent conclusion of that institution was centred on the prata Flaminia (3· 54. 15 n.) where the ludi plebeii were later celebrated. But the ludi plebeii were not established before 2 I 4. The most economic solution is to suppose that the entry ludi facti occurred in the Annales but the further detail of their vowing was added to provide a venerable pedigree for the ludi plebeii. If they had been vowed in 450, why did nearly ten years elapse before their celebration? See Mommsen, Staatsrecht, 2. 519-20; Habel, R.E., Suppl. 5, 'ludi publici'; Piganiol, Recherches, 78, who accepts the antiquity of ludi plebeii. 12. 3. Poetilio: 3. 35. I I n. The tradition of a single tr. pl. being recorded each year appears to subsist, although his activities are fictional. 12. 6. Proculo Geganio Macerino: evidently a brother of M.G.M. (3. 65· 5) as his praenomen might suggest; cf. Paulus Festus 251 L. Proculus must be nearly ten years younger than his brother. L. Menenio Lanato: T. according to Diodorus 12. 36. I and the Fasti (cf. Chr. 354 Lanato II), i.e. the consul of 452 (3· 32. 5). But Cassiodorus confirms L. It must be another of the vagaries attributable to the libri lintei, which regarded him as the son of the consul of 452an impossibly short gap. For Lanatus cf. 13. 6 n. fame mala: recorded in the Annales. The alternative explanations reflect the pro- and anti-plebeian standpoints of L.'s two chief authorities. 12. 8. praifectus annonae: L. explicitly states that the libri lintei only gave the bare title praifectus, i.e. praifectus urbi. In Republican times the com supply was regularly under the supervision of the aediles or the Ostian quaestor but in emergencies special appointments were made. M. Aemilius Scaurus, who was appointed in 104 to replace Saturninus, then quaestor, is the first case known (Cicero, de Har. Resp. 43) before Pompey's famous cura annonae. See Mommsen, Staatsrecht, 2. 670-2. 12. 9. ex Etruria: 2. 34. 2 n. 12. 10. et vendere: Mommsen emended Ver.'s ut venderet to ut venderent but the order of words shows that prqflferi and vendere make a closely parallel pair. 12. 11. capitibus obvolutis: an unexpected glimpse, probably a literary adaptation of an old ceremony, employed in time of famine, of throwing pensioners into the Tiber as a sacrifice (Festus 450 L. sexagenarios de ponte; cf. the procession of the Argei). The employment of such a ceremony would certainly have figured in the Annales. See Klotz, R.E., 'Sexagenarii';]. Gage, Huit Recherches, 41. The habit of completely enveloping the head before death, particularly before suicide,

is often mentioned in antiquity (I. 26. 6 n. ; Euripides, 1. T. 1207 with Platnauer's note.; Festus 174 L.; Plutarch, Demosth. 29; Horace, Sat. 2. 3. 37; Seneca, N.Q. 4 prae£ I7 ; see R. Waltz, R.E.L. I7 (1939),

13. 1. praedives: according to D.H. 12. I he earned the cognomen Evou£j.Lwv bTL TijS 7TO/../..ijS EV7TOp{US, that is, Felix (or perhaps Faustus), but no allusion to Sulla should be seen here since the Greek version of his name was 'E7TUepPOOLTOS (Balsdon, l.R.S. 41 (1951), 5). praedives is not found before L. 13. 3. elatusque: injlatusque Ver. The two words are constantly confused (cf. 37. 12.4; Suetonius, Nero 37. 3) and Ver. has a weakness for injlare (54. 8 n.) which was a favourite if devalued word in late antiquity. In keeping with its tendency to replace the more vulgar variant (3. 6. 6 n., 44.5 n., 61. 13 n.) Ver. has wrongly substituted it here for elatus which is the mot juste in the phrase (cf. Seneca, de Benif. 6. 3· 2; Tacitus, Annals 2·34; Quintilian 12. 10.39). t plebeiofavore ac sipe despondente t : V er. ; (ei D LA )favore ac spe despondentem N (DLA's ei is of no account since it did not stand in the archetype). The intrusion ofplebeio is inexplicable and the word must form part of any restoration of the passage. plebeius favor is not cited in the Thes. Ling. Lat. but the equivalentpopularisfavor is used at 22.26.4; despondere in the sense 'to guarantee in advance' only at 26. 37· 5 velut despondente fortuna . .. imperium (abl. abs.). If the abl. is preferred here also, it is necessary to put a strong stop after trahere and a comma after despondente; ipse will then resume the main subject after an abl. abs. as in 2. I I. I praesidio ... locato ipse . .. posuit (I. 10. 5). But can plebeio favore ac spe be the subject of despondente? The pair of nouns governing a singular verb raises no difficulty but the meaning is not self-evident. plebeius favor will be the popular manifestations of support which welcomed Maelius. This could be said to guarantee a sure consulate. spe might be his own hopes which gave him unquestioning confidence in his chances of nomination, or the hopes which the plebs entertained in expectation of the benefits of Maelius' administration and whose public expression encouraged him. Presumably the latter. I would, therefore, accept Ver.'s text. The corruption sipe might be due to haplography of spe sibe (i.e. sibi in L.'s spelling; see Introduction, p. 5): if so, sibi should be restored. Mommsen's text is not eased by the switch from ei to ipse. 13. 4. ut est humanus: a familiar commonplace going back to Herodotus 7. 49· 4 (cf. Apostolius, Cent. 8. 6 I). exsudandum: in a metaphorical sense with an object 'to sweat over', exsudare is colloquial, used, outside L. here and in Claudius' speech (5. 5· 6), only by Horace in the Satires (I. 10. 28).

55 2

553

4.

12.2

4.

12. II

29 2-3 08 ).

440 B.C.

439 B.C.

13. 5. necdum compositis eum: unless a special emphasis is intended, L. prefers to tuck the demonstrative pronoun is away from the prominent positions in the sentence. Here N's quae res eum ... throws a quite irrelevant weight on eum. For the position of eum inside an abl. abs. cf. r. 34. 2, 25. 3. 18 (lung). The disarrangement of word-order may cover a deeper error. In Ver. all that is preserved is sula dum compositis eum If the first line is supplemented con-!sula[ria instabant; quae res necl a total of 26 letters against the normal 18 results, suggesting that either instabant or quae res (ef. the frequent omission of Q,uirites) was missing. 13.6. Agr. Menenius: his name is given both by Diodorus (12. 3Z' I) and by the augural inscription (I.L.S. 9338. 2). The old vanant Manilius (Ver. M; see C.Q,. 7 (1957), 76) will ~e a c?rr~ction oft~e haplography Menius. The cognomen Lanatus, lIke Cmcmnatus, will describe the characteristic hair of the family, 'downy'. 13. 8. rem compertam: a few easy strokes, the crisp announcements of gun-running and secret confabulations which were the two regu~ar symptoms of conspiracies under the late Republic, enable L. to .pamt a scene of tension and panic, where D.H. (12. r. 4-12) reqUIres a previous meeting of the Senate, several illegal ~ssemblies, and. the gradual enlightenment of the consuls. For tela zn domum. corifern cf. I. 5 I. 2 n. ; for contiones domi habere ef. Catiline's address to his followers (Sallust 20) ; for partita ... ministeria cf. Sallust, Catil. 43. 2. Quincti~s' protestation about the responsibilities and limitat~onsof~he cons~lship seems designed as a copy and a defence of Cicero s predicament m 63· 13. 9. [et] tribunos: the breathless haste of Minucius' news is much strengthened if, with Ver., we omit et. For tribunos . .. emptos ef. Cicero, in Pis. 35; pro Sestio 87· 13. 10. cum undique: et undique N, Ver. If increparent is right, it must be governed by a conjunction other than postquarr: which is. followed by the indo et undique looks like the emended remams of cundzque, a haplography of cum undique. 13. 11. provocatione: 2. 18.8 n. . exsoluto: 22. 22. 6. A highly rhetorical metaphor, elsewhere only m Seneca, Suas. 6. 6; [Q,uintilian], declo min. 377; cf. Lucretius r. 93 2.. 13. 12. ibi: traces of the word survive in Ver. also. For the meanmg 'in him' cf. 3. 15.9, 27.48.6; Tacitus, Annals 13· 46 . Q,uinctius primo: Ver.'s order, putting Cincinnatus at the head of the sentence, is more effective than the normal primo Q,.... dein ofN. 13. 14. damno dedecorive: as the alliteration might suggest, the collocation is old. Cf. Plautus, Bacch. 67 pro disco damnum capiam, pro cursura d(decus; Horace, Sat. I. 2. 52-53. dictator: the casual method of appointment, coupled with its im-

probable timing (e.g. fortuitous consular elections), renders the whole episode suspect. C. Servilium Ahalam: the cognomen is interesting. The old form of the word was Axilla (Cicero, Orator 153) 'an armpit' (= ala) and as a cognomen it belongs to that class of names like Sura and Vatia which denote parts of the body. One would assume that it was originally given as a nickname to one member of the family, just as Cincinnatus is obviously a nickname given to a man of crinkly hair. In fact, however, Sura and Vatia have Etruscan progenitors and there is a praenomen Ahal in Umbrian (Schulze 420). Whatever the origin of the name, its meaning was exploited to provide an aetiological myth. Servilius carries the dagger under his armpit (see Dodds on Plato, Gorgias 469 d I) or, according to another version, cut offMaelius' arm at the shoulder, thereby acquiring the cognomen. L. has the good taste to omit it.

554

555

4· 13· 5

4.13. 14·

14. 2. rectorem: Cicero's word for the benevolent statesman whose auctoritas should guide the destinies of Rome (ef. especially de Rep. 2.5 1,5. 5)· 14.3. vocat te . .. dictator: to answer the charge laid by Minucius L. employs the language of normal legal procedure (15. 2) but the dictator's powers were summary and untrammelled. Cf. 3. 29. 6. crimen . .. diluendum: the legal t.t. for refuting a charge (ad Herenn. 4· 47)· 14. 6. obtruncati: to be retained; ef. 2. 25. 6 and see Drakenborch on r. 3. 9; Shackleton Bailey, Propertiana, 182. Ver. is guilty of similar omissions (ef. 5. 24. 5) where words stood above each other in the original. stipatus: r. 47. 7 n. L. has kept back any mention of Ahala's escort to heighten the contrast between the solitary hero and the massed bodyguard of the villainous Maelius. In D.H., who is strongly influenced in his description by the events of the Ides of March, the escort was there from the very beginning and takes an active part in the assassination. 14.7. maete virtute: 2. 12. 14 n.

The Speech if Cincinnatus 15. 1. iure caesum: it was before a rowdy contio in 131 that Scipio Aemilianus in reply to a question from a tribune, C. Papirius Carbo, about his views on the death of Ti. Gracchus said si is occupandae rei publicae animum habuisset iure caesum (videri) (Vell. Pat. 2.4.4; see for the content and context of the saying A. E. Astin, C.Q,. 10 (1960), 135-7). Sp. Maelius had won support by his policy of cheap corn. The detractors of the Gracchi were quick to allege the same (Plutarch,

439 B.C.

439 B.C.

C. Gracchus 5; Cicero, pro Sestio 103). There can therefore be little doubt that Cincinnatus' speech has overtones of Scipio's. The clause etiamsi . . .fuerit gives strong support to Astin's view that the si ... habuisset clause preserved by Velleius is part of the original saying. 15.2. similem causaefortunam: 'he would have fared as his case merited'. 15. 3. sororis filios: I. 56. 7. liberos consulis: 2. 3-6. 15. 4. Collatinum: 2. 2. 10. Sp. Cassio: 2. 41. 15. 6. bilibris farris: fl. had the double bilibre libris, 7T'\ bilibre. The abl. is required after emo and the noun bilibra, found also in late Latin (Chiron 447), is properly formed. The sentiment recurs in Licinius Macer's speech, given by Sallust (19) : quinis modiis libertatem omnium aestumavere. In what follows there may be an adaptation of another saying of Scipio Aemilianus made on the same occasion in 131: hostium armatorum totiens clamore non territus, qui possum vestro moveri quorum noverca est Italia (Vell. Pat. 2·4· 4)· 15. 7. concoquere: metaphorically only here. Cf. 3. 36. 2 n. coquebant; cf. Plautus, Miles 208. Possibly from contemporary political slang (E. Dutoit, Hommages d L. Herrmann, 334)· 15.8. bona: cf. Sp. Cassius (2.41. 10).

not an authentic historical testimony. What of the bos auratus? We know of no gilt statues before 181 (40. 34. 5) but there is no need to assume that it was a statue. In 343 the consul, A. Cornelius, praeter militaria alia dona aurea corona (Decium) et centum bubus eximioque uno albo opimo auratis cornibus donat. Animals with gilded horns (boves aurati) are commonly mentioned as sacrificial victims (25.12.13; Act. Frat. Arv. (A.D. 86) 1,12,16, 17, 47 et passim) and Minuciuswaspresumably expected to sacrifice his gift. A mention of the bos auratus, not necessarily in connexion with Minucius (it might even have been a further precaution against the famine; 12. I I n.), would have stood in the Annales. 16. 3. undecimum . .. tribunum: so also Pliny, loco cit. It will have been the view of Valerius Antias. 16. 4. falsum imaginis titulum: 3. 72. 4 n. Was there an imago said to be of L. Minucius with an honorific inscription in the vaults of the Minucii? The subject of rifellit is cautum 'the proviso disproves the inscription' . 16. 5. Q.. Caecilius Q.. Junius Sex. Titinius: nothing else is known of them (3. 54· 13 n.) and one can neither affirm nor deny their existence. A M. Titinius was mag. equitum to C. Junius in 302 and the families were among the most prominent plebeian names. The mention of sex locis (16. 6 n.) suggests that they may have figured in the libri lintei as tribuni militum and been wrongly identified as plebeian tribunes. The parts assigned to them are pure invention. Servilium: 2 I. 4 n. 16. 6. sex locis: 7. I n. There were always six tribuni militum but they were not all necessarily invested with supreme authority. 16. 8. Mam. Aemilius: M.f., according to the filiation of his son M'. Aemilius (4. 53. I) but the father is not otherwise heard of; vir summae dignitatis indicates that he was the nephew of L. Aemilius, consul in 484 (2. 42. 2). Mamercus is an old praenomen in the Aemilii (Festus 116 L.; Varro, de Ling. Lat. 5. 73), from the Oscan; cognate with Mavors. It is also in common use as a cognomen in the Aemilian gens. See Klebs, R.E., 'Aemilius (97)'. L. Julium: TaLOr; in Diodorus 12.38. I. L. is right, he was later consul in 430 (4. 30. I). His filiation would be Vop.f. C.n. (2.54. 3).

4.15.

I

16. 1. Aequimaelium: or Aequimelium, an open space in the Vicus Jugarius at the south-east corner of the Capitoline, near the porticus Minucia. Cicero (de Domo 101; where see Nisbet's note) connected the name with aequum 'just' and not, as Varro (de Ling. Lat. 5. 157), with aequare 'to level'. 16. 2. bove aurato: this is what L. wrote (cf. Perioch. 4 L. Minucius index bove aurata donatus est) but what he understood by it is more than questionable. All other authorities referred to a statue-column: D.H. 12. 4. 6 UTaULV dvSpLaVTor; J!f;TJ¢>£UUTO ~ f3ov'\~ ; Pliny, NoH. 18. 15 (from Piso) 'L. Minucius Augurinus qui Sp. Maelium coarguerat, farris pretium in trinis nundinis ad assem redegit undecimus plebei tribunus qua de causa statua ei extra Portam Trigeminam a populo stipe conlata statuta est' (cf. 34. 2 I). Such a column with a statue is depicted on the coins oftwo moneyers C. Minucius Augurinus (150-125) and Ti. Minucius Augurinus (124-1°3) (see Sydenham nos. 49 2, 463; L. Cesano, Stud. Num. I (1942), 147). Momigliano has demonstrated that such a column and statue cannot be earlier than the third century (S.D.H.I.2 (1936), 374; G. Beccati (La Colonna Coclida 34-36) is too credulous) and was set up to commemorate the legendary great among the Minucii near the Porta Trigemina (or Minucia) since that was the site of their ancestral rites. 1 It follows that the statue-column is I H. Lyngby (Eranos 59 (1961),148 ff.) has argued from the emblems associated with the statue on coins that it represented Triptolemos, the family deity of the Minucii. His argument is elaborated in Eranos 61 (1963), 55-62.

4. 16.2

17-20. 4. A. Cornelius Cossus and the 'Spolia Opima' The story of A. Cornelius Cossus forms a separate episode which L. skilfully constructs to throw into relief the unprincipled wickedness of the Etruscans and the iustitia of the Romans. The story opens with the crimes of the enemy and the Roman preparations for war. The Etruscan state of mind, the distrust and foolhardiness which come from an evil conscience, is then sketched (18. 1-3), while the Romans rest 557

438 B.C.

438 B.C.

in the confidence of religious assurance (18. 6). In this spirit the forces meet and it is not till then that L. introduces with his favourite formula (erat tum . ..) the hero, A. Cornelius Cossus (19. I). His exploits, inspired by loathing for a ruptorfoederis humani violatorque gentium iuris (19, 3), are narrated to their conclusion, while simultaneous events on other parts of the field ofbattle are postponed to an appendix (19· 7-8 ). Of the truth of it there can be no doubt. The spolia opima and, doubtless, the corona aurea had existed for generations to see. The statues of the murdered ambassadors still stood and the Annales recorded a triumph over the Fidenates (20. I n.). The Tolumnii are a real family at Veii (17. I n.); the Cornelii would not lightly have allowed the memory of such a deed to lapse. Whether Cossus killed Tolumnius in 437 or in 426 or even as consul in 428 is more disputable (see on 20.5-1 I). L. took his material from the same source that provided the second war with Fidenae in 32 ff. and, since 32. 3 where Mam. Aemilius is said to have led the fighting at Nomentum is inconsistent with 22. 2 where that honour is given to Q. Servilius, that source is likely to be Valerius Antias (see also 20. 8 n.). A change of source at this point is indicated by the formal introduction in horum magistratu and by the citation of a variant (i.e. Valerius Antias) at 16.3. See Delaruelle, Rev. Phil. 37 (1913), 145-61; Burck 9&-97; J.R.S. 48 (1958),41. For references to discussions of the date and authenticity of the episode see 20. 5 n. 17. 1. Fidenae, colonia Romana: 2. 19. 2 n. Lartem Tolumnium: a sixth-century dedication at Veii is inscribed VelOur Tulumne Tresnu Zinace Mene Mul[... (Nogara, Not. Scavi, 1930, 327 f.) and an Etruscan Tolumnius is met in Virgil, Aeneid I I. 429 (L. A. Holland, A.J.P. 56 (1935), 21 I). (The claim made by Santangelo (Latomus 8 (1949),.37) and Ernout (Rev. Phil. 75 (1949), 157) that the third-century dedication also from Veii, L. Tolonio Ded Menerva, was set up by the same family, is shown by Weinstock to be untenable in default of other parallels for the change of Etr. -umn- to Lat. -on- (Glotta 33 (1954),30&-8).) See also 5. I. 3 n. [ac Veientes]: Ver. omits the words, rightly. Although not too much weight should be put on the fact that Priscian does not quote them (p. 149 K. Livius in IIlI a.u.c. Larte Tolumnio rege Veientium) , it is reasonable to ask whom else the Fidenates could have joined if they threw in their lot with Tolumnius. It is a typical gloss. 17. 2. legatos: 17. 6. A famous statue-group was said to have been set up to commemorate them, which still survived in Cicero's day (Phil. 9. 4-5 statuae steterunt usque ad meam memoriam in rostris ... atqui et huic (Cn. Octavio) et Tullo Cluvio et L. Roscio et Sp. Antio et C. Fulcinio

4. 17-20. 4

4.17.2

qui a Veientium rege caesi sunt ... mors honorifuit; cf. Pliny, N.H. 34· 23). It may be inferred that the statues were removed in the rebuilding of the rostra undertaken by Sulla. The earliest statues of particular men as opposed to gods seem to have been commemorative, one of the first being the group of Messenian boys by Calion of Elis (c. 450). A commemorative group ofthe murdered ambassadors thus accords both with the date and with the purpose of such sculpture (E. H. Richardson, Mem. Am. Acad. Rome 2 I (1953), 108) and the names of the ambassadors are credible. Four oratores were sent res repetitum before the fetiales. This fits our four legati. Fulcinius is a widely and early attested Etruscan name (Schulze 169). It is of no consequence that the Fulcinii seem to be plebeian. Cloelius TuUus, or better, as Cicero and Pliny write, Tullus Cloelius (Cluilius), could belong to the family of Cluilii prominent in this period (7. I; he might even be the same as T. Cloelius (Siculus); for the praenomen Tullus cf. 2. 35. 7). The third person is in doubt; Pliny calls him Sp. Nautius but the texts of Cicero print Sp. Antio. Nautius is certainly right. The Nautii are active and distinguished in the fifth century, whereas the Antii do not emerge until the first (cf. C. Antius, tr.pl. 68 B.C.). Ver. had Spuantium against No's Sp. Antium. Mommsen assumed a progressive error resulting from a simple metathesis (cf. 4- 54- 3 C. Appius for P. Papius). The real puzzle is L. Roscius. The Roscii are unknown before the first century but they stemmed from Lanuvium and Ameria, both very ancient cities, so that, although surprising, the solitary manifestation of a Roscius in the fifth century is not impossible. 17. 3. levant quidam: cf. 2. 4 I. I I invenio apud quosdam idque propius est fidem (HeUmann, Livius-Interpretationen, 18). propius est fidem (17, 5) shows that a variant explanation has been cited and therefore that the subject of levant cannot be the Fidenates trying to explain away their guilt (so Mommsen who followed Ver. in omitting quidam) but must be the rival historians. quidam and similar words are frequently dropped (cf. 4- 24. 6). tesserarum: cf. Val. Max. 9. 9. 3 'cum in tesserarum prospero iactu per iocum conlusori dixisset "occide" et forte Romanorum legati intervenissent, satellites eius errore vocis impulsi interficiendo legatos lusum ad imperium transtulerunto' What game was Tolumnius playing? Not ordinary dice (Becq de Fouquieres), because there is no trace of any such cry as occide ('<\ mort') in all the ancient references to dicing (Lamer, R.E., 'Iusoria tabula'). But the principle of the Roman game ludus latrunculi was, like chess, to corner your opponent's piece and eliminate it. The elimination was called 'death', where in English we would speak of 'capturing' a piece. Cf. Ovid, Ars Amat. 3. 358. The cry occide would be appropriate for 'capturing' the opponent's piece. Unfortunately the Roman ludus latrunculi does not seem to have been

55 8

559

438 B.C.

437 B.C.

played with dice. As in chess, each player moved alternately. The Greek equivalent (7T6'\LS), however, involved dice. R. G. Austin (Antiquity 14 (1940), 257) maintains a rigid distinction between 'games of the battle-type played without dice' (7TETTfda) , among which he classes the ludus latrunculi, and 'games of dice' (Kv{3Ela). Since 7T6'\LS was a battle-type game he argues that it too was played without dice and virtually identifies it with ludus latrunculi. The distinction is not a priori sound. Battle-types are found played both with and without dice. 'Campaign' and 'L'Attaque' are both fought out by contending armies but in the former the moves are governed by the throw of the dice, in the latter moves are made strictly alternately. Moreover, games which involved a combination of dice and moves were well known in antiquity (see Fraenkel on Aeschylus, Agamemnon 33) and such games could be classed indiscriminately under the general category of 7TETTEla or Kv{3Ela (see L.S.]. s.vv.). 7T6'\LS is, in fact, explicitly classed with the dice-games, Pollux links it with 7TEVrE ypaJLJLaL which used dice, and Eustathius (Iliad 1397. 45) calls it El86s TL Kv{3Elas. In other words 7T6'\LS and ludus latrunculi are not identical but differ on the fundamental question ofwhether the moves are dictated by the throw ofa die or not. Lars Tolumnius, an Etruscan, was, as might be expected, playing a Greek not a Roman game. A large quantity of dice have survived at Veii. J. Gage (R.E.L. 35 (1957), 224 ff.) attempts to 'rationalize' the story as having grown up from a misinterpretation oftesserae, militarysigns (7. 35· I, 9. 32. 4), or tesserae hospitales, the tokens from a proRoman party in Fidenae (Plautus, Poen. 1047 ff.; Cist. 503). But the game is Greek and the story is likely to have been taken over from an episode of Greek history, like Tarquin's poppies. 17.4. in errorem versumfacinus: 'or that, if it had happened in this way, the deed would not have been regarded as a mistake'. For deinde standing for a suppressed protasis cf., e.g., 33· 32. 3. 17. 7. tribunisque eius: L. normally writes either plebs tribunique or p. tribunique plebis (4. 7.8, I I. 4 et al.; see Drakenborch on 2. 56. I). Freudenberg's eius
17. 8. fusis hostibus: understand ex. See Burman's note on Suetonius Caligula 46. ' 17. 11. Faliscorum auxilio: Ver.'s word-order is certainly right; for the slip auxiliorum cf. 56. 3. For Falerii see 5. 26-27 n. 17. 12. qua sequi: Aemilius had crossed the Anio and taken up a position with his flanks resting on the Tiber and the Anio and his rear guarded by the confluence of the rivers. It was only necessary to place a rampart to protect his front. The text as it stands is meaningless. It can certainly not be translated 'throwing up a rampart between himself and the enemy wherever he found it possible to go on with the work' (Stephenson) : the enemy were not likely to molest him; nor, on the other hand 'son retranchement longeait les rives entre les deux cours d'eau la OU elles pouvaient etre fortifiees' (Baillet) -a futile proceeding since the rivers were ample fortification. Novak was surely right to recall 39. 2. 3 per rupes fugerunt qua sequi hostis non posset; the vallum would be dug in front of Aemilius' lines, where the Fidenates could carry through an assault. munimento looks like a gloss on vallo (cf. 1. 55. 9 n.). In consequence the conjectures of Drechsler, Madvig, and Karsten, as reported in the O.C.T., are unsatisfactory. Nor does Novak's own munimento
4· 17· 3

4.17.8

18. 2. Notice the emphasis on the psychological reactions of the enemy. 18.6. silentium: as always to signalize a key moment (3. 47. 6 n.). arcem: it is not possible to see the Capitol from the plain ofFidenae. ext auguribus: ex is wrong. The plain ab is required with tolli (4· 37· 9). The question remains whether ex is a simple mistake for ab by anticipation of ex composito or whether there is a lacuna such as ex <ea ab) postulated by Alschefski. ex would be the right preposition for describing where the signal was raised (cf. 4. 34. I signum ex muro tollunt) and the superflous -sae in N's admissae essent, where admisissent is confirr,ned as the right reading by passages such as I. 55. 3 or Plautus, ASln. 259, could well be the consequence of a transposition. On the whole Alschefski's reading best meets the demands of palaeography and of meaning. admitto in this sense is sacral. 18.7. simul ubi: the expression may be compared with simul ut (Cicero, Tusc. Disp. 4. 5) and should be retained (Rossbach).

19. 1. erat tum: 2. 33. 5 n. amplissimum: 2. 4 n. 19. 2. videret: a necessary correction of videt. For the combination of imperfect and pluperfect tenses cf. 814432

I.

5. 6, 3. 5. 8 n.

00

4. 19.3

437 B.C.

437 B.C.

19.3. Hicine: Brakman (1\1lnemo.ryne 56 (1928), 63) drew attention to the similarity of 22. 6. 3-4: the Insubrian Ducarius sees the consul Flaminius rallying the most closely contested part of the field and exclaims 'en hic est qui legiones nostras cecidit manibus peremptorum foede civium dabo'. The vow, which underlines the high purpose of Cossus' bravery, is the reverse of a Devotio where the general vowed himself and his own troops to the mo.nes (cf. ro. 28.13 f.). As such it is a traditional feature of stirring battle-accounts. Should en hic est be read here? mo.ctatam: 'I will sacrifice and offer this victim to the mo.nes'. Cf. 3. 58. I I (n.). 19.4-6. The actual encounter is described in simple, short sentences which graphically bring out the excitement; notice, e.g., terrore caesi regis hostes fundit with its plain, almost monotonous, dissyllables. The language, as in other heroic battles, is 'epic' to match. For resupino (not in Cicero, Caesar, or Tacitus) cf. Statius, Theb. 9. 312; Virgil, Aeneid 1.476 ; 3. 624. cuspis as a whole spear (not in Sallust, Cicero, or Nepos) is frequent in Ovid, Virgil, and Propertius. 19.6. locorum notitia: military, cf. Caesar, B.C. r. 3 r. 2. 19. 7. ut ante dictum est: 18. 4. All news oftheir operations is held back so that the main incident can be presented as a unity. 20. 1. triumphans: so also Lydus, de Mag. r. 38 . The fragmentary Fasti Triumph. preserve the entry mus an. CCCXVI us idib. Sex[t.] The early editors read the first letter as n and restored Mam. Aemilius M f. -no Mamerci]nus an CCCXVI dict. de Veientibus et Fidenatib]us idib. Sext. but Degrassi asserts that n is impossible and that m is the only serious candidate, which would certainly make the cognomen Maximus. One of the late chronographers gives the entry for this year as Fidenato et Maximo, whence Degrassi restores a suffect consul P. Valerius Lactuca Maximus and attributes the triumph to him. The reasoning is consistent but not compelling. Aemilius' defeat of the Fidenates was a celebrated event, quite apart from its connexion with Cossus' exploits, and it is hard to see where Lydus would have got his information if the triumphal Fasti attributed the triumph of this year to an otherwise utterly unknown figure. Further the Chronographer's Maximo is a simple corruption of Macerino. The two are constantly confused. If the -mus is correct, then the restoration: Mam. Aemilius Mf. -no Mamercus Maxi]mus at least raises fewer objections.

4.

20 • 2

20. 2. spolia opima: I. 10. I ff. n. carmina incondita: 3. 29. 5 n. 20. 3. celebritatis . . ·fructum: 27· 45· 5. coronam auream : 3. 29. 3 n. 20. 5-11. Digression on A. Cornelius Cossus The three problems posed by this notorious digression can be kept distinct and treated separately. In writing that omnes ante me auctores agreed that Cossus won the spolia opimo. as military tribune (in 437) L. exaggerates. At least two other traditions are known. One refers the exploit to 426 when he was magister equitum (Val. Max. 3. 2. 4; cf. Servius ad Aen. 6.842; 32. 4), the other also places it in 426 but designates him consular tribune (Diodorus 12. 80). The date was evidently fluid because there was nothing in the Annales to tie it down. Legend associated Cossus with Mam. Aemilius and Aemilius was listed twice in the records, as dictator in 437 and 426, and was credited with wars against Fidenae on both occasions, wars which need not necessarily be doublets. If the date was fluid so also was Cossus' rank. Perhaps the consular tribunate in Diodorus represents the oldest stage in the tradition, but we cannot be sure. Augustus' claim that he had inscriptional evidence that Cossus was consul when he won the spolia did not, therefore, contradict a uniform tradition. Nevertheless, his evidence is worthless and must be rejected. A linen corslet, even apart from the deleterious effects of sweat and blood, could not have survived intact for four hundred years in a temple which in its latter years was roofless and exposed to the elements. Even ifit could have, its authenticity is betrayed by the addition of 'Cos.' (in whatever form or with whatever meaning). On an original document of so early date the title praetor rather than consul would have been used and equally the suggestion made by Rutgers and Hirschfeld, that Cos or Coso was the cognomen Cossus misinterpreted by Augustus as consul, is invalidated by the absence of cognomina from early inscriptions. The inscription on the corslet is not original and cannot be used as evidence for early history. The most plausible hypothesis is that it was 'restored', perhaps at the time when M. Marcellus dedicated his spolia opima, and the inscription was brought into line with Marcellus' (but cf. Plutarch,

Q..R·37)· Secondly, it may be asked what Augustus' motive was in bringing a highly dubious piece of evidence to L.'s notice. An attractive suggestion of Dessau's connected it with a claim for the spolia opima made in 29 B.C. by M. Licinius Crassus, proconsul of Macedonia, who had defeated the Bastarnae in battle and killed their chieftain, Deldo. The claim was disallowed by Octavian, on the grounds that Crassus 563

437 B.C.

437 B.C.

was not the holder offull imperium (Dio 51. 24.4), but the reason was his fear of being overshadowed by Crassus. The spolia opima of Cossus would have provided Crassus with a clear precedent, unless it could be shown that Cossus was consul and not a mere military tribune. There were thus vital political motives to influence Augustus' reading of the inscription and when the temple was rebuilt no doubt the inscription was visible for all to see. Thirdly, the passage raises a question about the date and composition of Book 4. If the arguments given above are right, L. was given the information by Augustus not earlier than 29 B.C. and a somewhat later date is indicated by the use of the title Augustus Caesar which Octavian assumed on 16 January 27 B.C. A date of 27-26 B.C. might, therefore, be proposed for the composition of the digression, but the digression was inserted subsequently. This follows not simply from the fact that L. relates the story of Cossus without any initial qualms and only poses the difficulties afterwards: the habit of adding qualifications and doubts after a story is a fixed technique (cf. 10. 5. 13, 17· I 1,26.6 f.). But 32.4 qui priore bello . .. intulerit is written without any knowledge of the digression and, similarly, 20. 9 imbelle triennium presupposes that the narrative of 30 has already been written. If, then, the digression was written in 27-26 and was inserted into a narrative that had already been composed, we might be tempted to believe, with Syme, that the Books 1-5, and Book 4 in particular, had been written several years earlier. The temptation should be resisted. There are certainly no traces of any other such insertions and no evidence for Bayet's hypothesis of two 'editions' of the Books 1-5. Finally, it casts some interesting light on L.'s relations with Augustus. L. says that it would be sacrilege not to accept the evidence which Augustus produced and yet takes no steps to alter his own narrative. There is no rewriting, no deletion: the sensational discovery is put in a footnote. L.'s ties with the imperial house were close and personal (Introduction, pp. 2 ff.) but he remained politically uncommitted. He could afford to neglect the historical niceties which meant so much to Augustus and so little to himself. See Rutgers, Variarum Lectionum Libri Sex (1618), 346; Perizonius, Anim. Hist. ch. 7; Soltau, Hermes, 29 (1894),61 I ff.; Dessau, Hermes 4 1 (1906), 142 ff.; Hirschfeld, Kl. Schriften, 398 ff.; Beloch, Rom. Geschichte, 298ff.; Last, C.AB. 7.507; G. Hirst, A.].P. 47 (1926), 347 ff.; Cichorius, Rom. Studien, 263 f.; Klotz, R.E., 'Livius', col. 836; J. D. Bishop, Latomus 7 (1948), 187 ff.; Syme, Harvard Studies in Class. Phil. 64 (1959),43-4 6 . 20. 6. dux: 3. I. 4 n. Festus 204 L. quotes a reputed law of Numa: 'cuius auspicio classe procincta opima spolia capiuntur lovi Feretrio darier oporteat'.

Cossum: 'wormy' ; the cognomen is descriptive ofpersonal appearance; cf. Paulus Festus 36 L. It has nothing to do with the Cossii, Cossidii, or Cossuttii (but see Schulze 519). Rutgers argued that the inscription read A. CORNELIO M.F. cos. It is likely that the cognomen would have been inscribed if the inscription was 'restored' c. 200. 20. 7. conditorem ac (aut 1TA) restitutorem: Augustus founded some and restored others. So Ovid, Fasti 2. 63 templorum positor, templorum sancte repostor. ingressum: Augustus presumably visited the temple in company with Atticus at whose suggestion the work of restoration was undertaken (Nepos, Atticus 20. 3). Atticus died on 31 March 32 B.C., so that an interval of at least five years must have elapsed between the first visit and the communication of the evidence to L. It is not known w hen the restoration was carried out or completed. It may have been a lengthy operation. The temple was roofless, according to Nepos, and Augustus classes the work as new construction, not rebuilding (Res Gestae 19; cf. ipsius templi auctorem below). Cosso: Cossum N, by assimilation to sum. 20.8. quis ea in re sit error: existimatio communis means 'it is up to everyone to make up his own mind' and is invariably used with an indo question (23. 47· 8; cf. 4. 41. 2,34· 2·5). The manuscripts' qui si . .. error cannot, therefore, be defended as Conway proposes (C.Q.. 5 (19 II), 8: 'but if the cause of doubt about this should lie merely in the fact that the annals mention Cossus only as consul seven years later, that is a problem which I do not profess to explain but which everyone must settle according to his liking'). The sense must be: 'the reader can decide for himself how the mistake came about that the authorities date Cossus' consulship seven years later', i.e. quis . .. error (Gronovius). libri quos linteos: editors, comparing 7. ra, have wished to include a reference to the other libri magistratuum besides the libri lintei (libri librique quos Mommsen) but such precision is misguided. The libri lintei were libri magistratuum. septimot post demum anno: the year is 437 B.C. (A.V.C. 317). Cossus' consulship is given by L. (30. 4) as falling in 428 (A.V.C. 326), that is decimo ... anno, but the chronology of these years is inextricably confused. Two other oddities need to be considered. Licinius Macer repeated the consuls of 435 in 434 (23. I), where Valerius Antias listed oM. Manlius and Q. Sulpicius as consuls. The discrepancy could be explained by supposing that Licinius had fused the lists of two earlier years (('g. the consular tribunes and consuls in 444, if they had really belonged to 444 and 443 respectively) and as a result was left with a spare year at 434 which he filled by repeating the college of 435. That explanation, however, does not account for the difficulties of 444 565

4.20.6

437 B.C.

437 B.C.

(7. 10 n.) and no reason is advanced why Licinius should not have felt the missing year until 435. It is, therefore, necessary to consider also the fact that 3 I. I (T. Quinctius Poenus ex consulatu) implies that Quinctius was consul in the year immediately preceding his consular tribunate, but, in L., Quinctius is consul with Cossus in 4 28 (3 0 . 4) and another consulate, that of C. Servilius and L. Papirius (30. 12), intervenes before his consular tribunate. There are no grounds for disputing the text. Any explanation must rather start from the fact that L. is using different sources which gave different magistrate lists. If the source of 31. I (Licinius Macer) omitted the consular of C. Servilius and L. Papirius, Quinctius' consular tribunate would follow directly on his consulate but in consequence Licinius would have lost a complete year from his chronology unless he had reduplicated a year earlier which is precisely what we find. The list may be conjecturally set out as follows: Licinius Macer Valerius Antias 435 C. Julius II C. Julius II L. Verginius L. Verginius 434 C. Julius III M. Manlius L. Verginius II Q. Sulpicius

20. 10. tertius: 3 I. I ff. 20. 11. The a.C.T. punctuation and interpretation must be supposed to mean: 'you may conjecture what you like; but in my view whatever opinion you form is pointless (lit. you may revolve pointless things to all opinions) since Cossus would not have courted sacrilege by calling himself consul unless he was consul'. But vana versare licet cannot = vanum est versare etsi licet. The passage should be compared with 29. 6 nec libet credere et licet in variis opinionibus: the object of versare must be understood as the date of Cossus' exploit. Repunctuate: ea libera coniectura est sed, ut ego arbitror, vana 'that is legitimate speculation, but, in my view, pointless. You may subject the matter to every opinion (for versare in omnes cf. I. 58. 3) although Cossus himself at the risk of sacrilege called himself consul'. The sense demands that cum = 'although' not 'since'. My interpretation is founded on the excellent note by J. Walker, Supplementary Annotations.

4.

20.

8

4.20. 10

Rostus Lucretius 4 2 9 L. Papirius L. Julius L. Sergius II 428 Rostus Lucretius A. Cornelius Cossus L. Sergius II T. Quinctius Poenus II 427 A. Cornelius Cossus C. Servilius T. Quinctius Poenus II L. Papirius 426 T. Quinctius Poenus T. Quinctius Poenus C. Furius C. Furius M. Postumius M. Postumius A. Cornelius Cossus A. Cornelius Cossus The confusion must have arisen from disorder or disarray among the tabulae dealbatae, which could have been inferred from the uncertainty whether there were consuls or consular tribunes in 434 (23. 2 n.) and from Diodorus' insertion of a college of consuls (L. Quinctius and A. Sempronius), probably misplaced from 425, between 428 and 427 (Diodorus 12. 77. I). See also ].R.S. 48 (1958),45-46. What light does that solution, if accepted, throw on the corrupt septimo? If the digression was inserted after the text of 20-30 had been composed, L. is unlikely to have looked farther afield than his own history to establish when Cossus' consulship was and since on L.'s own showing that consulship was in 428, we should read decimo here. Poeno: 26. 2 n. 20. 9. imbelle triennium: 29. 7-30. 16.

21-30. Annalistic Narrative, 436--427 B.C. The First Battle of Fidenae The narrative continues on 20. 4 but in the succeeding chapters there is little unity of story and no attempt to combine the scattered notices in an over-all picture or by a common thread. The Annales were rich in details for the decade but in the absence of some great personality or some stirring legend the material could not easily be worked up into history. The contradiction between 22. 2 and 32. 3 indicates that he reverts to Licinius but variants are cited at 21. 10, 23· 2, 24. 9, 26. 6, 29· 5· See Burck 97. 21. 1. M. Comelio: M.f. L.n., a brother of Cossus. Ris praenomen is given as A~'\o, by Diodorus 12.46. I. L. Papirio: a brother of the consul of 44 I (12. I). 21. 3. Sp. Maelio: probably a doublet of his famous namesake (13, I n.). The accusations are presented in characteristically Republican terms. Forfalsis criminibus circumventum cf. Sallust, Catil. 34. 2 ; for caedem civis indemnati see 3. I I. 5 n. favore nominis: cf. Tacitus, Rist. 2. 72. I ; Justin 15. 2. 3 (Fletcher). de publicandis bonis: one tradition, given by Cicero, de Domo 86, and Val. Max. 5. 3. 2, held that Servilius Ahala was condemned by the comitia centuriata and went into exile (Mommsen, Rom. Forschungen, 2.212 n. 127). It was a Gracchan gloss on the law that no one should be put to df'ath without a trial, however self-evident the merits of the case. 21. 5. vis morbi: 3. 2. I n. prodigia: 3. 5· 14 n. duumviris praeeuntibus: 5. 13. 5 n. Understand carmen with praeeuntibus. The priests led the way in the chanting or recitation of the

566

56 7

435 B.C.

435 B.C.

solemn prayer. The type of prayer is illustrated by Festus 230 L. ; Cato, de Re Rust. 141. 3; Plautus Mere. 679; and the style can ~e detected in the archaic collocation salvus and sanus (Plautus, Amph. 730; Mere. 889), characteristic of such prayers. 21. 6. C. Iulio iterum: 3. 65· 5. L. Verginio: Opet.f., a son ofthe consul of 473 (2.54.3), but Diodorus gives the rarer praenomen Proculus (12.49. I) which would make him a son or grandson of the consul of 486 (2. 4 I. I). See Gundel, R.E., 'Verginius (14)" tantum metum vastitatis: there is no need to alter the text. (t. metus et vastitatis Conway; tantum metum, vastatis urbe agrisque Seyffert). The gen. of the thing feared is common (cf., e.g., Cicero, Verr. 5. 160) and for metumfacere cf. 9. 41. I I. 21. 9. in aede Q.uirini: the temple of Quirinus on the Quirinal hill to which it gave its name was not vowed till 325, by L. Papirius Cursor, and not dedicated till 293 (10. 46. 7; Pliny, N.H. 7. 2 I 3) but there may have been an older temple on the same site, for Pliny (N.H. 15. 120) regards the shrine as among the oldest in Rome and Festus 303 L. speaks of an archaic sacellum Q.uirini (see Platner-Ashby s.v.). Meetings of the Senate could be held in any augurated building and in later times the choice was sometimes dictated by superstition and consideration of the business to be transacted (e.g. the critical discussion on the riots of 103 was held in the temple of Fides Publica (Appian, B.C. I. 16) : declarations of war were often proposed in the temple of Mars Ultor) and sometimes by proximity to the consul's house (e.g. in 63 at the temple of J uppiter Stator near Cicero's (in Catil. I. I I) and in 44 at the temple of Tellus near Antony's house (Appian, B.C. 2. 126)). Either factor might have been operative here. Quirinus was a suitable deity to preside over the election of a dictator in a time of military crisis and his temple was the nearest to the Porta Collina. No other session is recorded in the temple. 21. 10. Q.. Servilium: he must be the same as Q. Servilius P.f. Sp.n. Priscus Fidenas, dictator also in 41 8, whose name and filiation are given in full by the Capitoline Fasti under that year and who was elected augur in 439 (I.L.S. 9338. 2 Q..Ser]vilius P J ..). He was a leading figure in his generation (26.7,30.5,45. 5,46.4-1 I, 48.10), but never reached the consulship although his father held that office in 463 (3. 6. I n.). The manuscripts, both Ver. and N, conspire on the praenomen A. but that can hardly be even what Licinius Macer or the libri lintei wrote. Aulus only figures once as a praenomen among the Servilii (C.I.L. I. 1384 (first c. B.C.)) and Q. and A. are easily confused in uncials. The doubt about the cognomen is more instructive. Different branches of families were from early times distinguished by nicknames but the practice only became regular after the third century and was not

systematized until the first. The cognomina of fifth-century persons were, therefme, largely whimsical. The Servilii were distinguished from one another by several names. The first Servilius Priscus, like Tarquinius Priscus, was so called because he was the oldest of the family, and other members of the family were named Ahala (13, 14 n.) or, as here, Structus (the exact meaning of the name is uncertain; ? from struo = 'well-built', 'large', a physical description). In editing the Fasti and listing each person with tria nomina, scholars had no sure evidence to work on and the attribution of names for the early period was inevitably arbitrary. P. Servilius, the consul of 495, is named in the Fasti Priscus Structus. His son, Sp. Servilius, the consul of 476, is plain Structus in the Fasti, but his grandsons P. and Q., consuls in 463 and 468, are called Priscus in the Fasti and Structus in Diodorus (I I. 79. I, 7 I. I). The present dictator is listed as Priscus Fidenas in the Fasti, but appears as Priscus in 26. 7 and 46. 10. We may note the variant traditions but can build nothing from them. permittente ... nocte: dictators were always appointed at night (57· 5, 8. 23· 15, 9· 38. 14, 10. 40. 2 ; Dio fr. 36. 26), a survival from a time when the consuls could only leave the front after dark. Helvam: I I. I n. The name is formed from helvus 'light brown', referring to the colour of his hair (cf. Rufus). Helvium read by Ver. and 1T'\ is a nomen not a cognomen. The Nicomachean editors had already made the right correction (helvam helvium M; cf. I I. 5). 22. 1. ex aerario: 3. 69. 8 n. 22. 2. subiit: Ver. rightly: an intrusive historic indicative would be out of place. Nomento: I. 38. 4 n. Fidenas: the method by which Fidenae is alleged to have been captured is a doublet of the more celebrated surprise of Veii and the capture is remarkably ineffective since Fidenae, although deletae (25. 8), shortly afterwards is in a position to rebel (30. 5, 31. 7 ff.). Such considerations have led many scholars to infer that the camraigns have been reduplicated (Seemuller, Die Doubletten in der Ersten Decade; Last, C.A.H. 7. 507-9) and even that Servilius' dictatorship is unhistorical. Scepticism is unwarranted. It is only too likely that military details were used more than once to fill out a bare notice and that the taking of an Etruscan city by means of a cuniculus was a story remembered more for the strategem than the locality. But in the long struggle with Veii which culminated at the end of the century the Etruscan enclave at Fidenae was always the strategical key (Richter, Hermes 17 (1882), 433 ff.). The ground would have been contested several times and no one engagement proved decisive. The annals of these years, then, must have contained numerous references to battles with the

568

569

4·

21.

5

4.

21. 10

435 B.C.

434 B.C.

Fidenates, and it was good psychology to choose a Servilius whose family, like their cousins the Sergii, originated from Fidenae, to manage Rome's affairs at that juncture. 22. 4. ab aversa parte: adversa (codd.) pars is only used in L. of political parties. A general would select a spot where the enemy's concentration was not directed. Vel'. reads ..... perL that is, urbis permaxime: permaxime is a late and vulgar interpretation of maxime. cuniculum: 5. 19. 9- I I. There are no visible traces of cuniculi as there are at Veii. 22. 6. a castris : deleted by Conway and Bayet on the strength ofits omission by the manuscript L. The deletion makes nonsense of the principles of manuscript tradition and since the words, to be taken with erecta ... est (ef. 9. 24. 7), cannot be faulted on grounds oflatinity, they should be retained. A similar interlacing occurs in the next sentence (a periculo with intentis), where the purpose is to contrast vanas and certo. 22.7. Furius: 12. I n. M. Geganius: 3· 65· 5. villam publicam: since the census was no longer the responsibility of the consuls but was entrusted to a special magistracy, it was necessary to build headquarters for the censors when they were engaged on their functions (Varro, de Re Rust. 3. 2; Apuleius, Apol. 17). The campus Martius was the obvious site and a building was erected near the Saepta (Cicero, ad Att. 4. 16. 8) and the Circus Flaminius (Plutarch, Sulla 30). Enlarged in 194 (34. 44. 5) and again in 34 by Fonteius Capito, the villa publica is depicted on a coin of Fonteius (Sydenham no. 901). See Platner-Ashby s.v.; Makin, J.R.S., 1921,26. 23. 1. Macrum Licinium : Vel'. inverts the order. The data are assembled and discussed by Lahmeyer, Philologus 22 (1865), 469-94 and]. Curschmann, Zur Inversion (Progr. BUdingen, 1900),55-61; ef. Axtell, Class. Phil. 10 (1915), 392 ff. It emerges that the use of nomen and cognomen (without praenomen) by themselves and, particularly, inverted is a form of reference confined by Cicero to intimate friends or despised enemies. The observation holds good for L. also who used the plain nomen and cognomen inverted either to refer to his sources (so more nearly contemporary than the historical characters they deal with), e.g. Antias Valerius (3. 5. 12), Macer Licinius (20. 8, 7· 9· 4, 9· 38. 16, 46. 3, 10. 9. 10), or to throw a special emphasis on the cognomen in order, for example, to distinguish one member of a gens from another (46. 10-12 Q. Servilius Priscus ... alii Ahalam Servilium scribunt; ef. I. 39. 5,46. 4, 47· 2, 57· 6, 2. 2. 3,4· 18.5,41. 12,6.18·4, 9. 15· I 1,38. 9)· L. only uses the order Licinius Macer once (7. 12), where he introduces the name for the first time. On both scores, therefore, of familiarity and to produce the chiastic M. L. ... Valerius Antias, N's order is to be preferred. See Weissenborn on 26. 22. 13.

Valerius Antias et Q. Tubero: for Q. Aelius Tubero, see Introduction, p.16. (I see nothing to be said for the conjecture atque for et Q., intended to make Tubero apply to the father: so Soltau, Hermes 29 (1894),631 ; Klotz 209; Bayet; A. Piganiol, Scritti . .. B. Nogara, 1937, 378 n. 3; Gelzer, Gnomon 18 (1942),229. L. does not use atque before t (FUgner, Lexicon, 180. 10) and a praenomen is demanded by the formal balance of the sentence. Vel'. clearly read Antias et Q.) M. Manlium: his filiation cannot be determined; see the stemmata proposed by MUnzer, R.E., 'Manlius', cols. 1158, 1166. Q. Sulpicium: 27. 9; Ser.f., a son of the consul of 461 (3. 10. 5), if Ser. Sulpicius Q.f. Ser.n. Camerinus (cos. 393; 5. 29. 2) is rightly identified as his son. consules: Licinius is wrong. The confusion is to be connected with the entry of three consular tribunes (Manlius, Sulpicius, and Ser. Cornelius Cossus) in Diodorus (12. 53. I) and, possibly, the Capitoline Fasti, which was also known to both Valerius and Licinius. The records were evidently damaged or obscure. 23. 3. placet [et]: Muretus; placuit Vel'. placuit would give L. 's own opinion ('Licinius was doubtless content to follow the libri lintei'; so lung) but haud dubie must be taken with sequi, and consequently placet is required to express Licinius' resolve to follow the libri lintei without hesitation. The corruption in Vel'. may be due to the preceding -uil-. N's dittography is characteristic. incertus veri: not, as Klotz supposes, doubtful of the authenticity of the libri lintei but doubtful which of the suggested colleges was historically right. cooperta: Mommsen's correction of N's incomperta by the clue of Ver.'s conperta is not indisputable. incompertus 'uncertain' is common enough (9. 26. 15, 10. 40. 10, 28. 3. 12; Aetna 547-8) although the abl. is not found with it, whereas coopertus with vetustate would be unique here (but ef. Sallust, Catil. 23. I ; Jugurtha 14. I I). 23. 5. duodecim populos: 5. 33. 9 n. ad Voltumnaefanum: 25. 7,61. 2, 5. 17.6,6.2.2. The location and the nature of the goddess are nowhere else discussed. Since the League of Twelve in imperial times met aput Vulsinios (C.I.L. I I. 5265), it has been generally held that the shrine of Voltumna was in the territory of Volsinii and the site has been looked for in the vicinity of Mte. Fiascono or Orvieto. The evidence is scarcely compulsive but may get some support if the local god ofVoIsinii, Vertumnus (ef. Propertius 4.2. 2-4), be regarded as a male counterpart ofVoltumna. Such dual deities are frequent. See L. R. Taylor, Local Cults in Etruria, 230-1 ; ]. Heurgon, Historia 6 (1957), 88; Eisenhut, R.E., 'Vertumnus'. 23.6. A. Postumius Tubertus: Tubero N, wrongly from Tubero in 23. 3.

570

57 1

4·22.2

4.23.

I

434 B.C.

434 B. C.

Tubertus (? from tuber 'warty'; cr. Verrucosus) was a cognomen of the Postumii (Cicero, de Leg. 2. 58), in particular of P. Postumius, the consul of 503 (2. 16. 7), presumably grandfather ofA. Aemilius' dictatorship and, in consequence, Postumius' office as mag. equitum have been called into question (17, I) as duplication of a single event. It is argued that Postumius is listed so as to provide him with a preliminary office before the dictatorship, after the manner of later promotions. That is possible but cannot be demonstrated. Since there are some authentic facts from these years and since his dictatorship (see below on 26. I I -29) established that Postumius was an historical figure, I would accept the account as also emanating from archival sources. proximo: 35. 21. 5.

populi as always in Latin (1. 35.6,3.63.8, g. 40. 2 I, ro. g. I ; Suetonius, Domitian 13 et al.). Quirites, quam ... placeant: [quam] ... placere V er., a reading known also to the Nicomachean editors, for M has placeant reo Nobody doubted Aemilius' distaste for long commands: what might be at issue was the degree to which he was prepared to carry that distaste i.e. quam . .. placeant. Ver.'s error arose from an attempt to construe the sentence after the omission by haplography of quam. 24. 7. tribu moverunt ... aerarium fecerunt: the censors had two sanctions to impose on offenders. They could exclude a man from his tribe and enrol him in the tabulae Caeritum (); Cicero, Verr. p. 103, Orelli) thereby depriving him of the right to vote, or after 304, in one of the four urban tribes, where his vote would be swamped and would count for nothing (45. 15.3-4). A man so punished would still be liable for tributum and military service. Alternatively, the censors could allow him to retain his tribe but would list him as in a special category of aerarii, who were evidently compelled to pay extra high taxation, apart from or in addition to tributum. That the two sanctions were distinct and not, as Mommsen argued (Staatsrecht, 2.402-3) on the assumption that all who did not belong to tribes were aerarii, the same, is shown by their separate mention (aerarium facere in Varro ap. Non. Marc. 280. 35 L.; Aul. Gell. 4. 12. I ; 4. 20. I I ; tribu moveri Aul. Gell. 16. 13. 7; ); Horace, Epist. 1. 6. 62). But most offences merited the double penalty. Most scholars reject Aemilius' punishment as anachronistic, based perhaps on the buffoonery of the year 204 (29, 37). But if the censors are genuine it is at least as likely that a record of their actions would have survived also. See the full discussion by P. Fraccaro, Athenaeum I I (1933), 150-72.

4.23. 6

24. 2. mercatoribus: trade with Etruria seems to have closed down in the late half of the fifth century. Imported Attic pottery and Etruscan terracotta cease after 450. There remains, it is true, the corn trade but that only flourished in time of crisis. The detail, therefore, sounds anachronistic, as is borne out by the tendentious account of Aemilius' dictatorship. The limitation of the censorship to eighteen months came about ipso facto. The censors had a definite job to do. When it was completed, their raison d'etre ended. negare: cf. 5. I. 6. communicati: despite Novak's attempt to justify a deponent use (cf. Vell. Pat. 2. 117. 4; Bell. Afr. 94· I; Val. Max. 4. 1. 7), an active, transitive communico only is found (see Thes. Ling. Lat. s.v., NeueWagener 3.32). Emendation is required. Jac. Gronovius's communicare non sirint is palaeographically neat, but Milller's communicare noluerint gives better sense. 24. 4. magna imperia diuturna: few Romans reading this could fail to be reminded of their recent history. The lengthy commands of Marius and Sulla, of Pompey and Caesar, and, more, lately, of the Triumvirs had brought Rome to the verge of collapse. 24. 5. quinquennalem: 'continuing for five years' not 'renewed every fifth year, i.e. continuing for four years'. The word is used with both meanings; see C. dall'Olio, Studi di Filologia Class. 6 (Bologna, 1959), 49-52. The original censors were probably elected on an ad hoc basis, the five-year period gradually becoming established by convention. grave esse: gra ..... eVer. confirms Gronovius's correction. magna parte: taken by Conway to mean 'in a large part, in many spheres, of their life', but the whole emphasis of the passage is on duration. Madvig's magnam partem is certain. Cf. Tacitus, Agr. 3 per quindecim annos, grande mortalis aevi spatium. 24. 6. consensu ingenti populi: consensu populi ingenti Ver. The divergent word-order results from the misplacing of ingenti. Read ingenti consensu

572

4. 24. 6

25. 1. contentionibus: N's telescoped contionibus would require the tribunes to have held continual meetings of the tribal assemblies in order to stymie the patricians and prevent the holding of the comitia centuriata. For although there was no constitutional bar against both assemblies being held concurrently (Mommsen, Staatsrecht, 2. 289 n. 4), no one would attend the centuriata. Cf. 3. 52. I, 65· 5, 4. 6. 3· 25.2. nullumfuit: Bayet adopts nullius (Drakenborch) but Petrarch's nullum will have come from a fl-source and M itself had the same reading. M. Fabius: 11. 1. M. Folius: the pontifex maximus of 390 (5. 41. 3) whose grandson was consul in 3 I 8 and three times magister equitum. The family is otherwise unknown. The name suggests a Sabine rather than an Etruscan origin (Foslius in the Fasti). L. Sergius: 17· 7.

573

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432 B.C.

25. 3. pestilentia: 3. 2. I n. aedis Apollini: dedicated in 43 I (29. 7), damaged by the Gauls (ef. Dio fro 49. I) and rebuilt in 353 (7. 20.9). It was situated between the Circus Flaminius and the Forum Holitorium, outside the pomerium, because the cult was foreign, and so often served as an extra-pomerial meeting-place of the Senate. The site has been excavated but no traces of the earliest construction can be recognized (Colini, Bull. Comn. Arch. 68 (1940), 9-40). The origin of the cult itself is obscure. There may have been an earlier shrine on the spot (3. 63. 5 n.), but the name, Apollo Medicus (40. 51. 6), indicates a direct connexion with the series ofplagues which had devastated Latium and the Mediterranean during the late 43o's. It was certainly prescribed by the libri Sibyllini (25.3) and the Cumaean provenance of the Sibylline books taken in conjunction with the expedition to Cumae this year in search of corn, might suggest that the cult, like that of Demeter, came from Cumae. A Cumaean Apollo is mentioned several times (Jul. Obsequens 28: ef. Augustine, Civ. Dei 3. I I ; J ul. Obsequens 54; Cicero, de Divin. 1.98) but seems to have been more prophetic than healing. Etruria and Sicily have also been canvassed as possible sources. See J. Gage, L'Apollon Romain, 19-113; Latte, Religionsgeschichte, 22 I ff. 25.4. Etruriam . .. Siciliam: 2. 34. 2 n. 25. 5. L. Pinarius Mamercus: a son of the consul of 472 (2. 56. I). The Fasti gave his cognomen as Mamercinus but, as with the Aemilii, both forms are found. Varro ap. Macrobius 1. 13. 21 cites an antiquissimam legem incisam in columna aerea a L. Pinario et Furio consulibus which may date from their office. L. Furius Medullinus: 44. In., 51. I n. Sp. Postumius Albus: 27. 8, 28. 6, 8, a son of the consul of466 (3. 2. I). 25. 8. prolatae in annum: a transparent device to get round the awkwardness that nothing was in fact recorded in the annals for this year. The Etruscan assembly at the fanum Voltumnae was hardly an item to be entered in Roman archives. cautum: 5. 1. 3 n.

-admits that the law does not sound very credible. Steps to combat the abuses of ambitus were o,nly taken seriously in the second century (40. 19. I I ; Epit. 47) and the first move is precisely dated to 358 (7. 15. 12). It is more likely that an entry-e.g. album proscriptum-which referred to the censors' compilation (ef. the later album iudicum, album senatorium) has been distorted to provide historical precedents for action against canvassing. If that is right it tends to confirm the historicity of the notice about Mam. Aemilius. For similar distortions ef. 12. I In. L. sets the scene for it by describing secret meetings of positively Catilinarian sinisterness. For coetus indicere ef. Cicero, in Catil. I. 6; for secreta consilia Cicero, ad M. Brutum 2. 3.5; for ad honorem aditus see 5.5 n.; for purgare plebem ef., e.g., Cicero, pro Sulla 14,36,39; for culpam ... vertere ef. Verr. 2. 49; for obsaeptum ... iter ef. pro Murena 48; for respirare ef. pro Milone 47. 25. 11. sordere: 'to be slighted'. It is a good touch for plebeians to use coarse and plebeian language. In this sense sordeo is only found here in L. and only sparingly in other authors. Thus Plautus (Poen. I 179) and Horace in an Epistle (1. 11. 4). Virgil, significantly, employs it once in the Eclogues, to achieve a very similar effect (2. 44 sordent tibi munera 'nostra). 25. 13. petitionis causa liceret: p. liceret causa N. causa is only separated from the noun it governs by pronouns (ef. Plautus, Poen. 551). 25. 14. inritatis animis: for Ver.'s haplography ef. 54. 8 n.

4.25. 3

4.25.

II

The Fasti continue to be used as raw material for inventing political struggles. The paucity of actual facts forced annalists to build an elaborate superstructure on the apparent oscillation between consuls and consular tribunes and fit into it any other scraps they could assemble. The law against whitening clothes must be a misinterpretation of some notice in the annals. The wearing of white clothes by candidates (hence their name; see Casaubon's note on Theophrastus, Characters ro. 14) continued uninterrupted and L. himself-parva nunc res

26. 1. causa fuit: there was only one cause. 26. 2. T. Quinctius: 30.4,31. 1,44. I n., son of the great dictator. His cognomen Poenus is bizarre. Both Ver. and N agree on it here (ef. 20. 8, 30. 4, 31. I) so that it is hard to doubt that this was what L. wrote. Poenus could only be 'Carthaginian' which would be too anachronistic even to be ascribed to him retrospectively. Pennus, on the other hand, a cognomen also of the J ulii, would be in line with other names-pennum antiqui acutum dicebant. L. or his source probably converted Pennus into the more familiar and trivial Poenus. et C. Iulius Mento: praenomen is given as Tatos by Diodorus 12. 65. I. Cnaeus was not employed by the gens Iulia. The source of the corruption in N (genus M gneus 7TA) can be seen in Ver.'s interpolated genucius en. The cognomen Mento = 'long-chin' (Arnobius 3. ro8). He may be a cousin of the mag. equitum L. I ulius (26. I I ). 26. 3. lege sacrata: 7. 41. 4, 9. 39· 5 (Etruscan), ro. 38. 3 (Samnite), 36.38. I (Ligurian): ef. 22. 38. 2. L. alludes to what was manifestly an Italic practice whereby all able men who failed to report for military service were declared sacer. Fighting was a religious duty. See F. Altheim, Lex Sacrata, 11-29. eos: sc. Volsci and Aequi.

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The Lex de Ambitu

4.26.4

431 B.C.

431 B.C.

26. 4. ante: antea Ver., rightly for quam unqllam antea is invariable (5· 23· 4, 30 . 33· 4, 36. 15· 4) except where alias follows (1. 28. 4, 3 2 .5. 8 ). 26. 6. pravitas: The divergence of opinion whether the dictator was elected for political or military reasons reflects the same dichotomy that was seen over the consular tribunate (7. 2). Valerius will again have contained the variant. 26. 7. nec in allctoritate senatus: the process by which Postumius was chosen reflects the constitutional wrangles of the second century. The dictator was nominated by a consul on assumption of a state of emergency. Who decided whether a state of emergency existed was a matter of dispute. By the third century the Senate had arrogated to itself the right to determine this (O'Brien Moore, R.E., Suppl. 6. 755) but refractory consuls endeavoured to defy the Senate (8. 12. 9 fr.; Per. 19; Suetonius, Tib. 2) and historical 'precedents' such as the present case were no doubt invented and invoked (cr. 56. 8-57. 6). See also A. H. MacDonald, ].R.S. 34 (1944), 16. For the general question of the consuls' relations with the Senate see I. 17. I - I I n. The tribunes had, of course, at no time any right to imprison the consuls.

polation have occurred, it must have happened at a very early date, for the documents from which the Triumphal Fasti were compiled contained a record of the triumph. Ovid describes it and even quotes the day (Fasti 6. 723 ff.; 13 Kal. Quinct.). The whole sceptical view is based on a misconception of how the falsification of history was worked. There may be some chronological imprecision, although Diodorus' Fasti for these years are just as wayward as L.'s and are less reliably transmitted, but there are also hard-core facts (e.g. 26. 12 iustitium; 27. I ludi magni, and the plain allusion to A. Cornelius as pontifex) which it was in no one's interest to fabricate. Given the plain details of the dictatorship, the legendary encounter with Vettius Messius, and the killing of the son, the historian was not hard pressed to embroider them. The army is expanded into several divisions and the names culled from the neighbouring Fasti to command them (27. 8-9). The preliminary engagements are given to specific areas without undue regard to geographical probability (27.3 n.). The whole campaign is then decked out with circumstantial details (e.g. 26. 12,27. 12,29.3,29.4). There was little left for L. to add. What he did was to make the engagement one of his Homeric Battles, like Regillus or the Battle with the Etruscans (2.45-47). The comparison with Regillus is illuminating, for in both battles the lead is taken by a Postumius. The technique is the same throughouta blend of epic and military language, coupled with loans from Homeric situations (28. 4 n., 28. 5 n., 28. 7 n.). See Burck 99; H. Plathner, Die Schlachtschilderungen, 48. 26. 11. L. Iulius: 16. 8 n. dietus. dileetus: dileetus omitted through haplography by N; cr. 5· 5· 7 n. For iustitium see 3. 3. 6 n. 26. 12. cognitio vacantium: 3. 69. 7. It is doubtful whether the suspension of leave figured in the Annales; if it did not, it will be a piece of later colouring (cr. Cicero, Phil. 5. 3 I) but, even ifit did, L. has slightly muddled the facts. In normal times, when a levy was announced the magistrates considered cases for exemption. In a state of emergency (tumultus) no cases were considered and no exemptions granted (vacationibus sublatis; c£ 8. 20. 3). Any person who failed to present himself for service was liable to be arraigned after the emergency to answer for his absence (excusationes; Aul. Gell. 16.4). In the present crisis the second system is meant. It was not that the cognitio was postponed but rather that the Senate decreed ne vacationes valerent: and those who did absent themselves would be charged subsequently. See Mommsen, Staatsrecht, 3. 242 n. I.

The Dictatorship of A. Postllmius: the Battle of Algidus Numerous objections have been marshalled against Postumius' famous dictatorship. His office of mag. equitum having come under fire (23. 6 n.), critics have pointed out that while L. and Aulus Gellius (17.21. 17) date the dictatorship to 431, Diodorus (12. 64. I) places it in the previous year, 432, which suggests that there was no firm tradition on the date. There is indeed something over-schematic about it. A run of consular tribunes (434-432) including a Postumius gives way to a run of consuls (431-27) including a Julius. What more easy than to devise a bridge which would consist of a dictatorship of a Postumius with a Julius ? Moreover, the key incident about Postumius is the killing of his son (29. 5-6) which is duplicated with better authority in the family of the Manlii. But the objections are not even cumulatively sufficient to disprove the tradition. The persistence of the legend among the Postumii, particularly since the Postumii Tuberti die out after the fifth century, gives it a strong claim on our beliefs. Moreover, Nilsson has made an attractive suggestion that the importance attached to a soldier's not leaving his rank (although L says praesidio not acie decedit) mirrors the conditions of hoplite warfare where steady discipline was essential (].R.S. 18 (1928),4 fr.; cf. Ed. Meyer, Kl. Schriften, 2. 272 n. I). Such tactics, although adopted by Rome as early as 600 B.C. (see note on I. 44), underwent revision and modification in the last half of the fifth century. If falsification and inter57 6

4.26. "

27. 1. A. Cornelio: can only be A. C. Cossus. ludos magnos: 2. 36. I n. 814432

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431 B.C.

431 B.C.

27. 3. viderant: Ver.'s videret is due to correction after the loss of n-a common failing (3. 12.6,30 . 3,4· ro. ro,4· 14· 5,4· 55· 4, 56. 5, 5· 33· 4,45· 7,50 .7,53. I). Tusculo ... Lanuvio: Lanuvium is separated by the Alban Hills from Tnsculum and is nowhere near the site of the battle. Weissenborn conjectured Labico (3. 25. 6) but the names may simply have stood without amplification in the record. 27. 4. planitiem ... patentem: the language of military reconnaissance, cr. Caesar, B.G. 7. 69· 3, 70. I, 79. 2. In the description which follows notice the frequent passives characteristic of military communiques (cessatum est, animadvertitur, missum, pratjicitur, exploratumJuerat). 27. 7. ope res egebant: the situation was complex, hence the plural. corona vallum cingunt: 19.8,47. 5; militaryjargon again (cf. Aul. Gell. 6.4.4) as in Caesar, B.G. 7. 72. 2; Bell. AJr. 17. 1,70.3; Bell. Hisp. 13· 7· 27. 9. moderatu difJicilem: moderor of troops 'to manage, control' is only used elsewhere by Caesar (B.G. 7. 75. I). 27. 12. Jumo: cf. Caesar, B.C. 3. 65. 3 'significatione per castella fumo facta ut erat superioris temporis consuetudo'.

quid hic stantibus: cr. Iliad 4· 243. an deum aliquem: Bayet properly calls attention to the allusion to Aphrodite's rescue of Aeneas in Iliad 5. 31 I ff. Cf. 20. 319 ff. Jerro via Jacienda est: a similar phrase is used by Catiline (Sallust 58. 7) Jerro iter aperiundum est from which Skard inferred that it was a cliche employed by historians in writing such exhortatory speeches. Cf. also 7. 33. ro, 22. 5. 2, 50. 9, all similar contexts in direct or indirect speech. A comparison of Virgil, Aeneid 10. 372, 514, would rather point to a common origin in Epic. 28.5. qua agite: the usual Homeric request (e.g. Iliad 12. 412). domos liberos: cr. Iliad 5·688, 17.27-28. non murus nec vallum: recalling the wall and trench guarding the Greek ships. The argument resembles Polydamas' advice to Hector (Iliad 12. 61 ff.). virtute . .. necessitate: cr. the situation and prospects of the Trojans outlined in Iliad 8. 56-57. The cry that necessity is the ultimate incentive early became proverbial: cf. Simonides fro 542 Page; Sophocles fro 235 N.; Plato, Laws 741 a. 28. 7. innititur: 6. 1. 4, 9. 16. 19. multa multa: cf.Iliad 15· 314-17. multa caedes: 5. 2 I. 13, 8. 19. 8, a poetic expression (e.g. Lucan 4· 2, 6. 580; Seneca, Troades 446; Thy. 733). ne duces quidem : three wounded leaders who refused to quit the fight. So Agamemnon, like T. Quinctius wounded in the arm (Iliad I 1.25 2), Diomede shot like Fabius through the leg (I I. 378), and Ulysses with a damaged side and shoulder (11. 437), when the threat to the ships was at its height, came from their tents and rallied the Greeks (14, I 13 ff.). Only the Trojan Hector concussed by a boulder retired from the field (14.409-32). The resemblance is too striking and close to be coincidental. It affords a good example of how details were supplied for legendary battles. 28. 8. unus Sp. Postumius: Harant's supplement Sp. is needed to avoid an intolerable ambiguity. So also Madvig. ictus saxo: 50. 2, 42. 15. 9; ictu saxi (Tan. Faber) is unattested in L.

4.27. 3

28. 1. lucescebat: 8. 38. 5, the word is revealing. Widely current in early Latin (Plautus, Amph. 533; Terence, Heaut. 4ro), it passes from ordinary use. Cicero has it in only one passage, a letter inscribed M. Cicero Imp. S.D. M. Catoni giving a formal and not altogether de, preciatory account of his governorship in Cilicia and requesting Cato to arrange for a supplicatio. We read (ad Fam. 15. 4. 8); 'a.d. 1111 Id. Oct., cum advesperasceret, expedito exercitu ita noctu iter feci, ut a.d. III Id. Oct. cum lucesceret in Amanum ascenderem'. Weissenborn observes, too, that sub oculis esse is favoured by Caesar, B.G. 5. 16. I; B.C. 1. 57· 4· eruptionem .. .jecerat: 3. 5· 9; cr. Caesar, B.G. 2. 33. 2; Bell. Hisp. 12. 5. 28. 3. Vettius Messius: into the blunt narrative of a military engagement is suddenly hurled a heroic figure. His name is authentic enough. Messius is Oscan, a by-form of Mettius as in Mettius Fufetius (I. 23· 4), and Mettius Curtius (1. 12. 2). Vettius is a name in origin native to Picenum but which is widely distributed over Etruria and the Sabine country (cf. the Vettii Sabini of the late Republic; see Gundel, R.E., 'Vettius'). From now on the narrative assumes epic dimensions. Every phrase which Vettius speaks can be paralleled from Homer. 28. 4. indifensi inulti: the striking parataxis, the repeated in-, the sense, all recall Homer's U7TT<S'\E/LOV KUt uvu.\Kt8u (Iliad 9. 35, 4 I et al). in otio . .. segnes: cr. the famous taunt to the Greeks (Iliad 5· 787); ul8w" }4pyEi:Ot, KUK'. EMYXm, El80, uyrJTot.

4· 28. 4

29.3. signum ...Jerunt : the same stratagem is told ofAgrippa Menenius (3. 70 . ro n.). Significantly his colleague was also a T. Quinctius (Capitolinus) so that the stories are no doubt doublets told about a T. Quinctius, variously identified. proruto: 9· 14· 9, 37· 9· 29. 5. tristem memoriam Jaciunt: related also by Diodorus 12. 64 and Au!. Gell. 17. 21. 17. '\t7TOTUgtU was punished with almost comparable rigour in Greece; cf. Plato, Laws 943 d. Since Postumius is calledseverissimi imperii virum (26. I I) which anticipates the story, L. is not here 579

431 B.C.

431 B.C.

quoting a variant but expressing reluctance to agree with what he finds in his sources. decesserit: decedo is technical for deserting one's post (Cicero, Gato 73; 5.6. 14; 24. 37.9). dec. and disc. are constantly confused in manuscripts (see Graeger, Thes. Ling. Lat. 'discedo', col. 1275.56-64). 29. 6. libet . .. licet: 20. I I n. Cf. also 5. 46. I I, 8. 18. 2. argumento est: namely that the episode told about Postumius is untrue. Aul. Gell. r. 13 does indeed cite Postumiana imperia et Manliana but by what may be no more than a garbled recollection of the present passage. T. Manlius Imperiosus Torquatus, cos. 347, executed his son for disobedience on the battlefield (8. 7. 8-22). For a judicious summary of the survival of the Manlian legend see R. G. M. Nisbet, G.o...9 (1959), 73, who strengthens the argument for seeing an allusion to it in Horace, Epist. r. 5. 4-6 . cum qui: Pettersson would retain quem qui, quem . .. insignem titulum referring to the idea implicit in quod imperia Manliana appellata sunt and the subj.fuerit with quem being causal (ef. Kuhnast, Liv. Syntax, 237) 'seeing that the earlier would be bound to secure that notorious name'. Although defensible quem qui seems unreasonably harsh and obscure. 29. 8. Garthaginienses: the passage must be considered with the notes on the foundation of Capua (37. 1-2) and the capture of Cumae (44. 12). All three-the only notes of their kind in the first five bookscome from Licinian parts and it is no coincidence that other fragments of Licinius (e.g. fl'. 12 P.) deal with south Italian and Sicilian affairs. Prima facie a Carthaginian expedition to Sicily in 43 I is not incredible. True there is no reference to it in Thucydides or Diodorus but the situation in Sicily was conducive to Carthaginian interference. The seditiones Siculorum in 43 I would square well with the Spartan l' . t h e same year to Ot• TaKELVWV " ., ' 'c 'ITallwe; " request lor sh'IpS In EIIOfLEVOt ES Kat ];tKE),Lae; (Thuc. 2. 7. 2 with Gomme's note). Equally a threat of Carthaginian intervention would provide a local background for the renewal of the Athenian alliances with Rhegium and Leontini in 433(2 (Tod 57,58). If it is true, the expedition came to nothing; the Sicilians closed their ranks and opted for neutrality at the Conference of Gela. The passage does not stand alone. The two Campanian passages are paralleled in Diodorus: in 445 (12. 3 r. I) TO EBvoe; TWV

years too low. But Etruscan control of Campania was weakened by the defeat at Cumae and did not last more than a century (5· 33· 7 n.). There are no external sources to fix exactly when it fell to the Samnites. Nor is there any simple mechanical explanation of the divergence between L. and Diodorus. Diodorus' overall synchronism of Greek and Roman dates is admittedly eight years out and so his date of 428 could be reconciled with L.'s of 420 on the assumption that the event has been wrongly transferred from a Greek Olympiad source into a Roman eponymous framework but we can hardly eliminate the other discrepancy by supposing that the notices refer to separate events. It still remains true that the gaps are not uniform. The archons of 445 and 423 or 428 and 420 bear no resemblance to one another. On the other hand T. Quinctius Cincinnatus was consul in 428 and consular tribune in 420 (44' I n.), where Licinius substituted T.'s brother L. Quinctius; a Sempronius was consular tribune in 444 and another consul in 423; finally, a L. Furius was consul in 432 and his son in 409. But the corresponsion is not quite neat enough to be convincing. The decisive factor may be Thucydides' silence. The first serious intervention in Sicily since 480 occurred in 409 and continued for twenty years. That is the event which we would expect to be recorded by the words tum primum auxilium traiecere. Ifso, however the divergences be explained, L. and Licinius will be found guilty on the first count and the same verdict must follow for the other two Campanian notices. Originally they will have come either from a work like Cato's Origines or from a Greek historian from the west. It was not easy for Roman authors writing annalistically to incorporate isolated details where they belonged. See Klotz 277-8; G. Perl, Krit. Untersuchungen, I25-6;J. Heurgon, Histoire ... de Gapoue preromaine, 86 ff.

4· 29· 5

4.29.8

That in L. is placed in 423 (37. I a campestri agro). In 428 (12. 76.4) Diodorus notes the capture ofCumae by the Campanians. Again, L. has the same note at a different date (44. 12 ; 4 20 B.C.). It seems impossible to determine which of the two sets of dates is right. Capua was founded by the end of the sixth century. An Etruscan settlement is established archaeologically for that time and Cato (fl'. 69 P.) put the foundation c. 480-a figure perhap forty

30. Annalistic Notices The material is all derived ultimately from the Annales. For the immediate sources and the chronological perplexities see 23. I n. and J.R.S. 48 (1958),46 where it is argued that 30. I-I I are from Valerius Antias, 30. 12-16 from Licinius Macer. 30. 1. L. Papirius: 2 I. I n. L. Iulius: 16. 8 n. Cicero gives the consuls the praenomina F. and C. respectively. deditio ostentaretur: I. 38. 1-2 n. The meaning of ostento here is unclear. Were the Romans offering, as a counter-claim, that they would receive the Aequi into deditio? Hence the only compromise could be a truce. Andresen's postularetur eases the difficulty. indutias: an eight-year truce should have expired in 422 (or 421, if the present passage, being Valerian, corresponds to 429 on the

580

581

KafL7Tavwv UVVEUT7] Kat TaVT7]e; ETVXE Tfje; 7TPOU7]yopLae; a7TO Tfje; apETfje; TOU 7T),7]aLOV KELfLEVOV 7TEOLOV.

430 B. C.

428 B. C.

Licinian lists; cf. 20. 8 n.). But in 35. 2 another truce is made with the Aequi for three years which equally would have permitted hostilities in 421. The two truces must therefore be doublets, since there is no mention of the former having lapsed or having been broken in the interim. That may account for the uncertainty in 42. 10 when war was renewed with the Aequi. 30. 3. legem de multarum aestimatione: the earlier Lex Aternia Tarpeia of 454 B.C., establishing a conversion-rate for fines of 1 ox = 10 sheep = 100 pounds of bronze (asses), was completely overlooked by L. although attested by Cicero (de Rep. 2. 60), AuI. Gellius (11. 1. 2), and Festus (268 L.,) and although L. himself estimated fines in bronze, not cattle (but see 2. 52. 5 n., 3. 31. 5 n.). Despite the mysterious names of the legislators the law is to be accepted. We know from the explicit testimony of Gaius (Inst. 3. 223) and from a direct quotation from the laws themselves that the Twelve Tables assessed fines in bronze (AuI. GelI. 20. 1. 12; Festus 508 L.). What modification did the Lex Papiria Julia introduce? Cicero says 'quod censores multis dicendis vim armentorum a privatis in publicum averterant, levis aestumatio pecudum ... constituta est' which suggests that the rate of conversion was made more favourable for people who wished to pay fines in money. No specific rates are, however, quoted by any authorities and it may be preferable to suppose that the law put an end to the optional payment and laid down that all fines should be paid for the future in money. See Mommsen, Strafrecht, 51. n. I; Rellebrand, R.E., SuppI. 6, 'multa'. 30. 4. L. Sergius: 17. 7 n. Hostus Lucretius: the praenomen is given as '07T{T€POS in Diodorus 12. 73. I, but Rostus (the proper form) is guaranteed by the author of the work de Praenom. 4. nihil dignum: Conway's transposition should not be accepted for the reasons given above on 20. 8.

30. 6. qfuissent: they could not give an adequate reason why they had been absent from Fidenae at the time of the raid and it was presumed that they had gone to assist the Veientes. colonorum additus numerus: L. does not make it clear where the colony was; presumably at Fidenae. Rome put a body of men into the town in order to secure it. There had traditionally been a regal colonization which is now supplemented. ager iis bello interemptorum adsignatus would mean that the land belonging to Fidenates who had been killed when the city was captured in 435, seven years ago, was assigned to the new colonists. The interval of time is puzzling because new Qwners would have succeeded to the land meanwhile, but the general picture is clear and convincing. Were the iiiviri, Sergius, Servilius, and Aemilius, not investigators as L. believes but iiiviri coloniae deducendae? They included one consular in L. Sergius (I I. 5 n.). I t would be a typical misinterpretation of the Annales. 30.7. ingenito: only here in L. (ingenuo Tan. Faber (cf. Lucretius I. 23 0 )), but it may be intended to suggest the language of pontifical records. 30. 8. volgatique contactu in: 3. 2. 1 n. 30. 11. datum inde negotium aedilibus: if the plebeian aediles are meant, it might seem at first surprising that they should be given a task of such widespread importance. The religious excesses and the remedies prescribed to meet them are, moreover, closely similar to the famous outbreak of religio, 'that feeling of anxiety which took practical shape in the performance of (foreign) rites' (Warde Fowler, Roman Essays, g), which disturbed the year 213 (25. I. 6--12). Pais assumed that the one was a throw-back of the other, but the terms of the instruction look authentic. The times were critical. Rome's resources were crippled by a succession of disastrous epidemics. Such conditions are ripe for religious hysteria and the new cult of Apollo provided the means. The aediles had been entrusted with similar duties of national importance (3· 55· 13 n.). If they were responsible for the publication of the Twelve Tables and for the preservation of senatorial records, they would be ideally equipped for overseeing the due observance of religious proprieties. They were, after all, primarily religious officers. Their mission was not to suppress the newly instituted ritus Graecus, the cult of Apollo, but to ensure that the worship did not lead to extravagance and abuse. See Bayet, Histoire ... de la Religion Romaine, 144 ff.; J. Gage, L'Apollon Romain, 130-2. 30. 12. C. Servilium: 44. 13 n., 45.5 n., 47.7. Whereas the Capitoline Fasti know of only one person C. Servilius Structus Ahala, Licinius Macer or the libri lintei appear to distinguish a C. Servilius Ahala from a C. Servilius Structus (Priscifilius), the son of the dictator who captured Fidenae. See Mommsen, Rom. Forschungen, 2. 20g f.; MUnzer, R.E., 'Servilius (37)'.

4. 30.

I

T. Q.uinctius: 26. 2. 30. 5. Veientes: the following notes seem to derive from an annalistic record and may be taken as evidence that the Annales were fuller and more detailed than many scholars would allow. L. has, of course, supplied motive and colour but the facts are not such as would be invented. In particular the passing reference to Ostia is of interest, since there is no connexion with the corn supply which might have led to its introduction at a later date (Meiggs, Ostia, 566). If they are authentic they refute the theory that the capture of Fidenae in 435 is a mere duplication of the war of 426. It was a tense decade during which Rome was trying to consolidate her grip on Fidenae, the strategic position controlling both the Tiber and the Anio and covering the main routes from Etruria. 58 2

4. 30. 6

427 B.C.

426 B.C.

L. Papirium: if the consulate of 444 is bogus (7. 10--12), Munzer, Degrassi, and Broughton must be wrong in giving him the filiation C.f. and regarding him as the son of the consul. 30. 13. Jetiales: a notice from the Annales; cf. I. 32. 5 n. 30. 14. indutiae: the conclusion of the truce was not reported in 21-22. iurati: 1. 32. 8 n. 30. 15. populi iussu: the dispute is anachronistic, invented to give historical backing to the people's claims to decide a matter of war and peace which were impugned by the Senate at the end ofthe second century. Cf. I. 49. 7 n. Q,uinctius consul: as at 31. I ex consulatu, L. appears to ignore the consulship of Servilius and Papirius. An explanation of this oddity is advanced in 20. 8 n. Diodorus (12. 77. I) inserts a college (L. Quinctius and A. Sempronius) between 428 and 427.

31. 6-34. The Second Battle oj Fidenae The year 426 was decisive for the history of Rome's expansion north and east and of her mastery of the Tiber. After an unsuccessful

attempt to exercise control over Fidenae by a colony and an equally unsuccessful, if bold and original, attempt to strike at the heart of the enemy by a direct attack on Veii herself, Roman strategy turned now to a blunt offensive against Fidenae with the intention of destroying it for ever. Half-measures were not enough. Its dominating position sealed its fate. Only Romans could be trusted to guard the gateway to central Italy. The picture is clear, and an actual quotation from the Annales recording the Battle of Fidenae may be excavated from the text of L. (34.6 n.). But beyond the fact of the battle, nothing else could be known. L. or his source, Valerius Antias again (32. 3 n.), has incorporated three legendary strategems to provide body to their account of a battle which they realized full well to be important: the ignibus armata multitudo (33. 2), the e.ffreni equi (33.7 n.), and the herding of the Fidenates into the water (33. ro n.). It is doubtful whether the connexion of any of these episodes with this actual battle was kept alive by tradition or religious ritual. They are, rather, part of the inherited stock of folk-tales. L.'s treatment shows a fine disregard for topographical or military considerations but is fast-moving and full of interest. He has made it, like the first, a heroic combat and introduces a few epic reminiscences to create that impression (33.4 n., 33. 7 n., 33. 8 n.) ; he focuses attention on the psychology of the combatants. The scene opens with Aemilius boosting the morale of the Romans and attributing the previous defeat, as always, not to ignavia Romani exercitus but to discordia imperatorum. When battle is joined the Roman force is odio accensus and vents its indignation on the impious, treacherous, and unwarlike enemy (32.12). But they are disconcerted by the apparition of the torch-bearing women. Their nerve fails (33. 2). By a timely exhortation from Aemilius they are shamed into resistance, only to waver again at an unexpected shout (33. 9). The Etruscans are, however, the more terrified so that the Romans duly win. Many minor points escape L. in his concentration on the psychology of the battle. How could the Etruscans, encircled by the Roman pincer-movement, flee over the plain to the river (33. I I) ? What is Quinctius doing, pursuing a fleeing column to the city of Fidenae when he is himself situated near the citadel (32. ro, 33. 12; see Bayet, tome 4,57 n. 1.)? L. evidently cared for none of these things. See Burck 99- roo; Bayet Rev. Phil. 12 (; 938),97- I 19. The episode impressed Tacitus who quotes at least twice from it (33. 6 n., 33. 9 n.). 31. 7. ante, ita: 2. 52. 7,7.2.7,22.44. 1,58.2,31. 28. 3; antea (7T, Weissenborn) only at 39. 36. ro. 31. 9. accito: M, Vorm., and P preserve in various positions the remains of a Nicomachean marginal note hostibus positis ad Fidenas,

584

58 5

4. 30.

12

31. 1. C. Furius: 12. I n. M. Postumius: his family relationship is uncertain. It is implied that he did not long outlast his trial in 423 (40. 4 ff.) so that he is unlikely to be the same as the consular tribune of 403 (5. 1. 2 n.). 31. 2. Cossus: his praifectura may be no more than a conjecture that since he was elected mag. equitum he cannot have been involved in the defeat at Veii. inutile: 3. 70. I n. aperuerant ad occasionem locum: 'ils donnerent a l'ennemi Ie moyen de trouver une bonne occasion' (Baillet-Bayet); 'they gave the enemy room to take them at a disadvantage' (Foster). Such elegant renderings convey what must be the sense but can hardly be justified as translations. It would be necessary to supply capiendam or the like with ad occasionem and to understand aperire locum in a sense for which there appears to be no parallel (c£ 33. 5. 12). Despite the spirited defences by Novak and Brakman the text must be abandoned. What L. does say is aperire occasionem (53. 9, 9. 27. 2), and the mere transposition of occasionem and ad, proposed by Fugner, would restore grammar. ad locum might seem too bald by itself 'to the site where they were camped'. If so, we should presume that something has dropped out (L. Herrmann); perhap invadendum. 31. 4. religio: the consular tribunes cannot have had the auspices and hence lacked the power to name a dictator or to celebrate a triumph. 31. 5. censoria animadversio: 24· 7 n.

4· 31. 6-34

426 B.C.

426 B.C.

shown to be a late addition by the use of hostes ponere for castra ponere. For these notes see G. Billanovich, Italia Med. e Uman. 2 (1959), 110-12. iustitium: 3. 3. 6 n. Freudenberg was probably right to add indictum since the ellipse is unparalleled and the word could easily have dropped out by haplography.

sense being: 'If you will not use swords, then at least use torches'. A future tense is demanded in the second half (Catterall, T.A.P.A. 69 (1938), 3 10 ). 33. 6. mota ad imperium: echoed by Tacitus, Rist. 2. I I. I. 33. 7. frenos ... detrahant: L.'s words et ipse novat imply that he took this strategem to be an innovation (ef. Florus I. 5. 3), but Frontinus credits Tarquinius Priscus with a similar brain-wave (2.8. ro) and it is also told of L. Cominius in 325 (8. 30. 6). As any cavalryman could testify, it would be a singularly futile move. A horse will charge with the greater verve ifhe has to pull against a firm rein. 1 Another myth may be suspected, a myth that arose possibly to account for some very ancient equestrian ceremony. such as the Equirria 2 or for some training exercise as in the Ludus Troiae. The novice is regularly taught in equestrian schools to ride bareback without reins and to direct the horse by knee-pressure. The lesson imparts poise and control. Young Romans may have been encouraged to undergo the same ordeal on the assurance that it had won great battles in the past. Riding through fire is another recommended discipline. ejfreno: ef. Statius, Theb. 4. 657, 716. If the text is right the word must be intended to sound poetic, but L. also uses eJfrenatus (37.41. ro, 40. 40. 5) and, in the absence of the independent testimony of Ver., eJfrenato should be considered here too. 33. 8. pulvis: truly Homer's dust (ef., e.g., Iliad 11. 151). For lucem aufert ef. Ennius, Trag. 182 V. 33. 9. clamor . .. accidit: echoed by Tacitus, Rist. 4. 29. 2. 33. 10. liberi ftenis: 'freed from their reins', but the abI. after liber is hard. In Petronius 124 abruptis ceu liber habenis the abl. is not dependent on liber but abruptis habenis is abl. abs. The received reading liberis frenis 'with slack rein' should be restored to the text, despite the apparent contradiction with 33. 7 where the reins are said to have been removed. liberis ftenis is a cliche that would slip unthinkingly off the tongue. Cf., however, Tacitus, Rist. 5. 3 velut ftenis exsoluti. Tiberim ejfusi petunt: Gage (Ruit recherches sur les origines, 170-6) has called attention to the curious frequency with which the story of the conquered plunging into the Tiber near Fidenae and being swept down to Rome repeats itself in Roman history (1. 27. I I ; 1. 37. 2; 5. 38. 8). His more elaborate instances are far-fetched and some of his inferences- e.g. the hypothesis of a ritual descensio Tiberina (ef. Ovid, Fasti 6. 771-84) intended to perpetuate the memory and prevent the recurrence of the Allia disaster-go beyond the evidence. It is,

4· 3 1 • 9

32. 2. ignavia .. . discordia: ef. 46. 1-9; Bruckmann, Rom. Niederlagen, 45· sexiens: 32. 5 septimam; 5. 4. 13 septiens. The numeral must then be meant exactly and no notice should be taken of Petrarch's totiens or Klockius's sexcenties. Bayet suggests the defeat by Romulus (1. 15), Tullus Hostilius (1. 27), in 509 (2.6-7),477 (2. 51), 475 (2. 53), and 437 (4· 17- 19) but other defeats are mentioned in 1. 30. 9, 42. 3, 2·45· 3· 32. 3. ad Nomentum: in 22. 2. Q. Servilius won the victory at Nomentum. Two different sources are responsible. 32. 4. priore bello: 19. I ff. 32. 11. equestri auxilio: vexillo Tan. Faber, but ef. Bell. Afr. 78. 6. 32.12. odio accensus: the conventional abuse; cf. 1. 12.8. 33. 1. cum repente: the 7T~pL7T€THa. 33. 2. ignibus armata: the sudden emergence of a body of women armed with torches is told also about Anglesey (Tacitus, Annals 14. 30. I) : in modum furiarum vestu ferali crinibus deiectis faces praejerebant. The weapon is effective but it may be right to suspect a primitive magical rite at the bottom of the story. So the Bacchanalian matrons cum ardentibusfacibus decurrere ad Tiberim (39. 13. 12). A similar sally is also attributed to the Veientes (5. 7. 2). As with the cuniculus (22. 2 n.) there seems to be a duplication of a story told both about Fidenae and about Veii. fanatico: with cursu. L.'s idiom prefers the plain cursu ruit (9. 13. 2, 33. 8. 7) which led Cornelissen to propose fanatica (furore). But ef. 39. 13· 12 fanatica iactatione. 33. 3. incendio similius quam proelio: the left flank was more like the scene of a conflagration than a battle-field. 33. 4. examen apum: the comparison with bees is unexpected and arresting. A sudden swarm was regarded as a prodigy particularly before a battle (21. 46. 2, 24. ro. I I, 27. 23. 2) and was indeed one of the famous prodigies that heralded Pompey's defeat at Pharsalia. More to the point is the simile in Virgil, Aeneid 12. 586-90. L., whether or not he is drawing on the same poetic source, uses the simile to capture the epic atmosphere. Cf. Ap. Rhod. 2. 130 ff. exstinguitis ... inferetis: the sentences are not strictly parallel, the 586

4· 33·4

But Mandarin won the 1962 French Grand Steeplechase without a bridle. But not the Transvectio Equorum, depictions of which always show the horse with rein and bit (P. Veyne, R.E.A. 62 (1960), 100-12; cr. R. Egger, Jahr. Dest. Arch. [nst. 18 (1915), 116). I

2

426 B.C.

426 B.C.

however, permissible to see how one horrific catastrophe (the Allia) left so deep a mark on the Roman memory that it is reproduced more than once in the tradition of her history. petunt: 2. 40. ro n.; notice the sequence of short sentences with which L. rounds off a stirring narrative. 33. 12. eadem: 'a brisk and unremitted pursuit instantly brought up the Romans by the same route, particularly Quinctius and those who had just now come down with him from the mountains, these being the freshest for action as having come up towards the end of the engagement' (after Baker).

by a transference, the army itself. Gellius (6. 13. I) and Paulus Festus (100 L.) refer to the distinction between the classici and the infra classem and Gellius also alludes to the classem procinctam ... id est exercitum armatum (ro. 15. 4). The entry classi pugnatum in the Annales would simply mean that the full citizen army fought at Fidenae. There is no necessity to infer further that at this date the five-class Servian Constitution was not yet instituted but only a division between two properties. The exact significance of the terms classici and infra classem was obscure to Cato (fr. 160 M.) and classis and classici could equally well stand collectively for the five classes, while infra classem would be all those who did not have the minimum property qualification. See Beloch, Rom. Geschichte, 291; Momigliano, Stud. Doc. Hist. Iuris 4 (1938),511; A. Bernardi, Athenaeum 30 (1952), 22; Staveley, Historia 5 (195 6), 79· 34. 7. in maius, ut fit, celebrantes: the historian's cynicism; cf. Thucydides I. ro. 3; Sallust, Jug. 73· 5·

4. 33·

10

34.4. ab equite: collectively as at I. 36. 2, 2. 20. 12, ro. 4I. I I ; centurio, however, is never so used and Ver.'s centurionis is a pointer that the text was already corrupt in the pre-Nicomachean archetype. Read centurionibus (Weissenborn); cf. 40. 43. 7. Prisoners of war were generally sold into slavery and the proceeds disbursed (6. 13. 6, 7. 27.8, 10. 3I. 3) but a similar distribution is recorded by Caesar, B.G. 7.89. Such fanciful details are characteristic of Valerius Antias. The ordinary soldier was presumed to have secured a fair share for himself by his own efforts so that no provision is made for him (cf. 34. 52. I I). See 5. 22. I n. triumphans: the Fasti Triumphales are missing for this year and there is no independent testimony, unless the intriguing entry in the Praenestine Fasti can be invoked (C.I.L. 12 p. 231). Verrius Flaccus' alternative explanation for the phenomenon of a second celebration of the Carmentalia on 15 January runs

4. 34.6

35-36. Annalistic Notices: Tribunician Agitation

The name is irrecoverable and there is no certainty that it was Mam. Aemilius. The ancients were wholly perplexed by the problems of the etymology and festivals of Carmenta and the explanation is no more than a guess based not on pontifical records but it would seem on the associations of the Porta Carmentalis (2. 49. 8 n.) through which the Fabii marched to the Cremera. The supplement remains elusive. See Warde Fowler, Roman Festivals, 290; Pettazzoni, Studi e Materiali, 17 (1941), I I. 34.5. sexto decimo: so also Cincinnatus (3. 29. 7). An arbitrary figure, two-thirds of a trinundinum, chosen to suggest the expeditious discharge ofhis duties. Vel'. 's abdicavit is better that abdicat ; L. closes a description given in the historic pres. with a perfect (3. 48. 7-49.8; 2. 45. 13-16; 7· 8. 1-4; ro. 33· 1-5)· 34. 6. classi: a misunderstanding of the term used to denote those eligible by property qualifications to serve in the army and hence,

35.1. A. Sempronium: 44. 1,47.8. L. Quinctium: 16.7. L. Furium: 44. I n. L. Horatium: M.f. M.n., son of the great democrat (3. 39· 3 n.). 35. 2. Veientibus: the truce expires in 58. I (tempus exierat) after only eighteen years have elaped. It is likely that the expiry-date was pushed back to allow the necessary preliminaries before the Siege of Veii which convention demanded should last ten years as the Roman Siege of Troy, whereas tradition knew of only eight at the most (Bayet, tome 4, 114 and n. 3; ].R.S. 48 (1958),42). This section must have come from a different source from 58. I. Equally the truce with the Aequi is a doublet of 30. I (n.). L. must therefore have reverted to Licinius Macer, as often, after consulting him for a second opinion (34. 6). 35.3. ludi: 2. 36. I n. 35. 4. Ap. Claudius: 36. 5, a son of the Decemvir. Sp. Naevius Rutulus: this was probably what L. wrote, although the Naevii are plebeian (35. 6), and the cognomen is never used by them. The passage is Licinian and must therefore be treated on the assumption that it derives ultimately from the corrupt libri lintei. Sp. Nautius is presumably intended, a grandson of the consul of 475 (2. 52. 6). T. Sergius: his real praenomen was L. (17. 7) as in Diodorus 12. 82. I. Sex. Julius: a younger brother ofL. Iulius (16. 8). 35. 4. publice consenserant: it is clear from the context that the Romans have decided, as a matter of public policy, to put on an act of socia-

588

S8g

HIC DIES DICITUR INSTITUTU[S AB SI FIDENAS EO DIE CEPISSET

4-24- B. C.

4-24- B. C.

bility, and therefore the subject of the relative clause must be the Romans and not the visitors to the Games. But to agree on a common policy is not, in Latin, venire ad but consentire ad (cf. Cicero, ad Alt. 15. 18. 2) and on this point the archetype of the Nicomachean and non-Nicomachean manuscripts was already corrupt-a corruption which arose from the succeeding advenis and gave birth to the muddled advenis ad . .. of Ver. and advenis . .. acifuit of N. No reconstruction based on venerant will work. M.'s dittography must represent a conjectural gloss ofits own because it does not correspond to anything in Ver. (see C.Q.. 7 (1957),76) and so does not possess any independent validity as an external tradition. It made the correction rightly but this should not have led editors, from Rhenanus to Mommsen and Bayet, to woo its other contributions (consilio publico). 35. 5. contiones seditiosae: L. conjures up the atmosphere of a stormy contio of the 60'S or 50'S. It is particularly notable for its blunt speaking and some of the tone and phraseology may derive from Licinius Macer. For adspirare, unique here in L., cf., e.g., Cicero, ad Alt. 2. 24· 3; Div. in Caec. 20: the solitary use of a characteristically Ciceronian word is significant; for periculum ... emolumentum cf. 5. 4· 4, 44. 20. 2; for bello inexpiabili cf. Cicero, de Har. Resp. 4; Phil. 13. 2, 14. 8; for expugnatum esse ut cf. Verr. 2. 130. The thoughts come equally from the main stream of the rhetorical schools. The idea that the prize must be commensurate with the effort was enunciated both by Pericles and by Akibiades (Thucydides 2. 64, 6. 16), while Dobree (Adv. Critica, 354) observed that the whole passage from mat caecus ... honoribus jieri is inspired by Demosthenes, Olynth. 3. 13. The speech ends on a brutally colloquial note (35' 10 n.). 35. 6. in partem: cf. 7. 22. 9. in partem will mean here as elsewhere EV fL~PEL 'for one's share' and the order of words demands that it should be taken with revocandam, but, since it is nonsense to claim a share of a hope, revocandi (Madvig) must be read. What the tribunes wanted was the hope that they might share the consulate. The corruption was caused by assimilation with in partem. 35. 8. ut: after postulandum esse. 35. 9. neminem: 'plebeians will no longer despise themselves when they are no longer despised by the world at large'. We expect rather the sense: 'when plebeians cease belittling themselves they will be taken seriously by others'; that is, with Tan. Faber, neminem [se] ... contemptum iri ubi <se) contemnere desissent, but the fut. pass. info would be intolerable. 35. 10. suggillatos: a vulgar word, lit. 'beat black and blue'. Only here in L. (cf. 43. 14. 5) but its tone can be heard in passages like Petronius 128. 2 or Seneca, Epist. 13. 2.

praebere ... os: another colloquialism 'to expose myself to'. Cf. Terence, Adelphi 215; Cicero, ad Alt. I. 18. 5. Tacitus creates much the same effect with it (Hist. 3. 3 I).

37. 1. C. Sempronius: a brother of A. (35. I). Q.. Fabius: 47. 8 n., 49. 7 n., Q.f. M.n., a son of the survivor of Cremcra, consul in 467 (3. I. In.). Volturnum: 29.8 n. Volturnus with its congeners is a good Etruscan word, deriving from the root of the Etruscan god-name Vel (J. Heurgon, R.E.L. 14 (1936), 109 ff.; Histoire . .. de Capoue preromaine 153 n. I). The name survived in the Capuan Porta Volturnensis and in the river Volturnus that flowed close at hand. There is no need to reject the tradition but see also next note. Capuam: the etymology provided a happy hunting-ground for ancient scholars: see the full discussion by J. Heurgon, op. cit. 136 ff. There were three main lines of approach. (I) a capite (Polybius ap. Strabo 5. 242) : because it was the head of an Etruscan confederacy. (2) a campo (Varro, de Ling. Lat. 10. 16; Pliny, NoH. 3. 63). Heurgon believes that the etymology originated with Varro but L. shows no other knowledge of Varro's researches so that it is older. It presents such morphological difficulties that the reverse derivation of Campani from Capua is, if anything, easier, although the two are clearly distinct. The campani are the plain-dwellers, and only by popular etymology became identified with the Capuani, the inhabitants of Capua. (3) a Capye. Of the various claimants, the Alban king (Diodorus 7. 5· 10; D.H. I. 7I ; cf. I. 3. 8) can be ruled out. A Trojan origin is not wholly inconceivable (Anchises' father according to Hegesianax ap. D.H. I. 73. 3 or Aeneas' cousin according to Coelius Antipater ap. Servo Dan. ad Aen. 10. 145) but Capys is also an Etruscan name and Heurgon made the enticing suggestion, based on late-sixth-century inscriptions found both at Yuki and at Capua naming a Capys Mucati j. (kape mukaOeaa; Weege, Vase. Camp. fnscr. ftal. 22 ff.),

59°

59 1

4· 35·4

4.35.

10

36. 2. The tribunes' proposals are no more than an imitation of Gracchan schemes, e.g. the agrarian law of Ti. Gracchus, the laws establishing Carthage and other colonies, and the laws for raising new vectigalia and portoria (C. Gracchus ap. Aul. Gell. I I. 10; VeIl. Pat. 2. 6. 3). Cicero says that the two Gracchi de plebis Romanae commodis plurimum cogitaverunt (de Leg. Agr. 2. 81). See 2. 41. 3 n. 36. 5. decemviri jilium: the official order is given by Ver. and should be compared with 3. 40. 8, 4. 16. 7, 43. I. It should be preferred to No's trivializedjilium decemviri (cf. 40. 42. 13).

423 B.C.

423 B.C.

that the city took its name from the Etruscan gens Capia who played a leading part in its foundation. If so, L. is wrong both in calling Capys the Samnite leader and in saying that Capua succeeded Volturnum as a name. Like many other Etruscan cities it will have enjoyed a double name from the beginning. 37. 2. incolas veteres: a parallel situation prevailed at Naples where the original inhabitants existed as a separate community under the name Palaeopolitani. For the similar fate which may have befallen Pompeii see A. Boethius, The Golden House if Nero, 44 n. 38.

37. 9. segnius saepe iteratus: (clamor) iteratus incerto clamore ptodidit cannot be right (pace Pettersson who would compare 2. 40. 8) but it is less easy to localize the corruption. incerto clamore is Livian and apposite (ef. ro. 36. 3 segnis pugna clamore incerto coepit; 21. 31. 12, 37. 29· 4) so that emendations of clamore (clangore Lipsius ; etiam ore J ac. Gronovius; clarore Seyffert; tenore Sigonius; languore J. F. Gronovius; pavore Gebhard) or deletion of both words (Gruter) start from the wrong premiss. Madvig and Housman felt the corruption to lie in segnius saepe iteratus and asked how a shout could be repeated often more sluggishly. Housman suggested semper or usque for saepe (for the corruption ef. Housman, ]uvenal, Ii ff. ; Shackleton Bailey, Propertiana, 2 I 6) but that does not face the original problem of clamor clamore prodidit. clamor iteratus is equally sound (ef. 8. 38. 10). Harant with his flair and Stroth with his innate good sense both saw that the damage could be repaired at one stroke by assuming that a word or words had fallen out. Neither ut nor quo maiorem quite meet the requirements. Perhaps ita exercitus, punctuating after iteratus. For the repetition clamor . .. clamore see Drakenborch on 1. 3. 9 ; Weissenborn on 4. 61. 8 ; Meyer on 2. 18. 2 ; Poutsma, Mnemosyne 41 (1913),420-5; Pettersson. 37. 10. micare: only here of people, not weapons, by assimilation to urgere; ef. 44. 34. 8. micant gladii is Epic (ef. Lucan I. 320). nutant ... galeae: a reminiscence of the nodding plumes in the Iliad (ef., e.g., 3. 337, 11.42, 15.481,16. 138). Drakenborch refers to Silius Italicus' imitation of the same feature in 17. 392 ff. applicant: 30. 33. 3. In this sense the word is restricted to high-flown poetry (e.g. Ennius, Trag. 88 V. quo accedam? quo applicem?; Pacuvius, fr. 370 R.). L. uses it to evoke such poetry. videre: if the Volsci were not causing the slaughter, how could they be spectators of it? videre is most unexpected. edere was proposed by Jacobs. Cf. 5. 13. I 1,21. 13,45. 8, ro. 45. 14 (Gries, Constancy, 30).

4.37.

I

37-42. C. Sempronius and Sex. Tampanius The bare facts ofC. Sempronius' defeat at Verrugo, of the prosecution of M. Postumius and T. Quinctius and, perhaps, of the prosecution ofSempronius could be grounded in fact and witnessed by the Annales, but the whole story of the battle and of the parts played in it by Sempronius and Tampanius belongs, like the story of Cremera, to family legend. It need not be distrusted on that account. Incidental details are borrowed from that other clades Semproniana, the defeat of Ti. Sempronius at the Trebia in 2 I 8 B.C. The consul's negligence and foolhardiness, the fatal division of the forces into two groups, the providential escape of the surrounded detachment, all are foreshadowed in the later battle (21. 52-54). Furthermore, the dismounting of the cavalry to fight on foot is taken from Cannae (22.49.3) and Tampanius' resistance on a small hill is also traditional. Tampanius and his colleagues in the Tribunate were honoured by a memorial independently of the annalistic tradition (42. I). L. exploits the possibilities of the story. The action is confined to two days, the day of the battle and the day of the return, and the contrasts between Sempronius and Tampanius and between the demoralized and the confident Volsci are carefully worked out (37. 6, 37. I I). The moral is loyalty to one's superiors (41. 7). See Burck 101-2. 37. 3. his rebus actis: reads awkwardly after Campanian affairs and betrays the change of source. It is a mannerism of L. to begin a new section with hic (1. I n.). idibus Decembribus: 3. 6. I n. 37. 7. fortuna ut saepe alias: L. commonly begins a new episode with a moralization (2. 2. 2 n.): for the thought here ef. Euripides fro 432 N.; Electra 80-81 with Denniston's note, et at. 37. 8. incaute inconsulteque: 7. 15· 9, 25. 18. 2, 44· 41. 9, a Livian pleonasm built on a characteristically military understatement. incaute 'with gross negligence'; ef. Bell. Alex. 27. 5; Caesar, B.G. 7· 27. 1. apte locato: military phraseology, ef. Frontinus 2. 3. 2 I. 59 2

4· 37· 9

38. 2. Sex. Tampanius: all historians, dictionaries, and works of reference know him as Sex. Tempanius and yet the name is unique (Munzer, R.E., 'Tempanius'). In no literary or epigraphic source from any classical period or region does anyone else figure with an even analogous name. That would be' surprising in itself, if one did not stop to ask what authority the form Tempanius rests on. Val. Max., who twice cites his example (3. 2. 8, 6. 5. 2), does not refer to him by name and he is not mentioned by any other author. His name occurs eight times in L. (38.2,39.4,39. 8, 40. 6 (bis) , 41. 1,9,42. I) but Ver. is nowhere extant. Of the Nicomachean manuscripts M has Tamp- three times, H four times, and 0 throughout. Tampanius should be the original reading of the archetype. As such, it commands belief. There is a large class ofTamp- names of Etruscan (ef. TaeJ;ane in 814432

593

Qq

423 B.C.

423 B.C.

C.I.E. 2817) or possibly Volscian (ef. TaJanies; Conway, Italic Dialects, 25 2 ) origin. The Tampii are known chiefly from Praeneste (C./.L. 14· 3 26 4 ff.), which lay on the borders of the two worlds. Now L. does not tell us where the battle was fought (4I. 8 n.) but we know from Val. Max. that it was at Verrugo (I. 4 n.), not far from Praeneste. Cato collected such local legends. decurio: the commander of a squadron of ten troopers. labante: Praej. 9 n. salvam . .. esse: 22. 53· 7· 38. 3. ex equis desilirent: 2. 20. 10 n. cuspidem: 19. 4-6 n. The exhortation recalls 28. 5· 38.4. vadit: I. 7. 7 n. vi viam Jaciunt: 22.5. 2, 50.9; cf. 28.4 n. The unfailing frequency with which readers from Petrarch to Macaulay have been led to remember Virgil's fit via vi (Aeneid 2. 494; from Ennius) cannot be accidental.

40. 6--41. 7. The Speeches rif C. Junius and Sex. Tampanius Sex. Tampani: ... quaero de te: Casaubon acutely observed that this was the technical formula by which an official investigation or quaestio was opened. Cf., e.g., Cicero, in Vatin. 10. A substantially similar investigation is framed at 8. 32. 3-8. The observation goes far towards explaining the remarkable character ofJunius, cross-examination with its succession of eight indirect questions. The whole is designed to give the impression of unremitting legal pressure. By contrast Tampanius' speech is reported as having been an oratio incompta. We might expect something in colloquial, popular language but that would be improper. L. circumvents this by putting Tampanius' remarks into reported speech. The reader is given the gist by way of a paraphrase which obviated the need for any direct quotation (ef. 2. 32. 8 n. ; Lambert, Die Indirekte Rede, 44)' Some contrast of style is, however, achieved by the simplicity of Tampanius' sentences, short and blunt, with the minimum of subordination (ef., e.g., 41.5 postea ... tamen instead of postquam) where Junius is involved and intricate. The word-order also is effective, e.g. 4I. 4 vidisse; 4I. 5 exercitus ubi esset se nescire; arbitrari.

4.3 8 .

2

39. 3. equites nec ... et consul: for the arrangement of words ef. Praif. 4· tegumen: I. 20. 4 n.

4· 40. 6-4 1 • 7

vix prae gaudio compotes: the Humanist correction of the manuscnpt compote must be right since it is the individual who is compos m~nt~s and not the mind itself which is compos. The repeated prae gaudw IS inelegant, but both seem necessary (I. 14. 4 n.): for oblitus pra~ ef. I. 29. 3 n. The scene as a whole is one which earlier genera.tlO~s of Romans would have been familiar with (22. 7. 11-14) and whIch IS parodied by Plautus (Epidicus 208-16). For Romans of L.'s day the pomp and spectacle of a returning army might have been greater but the personal concern was much less. 40. 4. occasio: the delay in the prosecution since 426 may have been engineered by the interest of the Quinctii. T. Quinctius' brother was consular tribune in 425. The Quinctii and the Postumii are closely related (26. I I ; T.Q. had married a Postumius) and the s~ries of setbacks suffered by the Postumii in these years (44. I I n.) mIrrors a real struggle for power among Rome's leading families. 40. 6. C. Iunius: the family being invariably patrician, a Julius can hardly have been a tribune at this date. Mommsen's Iunius can be accepted, although nothing else is known of him.

41. 2. comitiis: ef. 26. 2. 9. 41. 3. pensitanda quoque: only men of ability are capable of commanding armies and initiating operations and only men of ability also should be called to judge the results. pensitanda (sc. consilia) is in opposition to ineunda understood. quoque cannot be taken with magnis (56. 13 n.) and there is no need to transpose magnis quoque (Reiz, Haupt). 41. 7. dimissum: sc. esse but an acc. and info can hardly stand by itself after dicitur in 4I. I when the speech has just been completed. The syntax would demand that precantem ... dimissum should be on the same footing as implesse and be part of the reported speech. As Petrarch saw, who added accipio, some other main verb governing dimissum must have fallen out. There is nothing to choose betweenJerunt and tradunt both conjectured by Doujat. The active dimittunt (Harant) is too unceremonious. 41. 8. Janum Q.uietis: the site has not been found. A deified abstract at so early a date is unlikely and Latte (Religionsgeschichte, 130, 239 n. 4) is perhaps right to identify the cult with Volcanus Quietus (C./.L. 6.801; cf. Mulciber)-the power of the god. Augustine (Civ. Dei 4. 16) refers to a temple of Q.uies extra portam Collinam but this is probably distinct. Neither is elsewhere mentioned. alia: 5. 35. I n. 41. 10. decem milibus: 2. 52. 5 n. The figure is apocryphal, and trial before the tribal assembly may be as well (2.35.5 n., 52. 3 n.) hut Postumius was convicted.

594

595

40. 2. ab dubiis: 'on the part of those who were uncertain'. 40. 3. conclamaverant: conclamare properly refers to the Roman custom of calling the dead person's name repeatedly to establish the fact of death. It is perhaps so used here, but it can also, as at I. 58. 12, more freely denote lamentation in general. See Nisbet on Cicero, de Domo

98.

.

423 B.C.

422 B.C.

41. 11. totam culpam . .. temporis: 'the collective guilt'; cf. Cicero,

vived to witness to the truth. The queer tradition that the equites had made them acting centurions (42. I) must go back to some substantial fact. 42. 2. L. Manlius Capitolinus: cf. 5. 3 I. 2 M. Manlio cui Capitolino posteafuit cognomen. He was a brother of the consul of 434 (23, In.). Q. Antonius: 3. 35· I I n. L. Papirius: 30. 12 n. 42. 3. L. Hortensius: no other Hortensii are known before the dictator of 287. Moreover, the name is Italian, not Etruscan, in origin (Schulze 177) ;. cf. the town of Urvinum Hortense in Umbria or the cult of Juppiter Hortensis in Campania. A later, fourth century arrival of the Hortensii in Rome must be postulated and L. Hortensius be dismissed as a pleasing myth to give background to the union of the Sempronii and Hortensii, comsummated by the marriage ofSempronia, d. of the consul of 129, with L. Hortensius the father of Cicero's rival (Pais, Storia, I. 614). This accounts for the highly rhetorical and contrived nature of the interchanges between him and his colleagues, which have the stamp oflate Republican oratory (42. 5 n., 42. 6 n.). 42. 5. fidens innocentiae: cf. ad Herennium 2. 8; Cicero, pro Sex. Roscio

3; Cato 7; Pliny, Epist. 8. I I. 2. 41. 12. Capitolinus: coupled with his brother Cincinnatus as at 3. 35· 9· Since he was consul for the first time in 471, a sporting estimate would put his age at eighty. His intervention is mere Quinctian propaganda, as dicitur betrays. See also next note. tristem nuntium: the deceased as messengers from the living to the dead is an idea wholly repugnant to Roman eschatology. It is, however, at home in Greek thought and Weissenborn aptly compared Homer, Iliad 13. 414-16. The Henenic nature of Capitolinus' plea shows that it goes no farther back than the third century at the most and is part and parcel of the Quinctian improvement of history. in Catil.

2.

42. 1. M. Asellium, Ti. Antistium, Ti. Spurillium: Mommsen's correc-

4.42.

tion of the unbalanced Sex. Tampanium, Asellium et Antistium et Spurillium is a start: the name, Ti. Antistium, is given by the inscription quoted below. In themselves the names do not occasion doubt. Asellius or Asilius, a diminutive of Asinius (Schulze 129), is frequent among the Marrucini but, being Oscan or Sabine in origin, is not confined to them. A branch of the family could easily have come to Rome with the Claudii or before, although otherwise they are not known before the first century B.C. Spurillius, a diminutive of the Etruscan Spurinna (Schulze 95) is well attested in Tarquinii and Ameria (C.I.L. I I. 3487, 4527 ff.) but is not known at Rome before the Empire unless the moneyer A. SPVRI (c. 130 B.C.; Sydenham no. 448) held the name. If, however, he is the double of Sex. t Pollius in 44. 2 (n.), the correction et Sp. Pullium is easier than Mommsen's as printed in modern texts (for et closing an enumeration ofmore than two members see Ktihnast, Liv. Syntax, 286). Antistius, also Etruscan, cognate with Atinius (Schulze 124 n. 2), is better documented (cf. the Antistius Petron at Gabii in regal times). There is a L. Antistius, consular tribune in 379 (6. 30. 2), who could be a lineal descendant and another L. Antestius, with the cognomen Gragulus, a moneyer in the period 135-126 (Sydenham no. 45 I), was the first of several of his name. Yet, even if the names are genuine, how were they remembered? They did not do anything to effect an entry in the Annales nor is there any presumption that the names of tribunes figured annually in the lists of magistrates. The lapidary character of the final judgement on them (4 2 . 9 nec pietas .. . fuit) recalls the perpetuation of the four ambassadors to Fidenae (17. 2 n.). A commemorative statue-group which survived long enough to familiarize generations with their names might account for the oddity. The Fidenae parallel would suggest that pietas would not be sufficient to earn a statue but that the true reason was replaced by an aetiological myth when the statues themselves no longer sur-

L. makes only a token attempt to unite a series of essentially disparate scraps into a coherent whole by repeating at intervals the theme that the interest of one is the interest of all (43. I I, 44. 5, 44. 9), a theme summed up by Servilius Ahala at the end of the book (57. 3 ) : quem enim bonum civem secernere sua a publicis consiliis? L. emphasizes throughout the need for moderatio. See Burck 102-4; Hellmann, LiviusInterpretationen, 74-77. 43. 1. Cn. Fabio Vibulano: the praenomen is given by the Capitoline Fasti as Num(erius) , but N both here and at 49. 1,57. 12,58.6, gives

59 6

597

I

73· delituisse: cf. Cicero, p. Red. in Sen. 3.

42. 6. erepturi . .. eversuri: cf. Cicero, pro Quinctio 87; Verr. I. 114: Sallust, Or. Lep. 23. 42. 7. parentis . .. loco: 2. 60. 3 n. 42. 8. C. Sempronium nihil moror: the technical formula for abandoning a prosecution (8. 35. 8, 10. 18. 13,43· 16. 16). C£ 3. 54. 3-4 n. 42. 10. Aequis: the Aequi did not engage at all in the war and the Volsci, so far from winning an ambiguous victory, had considerably the worse of the fight. The clumsiness betrays change to a source which had a different account ofthe events, including the participation of the Aequi (41. 8 n.), and which knew ofa different expiry-time of the Aequan truce (30. In., 35. 2 n.). L. now reverts to Licinius Macer whom he follows up to 57. 6.

43-47. Annalistic Notices: Military Operations 421-416 B.C.

421 B.C.

421 B.C.

either en. or its corruption m. and in the last place, where alone it survives, Ver. also agrees. The weight of evidence, therefore, points to Cn. as having been the praenomen in L. and it should be restored. It is not accidental that it is also historically more credible. The antiquarians (Auct. de Praen. 6; Festus 174 L.) explained the name Numerius, which was employed by the Fabii Pictores and Buteones only, as having been accepted by the survivor of Cremera as a condition of marriage with the daughter of a Samnite, Num. Otacilius of Maleventum. Contact with the Samnites only began in the fourth century so that the whole explanation is a pious fraud, probably no older than the researches of Varro, while L. as so often reaches back to an older tradition. See MUnzer, Rom. Adelsparteien, 71; Doer, Die Namenbegung, 32. dignum memoratu: 25. 1.5, a variation on the regular dignum memoria (cf., e.g., Cicero, pro Sestio 14; see W6lffiin, Archiv Lat. Lex. 13 (1904), 191). Strictly a solecism, it is formed by influence of the common dictu, factu facile, and the like. 43. 2. ovans: 2. 16. I n. 43. 3. duplicando quaestorum numero: 2. 41. I In., 3. 24. 3 n., 69. 8 n. Tacitus (Annals 1 I. 22) writes that the dual quaestorship was first made a regular elective magistracy in 446, and continues: dein gliscentibus negotiis duo additi qui Romae curarent. His evidence does not conflict with L. The quaestor was in origin an ad hoc assistant to the king or consul, in particular for the investigation of parricidium. In the Twelve Tables the office was recognized and defined as quaestores parricidii, the addition of parricidii at once limiting their scope and showing that they were not permanent magistrates but special commissioners, appointed as need arose. The need for assistants to the consuls in other fields still remained, if anything the greater as Rome's commitments increased, and a logical consequence of the overhaul of the Roman constitution by Valerius and Horatius in 449 was the establishment in 446 of a parallel but separate pair of quaestores, regular magistrates charged above all with the control of military expenditure. Twenty-five years is ample time for the tasks of government to have proliferated to such an extent that a further pair are required. The growth of the quaestorship should be compared with the gradual rise in the number of consular tribunes from three to six. Both mirror Rome's expanding horizon. In addition to bibliography cited on 2. 41. 11 see here de Martino, Storia della Costituzione, 1. 231 ff. ; U. Coli, Studi Paoli, 191. The agitation for plebeian entry to the quaestorship, on the other hand, is pure fabrication, in keeping with the 'political' explanation of the consular tribunate. 43. 4. quaestores duo qui: it is clear that the archetype in this section was severely damaged or maltreated. An even more intractable corrup-

tion disfigures the text below (43. 5 n.) and the mistaken repetition of a consulibus after adprobassent hints at deep trouble. The present passage, as it stands, could only be interpreted on the very strained assumption that qui is the equivalent of ut (so Pettersson), 'Now this proposal, namely two quaestors in addition to the two urban quaestors to be assistants to the consuls in war'. The apposition and the unparalleled word-order force the conclusion that some words have dropped out which expressly stated the nature of the proposal. What the words were can only be conjectured but conjectures should be governed by two considerations, the length of line in the archetype of N (probably 16-18 letters; cf. 4· 25· 4, 5· 46. 4, 53. 1) and the probability that the words were consecutive. Such considerations would rule out the supplements ofWeissenborn and Conway. PerhafS the easiest restoration would be praeter duos urbanos
59 8

599

4· 43·

I

4·43· 4

421 B.C.

420 B.C.

curaque cf., e.g., Cicero, pro Milone 85; for increpet 'arise' cf. in Pis. 99· 43. 11. mediis copularent concordiam: 'dans un juste milieu conclure un accord' (Baillet) but there are misgivings. L. elsewhere employs only the neuter singular of medius as a substantive (26. 21. 4 medium visum ut ovans urbem iniret; 3 I. 13. 6) and the phrase copulare concordiam is scarcely raralleled by Cicero's conglutinatam concordiam (ad Au. I. 17. 10). Fronto says amicos amore copulare (54. 2 van den Hout) and Apuleius iugales ad concordiam copulat (Mund. 30), both, that is, making the object of copulare people and not the concord in which people are bound. But the sense is right, and, if the plural mediis can be justified by the preceding quisque, Fronto's amicitiae copulandae (170. 3) may justify the rest. Cf. also Cicero, ad Fam. 3. 4. 2.

the three colleagues of Sex. Tampanius in 422 are a duplication of the three tribunes of 420.. What part the interpolation of L. Hortensius as prosecutor or a desire to bring the prosecution of Sempronius into closer connexion with his defeat played in the distortion of the facts is impossible to determine, but 420 has the balance of probability in its favour as the true date of Sempronius' conviction. And it gains support from a tantalizing inscription on a curved base (C.I.L. 1 2 , p. 55):

4·43· 9

44. 1. L. Q,uinctius Cincinnatus tertium: 16. 7 (438), 35. I (425). The Capitoline Fasti, for whatever motive, had a different version from the libri lintei. The entry ]Cincinnatus II points to his brother, T. Quinctius, who was consular tribune in 426 (3 I. I). Sex. Furius Medullinus iterum: the Capitonine Fasti have [Me]dullinus III. L. Furius M. had been consular tribune in 432 (25· 5) and 425, but the combination of a different praenomen and a different number in L. suggests that the text is right and that the libri lintei knew of two Furii, Lucius and Sextus. M. Manlius: either a grandson of the consul of 474 (2. 54. I n.) or, if the latter be identical with the Decemvir, a son. The late chronographers give his cognomen as Vulso. See Munzer, R.E., 'Manlius (96)'. A. Sempronius: 35. I. For the whole college see Broughton; Degrassi 9 6. 44. 2. Antisti: The conviction of C. Sempronius, if not the amount of the fine, may well be historical, for the prosecution of Postumia certainly is and the Postumii and the Sempronii, closely linked by marriage as they were, came under heavy fire during this decade. The attacks may have been motivated by personal jealousies and family rivalries or may reflect a deeper split in policy between the aggressive Postumii, who saw that Rome's security lay in the conquest of Fidenae and the expansion of the frontiers, and the more timorous Furii and Manlii. However that may be, it is remarkable that an Antistius should crop up as a prosecutor ofC. Sempronius so soon after another Antistius had resolutely thwarted any prosecution. The two can hardly be unconnected. On this occasion Antistius' ally is a brother of another tribune whose name is given in the manuscripts as Sex. Pollius (see below). He may be related to the equally corrupt Spurillius of 42. I (n.). His other ally, M. Canuleius, is a wraith of a more distinguished namesake. There is, therefore, some suspicion that 600

4.44.

2

XIII EST A TI. AKTISTIO TI. F. C[ Me]NENIO AGRIPPA LVCRETIO T[ricipitino Nautio Rutilo Servilio Axilla trib.] MIL CONSVLARI POTESTA[te Anno post Romam con]DIT CCCXXXIIII POST [reges exactos lxxxxi The lettering, the mistaken writing of Agrippa as a cognomen and the absence of praenomina all point to an early imperial date. The inscription was found, according to Visconti, near the third milestone on the Via Appia but the provenance is not wholly certain. It must be the renewal of an inscription recording the construction or restoration of a monument. In any event it shows that other sources placed Antistius' activities in 420-19. To sum up, it seems probable that A. (Luterbacher's addition: a praenomen is needed to balance Sex.) Antistius, Sex. Pollius, and M. Canuleius are Ti. Antistius, Spurius Pullius, and M. Asellius in disguise. The latter were commemorated, perhaps by a monument, with Sex. Tampanius and their prosecution of C. Sempronius was recorded in the Annales. It became necessary to duplicate them when the edifying story of Tampanius' loyalty to Sempronius made it incredible that Tampanius' colleagues could have been responsible for the consul's conviction. Hence L. Hortensius; and hence the appearance of three new tribunes (Antistius, Pollius, Canuleius) to conduct the case when it actually occurred in 420. Sex.t Polli: Pompili (7T) has no authority as a reading. The nearest, since Pollius is patrician, would be Pullius-the two are constantly confused in literary and epigraphic texts-a name which occurs frequently at Praeneste (C.I.L. 12 • 251-5) and was the name of a celebrated tr. pl. who prosecuted P. Claudius Pulcher for perduellio in 248. Spurillius, although not in itself impossible, would be an easy telescoping of Spurius Pullius (42. In.). Pompilius which is universally and unreflectingly accepted by editors would be odd. No Pompilius is known between Numa and Catiline's friend (Q. Cicero, Comm. Pet. 10); see 2. 42. 10 n. nobilitate praeJerrent: anachronistic because it implies the later cursus honorum, the first stage of which was the quaestorship. 601

420 B.C.

420 B.C.

44. 4. quidnam id rei essett quod: there are two difficulties: the subjunctive esset and the intrusive quod. id . .. quod cannot mean 'the fact that (not even a single quaestor had been elected)', as at 5. 2 I. 7, since that would require a nominative (tribunus ... quaestor) and a subjunctive in or. obi. (f(Utus esset). To delete it would be simple and parallels are forthcoming (2. 32. 10), but esset has still to be treated. As Gronovius observed, in or. obi. quidnam ... esse is required, and furere only governs an acc. and in£ or a quod-clause. We should either read quidnam ... esse [quod] or, better, quidnam ... esset quaerere; c£ 3· 4· 5 quaererent quid rei esset; 3. 50. 4. non: 'their own services, their father's wrongs, even the love of exercising a (new) right did not avail to secure the election of even a single plebeian'. ius must be inserted before usurpandi (Karsten), which otherwise is left undefined. For the expression c£ 3· 5, 3· 71. 7, 5· 12. 9, 27· 8. 9; Tacitus, Hist. 4. 25: see Nisbet on Cicero, de Domo 71. 44. 7. de agris dividendis: 2. 4 I. 3 n. C. Sempronius: meets the situation with the fortitude and the phraseology of a Cicero defending his part in the Catiline crisis. For invidiae obici maluit c£, e.g., pro Murena 87; for subiturum ... tempestatem c£ in Catil. 2. 15; for in parcendo .. . fiat cf. Verr. 3. 208. 44. 9. nee tum: nee nunc in direct speech, the equivalent of nee iam (Ruperti). Their latest agrarian proposal showed that they were not now interested in the welfare of the plebs but only in the downfall of Sempronius. 44. 10. quindecim: 2. 52. 5 n. 44. 11. Postumia: 2. 42. I I n. The record is pontifical and reliable. Postumia, the sister of that Postumia who married T. Quinctius (26. I I), was the victim of the same hostility which assailed C. Sempronius and her brother M. Postumius. Plutarch, who also reports the case (ex Inim. Util. 6), adds that the pontifex maximus was Sp. Minucius. The detail is suspicious, suggesting, as it does, that the bare record has been worked up in the light of the case of 337 B.C. (8. 15. 7 ff.). The reference to ampliatio, the procedure whereby a case was automatically adjourned for a fresh hearing if more than a certain proportion of the jury voted Non Liquet, is anachronistic. It was peculiar to the jurisdiction of the quaestiones, which were only instituted in 147, and Balsdon has the weight of evidence on his side in claiming it as an innovation made during C. Gracchus' tribunate (P.B.S.R I (1938), 108-14; but see Tibilletti, Athenaeum 31 (1953), 20 ff.). For the working of the procedure see Greenidge, Legal Procedure, 499ff. For the truth of the notice see Munzer, Philologus 92 (1937), 56-67; Koch, Religio, 2-5.

crzmme innoxia, ab suspicione ... abhorrens: Gronovius' correction is uncontroversial (ob suspicionem N; criminis obnoxia suspicioni L. Valla, Ruhnken). Postumia was innocent (Plutarch Ka8apa Tij, alT[a,). 44. 12. coli sancte: colere s. normally means 'to cherish devotedly' (Propertius 2. 26. 26; Cicero, ad Fam. 10. I. 3; Seneca, Epist. 94. 26). Here rather 'to dress soberly'. Cumae: 29. 8 n., 37. I n. 44. 13. Menenius: 13. 6. Lucretius: 47. 7, Hosti £, son of the consul of 429 (30.4). Sp. Nautium: 47. 8, 52.4 n., 61. 4 n., Sp.£ Sp.n., a son of the consular tribune of 424 (35.4 but see note). As at 47.8 (n.), one name is missing. The Capitoline Fasti add C. Servilius (Q.£ C.n. Axilla). The omission might be due to inadvertence or corruption, but it is probable that L.'s source was defective, the more so since that source was ultimately the libri lintei (l.R.S. 48 (1958), 45).

45. 1. annus . .. insignis: as Fugner demonstrates, the appositIOn is intolerable. Insert fuit between annus and felicitate, putting a strong stop after Rutilum. coniurarunt: with ut (27. 3.4,39. 14.8), a construction avoided by Cicero and Caesar, but used by Bell. Hisp. 26. 2, 36. 4. The allusion to Juppiter preventing the sacrilege is not a personal confession of belief in divine intervention by L. himself (Kajanto, God and Fate in LilY, 26) but represents an adaptation of an entry in the Annales referring to the preservation of the temple of Juppiter Capitolinus. For a similar notice concerning the Capitol c£ 3. 18. 10. The rewards seem over-schematic (2. 52. 5 n.) and would not at this date have been paid from the aerarium. 45.4. anniversariis: 3. 10.8. The Aequi had only recently resumed the practice (42. 10). 45. 5. Sergium: 17· 7· Papirium: 47. 8, 52. 4, a son of the consul of 42 7 (30. 12 n.). C. Servilium Prisci filium: 30. 12 n. The libri lintei distinguished him from C. Servilius Ahala, giving him the cognomen Structus and allotting Ahala a consulate in 427, and Structus two consecutive consular tribunates (47. 7 C. Servilio Structo iterum). Since they omitted the Servilius of 419 (44. 13 n.), it is impossible to know whether they would have made him Structus or Ahala or what the real truth was. For the long-lived father, Q. Servilius Priscus, see 2 I. 10 n. 45.6. Algido: 3. 2. 6 n. 45. 8. Q,. Servilius: his interventions were legendary, multiplying from a single timeless anecdote. The situation in 418 is akin to that in 43 I when he had also stepped in to solve the deadlock brought about by the disagreement of the consuls (26. 7; c£ 46. 4). Here the disagreement

602

60 3

4· 44· 4

4· 44·

II

418 B.C.

418 B.C.

is a tendentious fabrication to provide an explanation for the system of rotating command alternis diebus (46. 3).

who was evidently a Servilius to judge by the emphatic word-order Ahalam Servilium (23. I n.), show that the correction to Servilius is safe. 46. 11. filio suo: 45. 5 n., i.e. C. Servilius Structus, who was consular tribune and praifectus urbi at the time.

4. 45· 8

46. 1. decem tribus: as there were twenty-one tribes (2. 21. 7 n.), the unit often tribes bears the same relationship to the whole tribal body as, under the later Republic, the assembly ofseventeen tribes did to the comitia tributa of the thirty-five. In classical times enrolment was by tribes (Polybius 6. 19. 5 with Walbank's note) but if there is any truth in the Servian constitution it must originally have been based on centuries and the centuriate organization. When the change occurred is disputed. Gabba (Athenaeum 29 (1951), 251-5) has argued that it was introduced to meet the crisis of a tumultus and became normal under the pressure of the First Punic War. He would regard the present occasion as just such a tumultus, perhaps the first on which tribal enrolment was employed. One other early case is known-275 (Val. Max. 6. 3. 4)-but that differs significantly in that although it seems to have been a tumultus (subito edicere coactus), enrolment is not said to have been from a minority of the tribes. Now it is hard to believe that the crisis of 418 was so severe as to necessitate such drastic innovations. An explanation may be sought in the peculiarity of the quasi-comitia of ten tribes. Cicero leaves no doubt (de Lege Agr. 2. 16-22) that the minority assembly was only used for the election of the pontifex maximus. When it was instituted we are not told but it was already in operation in 212 (25' 5. 2-4; see L. R. Taylor, Class. Phil. 37 (1942), 42 I). I would believe this to be a garbled account of an earlier pontifical election which has been misunderstood or deliberately misconstrued to supply the stuff of history. The last pontifex maximus was A. Cornelius Cossus (27. I), for Plutarch's Sp. Minucius (44. I In.) is interpolated from 337. The next known was M. Folius Flaccinator, consular tribune in 433, who was put to death by the Gauls in 390 (5.41. 3)· Cossus' death is unknown but nothing is heard of him after 426 (33· 7-8, 34· 4-5)· An election in 418 would be appropriate. 46. 2. contemnere . .. contemni: an unusual way of expressing reciprocity, for alter alterum contemnere (c£ Catullus 45. 20 amant, amantur; see Wackernagel, Vorlesungen, 2. 97). The effect of it coming after the preceding pairs (nihil sentire, pro sententia pugnare; sua consilia, sua imperia) is to throw into sharp relief the gulf dividing the two men. 46. S. simulato: cr. Romulus' ruse (1. 14· 9). 46. 9. minores magistratus: i.e. the aediles and quaestors. The aediles were similarly charged according to tradition in 463 (3.6.9 n.). The present measures are probably equally anachronistic. Q.. Servilius Priscus: N had Sulpicius for Servilius, who would only be Q. Sulpicius Camerinus, cos. 434 (4. 23. I), but the cognomen Priscus, and the mention of his foresight, and the allusion to his son

60 4

47. 2. signiferum: a traditional strategem, praised by Frontinus 2.8.8 who attributes it also to Camillus (2.8.4). Cf. 3. 70. IO n. 47.3. brevior tempore: 'shorter in point of time and less fiercely contested'. breviore tempore (N) cannot be construed and brevior et tempore (for et brevior tempore) produces a possible (cf. Praif. 4; 44.26. I) but unnecessarily affected 'inconcinnitas'. The mistake arose from assimilation of endings (3. 1. 4 n.). 47. 4. victos: it would be a futile message to report that all the Labicani were defeated (victos sc. esse) since the dictator knew that and the implication from the fact that all the defeated Labicani had fled to Labici must either be the trivial observation that some were dead or the startling counterfactual that some were still fighting. As earlier editors saw (Crevier, Doering, Morstadt), the word is a dittography after La-vicanos. If it is retained, it can only be defended as a carelessness such as L. is liable to when he is hurrying over uncongenial material (ef. the perfunctory repetition of captum ac direptum in 47· 4 and 5; see 1. 14· 4 n.). 47. 6. die octavo: 3. 29. 7 n., 4· 34· 5 n. censuit jrequens: probably means 'voted in a well-attended meeting' (ef. Cicero, ad Fam. 8. 5. 3; Sallust, Catil. 50. 3 ) but since in the later Republic the term 'frequens senatus' was also used technically for a meeting of the senate at which a quorum was required and, since a 'frequens senatus' in this sense was summoned to consider the voting of supplicationes as well as provincial arrangements (details in Balsdon, ].R.S. 47 (1957), 19-20), the expression may be used strictly here. Servilius' victories at least deserved to be considered for a supplicatio. coloniam Labicos deducendam: 2. 39. 4 n. The capture ofLabici and its colonization are the only genuine events of the whole year, with the possible exception of the obscure decem tribus (46. I n.). For the composition of the colony see 5. 24. 4 n. and its subsequent fate 6. 2 I. 9, 7. I I. 3; Cicero, pro Planc. 23. 47. 7. bina iugera: the usual figure; ef. 5. 24. 4, 30. 8, 6. 36. I I, 8. 11. 14, 21. 11. It is not sufficient to support a jamilia (30 iugera is specified in the Lex Agraria of I I I B.C. and is the minimum viable unit today) and must represent the settler's heredium, the land he was given as his home where his penates could reside rather than the total amount of land which was his to work (Clerici, Economia e Finanza, 272-81). The iugera allocated from Veii may represent grants to groups ofjamiliae.

4· 48 .

417 B.C.

416 B.C.

47.7-49.6. Annalistic Notices: Ap. Claudius Into a humdrum sequence of official records, magistrates, floods (49. 2), and wars (49· 3-6 Bolae) is inserted the story of Ap. Claudius defeating the proposals of Maecilius and Metilius by an ancestral device. Great doubt attaches to the story. Claudius, the consular tribune of 403 (5. I. 2 n.), is not otherwise prominent and Metilius (48. I n.) is spurious. See Burck 105. Menenio: 13.6. Servilio: 45· 5 n. Lucretio: 44· 13 n. Sp. Rutilio Crasso : the cognomen Crassus was never used by the Rutilii, who do not emerge for another 250 years, and furthermore were plebeian. Diodorus (13. 7. I) has };7TOVPto<; OVETOvpto<;, that is a son of the Decemvir of 451 (3. 33. 3 n.), and Sigonius would replace Veturio in the text. But the libri lintei are capable of such mistakes (35. 4 n.) and the text, although historically misleading, should be retained as what L. wrote. 47.8. Sempronio: 35. I. Papirio: 45· 5· Nautio: 44· 13· L. omits Q.Fabius Q.f. M.n. Vibulanus, a brother of the consul of 421 (43. I n.), who is listed by the Capitoline Fasti, but in 414 (49. 7 n.) records him as Q.. Fabio Vibulano iterum, a proof that the libri lintei were defective but did, like the Fasti, indicate iterations. Cf. 44. 13 n.

If L. knew of their earlier tenure, he omitted any reference to it. His motive may have been artistic but since Maecilius and Metilius are indistinguishable palaeographically, and since there are grounds for believing that the names of only one tribune were regularly recorded, the simplest Avat<; (foreshadowed by Mommsen, Rom. Geschichte, 15, 189, 35 I) of the problem would be to believe that Sp. Maecilius was tr. pl. II in 418, tr. pl. III in 417, tr. pl. IV in 416, that he was in some way connected with the proposal to send a colony to Labici (bina iugera viritim) , that the colony and his proposals were separated to provide additional material for a barren couple of years, and that a Metilius was created to keep him company.

4· 47· 7

48. 1. Sp. Maecilius quartum et <M). Metilius tertium: consideration must start from the nature of their proposals. The bill which they proposed was framed to ensure viritim division of land captured from the enemy, i.e. ager publicus. What land was meant? Not that of Fidenae, which had long ago lost its land to the tribe Claudia and was no more than a fortress, nor that of Labici which had been allocated the previous year (47. 6). We know of no other available land. In other words Maecilius' proposals had been precisely forestalled by the enactment of the previous year. But who are the proposers? Sp. Maecilius should be genuine since Piso's introduction of a Maecilius into the college of 471 (2. 58. I n.) must have been inspired by the fame of an early popular leader of that name. Metilius, on the other hand, looks a pale shadow (5. I I. 4 n.). The Metilii were not old inhabitants of Rome as D.H.'s transparent attempt to gratify his patron, Metilius Rufus, by unearthing an Alban origin for the family shows (3· 29· 7; I. 30. 2 n.; see Miinzer, Rom. Adelsparteien, 133 n. I). The name is Etruscan, perhaps localized at Praeneste. <M.) Metilius and his namesake, tribune in 40 I, owe their existence to M. Metilius, who as tribune in 2 I 7 proposed the disputed law to make M. Minucius Rufus codictator with Fabius Maximus. It is significant that in 401 a Minucius is associated with Metilius. The final oddity is the unexpected revelation that they were holding office for the fourth and third times respectively. 606

I

48.2. ei cum: et cum (N) is to be retained; et is not out of place and ei is unnecessary; cf. 5. 28. 10. 48. 3. nee enim: 'for there was hardly any spot of ground, as was natural in a city founded in another dominion, but what was got by force of arms, nor any ever assigned or sold but what the people had' (Steele). This is the only possible translation of the Latin as it stands but it makes nonsense. Maecilius is complaining that the plebs never receive any land, while the patricians amass vast estates. He says that since all Rome's land was captured from enemies, it was ager publicus and it is well known how all the ager publicus was cornered by the patricians. How can he or L. go on to say that whenever land did come on the market only the plebs (nee . .. praeterquam plebs) secured it? Why did not the patricians attempt to corner that land as well? They were rich enough. And why were the plebs not content with such a monopoly? He must be saying either that the only land the plebs managed to secure was land that for some reason came on to the open market (nee praeterquam quod . .. esset, plebs habebat Harant) or that even when land did come on the market the plebs never secured it (nee qund . .. esset unquam plebs habebat). venisset: anachronistic. The first attested sale of ager publicus is in 205 B.C. (28. 46. 4). 48. 5. nepos: cf. 48. 6 proavum; the filiation of the Capitoline Fasti (P.f. Ap.n.) proves that he was thought of as nephew not son of the consular tribune of 424 (35. 4 n.), while his great-grandfather will be the formidable consul of 471 (2. 56. 5 n.), but the allusion is to the activities of the great-great-grandfather (2.44.2-6 where see notes). The error arises from the separation of the Decemvir and the consul of 471 who historically were identical and not father and son (2. 61. 7 n.). L. here is dependent on a source which did not separate them and so had only three not four generations for the Claudii. 48. 7. temporum . .. maiestatis: advice which Cicero was always quick to tender.

4.48.

416 B.C.

48.8. pro fortuna: wrongly taken by Hey (Thes. Ling. Lat. 6. I 176.47) to mean 'their sympathies are dictated by chance' ; it must mean that such people have an eye for the main chance, that their sympathies vary with their fortunes. 48. 11. misso senatu: 'after the adjournment'. 48.13. in . . .fidem . .. confugere: 'to flee for help', as in Cicero, Diu. in Caec. 11. 48. 15. silentio facto: marking the turning-point of the scene (3· 47. 6 n.). 48. 16. proditores . .. consularium: familiar Republican abuse; ef., e.g., Cicero, pro Sest. 33; in Pisonem 24. The sentiments form the drift of Licinius Macer's speech in Sallust.

49. 1. at duo bella: aduo M, arduo 71', duo It; at is required to point the contrast between the attainment of internal peace by the checkmating of tribunician agitation and the threat of external war; cf. 5. 48. I, 49. I. P. Cornelius: A.f. P.n., a son of an unknown father and grandson of a P. Cornelius who must have been a brother of M. Cornelius Maluginensis, the Decemvir. But see 56. 2 n. C. Valerius: 53. 1,57. 12,61. 4; The filiation of the Capitoline Fasti is L.f. Volusi n., which would make him a cousin of the consul of 456 (3. 31. I) and the son of an otherwise unknown L. Valerius. Munzer rightly doubts the Fasti (de Gent. Val. 36), identifying him as L.f. P.n., a son of the famous consul of 449. Q.. Q.uinctius: 61. I, a brother to Lucius and Titus. 49. 2. principum: the Etruscan chiefs, whose farms were flooded; but the flood that was recorded would have been at Rome since the upper reaches of the Tiber are not liable to flooding and the records that were kept later were always of inundations in the vicinity of Rome. The importance of the river in the life of the community turned floods into prodigies (cf. 7.3.2 (361 B.C.); 30. 38. IO-I2 (202); 35. 9. 1-6 (193); 35· 21. 2-6 (19 2); Dio 39. 61 (54); 53· 20 (27): see Ie Gall, Le Culte du Tibre, 62-66) and, as such, they figured in the Annales. The historians have distorted the fact into a motive. 49. 3. Bolanis: Bola (or Bolae as L. prefers to call it) was an ancient community of Latium, said to have been an Alban colony (Virgil, Aeneid 6. 775) and a member of the Alban League (Pliny, N.H. 3. 69) and mentioned by D. H. in connexion with Coriolanus' campaign (2. 39.3 n.). Its site cannot be determined. It must have lain in the upper Sacco Valley, near Labici and Tolerium (Hulsen, R.E., 'Bola'; T. Ashby, P.B.S.R. 5 (I9IO), 409). The best site is Zagorolo. It was destroyed by Camillus in 389 when the Aequi were crushed (6. 2. 14) and disappears from history, although at the end of the Republic 608

415 B.C.

4· 49· 3 a branch of the Vettii proclaimed by the cognomen Bolanus their origin from the town. The earliest known Vettius, a contemporary of Lucilius (Quintilian 1. 5. 56), came from Praeneste which is not far away (Badian, Foreign Clientelae, 170). 49. 6. L. Decio: his proposal, being abortive, can hardly have stood in the records, and the early Decii are unhistorical (a messenger to the seceded plebs in 494 (D.H. 6. 88. 4) and a prosecutor of Coriolanus in 491 (D.H. 7. 39. I)), for the family was southern Italian in origin (ef. SabelI. Dekis) and would not have migrated to Rome before the fourth century. Their subsequent place in the gallery ofRoman heroes called for a pedigree. (L. Decio is the only plausible interpretation of N's I. dexio.)

49.7-51. M. Postumius Regillensis History has been hard on the Postumii. The severe dictator, A. Postumius, who earned an unenviable reputation by killing his son, the consular tribune, M. Postumius, who was fined for his incompetence at Veii, the Vestal Virgin who had a narrow escape from inhumation, and, finally, the ill-fated M. Postumius who was stoned by his own troops. Family prejudices have clearly been at work and have made the most of the unpopularity of the Postumii, but in every case there was enough truth at bottom to justify the elaborations. Rome was torn by internal struggles in the period from 440--4 IO, whose exact causes escape us. The Fasti do not reveal any politically significant swing of the pendulum. It is only possible to see that there was a family alliance ofQuinctii, Sempronii, and Postumii, which suffered f.etbacks under continuous opposition. The fate of M. Postumius was remembered because of his Wellingtonian remark malum militibus meis nisi quieuerint (49. II) and his place in the Fasti is assured (49. 7 n.). The details of the story are, however, throughout borrowed from the disastrous history of A. Postumius Albinus (cos. 99) who was killed by his own sailors in 89 when besieging Pompeii during the Social War (Livy, Epit. 75; Orosius 5. 18. 22 ff.). Surprisingly L. does not make the episode, which at first sight is full of potentiality, into an isolated unity like the tale ofServilius Ahala or Cornelius Cossus. I t forms a passing scene in the growing conflict between plebs and patres. The outlook is sharply democratic without even any lip-service paid to the claims of senatorial auctoritas betraying the hand ofLicinius Macer, but L. must be responsible for themodifications which transfer much of the blame to psychological factors (see 49. 10 note)-Postumius' praua mens (ef. prope uecors, inhumanum) and the army's ira and indignatio. See Lubbert 16 ff.; Soltau 113; Burck I05-6; Hellmann, Liuius-Interpretationen, 41-46; Munzer, R.E., 'Postumius (I)'. m4432

609

Rr

4· 49· 7

414 B.C.

414 B. C.

49. 7. Cn. Cornelio: 56. 2 n., Diodorus gives him the praenomen Taw, (13.38. I). L. Valerio: 58. 6, 5. I. 2, 10. I, 14. 5, 2g. 2 n., 3 I. 2; L.f. P.n., a son of the consul of44g. Diodorus calls him also Taw, but L. is guaranteed by the Capitoline Fasti. Q.. Fabio ... iterum: Q.f. M.n., a brother of Cn. (43. I n.). His earlier consular tribunate, given by the Fasti, is omitted at 47. 8. He is called Katawv by Diodorus. M. Postumio Regillensi: A.f. A.n., a son of the consul of 464 (3· 4.) ; for the cognomen see 2. 16. 4 n. There is wide disagreement over his praenomen. The Capitoline Fasti name him P. Diodorus has T,(3.£pw" perhaps a corruption from II(cmAw,) to T,. The archetype of L. read m. t. postumio, where m. could be a dittography after iterum or t. a corruption of the common symbol indicating a proper name (2. 15. In.). No reliance can be placed on the manuscripts therefore. L. perhaps wrote M. 49. 10. adducor: L. refers to an alternative version which attributed the unrest to a short-fall in booty. The version is stated more extensively by Zonaras (7. 20). A plain economic motive is given for the discontent resembling one view of Camillus' subsequent exile. L.'s version substitutes for it a sharply political account which allows the quaestor (P. Sextius) to escape with his life (50. 2) and assigns to Postumius the part of a brutal oppressor, a political bully. 49. 11. M. Sextio: Munzer is certainly right in believing that he and the quaestor, P. Sextius, grew out of a single Sextius who was associated with Postumius in the traditional story (R.E., 'Sextius (7)'; 'Sestius (5)'). For Sestii and Sextii see 3. 32. 5 n., 33. 10 n. The fact that the quaestorship was not held by a plebeian until 409 (54. 3) should not tempt editors to abandon the archetype by reading Sestius for Sextius in 50. 2 and thereby to distinguish the men still further. The original role played by Sextius is not clear, but it is easy to see how the need for an adversary to counterbalance Postumius would lead historians to take a rib from the quaestor Sextius' side and create a tribune of the same name and to clothe him with proposals borrowed from Sp. Maecilius (the Bola scheme is identical with the Labici scheme outlined above) and with characteristics from the notorious L. Sextius (tr. pl. 376). dignum: Tan. Faber's correction is shown to be right by the parallel of 2. 48. 2: verum esse habere eos quorum sanguine ac sudore partus sit. Both passages are Licinian. Cf. Sallust, Or. Macri 18 absit periculum et labos quibus nulla pars fructus est. 'malum': 'a pox on my soldiers, if they stir'. malum as an exclamatory curse (cf. Donatus on Terence, Eun. 780), short for malum habebis, is common enough in authors of all periods-in questions (Shackleton

Bailey, Cicero: 'ad Atticum', 46). Herefiet or the like must be understood, and the phrase would have sounded to Roman ears as an archaic colloquialism (Hofmann, Latein. Umgangssprache, 3 2). 49. 12. acer nec irifacundus: cf. Cicero's description of L. Bestia, vir et acer et non indisertus. irifacundus is an Augustan synonym for indisertus first used by L. (7.4. 6, 10. Ig. 6). 49. ~3. inquit: Sextius' speech is Ciceronian in style and language, ~ut It may not be wholly fanciful to detect an unusually high proportron of 'loans' from Cicero's speech pro P. Sestio in particular. It would be in L.'s manner to choose a sFecific situation to adapt to the requirements of his narrative. !edem senectuti vestrae prospiciunt: cf. Sest. I39 aliis otium quaerere; for qUId ut (only here in L.; to be compared with ut quid = Lva Tt, as Casaubon noted; see Kuhner-Stegmann 1. 786) cf. Sest. 84; for adversariis propugnatoribus cf. Sest. 137; for ingemuistis cf. Sest. 146 ; stabilire cf. Sest. 143. for agros 49. 14. senectuti: anachronistic. The colonies were not veteran colonies in the Marian or Caesarian sense.

51. 1. interrege: the necessity for an interrex often went hand-in-hand with a switch from consular tribunes to consuls or vice versa (43. 7 n.). A. Cornelio: Diodorus 13.43. I and Cassiodorus give him the praenomen M. With two branches of the Cornelii Cossi reaching the consulate in the same period his filiation is doubtful. He might be A.f. P.n., a brother of the consular tribune of 415 P. Cornelius Cossus (49· 1 n.) or A.f. M.n., a brother of the consul of 409 (54. 1) and of the consular tribune of 408 P. Cornelius Cossus (56. 2 where see note). L. Furius: 44. I n. It is uncertain whether this consulate marks the summit of the older (L. or Sext.) Furius' career or is a stage in the impressive advancement of his son (L.f. Sp.n. according to the Capitoline Fasti). See Broughton, 412 B.C., n. 1. 51. 2. quaestione Postumianae caedis: the first special or extraordinary commission recorded. The history and nature of these commissions is obscure. Strachan-Davidson (Problems, r. 225 ff.) argued that they were of distinct kinds: (1) A commission given by a legislative act of the people to the consul or chief magistrate to resume the full rights of life and death inherent in his imperium but curtailed by custom. The consul could, in consequence, act entirely at his discretion without any appeal being admissible from his jurisdiction, as he did in the cases of L. Hostilius Tubulus (141 B.C.) and Q. Servilius Caepio (104 B.C.).

610

6Il

4. 49. "

50. 4. sub crate: 1. 51. 9 n. 50. 7. metu quaestionum: 51. 2 n.

413 B.C.

413 B.C.

(2) After the institution of the quaestiones perpetuae special ad hoc commissions on the same pattern, with narrowly restricted terms of reference and powers, were set up from time to time to deal with particular situations. Such were the Manilian (I IO) and the Varian (go) quaestiones and their authority did not derive from the consular imperium but from the law which established them. The quaestio Postumiana would clearly belong to the first category and is, therefore, less anachronistic than if it had been of the second kind which only dates from the last quarter of the second century. Strachan-Davidson and de Martino (Storia della Costituzione, I. 360 n. 5 I) are inclined to accept it. One thing, other than the fact that it antedates the next recorded case by nearly two hundred years, tends to discredit it. In the second century the Senate encroached on the quaestiones of the first type by empowering the consuls to hold investigations without the prior approval or consent of the people. This development put a powerful political weapon in their hands which they used in the Bacchanalian scandal of 186 and in the suppression of Ti. Gracchus' adherents in 132. Now the significant point in L.'s account of the quaestio Postumiana is the emphasis on the popular origin of the consul's power to conduct the investigation (51. 3). This bears every sign of being tendentious-propaganda against the Senate's intrusion and control of quaestiones. I am inclined to agree with Mommsen (Staatsrecht, 2. I IO) that it is as much a fabrication as the quaestio alleged by Valerius Antias for the Scipio trials (Scullard, Roman Politics, 220-15° B.C., 2gI-303; cf. Jolowicz, Historical Introduction, 327). a plebe consensu populi: populi was deleted by Crevier (Madvig, H. J. Milller) but is an essential element in the tacit identification ofplebeian and popular (as opposed to senatorial) interests. It is not true to say that populi here = plebis, as it may do in 5. 5 I. I I, 25. 2. g, but rather that it marks a step in a highly casuistical argument typical of Licinius Macer. 51. 5. aptissimum tempus fuerat: erat 7T'\; the pluperfect is right: 'it would have been a very suitable occasion to appease their anger. . .' . As it was, a sense of injury was aroused. aptissimum tempus followed by ace. and info has raised doubts since the only comparable phrase in L. is aptius cst (without tempus) followed by ace. and info (28. 43. 14, 37.28.7). Hence aptissimum (ad) (Madvig) or (in) (Seyffert) tempus, but aptum tempus is a standard phrase (1. g. 6, IO. 20. g, 35. Ig. 2) and, if any change is needed, it will be obiciendi. delenimentum: like many political catchwords, e.g. 'Tory', the word is vulgar in origin. While Cicero and Caesar avoid it, Laberius (fr. 134) and Afranius (378,382) find it congenial. L. is the first elevated writer to employ it with the notable excepion of Sallust in the speech which he puts in the mouth of Licinius Macer (21).

51. 7. Ferentinum: from the Annales. Ferentinum, later to be a municipium of note, here makes its debut. Situated in Latium adiectum (mod. Ferentino) it lay outside the orbit of the primitive Latin and Roman world. For details see Hillsen, R.E., 'Ferentinum'. 51. 8. ipsum agerque: Weissenborn's correction of the manuscript ipse agerque is admirable. The town was handed over to the Hernici (56. 6) doubtless because the Romans were not numerous enough to assume such a distant obligation themselves, but, at the same time, were anxious that it should be in dependable hands.

612

61 3

4· 51. 7

52-55. Annalistic Notices 412-409 B.C. No stirring episode, no common trend distinguished the years 4I2-409. L. makes the best that he can of them by emphasis, finding in every event some connexion with the ever-menacing political struggle at Rome and bringing out at every point the moral lesson that a united city depends on the give-and-take of each individual and class within it. See Burck I07; G. Niccolini, Studi Liviani, 83-I09. 52. 1. L. Icilius: cf. 2. 58. 2, 3. 44. 3, 54- I I, 63. 8, 65. g, a son presumably of the Decemvir Ap. Claudius' redoubtable opponent. Q.. Fabio: perhaps the consul of 423, despite the absence of iteration marks (but see Degrassi 97). He could hardly be the son, and the possession of identical cognomina (Vivullano in Chr. 354) makes it difficult to make him a cousin. The Capitoline Fasti are unfortunately defective. The cognomen Ambustus is not explained, unless it describes his complexion ('scorched'). C. Furio Pacilo: C.f., a son of the consul of 441 (12. In.). 52. 2. pestilentia: 3. 2. I n., from the Annales. 52.4. inopiafrugum: 2. g. 6 n. ut plerumque fit: 2 I. 4. I, with inopia frugum, not neglecto cultu. Famine is the regular accompaniment of pestilence rather than of neglected agriculture. M. Papirio Atratino: the only instance of a Papirius being given the cognomen, peculiar to the Sempronii, Atratinus. The reading of the manuscripts is beyond dispute and at so early a date adoption must be discounted. The late chronographers, drawing ultimately on the Capitoline Fasti, gave Mugillanus = the consular tribune of 418 (45. 5)' If 41 I originally had a college of three consular tribunes, Papirius (Mugillanus), Sempronius (Atratinus), and Nautius, it is easy to see how as a result of damage or mistake the three could be compressed into a Papirius Atratinus and Nautius. Some support may be offered by the floating and misplaced 'consuls' of 444 (4· 7. IO n.), L. Papirius MugiIIanus and L. Sempronius Atratinus, whom Licinius Macer or the editors of the libri lintei knew from an inscription and inserted in 444 because they could not be found in the regular

411 B.C.

410 B.C.

Fasti. In reality they are likely to be the first two members of the college of 41 I. The confusion here is the end-product from the libri !intei. For Papirius' connexion with Carventum see 53. 3 n. C. Nautio Rutilo: E7T<Jpw, in Diodorus 13. 68. I, and the Capitoline Fasti for 419 and 404. But there is no certainty that the libri lintei identified him with the military tribune of 419 and 404 and C. should be retained. Cf. also 3. 25. I n. 52. 5. Etruscum ... Tiberim ... Cumas: 2. 9. 6 n. 52.6. Samnitibus: 37. I n. Siculorum tyrannis: there were no tyrants in Sicily in 41 I but Dionysius I was to come to power two years later at Syracuse. The later history of Sicily made it natural to think of the cities as ruled by tyrants. Apart from its intrinsic probability the notice that Sicily supplied corn to Rome in 41 I may be believed if seen against a wider background. Although Syracuse's victory over the Athenian expedition was complete and decisive, matters did not rest there. The threat from Carthage was imminent and Athens was soon to negotiate a treaty with Carthage. Carthage's other ally was Rome by a treaty a century old. It was much in Syracuse's interest to woo the alliance or at least the neutrality of Rome. Etruriae studio: the enthusiasm displayed by the Etruscans is historical. They were anxious not to lose the Roman market to Sicily and saw an opportunity ofexploiting the hostility between Rome and the Samnites who had done so much to destroy the Etruscan position in Campania. 53. 1. M. Aemilio: actually M'. Aemilius Mam.f. M.n. Mamercinus (consular tribune in 405 (61. I M. Aemilius Mamercus), 403 (5. I. 2, M.AemiliusMamercusiterum),and401 (5.10. I M. Aemilio Mamerco tertium)). Thepraenomen is given as raw, Mavw, by Diodorus (13.76. I) and M'. by the,Capitoline Fasti. The change is so slight and the corruption so common that M'. should be restored in the texts of L. throughout (cf. 3.7. 6 n.; cf. the similar problem discussed by Syme, ].R.S. 45 (1955), 26-27). C. Valerio: 49. I n. 53. 2. M. Menenius: nothing else is known of him. Munzer (R.E., 'Menenius (8),) is reminded of the antagonism between another consular Valerius and a Maenius in 483 (D.H. 8. 87.4) and would dismiss both as fictitious. But the family is old and prominent in the plebeian interest (a M. Menenius was tr. pl. in 384). He may well be genuine even if his abortive proposals are not. 53.3. arcem Carventanam: the exact site cannot be fixed. It is not to be identified with Rocca Massima (see Ashby, P.B.S.R. 5 (1910), 41 I, 424) but it lay near to Tusculum and the pass of Algidus. Casuetani figure among the early Alban people in Pliny (N.H. 3. 69)' The name

affords no help. Casuentum is found in Umbria and a river is so called in south Italy (Pliny, N.H. 3. 97) but the meaning is uncertain (Schulze 535). It should not be connected with Illyrian *karavant 'rocky'. The best site is Mte. Fiore. It disappears from history after 409 (55· 4), but one further detail about it may be preserved. If the consul of 458 in the Capitoline Fasti is rightly restored as [Papirius] Carven[tanus (3. 25· In., 4. 7. 10 n.), it is a fair inference that a branch of the Papirii came from the vicinity of Carventum. Topographical cognomina such as Mugillanus (also of the Papirii), Fidenas, Medullinus refer to the provenance of the gens and Papirii certainly seem to have originated near Tusculum (Lucilius fro 1259 Marx; E Bob. Cicero, pro Plancio p. 254 Grel1i; 8. 37. 8-12; Val. Max. 9. 10. I). The [Papirius] Carventanus, ascribed to 458 by the Capitoline Fasti alone, properly belongs to this period when Carventum was important and is to be identified with M. Papirius (Atratinus) (52.4 n.). We do not know what share he had in the critical negotiations with what may have been his ancestral home. See further Hermes 89 (1960),379 ff. 53. 6. iniusti domini: the phrase is legal and technical denoting those who enjoy possession without legal title or right (Beseler, Beitr. z. Krit. 4 (1920), 73 ff.). The case of iniusta dominatio is often dealt with by the Jurists (cf. Ulpian, Dig. 10.3.7. 4). Cf. 6. 39· 9. 53. 7. damnum aliamque coercitionem: nominally the consul by virtue of his imperium had absolute power over life and limb but the exercise ofthat power was in practice limited (51.2 n.). Moreover, the tribunes were protected by their sacrosanctity but that protection was only operable if at least one other tribune was prepared to take action in defence of a colleague. The action of the nine tribunes was tantamount to connivance at the violation of sacrosanctity. The language of their resolution is quasi-legal, e.g. inhibere=inferre (cf. Plautus, Bacch. 448; 56. 10,3.38. 1,7,50. 12). The meaning of damnum is not immediately clear. In strict law damnum signifies any loss or damage which a person has sustained in his property but Menenius' person rather than his property was in jeopardy. coercitio, on the other hand, signifies any coercive punishment inflicted by magistrates but not exactly defined by the law. The tribunes recognize that whatever sanctions are applied to Menenius will not be prescribed by statute and so they are content with euphemistic words like 'hann'. 53. 8. collum torsisset: 'put in irons'; (ob)torquere C. was the usual method of securing and confining a prisoner (Plautus, Rudens 853; Poen. 790; Cicero, pro Cluentio 59). 53. 9. invisus infestusque: 2. 56. 5, 5· 8. 9. recipit: recepit has the authority of M and 7T' and should be preferred. 53.10. quaestores: 3. 31. 4, presumably the two military quaestors but L. may be guilty of a confusion. We would expect the urban quaestors

61 4

61 5

4· 52. 4

410 B.C.

409 B.C.

to be mentioned, who received the money at the aerarium (5. 19. 8; 26. 8), and not the military quaestors who to our knowledge were not ndrmally responsible for the sale of the booty. L.'s unfamiliarity with military and financial affairs may have led him into error. Or should (ad) be inserted before quaestores (J. F. Gronovius)? participem praedae: 5. 2 I. 2, 23. 8-1 I, 46. 4, the technical phrase. Cf. Plautus, Most. 3 I 2; Caesar, B.C. 3. 82. I. 53. 11. alternis: sc. vicibus, 57. 2, 2. 2. 9. inconditi versus: 3. 29· 5 n. The Menenii were remembered by such anecdotes (2. 32. 8 n.).

54.8. inritatis: inJlatis Ver. For inritatis animis cf. I. 17.4,8. 32. 16, 23· 44· 5, et at. 55. 1. Hernicumque: 53. 2. 55. 2. tunc enixe: I. 35. 8 n. 55.3. singuli: for the text see C.Q.'9 (1959), 278. 55.4. recurrentes in arcem: since the Aequi were palpably in control of the citadel, the Romans could not have been killed as they forced their way back in. Ver. rightly reads ad arcem. Some were on their way back, some were still looting, when they were set upon and killed. 55. 5. adversa civitatis res: adversa res as in Cicero (pro SuUa 57; Tusc. Disp. 3. 21) is the equivalent of a noun (incommodum) and is followed by a genitive. A dative only follows when adversa is predicative, i.e. res est adversa mihi. 55. 8. Verruginem: I. 4 n. Its loss was not recorded.

4.53.

10

54. 1. Cn. Cornelius: 49. 7. L. Furius: 5 I. I n. 54. 3. K. Fabio: 61. 4 n. tres plebeii: the fact is possible and the names cannot be ruled out. The Silii were proud of the antiquity of their family and there were two tribunes, M. and P. Silius, towards the close of the Second Punic War. The Aelii reach eminence with a consul in 337 (8. 15. I). The third name is variously reported: c. appius in Ver., p. pipius in N. Palaeographically C. Papius or P. Pupius is feasible but the former, from a simple metathesis to which Ver. is prone (17.2 n.), is distinctly choicer. N's reading combines p. = p(roprium nomm) with a dittography. Historically, the Pupii have the edge, being attested at an early date in Praeneste (C.I.L. 12 • 236) and producing a iivir aedi locandae in 2 I 7, while the Papii do not emerge before the second century. Yet the trio as a whole cannot be viewed with equanimity. It is suspicious that the Aelii could also claim the first plebeian augur (10. 9. 2) and that C. Papius, tr. pl. in 65, must have been known to Licinius Macer. 54. 4. Icilios: 52. I n. Did the notice really read something like Icilius Ill., recording the third tribunate of Icilius ? ad ea: adeo (Ver., N) is a senseless assimilation to avidissimo populo. 54. 5. si ne: in is added by Ver.; either the plain abl. or the prepositional phrase is possible but quaestoriis comitiis in 54. 2 argues strongly for the former. For Ver.'s interpolation of in cf. 17. 12, 2 I. 10. ['eUmt: veUet (Ver.), the singular indicating the unified will of the body as a whole as at 5 I. 2, 6. 39· 9, 32. 7. I I, and 36. 39. 3, is more appropriate. 54. 7. communicatis ... amissis: 5. 14. I. The passage recalls the opening controversy of the patricians and Canuleius where the same arguments are advanced. See 56. I I n. negare: om. Ver. fremere cannot be used with an implied negative (= negare) 'complain that so-and-so is not or ought not to be the case'. negare, therefore, is required and the omission should be explained by homoeoteleuton. 616

4· 54· 7

56-57. The Dictatorship of P. Cornelius 56.2. C. Iulius: 61. I, Sp.f. Vopisci n., according to the Capitoline Fasti. His father is unknown but must have been a brother of the consul of 430 (30. In.). P. Cornelius Cossus: A.f. M.n., to distinguish him from the consular tribune of 415 (49. In.); there is no iteration here. A brother of the consular tribune of 414 (49. 7 n.). His father was the celebrated winner of the spolia opima and his grandfather the Decemvir, M. Cornelius Maluginensis. The identity of the dictator P. Cornelius (M.f. L.n. Rutilus Cossus, according to the Fasti) is perplexing (57. 6, 58. 6). The filiation suggests that his grandfather was L. Cornelius Maluginensis, consul in 459 (3.22. I) and brother of the Decemvir. He will, therefore, be a second cousin both of his namesake the consul of the present year (408) and of the consul of 415 (49. I). Such proliferation is bewildering and only theoretically possible. The filiations given by the Fasti are largely the work of inspired antiquarianism and rest on no contemporary documentation. Historically it is likely that there were in this period three Cornelii Cossi, and three only: (I) P. Cornelius Cossus (consular tribune in 415 = 49. 1,408 = 56. 2,406 = 58. 6, and 404 = 61. 4; dictator in 408 = 57. 6); (2) Cn. Cornelius Cossus (consular tribune in 4 I 4 = 49· 7, 406 = 58. 6, 404 = 6 I. 4, and 401 = 5. 10. I); (3) A. (or M.) Cornelius Cossus (consul in 4 I3 = 5 I. I). They will have been the three sons of the winner of the spolia opima. See also 6 I. 4 n. C. Servilius Ahala: 57. 12,5.8. I, P.f. Q.n., a nephew of the consul of 427 (30. 12) by an unknown father. 56. 3. intermiscendo: 'contaminating the worthy by mixing in the unworthy'. For the depreciatory, possibly colloquial, force of the verb 61 7

408 B.C.

408 B.C.

cf. Virgil, Eel. roo 4-5; Horace, Satires 1. roo 29 f. with Fraenkel, Horace, 135. 56. 4. Verrugine: 'at Verrugo', locative as 58. 3· cum impulisset: 'when, whatever the cause was, whether retention of Carventum or the loss ofVerrugo, had driven them to anger or hope'. The archetype reading is feasible, but compello is better than impello = 'drive one to an emotion' (see, however, Cicero, Catil. 2.20; Horace, A.P. ro9) and the construction so involved that Perizonius's simple compulisset (accepted by Jac. Gronovius and Bekker) is a great improvement. Cf. 5· 9. I. 56.5. caput rerum: 'the Antiates were the centre of the trouble'. There had been trouble at Antium in 459 (3. 23. 1-7) after which silence descends on the place, but Roman control was never secure. In 406 (59. I ff.) successive expeditions had to be sent to counter Volscian encroachment in the area and in the fourth century fresh disturbances led ultimately to a citizen colony being established there after a decisive victory in the Latin War (338). With evidence for Volscian pressure on southern Latium during the last ten years of the fifth century, the reported revolt of Antium in 408 might seem logical and timely. But the geography is much awry. The fate of Verrugo or Carventum could be of no interest to the Antiates. Nor is it easy to see how a victory at Antium could be followed by the storming of a fort by the Fucine lake (see map). The battle for Verrugo and Carventum was a battle for control of the Via Latina and the approaches to Latium from the east. It was only when the Volscians were balked in that region that they tried in 406 to outflank Latium by forcing an entry into the coastal plain near Antium and rolling up the Latins and Romans from the south. Antium and the Antiates must be a mistake by L.'s source for Antinum (mod. Civita d'Antino), a small town in the upper Liris valley, five miles from the Fucine lake, mentioned by Pliny (N.H. 3. ro6) whose Volscian associations are confirmed by a small inscription in Volscian (c. 150 B.C.) found there (Conway, Italic Dialects, no. 253; Hiilsen, R.E., 'Antinum'). L. abandons Licinius Macer hereabouts as is clear from the contradictions between 58. I and 35. 2 (n.), and between 48,3 where the patricians' wealth is alleged to consist solely in land and 60. 6 where they froduce aes grave on wagons. The exact place where the change occurs may be indicated by L.'s consultation of different authors in 55. 8. If so, then the source for the revolt of 'Antinum' will be Valerius Antias. Local patriotism demanded that Antium should figure largely in his history but the material was scanty. It is hardly surprising that he should supplement it by usurping the history of Antium as well, particularly when the last victor of Antium was also a Cornelius (L. Cornelius Maluginensis, the consul of 459). The connexion of the Cornelii with

Antium was long-lived. After the rape of the city by Marius in 87 (Livy, Epit. 80), the colony was nursed back to prosperity by L. Cornelius Sulla. 56. 6. divisa: divis Ver., who omits final a also at 3. 7. 8 (public), 4· 2. 9 (ali), 5. 31. 6 (qui), and so affords no support for divisui (Gronovius, Mommsen, Madvig). For divisa habere cf. the numerous passages collected in Thes. Ling. Lat. s.v. habere, col. 2426, 28-45. 56. 10. in auctoritate: 26. 7 n. 56. 11. nihil esse in tiis auxilii: so Nand Ver. (hiis). After auxilii nihil esse, in with the abl. denotes the helper (26. 16. 53, 40. 40. 4, 31. 5. 6) while the simple dat. denotes the party who is helped (21. 34. 8): for both together cr. 37. 1. roo On the other hand the dat. with numero essent must be the person in whose estimation someone is judged (cf. Cicero, Div. in Caec. 62 ; Phil. 2. 7I, 13. I I). As the text stands, therefore, the tribunes, who have been asked for help by the leading senators, are made to state that no help can be forthcoming from those who judge them (the tribunes) to be beneath the level of men and citizens. But they must be retorting to the patricians that there can be no helpfor those who hold such a low opinion of the tribunes. It is necessary therefore either to delete in (Welz), or to emend quibus to qui (Drakenborch, Alschefski, Bayet) or to insert se = esse in se iis (Orsini, Madvig, Weissenborn), in se esse iis (Dietsch). The first solution is the simplest, the third provides the better emphasis. For the corruption cf. 2. 6. 2 n. The sentiment non civium, non hominum numero intentionally echoes 4. 12 (Canuleius' speech), as 54· 7 harks back to 5. 14. L. adapts a technique of ring-composition, familiar from Greek Tragedy where an episode, section, or argument is closed by a recollection of the opening line (cr. Aeschylus, Agamemnon 1-20, 184-205, 1184-96, 1580-161 I with Fraenkel's notes; Theocritus 7. 52-61 ; see Gow, C.R. 56 (1942), II I). The reader is thus led to expect that the end of the book is in sight. 56. 12. tum se: se is omitted by Ver., as often elsewhere (3. 51. 13). 56. 13. verecundia: Ver. reads . . i . . . . . verecundia per se potestatemquae tribuniciam. The leading senators, in despair that the consular tribunes have brought about a state of affairs bordering upon anarchy, have asked the tribunes of the plebs to help restore order. The latter are only prepared to do so on conditions-unacceptable conditions, the opening of all magistracies and offices to every citizen without discrimination of rank or class. In the meantime, until they consented to those conditions, the patricians would have to wield the tribunicia potestas by themselves, if they wanted to get any help from the tribunes. They displayed no respect for the laws; they might as well turn tribunes as well. Such must be the gist of the tribunes' impertinence; the text, however, is very doubtful. Conway's reconstruction in the

618

61 9

4· 56. 3

4· 56. 5

4.56. 13

408 B.C.

407 B.C.

O.C.T. reflects his belief that H was the best manuscript and does not give a good sense. The immediate difficulty is the position of quoque. As it stands in N, it must be taken with per se, whereas it really qualifies tribunicia potestas. So far from offering help, the tribunes may be expected to do everything in their power to promote anarchy. If the patricians are to achieve anything they will have to take the tribunate as well. There is no certain case in L. of quoque preceding the word it qualifies (3. 65.6 n.). However, Ver.'s potestatemquae tribuniciam hints at potestatem quoque tribuniciam. A fault in the common archetype of Vel'. and N displaced potestatem in N and reduced quoque to -quae in Vel'. A subsidiary problem is the vestigial word before verecundia in Vel'. Re-examination of the palimpsest leaves no doubt that the visible letters are .. i ..... Mommsen discerned via . ... but the third not the second letter is i and his vi atque is ruled out by the non-occurrence of atque before v in L. The only word that fits the traces as they are now visible is pristina. viverent is out of the question.

58-61. The Preliminaries qf the War with Veii 58. 1. indutiarum: 35. 2 n. For the chronology of the war with Veii see 5. I. I n. Historically the truce cannot have expired in this year (407). The date was pushed back by annalists to allow a full ten years for the siege (406-396) and an extra year for the preliminaries. The abortive delegation offetials and the magnanimous gesture ofallowing the Veientes to set their house in order before being presented with an ultimatum were no more recorded in the Annales than the expiry of the truce, as Dobree demonstrated by comparing 58. 2 ut ex incommodo alieno sua occasio peteretur with Demosthenes, Olynth. I. 16. Licinius Macer, however, who maintained the twenty-year duration of the truce (35.2) must have held out against the Trojanizing tendency of his fellow historians and dated the expiry of the truce to 405. jetiales: I. 32. 6 n. 58. 2. discordia intestina: more political colouring, although the rigid caste-system of the Etruscan aristocracy did lead to internal unrest, for instance at Arretium (ro. 3. 2, 5. 13), and may have contributed

to the decline of the Etruscan hegemony (R. Lambrechts, Essai sur les Magistratures, 23-25). 58. 4. tribunis qui: it must be the tribunes who failed to consider that no valour can transcend the limits of human endurance, because it is the tribunes who are always eager to obstruct the enrolment of expeditions. <non), therefore, is needed to put an equal share of the blame on to the tribunes. N's restare nuntiabantur would be acceptable (see the parallels quoted by Drakenborch) but is less idiomatic and less corruptible than Ver.'s restari nuntiaba[n]tur; ef. 34. 15.6. nulla virtute: for the proverbial commonplace ef., e.g., Homer, Iliad 13· 78 7. 58. 6. P. et Cn. Corneliis Cossis: for P. see 56. 2 n. The Capitoline Fasti indicate that he was the dictator of 408 (57. 6). The filiation of Cn. is P.f. A.n., suggesting a son of the consular tribune of 415 (49. I), although the interval between father and son is preternaturally small. See also 5. ro. I n. Cn. Fabio: 5. 36. I I n.; for the praenomen see 43. I n. Ambusto distinguishes him from the noble Cn. Fabius Vibulanus whose final tenure of office was the preceding year (407 = 57. 12), and the filiation of the Capitoline Fasti (M.f. Q.n.) indicates a son of the consul of 442 (11. In.). L. Valerio: 49· 7 n. 58.7. Lars Tolumnius: 17. 1-4. It would be a very arrogant and vulgar reply that omitted the rreposition ex afterjacesso (6. 17.8). The omission could be caused by haplography. 58. 9. occidione occisa: 2. 51. 9, 3. ro. 11. ett cum periculo retineri: unless Verrugo has been recovered L. can hardly say that the garrison were butchered and the forts only retained at peril. et must be corrupt, but in emending et account needs to be taken of what L. has said. The two garrisons which were liquidated will be Carventum and Verrugo. retineri, however, as in 56. 4, can only be used of something which the Romans with difficulty manage to keep, which disqualifies Harant's Aequum periculo retineri, and also, since we have heard nothing of any other praesidia, eliminates duo (Seyffert), alia (Madvig), or cetera (Schenkl), sc. praesidia, cum periculo retineri. Neither sua et (Brakman) or arces (Luterbacher) could stand without further explanation. I would suggest castra; ef. 46. 6 castraque eo die aegre retenta. 58. 12. coloniarumque: libertatis corresponds to suffragii libere jerendi, coloniarum to agri publici. As the freedom of the colonies does not enter into the question, there is nothing to be said for deleting -que with Madvig and Conway. 58.13. volnera ac cicatrices: 2. 23. 4 n. quod dari: qui (sc. sanguis) dari N. Either can be defended (ef. 5. 1. 4,

620

621

57. 1. haec contentio: Rome's troubles are due to personal ambition. Only Servilius Ahala has the wisdom and the forebearance to subordinate his own interests to the interests of the state and thereby to illustrate the overriding importance of moderatio (57.3,57. 5, 57. 12). 57. 4. belli necessitates: from Thucydides 1. 142. I TOU Sf 1ToMp.ov ot KUlpOL

ou

P.EJlETO{.

57. 5. senatus consulto: 26. 7 n., the S.c. was not legally required, but Servilius Ahala hoped to secure moral backing by it. 57. 6. P. Cornelio: 56. 2 n.

4.58.2

4. 60.2

406 B.C.

406 B.C.

28. 25. 2, 32. 17· 9, 4I. 16. 8) but the rhetorical symmetry quid loci ad ... accipienda, quid sanguinis . .. favours Ver. rogitantes should be retained; cf. 3. 6I. 13, 7· 8. 2, 24· 3I. 3.

spontaneous'. For quasi-concessive cum . .. tum ef. 57. 12, 5· 40. 2, 8. 2 I. I, 42. 46. 4; Mikkola, Die Kon::;essivitiit, 89· 60. 3. laetum patribus universis nee prosperum: the manuscript reading is sound as it stands. universus is only used of the senatorial order except where it is opposed to singulus (2. 35. 5, 9. 8, 44· 5). patribus universis must, therefore, go together (patribus del. Madvig, Bayet: universis transp. Crevier, Conway). The point is that the patres think that they will steal the demagogues' thunder by getting in first with an offer to pay the troops. But, the tribunes predict, they will not all be so pleased when they start asking who is to foot the bill. Their own pockets or new taxes on the people? specie . .. quam usu: cf. Sallust, Jug. 16. 5, a demagogue's antithesIs. 60. 4. ex alieno . .. largitos: Dobree would delete aliis, but it is resumed by aliorum below. 60. 6. argentum signatum ... aes grave: H. Mattingly and E. S. G. Robinson have shown that while Rome dealt only with her Latin and Etruscan neighbours and had few, if any, direct dealings with the Greek states of Magna Graecia, she was content with a currency which consisted at first of rough lumps of bronze without uniform weight or shape (aes rude). By a slow process, the old, rough lumps gave way to recognizable units-blocks, bricks, or bars-distinguishable by individual marks stamped on them (aes signatum). The date of the introduction of aes signatum cannot be determined but the emblems employed point to a date in the late fifth century. Rome suffered a severe jolt with the Gallic Sack which set her economy back by several decades and it was not until the end of the century that she was brought into contact with Magna Graecia. The first coins as such, both silver and bronze (aes grave), were minted in the last years of the century, 338 and 31 I being championed as the date for the first issues. The so-called 'Romano-Campanian' coins were minted by Rome to Greek models and it was not until a hundred years later that the first denarius was coined. It follows that although Roman memory was gratifyingly retentive as to the fact that there was no silver coinage in 406, L. is wrong in calling the prevailing coinage aes grave, unless he uses the word non-technically to denote the heavy ingots of aes rude or signatum (ef. 4I. ro, 45.2,5. 12. 1,29.7,32.9). That the senators were obliged to use wagons to transport their wealth would suit ingot-currency al1d may derive from a genuine tradition. See especially E. A. Sydenham, Aes Grave, ro-2 I; H. Mattingly, Num. Chron. 3 (1943),4-8 ; J. G. Milne, J.R.S. 32 (1942),27-32. 60.9. lege perlata: the notice looks genuinely annalistic but see 5. I. I n.

4· 58. '3

59.2. Valerius Antium: the collocation is not accidental. The mention of Antium, Ecetrae (2. 25. 6 n.), and Anxur reveals that the focus of the war has switched. Algidus is at last sealed to the Volscians who can only force their way into the coastal plain by a long sweep from the south-east. 59. 3. Anxur: situated on a small outcrop of rock between the Pomptine plain and the sea and commanding the (later) Via Appia, the town was of great strategic importance, as was shown in the late war. Anxur-the meaning of the name is uncertain (= avEV gvpov according to Servius, ad Aen. 7. 799) was the Volscian name which survived in the cult of Juppiter A(n)xoranus (C.I.L. ro. 648 3; Sydenham no. 947) but Tarracina, whether Greek (= Tpax£v~, from the roughness of the place) or, more probably, Etruscan (ef. Tarchu, Tarquinius, &c.), was the older name which Anxur only temporarily replaced for the duration of dIe Volscian occupation. For the site was inhabited before the Volscians. Its inhabitants were called TappaK£v£m{ in the Carthaginian treaty of 509 (Polybius 3. 22. I I with Walbank's note). The Volscians cannot have reached it before the campaigns of the 490's associated with the name of Coriolanus. L. has the plural form Tarracinae here, the singular elsewhere, but the plural is also used by Athenaeus (6. 224 c) and should not be emended (Wesenberg). Cf. Bolae and Bola (49. 6). 59. 5. circummissae: a textbook stratagem advocated by Frontinus and employed by Pericles (3. 9· 5) and Antiochus at Ephesus (3. 9. ro). 59. 7. duo milia: ef. 57. 7. The taste for numbers is Valerian. 59. 11. additum: so also Diodorus 14. 16. 5. If there is any truth in the annalistic account of a protracted siege of Veii, it is reasonable to believe that the troops would have had to be compensated for being prevented from cultivating their land and winning a livelihood. The pay may only have been ad hoc, dictated by the special circumstances of the Veii expedition-it was not regular in the fourth century-but it makes good sense (Watson, Historia 7 (1958) 113). It may have taken the form of supplies in kind or specific weight of aes rude. 60. 1. patres vere appellatos: a propagandist rationalization of the senatorial designation patres; ef. Cicero, de Rep. 2. 14 appellati propter caritatem patres and see Alf6ldi, Mus. Helv. 9 (1952), 207. 60. 2. cum: 'while they were delighted with the advantage that their estate would be secure at least for the duration of their military service, their happiness was increased by the fact that the offer was 622

61. 1. tribuni: for the significance of the election of six consular tribunes for the first time see 5. I. I n. 62 3

4. 61 . 1

405 B.C.

404 B.C.

T. Quinctius: 43. I. Q.Quinctius: 49. I n., omitted by Diodorus 14.17. I, who, however, states that the total was six. C. Iulius: 56. 2 n. A. Manlius: A.f. Cn.n. Vulso Capitolinus, according to the Capitoline Fasti, i.e. a grandson or a great-grandson of the consul of 480 (2.43. II). His father is unknown. See 5.8. I, 16. 1. L. Furius: 51. I n. M'. Aemilius: 53. I n. Both are omitted by Diodorus. 61. 2. fanum Voltumnae: 23. 5 n. For the failure of the Etruscan league to support Veii see 5. I. 3 n. 61.4. C. Valerium: 49. I n. M'. Sergium: 5. 8. I, L.f. L.n., according to the Capitoline Fasti. His father ought to be the consul of 437 (17· 7) but his filiation is C.f. C.n. The editors or the cutters of the Fasti may be in error. P. Cornelium: 56. 2 n. Cn. Cornelium: 56. 2 n., 58. 6. K. Fabium: this branch of the Fabii is teasing. In 54. 2 N except for OE (Claudio F.) read C. Fabio; and exactly the same readings are given here, and at 5. ro. I where there is no mark of iteration; at 5. 24. I M,\ have K. (or Caesonem) Fabium and 7T Caesonem, all branches of the tradition agreeing on the iteration iterum. The Capitoline Fasti, on the other hand, had the style K. Fabius M.f. Q.n. Ambustus, consular tribune in 404, II in 401, III in 395. The corruption of the praenomen in L. is understandable and if K. is to be restored, it must be restored throughout. For the fact that L.'s sources appear to have overlooked one of his consular tribunates (iterum in 395 where the Fasti have III) is to be linked to the parallel phenomenon that in 40 I (5. ro. I) Cn. Cornelius Cossus is listed as iterum by L. but III by the Fasti. L.'s source for the lists of eponymous magistrates in 401 and, less certainly, in 395 was Licinius Macer, whereas here he is following Valerius Antias and one can only assume that Licinius Macer either omitted partially or wholly the college of 404, in which Cn. Cornelius was consular tribune II and K. Fabius obtained that office for the first time, or distinguished Cornelius and Fabius from their homonyms who were consular tribunes in 40 I. Only in this way can the double mistake be accounted for. Sp. Nautium: 44. 13 n. iterum is also mistaken for he had been consular tribune in 419 and 416 (47. 8 iterum). It could be corrupt but where two separate sources are responsible for the lists of magistrates it is rash to assume corruption. 61. 7. multi mortales: 1. 9. 8 n. 61. 8. ni servus arcem ... prodidisset : another textbook method of taking a city recommended by ancient strategists. 61. 10. Servius Romanus: the legend of his servile origin and the

treacherous exploit which won his freedom, fortune, and a name should be compared with the legend of Servius Tullus' origins (I. 39. 5 n.). Both explain Servius by servus. Such tales do not come from the Annales but are the stuff of family histories. The family of Servii from Artena ret~iled .the tradition of their origins, which found its way into the narratIve hIstory of Rome. The unauthenticity of it is revealed by the cognomen Romanus. sunt qui Artenam: no town of that name has been discovered in the vicinity of F~renti.num or Ecetra (2. 25. 6 n.) on the northern slopes of the VolsClan hIlls. The old identification with the Civita of Mte. Fortino (Hulsen, R.E., 'Artena') must be abandoned because L. implies that the town and the citadel are distinct whi~h is not the case there (Ashby, Suppl. Papers Am. School in Rome I (19 05),87-8 9; see 2. 43. 2 n.). Hence scholars have been led to suppose that L. has confused Artena and Ortona and Bayet argues that the correction sunt qui is evidence of a second edition of the book after it had been pointed ou~ to L. that Artena was an Etruscan city (nothing at all IS known of ~t, but the name is consonant with an Etruscan foundation), not a VolscIan one (tome 4, roo n. I). Book 5, however, begins with a change of source and that is regularly preceded by the consultation of a variant. Rather than postulate a second edition we may believe that whereas Valerius Antias associated a notice in the Annales about ~he capture of Artena with the battle at Ferentinum, Licinius related It to the campaign against Veii-a view which L. rejects. The entry Artena in the Annales may have been an error for Ortona : we cannot know and conjecture is futile, but that the city which Servius betrayed was near Ecetra and not Caere is clear from the name Servius. As a nomen it is scarce. One of the few examples of Republican date is a Servius of Aquinum (C.I.L. 12 • 1550) while the moneyer L. Servius Rufus (c. 43 B.C.) exhibits a view of his home-town Tusculum on his coins (Sydenham no. ro8I). Aquinum is not more than a few miles from Ecetra, indicating that the Servii were indigenous to that area.

62 4

814432

4.61.

ss

IO

HISTORICAL INTRODUCTION

Rome had in early days been a predominantly Etruscan city. Her constitution and her religion, her culture and her society stemmed from Etruria. The expulsion of the Tarquins did not mean a break with her Etruscan inheritance: it was a matter of internal politics. For a while Rome did have Etruscan enemies to fear, not her neighbours or the Tarquins, but the expansionistic cities of the interior under Porsenna. But it was only a momentary setback. Rome consolidated herself in Latium (the Latin treaty), and despite occasional

catastrophes (Cremera) the growing self-confidence and national consciousness of the Roman people, which manifested itself in the democratic Revolution of the Decemvirate, inspired a surge of expansion. Rome embarked on military adventures that carried her far into the south ~nd east of Latium. She might indeed have achieved a supremacy m Italy a hundred and fifty years before she eventually did had not a .combination of obstacles set her progress back. The spread of mal.ana,. aggravated by crippling famine-plagues, into Italy and LatmID m the latter half of the century debilitated her manpower and compelled the abandonment of many strategic settlements. Encoura?"e? .perhaps by this blow the infiltrating tribes of Aequi and VolsCl, Jomed also by Sabines, renewed their attempts to burst into the plain of Latium and engaged Rome in a struggle for the control of the passes. The situation was a critical one for Rome. With the failure of her own crops and the mounting expense of her wars she had to develop her salt trade and to exploit to the full her advantageous position as a trading centre by road and river in order to be able to maintain her existence. It is no surprise to find imports from central Etruria occurring in larger numbers once again and to have records (e.g. in 412; see 4. 52. 5) of corn being supplied to Rome by inland ~truscan cities. Such trade was of course greatly to the Etruscan I?terest as well, for Rome was admirably placed as a point of distribution for the whole country. Rome and the inland cities of Etruria Clusium, Cosa, Populonia, and Caere, stood to gain mutually b; such an understanding. There was only one city whose independence and prosperity were threatened, and that city was Rome's near neighbour-Veii. With her salient across the Tiber in the town ofFidenae Veii was able to exercise a stranglehold on the river communication~ between Rome and the interior. The hostility led to war, first the capture of Fidenae and then, as a natural sequel, the siege of Veii herself. The course of events is consistent and intelligible. It is only confused by Livy's failure to distinguish between the inhabitants of Ve.ii and the rest of Etruria. It was only Veii and her immediate alhes (16. 4, Ig. 7-8) who joined issue with Rome. The other Etruscans, as the Caeretan lodging of the sacra publica demonstrates were anxious. to ret~in the goodwill and friendship of Rome. The~ had economIC motives: they may also already have been alarmed at the a?vance of the Gauls. If the Gauls had stopped north of the Apennmes, Rome must have expanded by leaps and bounds in the fourth century. As it was, the Gallic invasion put the clock back. The Latin League was broken up and Rome did not recover control of Latium till ~338. In the face of a pact between the tyrants of Syracuse and the rovmg hordes of Gauls, Rome clung to the skirts of Etruria with a nervously phil-Etruscan government ofFabii and Licinii. The concept

626

62 7

BOOK 5 Boo K 4 pointed political lessons-the necessity for all parties in the state, governed as well as government, exercising mutual consideration (moderatio). Book 5 moves on to a new plane. Rome had a destiny which had to be safeguarded by proper attention to religion. A political truce was insufficient without the co-operation of the gods, and Book 5 illustrates how the fortunes of the city veer as her rulers observe and neglect their religious duties. The book falls sharply into two sections-the capture of Veii and the capture of Rome (1-3 2 , 35-55). Veii fell because of her own impiety (1. 4-5) and Roman piety (15. 2, 19. Iff., 21. 8). When the Romans, flushed with their success, allowed themselves to forget their religious obligations and even expelled Camillus (50. I), they suffered for it by being defeated and captured by the Gauls. Their preservation of the sacra patria (4 0 . 7- IO n.), their repentance, and their restoration of Camillus atoned for their offence. Rome had learnt her lesson. The two halves of the book are united by their theme. They are also linked by the personality of Camillus, thefatalis dux (Ig. 2; ef. 33. I ff.) whose name betokens a life spent in service of the gods (I. 2 n.) and whose career mirrors the relationship between worldly success and divine will. Two further features promote the symmetry of the book. As in Book 3 L. elaborates two long speeches, one at the beginning (3-6) and one at the end (51-54), which serve to weld the whole together. The middle is occupied by a digression on the history and geography of the Etrurian and the Gaul (33-35). L., as Sallust, uses digressions to prepare the reader for the importance of what follows. Here the disgression has the extra function of putting in opposite sides of the scale Rome's two enemies, Veii and Gaul, and contrasting them. The Siege if Veii-an Historical Introduction

HISTORICAL INTRODUCTION

HISTORICAL INTRODUCTION

of a Roman domimon combining the best of the Latin and the Etruscan was submerged and forgotten in the great slump ofthe380's and the 370's. The whole narrative of Rome's war with Veii was already consolidated in Etruscan historical sources in the fourth century; for the mythical war between Aeneas and Mezentius seems to have been inspired by the historical events at Veii, unless the resemblances-~h: Etruscan king hated for his impiety, supported only by the Fahsci and the Capenates and finally abandoned by Juno who is matched against Aeneas, the 'Roman' dux fatalis (Aeneid 8. 51.1 -.12 )-are holly illusory. Since that tale, related at length by VIrgIl but. eVIden~ly familiar in some form even to Lycophron three centunes earher (Alexandra 1226 ff.), must have been common cur~ency in the fourth century, it cannot be doubted that the substantial truth has been transmitted. Besides, the notices of prodigies and battles (Anxur, Capenates) could be checked in pontifical records and the intervention of Delphi was susceptible of proof from indepen?ent sources: The installation ofJuno Regina was as much a landmark m Roman hIstory as the institution of winter campaigning and volunteer cavalry

(7· 4)· Great victories have, however, a habit of becoming legends. There is a frightening similarity of details between the capture of Fidenae and that of Veii-the sally of incendiaries (7· 2 = 4· 33. 2 n.), the cuniculus and the defiant gestures of Servilius Ahala (9· 5-7 = 4· 57· 4 ff.). Ail the same, Veii was more memorable than F~denae and the likelihood that these events did not occur on two occaSlOns should not be allowed to prejudice the possibility of their having occurred once. But fact and fiction have converted the cuniculus, an arresting feature of Veian landscape, into a religious myth, while Camillus' triumph assumed heroic proportions and the war against a single Etrus?an city became generalized during the second century a.s a w~r agamst the whole of Etruria. Roman heroism invited companson wIth Greek and a prolonged siege of a redoubtable opponent c.ould not but evoke the ten-year siege of Troy. The traces are clear m L. (4. 11 n.; ef. also 2. 6 n., 7. 2 n., 8. 4, 8. 7). Although familiarity with Trojan history is presumed from the statuettes of Ae~eas and ~c~ises to h.ave been current in Veii, the assimilation of the SIege ofVell WIt~ the SIege of Troy is of a piece with other hellenizing adaptations m Roman history-Tarquinius Superbus or the Fabii at Cremera---:-~ndb~longs to the first generation of Roman historians who were wntmg wIth an eye to a Greek audience. . . The historical truth was thus gradually overlard wIth legendary distortion. The form of the story which L. retails belongs to the latest stage of its embellishment as the chronology will show.

L. dates the war from 406 (4. 58. 6, 60. 9) to 396 (5. 22. 8) and in consequence the capture of Rome by the Gauls to 390 (ef. 54· 5 n.). The absolute dates are wrong. Early Greek sources, which synchronize the capture of Rome with the peace of Antalcidas and the siege of Rhegium by Dionysius, demonstrate that the city of Rome actually fell in the summer of 387/6. But the six-year interval between Veii and Rome is not objectionable. An absolute date of 392-1 for the fall of Veii makes good sense and may even survive in the doublets preserved in L. who reduplicates victories over the Tarquinienses in 397 (16. 2 n.) and 388 (6. 4. 8) and campaigns in agro Nepesino in 396 (19, 7-8) and 389 (6.2.2 ff.). In either case the latter dates are historically preferable. The campaigns should be mopping-up operations, like the capture of Falerii, after the main stronghold ofVeii had fallen. The four-year discrepancy between the absolute date of 392 and the received date of 396 requires explanation. That Roman chronology should be four years out at this point against the absolute dates is, of course, disquieting. The earlier synchronism with Greek events (the expulsion of the tyrants, Cremera, the Decemvirate) as far as they can be checked do seem to be approximately correct and to provide grounds for supposing that the traditional Roman dates (509, 471, 450) are right on an absolute reckoning. How did the Greek and Roman chronologies get out of step? There is ample evidence of severe dislocation in the Annales for the last half of the century (cf., e.g., 4. 20. 8 n.) and the loss of several tabulae or confusion over their arrangement would account for the phenomena. When Roman scholars came to construct a parallel chronology for Greek and Roman history, they were aware that the Roman chronology was short by four years. Failing to discern the true cause of thr: loss, they redressed it by the insertion of four dictator years, thereby bringing Roman and Greek dates into line again for the third century. Such chronological manipulations date from the second century at the earliest so that L.'s source must at least be as late. But did the siege really last ten years? There is an alarming paucity of details. Only two proper battles are recorded (402, 399). Now the truce with Veii expired after 20 years in 405 (4. 58. 1 n.), that is in 401 on the true absolute chronology. Nothing happens in the first three years of the war in L.'s account (4. 60. 9, 61. 2-3, 9). The first memorable event of any kind takes place in 403, and it might reasonably be held that 403 (399 on the absolute chronology) marked the true beginning of the war. Its start and in turn the expiry of the twenty years' truce were pushed back to increase the parallelism between Veii and Troy. L. therefore took the story from a comparatively modern source which included all the legendary improvements and chronological

628

62 9

:v

HISTORICAL INTRODUCTION

403 B.C.

manipulations. That source is distinguished by making Camillus a consular tribune (I. 2 n.) whereas he was in fact censor. The mistake results in a flagrant contradiction between 10. I and 14· 5 where Camillus is designated trib. cons. II on both occasions. It follows that L. follows one authority for the opening chapters and switches to a second source before chapter 14 (12. 10 n.). The tradition that there were eight consular tribunes in 403 is unique and appears to be due to Licinius Macer (I. 2 n.). We may conclude that at the conclusion of Book 4 L. reverted to Licinius Macer (cf. 4. 6 I. 10). For the development of the tradition see ]. Gage, Huit recherches, 73-96;]. Bayet, tome 5, App. 3;]. Hubaux, Rome et Viies (cited as Hubaux); M. Sordi, I Rapporti Romano-Ceriti (cited as Sordi): for the Trojan elements see also Zarncke, Commentationes O. Ribbeck, 277 and n. 2; G. Thouret, Fleck. Jahrb. j. d. Phil., Suppl. Band, 1880, 136 ff.; for L.'s sources see Soltau 273-83; Klotz 279-80; J.R.S. 48 (195 8 ), 40 -46 ; for L.'s composition see also Burck 108 ff. See also R. Werner, Der Beginn der rom. Republik, 42 ff.

1-2. 1. The Siege if Veii The opening chapters underline the gravity of the situation-ut victis

Veii

The city occupied an extensive plateau bounded on all sides except for a narrow neck of land at the north-west gate by the valleys of the Fosso della Valchetta (Cremera) and the Fosso dei Due Fossi. The plateau itself divides into two main ridges, the southern of which runs the whole length of the promontory down to a small outcrop, the Piazza d'Armi, surrounded on three sides by sheer cliffs and defended on the plateau side by a rock-cut ditch. There was the ancient citadel (21. 10 n.). The cemeteries lay outside the city. From Villanovan times Veii was the hub ofa network of roads leading to Capena, Nepi, Tarquinii, Yuki, Rome, and the Tiber mouth (I. 33. 6 n.). Its strategic position and natural strength encouraged settlement: the ager Veientanus was large and with the help of extensive cuniculation rich. Pottery, terracotta, bronze show an unbroken rise in prosperity from the eighth (I. 15. I n.) to the fifth century. At the end of the fifth century the natural defences were supplemented. The tufa was, where possible, cut back: elsewhere an earthen rampart with a stone breast-work was constructed according to the varying conditions of the terrain. These walls must have been built to withstand Rome. Veii survived her capture, although the size of the surviving settlement has not yet been established archaeologically. Except at the Piazza d'Armi the votive deposits were continuous and the principal artery of communication from Rome to the north, the Via Veientana, still ran through the site. For a full discussion of the archaeology and topography ofVeii see Ward-Perkins, P.B.S.R. 39 (1961), 25 ff. 63 0

5.

1-2

finem adesse appareret. 1. 1. pace . .. parta: Pettersson, comparing 2. 26. 4 where 7T'\ read spe undique paratae pacis 'hoping that peace was everywhere in their grasp', would follow N and read pace alibi parata here too (see also Krebs, Antibarbarus s.v.). Peace has, however, been actually made and the phrase pace parta is a standard introduction to a new episode (3. 19.

I). 1. 2. octo: 2. 10,6.37.6. The number is in itselfimprobable (4.7. In.) and further doubt attaches to it since the Capitoline Fasti, Val. Max. (2. 9. I), and Plutarch (Camillus 2. 3) all agree that Camillus was censor with M. Postumius Albinus and not consular tribune. His first consular tribunate was held two years later in 40 I. L. 's source for the section (10. I) does indeed conspire with the present notice by making him consular tribune for the second time, but since he is also so listed under 398 (14, 5), Sigonius and Lachmann were right to comment that L. has used two sources with different lists of magistrates. The source of 14. 5 would have followed the vulgate tradition and made Camillus censor in 403 and consular tribune for the first time in 401. The eccentric character of the present notice is strongly reminiscent of the libri lintei (cf. also M. Postumius below) and, since 6. 37. 6 is also Licinian, L.'s source may be recognized to be Licinius Macer. The emperor Claudius alludes to it in his Lyons speech (I.L.S. 212). M'. Aemilius: 4. 53· I n. L. Valerius: 4. 49· 7 n. Ap. Claudius O'assus: 4. 48. 5 n. L. Iulius Iullus: presumably Sp.f. Vopisci n., a brother ofthe consular tribune of 408 (4. 56. 2 n.). M. Postumius: the Capitoline Fasti and other sources list instead M. Furius Fusus, to be identified as a son of the consul of 446 (3. 66. I) or 441 (4. 12. I). M. Postumius is unknown since he is evidently distinct from his namesake M. Postumius Albinus below. It is likely that his appearance is a mistake by the compilers of the libri lintei (Munzer, R.E., 'Postumius (15)')' M. Furius Camillus: here mentioned for the first time. An excellent summary of his life is given by Munzer (R.E., 'Furius (44)'). We are told nothing about his parents although his filiation (L.f. Sp.n.) is the same as that of the consul of 413, L. Furius Medullinus (4.44. In.), which might suggest that they were brothers. The cognomen Camillus, which was the title of an aristocratic boy employed in religious duties (Macrobius 3. 8. 7; Paulus Festus 38 L.), may be taken as evidence that Camillus had been so employed in his youth. The name undoubtedly did much to determine the religious character of the Camillus story.

403 B.C.

403 B.C.

M. Postumius Albinus: his filiation in the Capitoline Fasti identifies him with the consular tribune of 426 (4.31. In.). 1. 3. regem creavere: it is only thirty-five years since Veii had a king and there has been no talk of a change in the constitution (4. 17. I n.). The omission may be a mere oversight. But the two reasons given for the neutrality of the rest of Etruria-monarchy and impiety-are too schematic and too Roman. Veii, as the arch-enemy of Rome, had to lack those qualities which were most characteristic of Rome (libertas, pietas) if her extermination was to be recognized as a merited judgement. The true reason was that the interests of Veii and the rest of Etruria were radically different. 1. 4. regis: his name is not disclosed. Besides Lars Tolumnius the only other king ofVeii known to history is Morrius whose name is plausibly connected with Mamurius (I. 20. 4 n.). ludorum: I. 35. 8 n. The games were held to be a religious ceremony. intermitti: I 7. 2 n. 1.5. duodecim: 33. 9 n. The scene of the games may have been Volsinii. artifices: 'performers', ef. Cicero, pro Arch. 10; pro Quinctio 78. Dancers and wrestlers would be intended primarily. The story is traditional and could be based on fact. 1. 9. ancipitia: The only point at which it was possible to approach the city along relatively level ground was on the opposite side to Rome (at the north-west gate) where the roads to Tarquinii and Nepi left the walls. I t was here that the Roman army must have tried to blockade Veii although their lines of communication with Rome could be cut and their encampment was vulnerable to attack from the north. It was, therefore, necessary to construct a double line of defences facing opposite fronts like the Peloponnesian lines before Plataea (Thucydides 3. 21. I with Gomme's note). aliis: sc. munimentis. auxiliis is dat. after obstruebatur. 'A second line facing Etruria was to prevent by its fortifications any help coming from there.'

2. 3. hoc illud esse: 'that was the point of instituting military pay'. A variant of the colloquial hoc illud est = T6o' (TOUT') JKELVO, 'I told you so', 'just as I said'. See Page on Euripides, Medea 98 for examples in Greek and Latin. donum inimicorum: Casaubon acutely noted that the proverb resembles Sophocles, Ajax 664-5

5.

1.11

d,\,\' JaT' d'\"YJ8~s ~ {3pOTWV 7TapOLf-L{a EX8pWV aowpa owpa KOVK OV~aLf-La.

2. 2-14. Tribunician Protests The protests of the tribunes against the principle of campaigning throughout the year and of building winter-quarters to house the troops blockading Veii make a nice contrast to Appius Claudius' reply. They are formulated in indirect speech, whereas Appius speaks directly. The excitement and indignation of the tribunes is mirrored in short sentences, staccato expostulations, and hasty hyperboles. While the tribunes' language is violent and often coarse (2. 3 nn., 2.4 n., 2. 7 n.), Appius is dignified, availing himselfof the full resources of rhetorical technique. See Lambert, Die Indirekte Rede, 36, 48, 7I.

Cf. also Menander, Sent. 166; Virgil, Aeneid 7. 350. The use of the proverb is in keeping with the popular tone ofthe tribunician harangue. inlitum fore: Peerlkamp (on Virgil, Aeneid 7. 350) wished to delete fore, arguing that the gift had been presented in the past and that therefore its harmful properties should be referred to in the past tense too (inlitum sc. esse). 2. 4. venisse: ef. Sallust, Or. Macri 19. A radical slogan. ac domus ac res: the first ac links cedere and invisere, the second domus and res (ef. 4. 6 n.). For the former Wex read aut, Weissenborn nec but no change is necessary. Cf. 9. 38. 14. 2. 6. hiemem: the description of the discomforts of the besiegers recalls the plight of the Greeks before Troy as described, e.g., in Aeschylus, Agamemnon 559 ff. urbem tutantes: editors do not draw attention to the difficulty of these words but Jac. Gronovius, who proposed tutante, rightly remarked 'non cives tutantur sed ipse situs'. You cannot protect a city by its position. A city can, at a pinch, be said to be protected by its position (so Gron.) or you can protect yourself by the defences and position of a city. Cf. 32. 4 moenibus armati se tutabantur. Read situque naturali urbis (se) tutantes and for the loss of se ef. 3. 62. I, 5. 32. 4, 40. 10, 6. 6. 10. 2.7. nivibus pruinisque obrutum: there may be a passing allusion in these words to Cicero's contemptuous reference to Catiline's supporters (in Cati!. 2. 23) : quo pacto illi pruinas ac nives peiferent? Cf. 6. 4. n. sub pellibus durare: militarily there was a clear distinction between a semi-permanent bivouac under canvas, for which the technical term was sub pellibus habere (Caesar, B.G. 3. 29. 2; 23· 18. 15,37· 39. 2) and a permanent winter-barracks (hiberna) made of wood and stone. The former was the regular way of quartering troops away from garrisons on a summer campaign, while the latter served as the quarters during the winter. Only in very exceptional circumstances were troops liable to be called upon to sleep under canvas during the winter. The normal arrangements are described by L. for 215 (23· 46. 9) and IQO (37. 39· 2) and the usual type of winter quarters (hiberna) is illustrated by the excavated camps at Numantia. The Romans at Veii

63 2

633

2. 1. hibernacula:

2.

7 n.

403 B.C.

403 B.C.

proposed the construction of permanent quarters and there is no reason to doubt the tradition. A blockade of the main approach route to Veii would have been futile if not sustained throughout the year. The tribunes are made by L. to misrepresent the proposal and allege that the troops are to be forced to live in temporary bivouacs suitable only to the conditions of summer. No trace of the Roman encampment has been uncovered. The institution of a winter blockade is dated by Plutarch to the seventh not the fourth year of the siege. 2.8. quod ... exercerent: if the words are not interpolated as a gloss, they must be explicative of hoc servitutis 'this degree of slavery, the tyranny which the consular tribunes exercise over the Roman people', and the clause ut .. .facerent be dependent on hoc. Many editors have objected to the reduplication, Luterbacher wishing to delete ut .. .facerent and Conway, followed by Bayet, quod . .. exercerent. But the words occur not only in N but in Ver. and there is still no certain example of a gloss in the archetype of these two traditions. Madvig reads quod . .. exercerent as an independent interrogative sentence but we should rather, with Pettersson, compare 6. 40. I I where a similar reduplication is found. If that is not favoured, I would follow Allen who took quod . . .faceret with the succeeding sentence inserting cum: quod <cum) ... exercerent, quidnam ... facturi essent. 2. 9. proconsularem: 3. 4. IO n. 2. 11. ne in turba quidem haerere: 'there no longer remains any plebeian even in the mob .. .'. collegas: nisi, added by Ver. before c., does not construe and must be a confused repetition si ni-hil above. Cf. 3. 45. 2 n. 2. 14. ante: 4. 48. 6.

loquar (5. 6) ef. de Har. Resp. 41; laxamentum dederis (5. IO) cf. pro Cluentio 89; sequantur viam consilii (5. I I) cf. in Catil. 4· 9; insanabilem morbum (5. 12; cf. 13· 5) cf. Tusc. Disp. 5· 3; si . .. certe (45· 23· 17) ef. pro Q.uinct. 65; medius fidius cf. Phil. 2. 67 with Denniston's note; e.ffeminata ... moUes (6. 4) cf. Tusc. Disp. 4. 64; erubescant (6. 5) cf. pro Caelio 8; patrocinium mollitiae (6. 5) cf. de Leg. Agr. 2. 9; optatum ... contingere ef. ad Fam. 5. 2 r. I et al.; scelera latere (6. 15) cf. pro Sex. Roscio 118; for mollitiae inertiaeque (6. 5) cf. Sallust, Catiline 52. 28. For other conventional elements see 3. 8 n., 4. 4 n., 4. 7 n. See R. Ullmann, La Technique des Discours, 6r.

5.2.6

5. 3-6

Prooemium : insinuatio

Ap. Claudius meets the intemperate demands of the tribunes with reasoned arguments. Slight discrepancies between his speech and the surrounding narrative (4. 3 n., 6. 4 n., 6. 9 n., 6. 14 n.) show, as its position in the book also suggests, that it is a free composition by L. himself. Carefully constructed on the best oratorical principles, it contains, as do many of L.'s early speeches, a high percentage of oratorical commonplaces. To be noted in particular are the four traditional similes-the bad doctor (3. 6 n.), the sick man (5. 12 n.), the birds of summer (6. 2 n.), and the naval battle (6. 4 n.)-all of which have a long pedigree of use. The speech is throughout in strict 'classical' style, recalling and perhaps influenced by Cicero at many points. The following list contains the more striking turns of phrase which find counterparts in the works of Cicero : For turbare concordiam (3. 5) ef. de Leg. Agr. I. 2; invitus moror (4. 8) cf. pro Cluentio 168; necessitate imposita (5. 3) ef. pro Sulla 35; quid . ..

Appius impugns the motives of the tr. pl. 3. 2. si unquam: see 4. 3. 3 n. for the introductory formula. 3. 4. iniuriis vestris: 'wrongs suffered by you' not 'wrongs done by you'. Appius contrasts the present and the past. In the past the people may have suffered at the hands of the patres but their hardship elicited much less activity from the tribunes than their present afHuence. Both Madvig and Housman wished to read nostris for vestris, spoiling the point of the antithesis. For the subjective use of vester cf. Delz, Thes. Ling. Lat., 'iniuria', 1676. 77 ff. Contrast r. 59. r. 3. 6. opus quaerunt: so also Cicero, Tusc. Disp. 3. 81 'haec Graeci ... in singulos libros dispertiunt: opus enim quaerunt ... et tamen, ut medici toto corpore curando minimae etiam parti si condoluit medentur'. artifices, a general term for anyone practising a trade, is here shown by the context to refer particularly to the doctors; cf. Propertius 2. r. 58; Seneca, Dial. 7. 26. 8; et al. qui et, read by N (Ver. is lacking here), has been variously corrected. After the proverbial opus quaerunt a simple connexion is expected introducing a clause which will amplify and explain the laconic allusion of the proverb. Neither quippe (Buttner, Luterbacher) nor quis et (Brakman, Bayet) meets that need. Muretus' [qui] et (Gronovius) is better than Conway's qui ret] because qui and the like are frequently interpolated and corrupted in N. Here the preceding quaerunt facilitates what is at any time a simple mistake (inquieti M. Muller). 3. 7. nisi . .. dicitis: omitted by Ver. as a result of homoeoteleuton after agitis. The words are required to introduce the tribunes' supposed objection which would be too impossibly abrupt otherwise. They are also characteristically Ciceronian: ef. pro Sex. Roscio 82. Merguet quotes more than fifty instances of the same idiom from Cicero's speeches. For similar omissions in Ver. cf. 4. 8, 7. I, 27· 7. 3. 8. servis . .. domini: such mute obedience, so untypical of Greek practice to judge from Aristophanes and Menander, was recommended by Greek theory (Plato, Laws 6. 777). At Rome slaves did not enjoy

634

635

3-6. The Speech if Ap. Claudius

403 B.C.

403 B.C.

quite the same freedom of intercourse (contrast [Xenophon], Ath. Pol. I. 12; Demosthenes, Philip. 3. 3) but the nearest parallel to the prohibition adduced by Claudius would seem to be the rules laid down by P. Piso for the conduct of his slaves (Plutarch, de Garrul. 18). See J. Vogt, Sklaverei und Humanitiit (Abhandl. Akad. Wissen. Mainz, 1953)' Cf. also [Xenophon,] Resp. Laced. 6. 3. comitate . .. oboediens: Appius makes capital out of contemporary moral platitudes. The phrase dicto audiens atque oboediens, 'marked by pleonasm and assonance, seems clearly an allusion to some formal and solemn use' (G. W. Williams, Hermes 86 (1958), 97 n. I). The connexion of dicto audiens or oboediens with imperium, evident also in Plautus (e.g. Miles 611; Amph. 991; Bacch. 439; Pers. 378), indicates that it was the technical expression defining the duty of obedience of a citizen to a magistrate with imperium, although L. also used it more loosely of subservience to the Senate (4. 26. 9; cf. Caelius, ad Fam. 8. 4. 4). In the present passage Mr. Williams detects an echo of the terms of the soldier's sacramentum (cf. Caesar, B.G. I. 40. 12). But if it was the duty of the subject to obey, it was the duty of those in a position of power to display comitas towards those under them. Hence the virtues of comitas and obsequium are often as here (3. 9) linked together. Cf., e.g., Laudatio Turiae I. 30. 3. 9. humani: Wolffiin (Liv. Kritik, 25) observed that whereas quid, aliquid, quicquam, &c. are often found with the gen. of 1st and 2nd decl. adjectives (e.g. nihil magni = nihil magnum) they are never so found with genitives of the 3rd declension. He, therefore, conjectured humani animi here (cf. 4· 13· 4, 45. 32. 5). non dico civilis, however, introduces an afterthought or correction, as if L. had si quicquam humani esset in mind when he began to write the sentence (cf. 7.4.6, 5· 23· 5) and only added civilis later. The anomaly can in this way be understood. Wolffiin's conjecture, which by confining the quality under discussion to the mind weakens the force of the appeal, is made improbable by the close analogy of 7. 4. 6. 3. 10. perpetua concordia: the argument that a unified state is capable of unhampered prosperity formed the staple of Plato's Republic (Bayet calls particular attention to 4. 420-3) and is often emphasized by Demosthenes (cf., e.g., Philip. 3. 28-29).

Tractatio I: Rifutatio

5· 3· 8

Partitio 4. 1. atque ego: the new section calls for a mild resumptive particle, not a strong adversative. atque (ego) plays this role at 28. 28. I, 34. 4. 12 whereas atqui ego (;..,; Conway) is not found in L. (Filgner). Cf. Horace, Sat. I. 10. 3 I (with Fraenkel, Horace, 130 n. 3). quo: quod (Ver.) is to be preferred, the whole clause explaining hoc consilium (cf. 3· 49· 7)·

5· 4· 3

(a) aequum 4. 3. numquam: the alleged reason for the tribunes' opposItIon to military pay, that it was unprecedented, disagrees with the narrative of 4. 60. 3-4 where they are afraid that it will result in new and oppressive taxes. L. is, however, fond of the Principle of the Dangerous Precedent which he uses to effect in Canuleius' speech (4· 4. I) and the discrepancy here may be seen as evidence that Claudius' speech is a freely elaborate composition by L. himself. 4. 4. opera sine emolumento: an old proverb which in the form 'the labourer is worthy of his hire' is familiar from the New Testament (Luke 10. 7; I Tim. 5. 18), but which goes back to classical times. Mr. A. N. Bryan-Brown reminds me of Aeschines 3. 182-3 7TO;"'VV 7T6vov V7TOfLELvaVTfS .•• ifT7Juav owpEav.

labor voluptasque: the T67TOS" is borrowed (directly or indirectly) from Plato, Phaedo 60 b. 4. 6. ab domo ac re: 'let him therefore be resigned to remaining away a little longer from his home and his property, which is now under no heavy charges' (Foster). at (Ver.) is confirmed by 2. 4 which passage also disposes of any reasons for deleting ab domo as a gloss. 4. 7. ad calculos ... vocat: the apostrophe by the state is analogous to the incident in the first speech against Catiline where the fatherland is represented as reproving Catiline (18). That model ensures that it is the state which is calling the soldier to book and not vice versa. ad calculos vocare is used once by Cicero in this sense (Lael. 58; cf. Val. Max. 4.8. I). an tu: as at 32.21. 15 great emphasis is laid by the word-order on tu'do you, a mere soldier, dare to hold this opinion?', whereas we expect attention to be called to the outrageous nature of the soldier's belief that it was fair enough to get something for nothing. Ver. read anitu which Jung divined to be the remains of an id tu. The emphasis is now placed where it is expected. Cf. 9. 34. 8, 2 I. 3· 5. solidum . .. stipendium: 'a whole year's pay'. (b) civile 4. 8. mercennario . .. civibus: the emotive distinction between citizens and mercenaries was much played on by Greek orators. Greek cities, unlike Rome, had to depend heavily upon the services of soldiers of fortune whose loyalty was too often available to the highest bidder. Cf. Nicias' arguments to the Athenian assembly (Thucydides 6.20-22). 4. U. decem: the comparison with the Trojan War had a special relevance in the case of Veii but was no original point. It is made earlier by [Demosthenes] 60. 10. 4. 13. septiens: 4. 32. 2 n. Note the short, simple sentences in which 637

403 B.C.

403 B.C.

the crimes of Veii are catalogued. Each is self-contained. hodieque, therefore, in 4. 14 must = etiam hodie, not et hodie (cf. 42. 34. 2 ; Veil. Pat. I. 4. 2) and a semicolon not a comma should be put before it.

struggle.' All four verbs are independent and of equal weight. For the polysyndeton cf. 21. 16.4; see Kuhnast, Liv. Syntax, 28 7. 5. 8. quid: Ver. omits the following quod and reads with N nunc oblivisci. With that reading the text could only be punctuated quid periculi dijferendo bello adimus? nunc oblivisci nos concilia patiuntur and could only be understood as 'what risk is there, it may be objected, in prolonging the war? As things are at present the frequent Etruscan meetings allow us to forget.' Which is nonsense, quite apart from the grammatical difficulty of quid periculi = quod periculum. Appius' point is that the frequent negotiations among the Etruscans indicate that only a slight change of attitude on the part of Veii would result in Etruria committing herself wholeheartedly to her support. Time is short. The required sense was seen and restored by Petrarch. 5. 12. non hercule dissimilia: L. employs another Ciceronian T07TOS- (in Catil. 1. 3 I ) .

5· 4· 13

(c) utile et necessarium 5. 4. nunc consultum: 'to come now to pure military considerationsto what personally touches our troops in the field-those troops whom the gallant tribunes after trying to rob of their pay now suddenly wish to protect from hardship'. 5. 5. ingentis utramque rem operis: so Ver. utrumque rem N. res is required as in Praif. 4 res est praeterea et immensi operis. duxerunt: duxere Ver. rightly. The proportion of -erunt to -ere for the 3rd pers. plural of the perfect in Book 5 is 45-58. duxere makes for variety with the followingfecerunt. Cf. 3· 57. 9 n., 4· 7. 8. spectantes: I. 9 n. 5. 6. exsudetur: 4. 13. 4 n. 5.7. minus: the text here is uncertain and Conway's apparatus misleading. The problems need to be resolved. (I) The sentence quanta ... cura is certainly an exclamation, not, as in the O.C.T., a question. 'How much less trouble to carryon than to begin from scratch every time!' But can quanta est minus mean 'how much less trouble'? Weissenborn-Muller quote no parallels nor have I been able to trace any. The regular phrase is minus est operis (cf., e.g., Cicero, Verr. 1. 147 utrum existimatis minus operis esse) or minus est operae. Hence Hell changed opera to operae and Luterbacher proposed (operae) opera. operum tanto labore factorum (5. I I) shows that Hell's alteration cannot be right but some emendation is evidently required. Luterbacher's is linguistically less good than (operis) opera but gains support from operae . . . iactura below. (2) How is cura to be understood? As it stands it could either be an instrumental abl. with difungi ('to persevere and bring (the siege) to a conclusion by our persistence'; so ]achmann in Thes. Ling. Lat.; cf. 8. 19. 14, 45. 41. 9) or it could be the object of difungi 'to put an end to our anxiety' (Foster, Bayet). Neither pleases. The naked 'by our persistence', the equivalent of diligenter, cannot be paralleled and its place at the end of the sentence is awkward and surprising. The plain noun would certainly need to be qualified by some such epithet as assidua. Equally, however, cura as the object of difungi is misleadingly undefined. Elsewhere it is accompanied by a defining genitive such as bellorum (9. 30. ro, 34. 1. I; cf. 1. 45. 3). Ver. here is illegible (cura cannot be read) but there is clear space for a word of nine not four letters before brevis. certamine is the immediate supplement (d. 33. 6. 3; ro. 13. 4) and must be what L. wrote. certamine was lopped to certa and emended. 'To press on and persevere and put an end to the 63 8

5·5· 7

Tractatio II: Confirmatio (a) utile 6. 1. parta victoriafrui: victoriafrui means 'to enjoy the fruits of victory' not 'to win a victory'. parta, which is read by all the manuscripts, including Ver., except for D, means that the victory has been won (3.62.2), whereasparata (D; see Burman on Petronius 16; cf. Ovid, Heroid. 8. 82) would mean that the victory was ready to be won but not yet actually won. parta is right. In any case it would be premature to enjoy the fruits of a victory which is still only parata. Claudius is reminding the troops that they must win victories as well as enjoy them afterwards. 6. 2. sicut aestivas aves: for the simile of migrant birds d. Plato, Laws 952 d-e, where he classifies four types of travellers, including 'summer business visitors who are like birds of passage taking wing in pursuit of commerce and flying over the sea to other cities while the season lasts'. 6. 3. venandi: the analogy from hunting is old. The ancients regularly advocated hunting as a good form of military training. Cf., e.g., Xenophon, Cyneg. 1. 18; Plato, Laws 823 f-824 a; Aristotle, Politics 1256b23-26; Xenophon, Cyrop. 1. 2. ro; Anth. Pal. 14. 17, 6. 188 (Leonidas); Cicero, de Nat. Deorum 2. 161; Columella I Praif. 17· In constrasting the fit huntsmen with the effete citizens Claudius may also be alluding to Cicero's denunciation of Catiline's supporters (2.23). But the educative value ofhunting was an element in Augustan propaganda and is defended by Horace as promoting Romana militia (Epist. 1. 18,49 ff.; Sat. 2. 2. ro ff.). Whether hunting was a pastime of Romans in the fifth century or not is immaterial. The curious will 639

403 B.C.

403 B.C.

find the evidence set out by]. Aymard (Les Chasses Romaines, 25-41) who shows that it was familiar and popular among the Etruscans from an early date. What is important is that L. here invokes a literary cliche, not an historical fact. 6. 4. navale bellum: anachronistic, for at this date a Roman fleet was not even an idle dream (4. 34. 6--7 n.; 5. 28. 1-5 n.; 7. 25-26; 8. 22-23; see Thiel, Roman Seapower bifore the Second Punic War, 6 ff.). It is therefore legitimate to suspect another oratorical commonplace, for which Hesiod (w. D. 684) and Demosthenes (Philip. I. 31) afford suggestive, if distant, parallels. 6. 5. iuxta: cf. Tacitus, Agricola 22.

5· 6. 3

has been progressively corrupted. If the latter, Gulielmus's Q,uirites is far superior to any other conjecture (quieti Weissenborn, W61ffiin; utique Brakman; aequi Gronovius; benigni Cornelissen) ; for the corruption cf. 3. 67. I and for the emotional adj. with audire ef. 4· I. 4, 25. 38 . 2 3. 6. 16--17. reliquum: Claudius' conclusion corresponds to the tenth locus communis prescribed by the author of ad Herennium (2. 49). Claudius' ironical definition of liberta:> reveals, as Wirszubski (Libertas, 8 ff.) illustrates, that for a Roman liberty was conceived 'in terms of social relations, as a duty no less than aright'. L.'s specification of constitutional government and the duties of citizenship (senatus, magistratus, leges, instituta patrum, disciplina militiae) would have commended itself to every Roman of his day. It should be compared with such passages as 2. 44· 9, 51. 7, 3· 39.8,53. 10, 4. 56. 13, and, above all, Tacitus, Annals I. 2. I munia senatus magistratuum legum in se trahere (Augustus) as against Augustus, Res Gestae 6. For the concepts at issue see Syme, Roman Revolution, 152; Hofmann, Antike u. Abendland 4 (1954), 170 ff. Exception has been taken, e.g. by Bake and Cobet, to the plural mores: but cf. Plautus, Trin. 295; Cicero, pro Fonteio 46; Sallust, Hist. I. 16 M. Here it is no doubt infected by the surrounding plurals (magistratus, leges, instituta).

(b) possibile 6. 9. Jame sitique: Veii did not so succumb and the inaccuracy may be taken as a further proof that the whole speech is a free composition by L. himself. Jame sitique is a glib phrase which trips off the tongue in such contexts (cf. Plautus, Most. 193; Rudens 312; Sallust, Jugurtha 89· 7; Cicero, de Finibus I. 37, 5· 48 ; Tusc. Disp. 5· 98 ; 7· 35. 8,

28. 15· 4). Conclusio: amplificatio-insinuatio 6. 14. Justuarium: the comparison between the agitators and the offenders corresponds to the ninth locus communis of the ad Herennium (2.49). The punishment was inflicted in the following manner. When the offender was condemned, the tribune or commanding officer touched him lightly with his baton (Justis) whereupon the rest of the soldiers set upon him with sticks and dispatched him. If by any chance he escaped or survived, he was prohibited from returning home. For details see Polybius 6.37. I ff. with Walbank's note; Cicero, Phil. 3· 14; Porphyr. on Horace, Epist. 2. I. 154; Vell. Pat. 2. 78. 3; Tacitus, Annals 3. 2 I. I ; Mommsen, Strajrecht, 983-4. The antiquity of the punishment and its etymology are both matters of dispute. Usener (Rh. Mus. 56 (1901), 16-17) claimed that together with so many other military institutions its origin was Etruscan but it is perhaps more likely that it was introduced with the third-century reforms of the army which laid particular emphasis on steady discipline in the ranks. Justis, originally the commander's baton, is variously derived but is perhaps to be connected with gr. 8vpaos or Celtic b(h)ustis (see M. Leumann, Hermes 55 (1920), 107-1 I; E. Fraenkel, Ind. Forsch. 40 (1922), 97-100; Kurylowicz, Melanges Vendryes, 204; Ernout-Meillet; Walde-Hofmann) . 6. 15. adsuestis, Q,uirites: Vel'. read adsuestis audire, N adsuestis qui audire. The question is simply whether N's qui is an interpolation (cf. 10.6 n.) or whether in the common archetype some other word 640

5· 6. 15

7-11. 3. The Siege if Veii protracted (402-1) The main military events of the years, the defeat of M'. Sergius by the Capenates and the Faliscans (8. 4) and the loss of Anxur (8. 2), are historical and the enlistment of a volunteer corps of cavalry is an equally authentic notice (7. 5 n.). The stuffing of the narrative, however, including the sally against the Roman siege-works (7. 2-3), the antagonism between Sergius and L. Verginius (8. 9), the intervention of C. Servilius Ahala (9. 5), and the co-option of C. Lacerius and M. Acutius (10. I I), can in large measure be condemned. L.'s source is betrayed by one glaring anachronism (7. 5 n.) to be a late one and the agreement in error of 10. I (.iIJ. Furio Camillo iterum) with I. 2 indicates that the source is still Licinius Macer. The events of the years, viewed together, serve only to illustrate the demoralization of the Roman people and the failure of their attempts against Veii (cf. 8. 13). The reader is being prepared for divine intervention. See Burck I I 1-13. . 7. 2. patifacta: a repetition of the scene at Fidenae (4. 33. 2 n.). 7. 3. mortales: I. 9. 8 n.

The Volunteer Cavalry 7. 5. census equester: there are two quite separate issues in the present passage. 814432

Tt

403 B.C.

403 B.C.

(I) It is implied that the equites had a different census qualification (the census equester) from the other members of the first class. This is inconsistent with the provisions of the Servian Constitution set out in I. 43. 1-2 where equites and pedites of the first class are assessed alike. A distinct census equester, higher than that of the first class, is first attested in 76 B.C. (Cicero, pro Q. Roscio 42) and may be presupposed by the Lex Acilia of C. Gracchus (C.I.L. 12 • 2. 583) but was not in existence when Polybius wrote 6. 20. 9 (where see Walbank's note). The mention of the census equester by L. here is therefore a major anachronism. On the other hand, the anachronism cannot have been perpetrated by L. himself since under Augustus members of the census equester were equites equo publico but none of them actually served as cavalry. The title had become purely honorific, while the distinction between equites equo publico and equites suis merentes had been obliterated by disuse. It may thus be inferred that L.'s source was writing between 130 and 40 B.C. (2) The Servian Constitution provided for a cavalry establishment of 1,800 but did not make any provision for the supplementation of that number if additional cavalry were required by the military situation. It is certain that in the Punic Wars Rome depended heavily upon supernumerary cavalry, members of the first class who were not enrolled in the eighteen centuries of cavalry but who opted to provide their own mounts and serve as cavalry in preference to being conscripted as infantrymen. The need for such a voluntary supplementation of the established cavalry must have occurred before the third century (7. 25. 8; g. 19. I ff.; 29. I. 3 ff.) and there seems no reason to doubt that it originated during the Siege ofVeii. Communications with the isolated Roman garrisons at Veii would have required constant protection by an efficient cavalry escort against the harrassing attacks of Etruscan skirmishers. The memory of such an innovation would naturally be preserved: it is of a piece with the other military reforms entailed by a prolonged siege-pay and winter service. The volunteers, since service was expensive even if paid (7. 12 n.), will have come from the ranks of the wealthiest members of the first class. See further Mommsen, Staatsrecht, 3· 258, 499; Gerathewohl, Die Reiter, 8 ff. ; J. B. Mispoulet, Rev. Phil. 8 (1884), 177-86; H. Hill, Class. Phil. 25 (1930),244-9; A.].P. 60 (1939), 357-62; Roman Middle Class, 16-19; E. Gabba, Athenaeum 29 (1951),255-6; Walbank,loc. cit. 7. 7. se aiunt nunc esse operamque: Ver., N. Ruperti hit on the true interpretation 'h.e. sicut equites sese obtulerint ad militiam extraordinariam ut equestrem in bello aciem ordinemque augeant, ita plebeios nunc quum equitum alacritatem istam viderint, velle pedites esse pedestrique extra ordinem militia fungi quumadhuc Quirites, vacui, otiosi,

nulloque in acie ac bello fuerint loco'. The common populace, too poor to qualify for ordinary service, are inspired by the example set by their betters in forming an equester ordo, flock to the Senate-house clamouring that they have now formed a pedestris ordo and offer their services voluntarily. There was, of course, properly no pedestris ordo: the populace claim to have formed one and coin the phrase specially. Cuper's emendation of the passage (pedestris ordinis aiunt nunc esse operam: 'it was now the turn of the p. o. to offer their services ...'), accepted by most editors including 'Weissenborn and Conway, misses the force of nunc and the humour of the phrase p. o. See H. Hill, G.R. 43 (1929), 12- 13. 7. 9. ex superiore loco: the scene recalls one of the more tumultuous demonstrations of the late Republic. L. uses contemporary political jargon to promote the illusion; for reip. insultarent (7. 4) cf. Cicero, Verr. 5. 132; for jama ... pervasisset (7. 6) cf. de Imp. Cn. Pomp. 44; for amplissimis verbis gratiae actae (a technical expression) cf. Phil. I. 3; for voce manibusque cf. pro Rab. Perd. 32. 7. 10. beatam . .. urbem: 4· 4. 4 n. 7. 11. donee: deinde Ver., rightly, because it would be grotesque to picture the assembled company weeping tears ofjoy up to the moment when the Senate was re-convened. Two separate phenomena are being described: the emotions of the public and the convening of the Senate. 7. 12. Ver. 's order (equitibus peditibusque) is rare (1. 44. I, 21. 4. 8, and eight other passages) compared with the great frequency of the other (cf., e.g., 4.28.2) and is on that account to be preferred (cf. also 29. 33.6). N's order gains little support from the argument that since the pedites displayed the more unexpected altruism they should be named first. See Conway on 27· 13· 9. memorem pietatis: a lapidary phrase appropriate to the formal expression of the Senate's appreciation. It is frequently found on inscriptions commemorating the devotion of children to their parents (e.g. G.I.L. 9. 5 I 67) : here, by extension, the devotion is to the state, the common parent of all Romans. aera procedere: 4. 59. I I n. For the amounts of pay in later times see Walbank on Polybius 6. 39. 12-15 and Watson, Historia 7 (1958), I 13 ff. In ratio the pay of the cavalry was always three times that of the infantry (7. 41. 8). Whereas the equites equo publico now received pay in addition to the regular allowances of aes equestre and aes hordearium for the upkeep of their mounts (I. 43. 9 n.), the volunteers apparently only received pay but not the allowances. They were compensated by having a shorter period of service. The additional revenue to meet the extra expense was found by two taxes which are recorded as having been imposed in this year (403) by the censors on bachelors

64 2

643

5· 7· 5

5· 7· 7

5· 7. 12

403 B.C.

402 B.C.

and orphans (Val. Max. 2. 9. I; Plutarch, Camillus 2. 2). The facts speak for themselves. 7. 13. tum primum equis suis: for the text see J. Walker, Supplementary Annotations on Livy (1882); C.Q.. 9 (1959), 278. hic in the reading of M (tum hic primum equos si merere) merely symbolizes that the scribe knew that his version was defective (= h.d.; cf. E. A. Lowe, Studi e Testi, 126 (1946), 36-79) and should not be used as a basis for conjecture (tunc primum Weissenborn; hinc primum Walters, Bayet) since tum primum is almost invariable in L. (I. 7. 12,2. 58. 1,3.63, I 1,4.29.8). suis is needed to make it clear that the new cavalry were supplying their own horses (cf. 7. 5; so Ver. ; the Periocha has equis suis mereri).

Sutri, and Falerii, Capena had an interest in the sUccess of Veii's resistance to Rome, since the defeat of Veii besides removing their principal centre of trade would open the whole of the Ciminian plain to Roman advance. See Hulsen, R.E., 'Capena'; a full-scale study of Capena and the Ager Capenas has been published by G. B. D. Jones, P.B.S.R. 17 (1962), 118 ff. Faliscorum: 26-27 n. 8.6. iam antea: 4.17. II.

The Difeat

5· 8. 4

if the Romans at Veii

By a typical 7TEpt7T€TEta the Romans' hopes which had been raised to a high pitch by the spontaneous volunteering of infantry and cavalry are dashed by the personal jealousies of the commanders. The defeat is historical: the cause belongs to a familiar class of motivations which only historians supplied to bring the facts to life. For this motivation cf. also 4. 3 I. 2 (Plathner, Schlachtschilderungen, 12; Bruckmann, Rom. Niederlagen, 40). A different explanation of the facts is offered at 9. I n. 8. 11. ne quam: for Ver.'s omission of quam cf. 4. 14. 6 n. 8. 13. pauci ... illi: a word must have fallen out after rei publicae signifying the great majority of the Senate who were concerned not with the interests of the state but with partisan support for one or other general. All the early editions restore multi but plerique (Kiehl, Andresen) is palaeographically superior and gives better sense. It cannot be supplied from the context (Bayet). huic atque illi = vel huic vel illi; cr. Propertius 2. 25. 46.

8. 1. C. Servilium Ahalam: 4. 56. 2 n. Q.. Servilium: Q.f. P.n. Fidenas, according to the Capitoline Fasti; cr. 14. 5, 24· I, 36. I I. He came from a distinguished family, his father having been dictator in 435 (4. 2 I. IO n.) who acquired fame and a cognomen by his defeat of Fidenae. Quintus himself held a long series of high offices and is mentioned as an interrex in 397 (17. 4) but his character is as elusive as his policy. See Munzer, R.E., 'Servilius (56)'. L. Verginium: L.f. 0retr. n. Tricost(us) Esqui[lin(us) , son of the consul of 435 (4. 21. 6 n.). He is not otherwise known (Gundel, R.E., 'Verginius (14)'). For the corrupt praenomen pI in the manuscripts see 2. IS. I n. Q.. Sulpicium: Ser.f. Ser.n. Camerinus Cornutus; cf. 14· 5. His grandfather must be the consul of 461 (3. 10. 5 n.). A. Manlium: 4. 61. I n. M'. Sergium: 4.61. 4 n. 8. 2. Anxuri: 4· 59· 3 n. 8. 4. Capenatium: Capena (from root kap with Etruscan suffix -ena cf. Capys 4. 37. I n.) has been recently identified with the modern Civitucola (see map) as the result of several inscriptions set up there by Capenates foederati. The town is situated on a steep hill some I t miles in circumference to which the only access is through a rocky defile, easily blockaded. It was therefore a position of great natural strength. Indeed the Romans never attempted an assault on it but were content to ravage the surrounding country (12. 5, 13. 12, 14· 7). Of some antiquity (finds from the necropolis go back to the eighth century), its ties lay with neighbouring Falerii whose culture it shared and with Veii whence it was traditionally said to have been colonized (Servius ad Aen. 7. 697; the text is corrupt). The successive capture of Veii and Falerii by the Romans isolated Capena which was no longer able to hold out on her own. Her land was incorporated in the tribus Stellatina instituted in 367 and the city itself was given the status of a municipium which it continued to enjoy under the Empire. Together with Nepi,

9. 1. Kalendis Octobribus: 3. 6. I n. L. offers two explanations for the supersession of the military tribunes, culpa and irifelicitas. The only cause which could lead to such a drastic step, involving, as it did, the institution of a new magisterial year and the return of the auspices to the patres, would be the discovery that they had been vitio creati (4· 7· 3 n.). Such a detail would have figured in the Annales. 9. 3. at enimvero: apparently unique here, although P in isolation reads at enim vero for at enim at 4. 4. I ; it was evidently also the reading ofVer. It should not be tampered with (at enim [vero] Luterbacher). The plain at enim would regularly introduce an objection whereas a strong adversative is required here. L. has a liking for such pleonastic forms: cf. verum enim vero (4. 4· 9). intercedere: a confusion by L. or his source since the tribuni militum do not, like the tr. pl., possess the power of veto. Cf. also the tendentious in auctoritate senatus (9. 4; 4. 26. 7 n.). The whole passage has an air of constitutional quibbling. 9. 4. hominum: surprising, since the struggle is traditionally between

644

645

402 B.C.

401 B.C.

the orders and it is hard to see the point of hominum. Perhaps ordinum (Whibley). 9.5. C. Servilius Ahala : his intervention is a duplication of the part which he plays in 4. 57. 3 and resembles an episode in the life ofQ. Servilius Priscus (4. 26. 9). The train of his remarks is not altogether clear. ad vos is picked up by in vobis animi, minas by in iis iuris, and animi probably has its usual sense of courage or spirit. 'I should dearly like to prove that your threats are as illegal as your behaviour is cowardly (in that you only dare to speak up when the city is rent by dissensions).' The difficulty lies with the sentence beginning sed nifas est. Ifit is taken as rebutting the earlier sentence (i.e. 'but I will not take time now to prove it because it is wrong to impede senatorial business'), we are bound to assume that his revelation of the tribunes' malpractices would be contrary to the Senate's resolution-an assumption which has no warrant and little probability. It is better to put a strong stop after esset and take the sentence as a protest put into the mouths of the tribunes (sed = at enim). ' "But it's wrong to thwart the Senate" you say, and imply that you were justified in threatening anyone who tried to stand in the way of the Senate's resolutions. All right. You stop trying to exploit the situation and either my colleagues will resign or I will appoint a dictator.' For the order collegae aut . .. aut (ego) dicam cf. Praif'. 4. ne = nae 'to be sure', here as often with a personal pronoun (cf. Cicero, de Finibus 3. I I : see Kuhner-Stegmann 2. I. 796). The subjunctive experirer is conditional: 'I would gladly make trial of ... '. 9. 7. terrieulis: the word is used once else by L. also in a reported speech (34. I I. 7). It is a revival of an archaic word employed by Accius and Afranius, not found in any of the late Republican prose writers.

10. 3. cooptandis: 10. I I n. 10. 5. tributo: perhaps an allusion to the special taxes referred to in 7. 12 n. 10. 6. gravifl: with the manuscript gravia indignioraque we must understand, with Pettersson, an ellipse of erant after gravia since indigniora(que) is clearly governed by faciebant. Pettersson does indeed adduce 2 I. 14. 3 'quod imperium crudele, ceterum prope necessarium cognitum ipso eventu est', wherefuit is to be understood after crudele. The passages are hardly analogous, for -que (like TE) is a more intimate connexion than ceterum and in the latter passage the subject of both clauses remains imperium. Intrusive -que is so frequent in the manuscripts ofL. (cf. 2. 32. 10 n.) that there should be no scruple in deleting it. For the combination of gravis and indignus cr. 23. 14· 7, 32. 35· 3, 34· 37· 3· Note how the concord temporarily established by the volunteering of the cavalry is gradually broken down so that the need for Camillus becomes urgent and imperative. 10.7. tertium: i.e. from the start of the all-year siege ofVeii. The war itselfwas now in its fifth year (quintum Glareanus), but it is a tacit proof that the start was pushed back two years to secure a ten-year length. 10. 9. labore, vulneribus, postremo aetate: 'bodies worn out by toil, wounds and, finally, years'. The picture of the desolated country and the emasculated veterans is Gracchan colouring. In particular for inculta cf. Plutarch, T. Gracchus 8 (Gracchus on his way to Spain in 137 B.C.). It is unreasonable to suppose that agriculture was as depressed in the 39o's-even allowing for the incidence of malaria-as the tribunes protest. Gracchan, too, is the oppressive burden of taxes: cr. Ti. Gracchus' proposal to distribute the legacy of Attalus (Plutarch 14; Livy, Epit. 58).

10.1. L. Valerio: 4. 49.7 n. M. Furio: I. 2 n. M'. Aemilio: 4· 53. I n. Cn. Cornelio: 4. 58. 6 n., 56. 2 n. For the iteration of both Cornelius and Fabius see 4.61.4 n., where it is suggested that the discrepancy with the Capitoline Fasti, who list Cornelius III and Fabius II under this year, is to be explained by the supposition that L. is here following Licinius Macer. Such a supposition would be in line with the second tribunate ascribed to Camillus (1.2 n.). K. Fabio: 4. 61. 4 n. All five were men of an experience and service that contrasted sharply with the evident youth and incompetence of their predecessors. If the defeat at Veii is factual, it would be reasonable to suppose that Rome would call back to office her most distinguished generals. L.lulius lullus: 16. I, L.f. Vopisci n., a son of the consular tribune of 438 (4. 16. 7 ff.).

10. 11. legis [tribuniciae]: could only mean a law initiated by a tribune or tribunes, and not a law regulating the conditions of the election of tribunes (cf. 3. 56. 12, 5. 29. 6), but the reference here is clearly to the Lex Trebonia (3.64-65 n.) which was designed to prohibit the infiltration of the college of tribunes by the co-optation of patricians. It is true that the law was proposed by a tribune, Trebonius, but it could not have been referred to as the lex tribunicia after so long an interval without further definition. It is equally certain that L. did not write here legis Treboniae (Pighius, Bekker) since the context and word-order of I I. I (Treboniae legis; see Catterall, T.A.P.A. 69 (1938), 3 14; cf. 7· 2 I. I, 3) show that the law had not been referred to by name earlier (Mommsen, Staatsrecht, 2. 277 n. 2). The only acceptable solution is, with Madvig, to delete tribuniciae.

5· g. 4

5·

10·3

The Proposed Co-option if Patrician Tribunes

647

401 B.C.

401 B.C.

C. Lacerius et M. Acutius: the names are not wholly imaginary. Lacerius occurs on an inscription from Rome (C.I.L. 6. 35645) and Acutius, common after A.D. 100, is also recorded on inscriptions from Rome and Praeneste (C.l.L. 14. 3047 ff.; see Schulze 68). None the less there is much to be said for the view that the names were originally chosen for their meaning (acuere and lacerare)-'the Harriers'-and that the whole incident is a doublet of the equally implausible co-optation of Aternius and Tarpeius in 448. If there was doubt about the date of the Lex Trebonia, it might well figure twice in history, especially since a Verginius is a leading figure in the state on both occasions (T. Verginius, consul in 448: L. Verginius). The two, presumably anonymous, patricians who attempted to secure co-optation are also duplicated together with the author of the law. In one case the patricians are given aetiological names, in the other they are identified, at the cost of historical credibility, with two consulars distinguished for the introduction of a law that eased the conditions of the plebs. See E. Meyer, Kl. Schriften, I. 137 ff.; MUnzer, R.E., 'Lacerius'.

is the idiom after a quasi-concessive participle (ef., e.g., 2. 64. 3 pulsi ingentes tamen praedas ... egere and other examples in E. Mikkola, Die Konzessivitiit bei Livius, 56, who rightly defends the text here) and is also required to join petissent and expugnassent. The force of quidam, which Haupt had doubts about, is that not the whole Senate was concerned in the dirty business; the ringleaders were the patricians while a notable member ofthe opposition would be P. Licinius. There remains tribunos militum. Haupt, H. J. MUller, and Bayet excise it. But it is needed to make the historical succession clear; since it cannot be the object of expugnassent, it should be the agency employed, i.e.
5.

10. I I

11. 2. is . .. arguere: 'he complained bitterly that what the patricians after an initial setback had secured by the agency of the consular tribunes, namely, as he loudly protested, the mockery of the Trebonian law, the co-optation of tribunes not by popular vote but patrician dictation, the present deplorable position whereby tribunes must either be patricians or patrician toadies, the annulment of the sacred laws, the theft of the tribunician prerogatives-all was the result of the dishonesty of the patricians and the treachery of his colleagues'. A breathless and tortuous sentence. arguere, a historic infinitive (arguebat Sigonius), is the main verb, governing id . . .factum (esse). id picks up quod petissent ... expugnassent, while the rest of the sentence is a parenthesis dependent on vociferans containing an explanatory list of offences to substantiate the general charge of quod . .. expugnassent. The underlying structure, therefore, is: is, quod petissent, id fraude factum arguere. In the parenthesis the verbs are coupled et

(I) sublatam et cooptatos (esse) (2) eo revolvi ut ... eripi ... extorqueri ...

i.e. two coupled past passive infinitives linked by et to three present passive infinitives in asyndeton. The meaning of the quod-clause is 'what the patres had wanted but only secured after an initial setback, viz .. .', the subject of expugnassent being the same as repulsi and petissent; ef. 2. 1 I. 1 Porsenna primo conatu repulsus ... castra posuit. There is no need to alter tamen which

648

S.

11.2

11. 4-12. 7. The Trial of Sergius and Verginius At many points L.'s account of the trial of Sergius and Verginius is open to objection. Even if money fines are no longer at this date anachronistic (2. 52. 5 n.), prosecutions by tribunes cannot have been constitutional at least until the Licinio-Sextian laws (2. 35. 5 n.). Furthermore the names of the prosecutors are suspicious: P. Curiatius (the form Curatius is not found) should be a patrician (3. 32. 1 n.) as also, at this date, should M. Minucius be (3.33.3 n., 4. 12. 1 n.) and it is more than doubtful whether the Metilii were yet established in Rome (4. 48. 1 n.). Curiatius evokes C. Curiatius, the sordidissimus tribune of 138 B.C. The association of M. Metilius and M. Minucius is highly suggestive recalling, as it does, the activities of the tribunes of 217 in securing the nomination of M. Minucius Rufus as dictator and the parallel is heightened by the mutual recriminations on military matters between Q. Fabius Cunctator and M. Minucius. The demolition of the circumstantial superstructure need not, however, invalidate the fact that Sergius and Verginius were tried and condemned, presumably on a charge of perduellio. The case resembles in its particulars the prosecution of 476 (2. 52. 3 n.). The speech (5-16) is a fine example of pathetic and indignant oratory: the whole disaster is blamed on the patricians as a deliberate attempt to weaken the resistance ofthe plebs, and full retribution must be exacted from the guilty. It is contemporary in tone, containing several rhetorical commonplaces (I I. 6 n., 1I. 16 n.) and conventional phrases (e.g. for liberis, fratribus, propinquis, ar!finibus (II. 5) ef. Cicero, Part. Or. 35; for consenescat (11.9) cf. ad Aft. 2. 23. 2; for stare res publica his manentibus cf. Phil. 2. 92. Notice the carefully elaborated structure: quibus •.. quibus . . . quibus qui . .. qui (II. 5); et ab senatu et ab populo R. et ab ipsorum collegis et senatus consulto ... et ab collegis ... et populum R . ... (II. 10-13). 11. 6. omnium ••• malorum ••• causas: the dpX~ KaKWJJ, a commonplace

401 B.C.

401 B.C.

going back at least to Herodotus (5. 97) and perhaps earlier (ef. Homer, Iliad 5.63; Thucydides 2.12.3 with Gomme's n.). It became almost proverbial also in Latin: ef. Cicero, pro Caelio 18. accusatorem: as L. introduces it, the prosecution seems to be the work of all three tribunes. Hence accusatores (Giers) but, as elsewhere, L. has taken over an embryonic speech from his source without completely adjusting it to its new surroundings. In Licinius Macer it may safely be assumed that only one accusator spoke at a time. The singular should be kept. fugam ... Vergini: note the elaborate triple chiasmus. 11. 7. compeeto: 'by mutual agreement'. 11. 10. praeiudicium: 3. 40. I I n. collegis: collegiis N; parallelism with I I demands collegis (Petrarch) not collegio (Walters). 11. 11. remotos: 'removed from office' not 'exiled'. 11. 12. confossos: apparently legal slang 'worsted'. Only here in L., for effect. Cf. Val. Max. 8. I absol. I I causa quamquam gravissimis criminibus erat corifossa, septies ampliata ... est. populi iudicium: anachronistic (2. 35. 5 n.). 11. 14. cum fuga ac pavore trepidum, plenum volnerum: Fiigner's transposition of the manuscript text is certain. fuga and pavor are often linked together (e.g., 38. 2) ; volnera and pavor never, so that the correction plenum volnerum ac pavoris (Gronovius, Crevier, Ruperti, Drakenborch) can command little support. No other conjecture (a pavore Seyffert; cum pavore Madvig) so easily satisfies the linguistic and palaeographical requirements. 11.15. caput detestatusque: 30. 20.17,39,51. 12. 11. 16. minime arment: the 707TOS is taken over in full from Demosthenes, de Falsa Leg. 80. admovere: 'lay hands on'. Hence often in erotic contexts, e.g. Propertius I. 3. 16; Ovid, Ars 3· 134.

militia: the plain abl., for militiae or in militia (2. 58. 4) is found only here in L. (ef. Yarra, Men. 223) and is corrupt. Insert
5.

I I.

6

5·

12·4

12. 1. Martem: cf. Cicero, pro Sestio 12; pro Milone 56; 7. 8. I, 8. 23. 8, 31. 5· 12. 3. legem agrariam: 2. 41. 3 n. 12. 4. ad exitum rei: ad exitum spei, which is read by the majority of editors, including Gronovius, Conway, and Bayet, would have to mean 'until all their hopes were finished' and, as a phrase, is unparalleled. In fact, however, it is only the reading of 7T and the archetype had ad exitum rei which gives excellent sense. The tribunes sarcastically comment on the Roman military success which has been so pronounced that no war has reached a definite solution. For the expression ef. 3.53.2; Quintilian 4. 2. 41, and for the repetition res ... rei, a feature ofL.'s earlier writing, ef. I. 60. I, 2. 3 I. 7,35.4, 2. 18.2 (Pettersson).

12.8-17. Religious Sanctions Taken against Veii (400-397) Purely political and military measures undertaken against Veii have failed. The Romans attribute their failure to divine displeasure and take such steps as are open to them to remedy the situation: the lectistemium (13. 6 n.), the seer ofVeii (15.4 n.), and the Delphic oracle (16. 9-1 I n.). The first and last of these are likely enough to be authentic facts, even if the circumstances have been doctored to the extent of relating them directly to the issue of the war with Veii whereas the character both of the lectistemium and of the consultation of Delphi suggests that they were motivated not by the protraction of the Veian War but by a series of wasting plagues. The story of the seer ofVeii, on the other hand, belongs to the realm of folk-lore rather than historical fact. In addition the Annales evidently provided a few military and pontifical (13, I, 13.4,17.3) details, from which Roman historians developed a continuous narrative. The paucity of facts about the siege itself favours the belief that it was suspended in consequence of the enfeebled state of Rome herself. L. could not allow this because for him the siege had to last ten whole years and because he was anxious to create a religious climate which needed only a fatalis dux in the person of Camillus for Rome to be led to victory. Accordingly he alternates passages of religious and military narrative (religious: 13.4-8,14. 2-5,15. 1-12, 16.8-17.5; military: 13· 9- 13, 14.6-7, 16. 1-7, 17. 6- 10). There are various pointers that L. now abandons Licinius Macer in favour of Valerius Antias once again as his source. There is a" clear contradiction between 14. 5 and 10. I (Camillus iterum) and between 13. 3 (n.) (centuriae) and 18. 2 (tribubus). Also no amount of textual surgery will bring the magistrate lists of 12. 10 and 13. 3 into line

650

65 1

5.

400 B.C.

400 B.C.

with 18. 2 or make aetate iam gravis (12. I I) the equivalent of exactae aetatis (18. I). It might at first sight seem paradoxical to suggest that L. 's source for the consular tribunate of a plebeian, and a Licinius at that, should not be Licinius Macer but it is evident that ch. 18 is more partisanly in favour of P. Licinius than ch. 12 where the main source hints that Licinius was elected not through any merits of his own but through the popularity of his kinsman Cn. Cornelius. The exact point of transition cannot be recovered, perhaps at 12. 3, since 12. 3-4' repeats the argument of 10.5-6, or at 12.8. See Burck I I 1-15. 12. 9. unus ex plebe: 18. 5 n. Notice that it is not necessarily implied here that Licinius was the first consular tribune elected from the plebeians. Licinius' family is uncertain. He is said to be ajrater ofCn. Cornelius Cossus (10. I n.), a relationship confirmed by the garbled Koaaor; ALKLwLOr; of Plutarch (Camillus 4.6; cf. 15. 3 n.) but whether that means that he was a son of P. Cornelius Cossus adopted by the Licinii (4. 52. 4 n.) or that he was a half-brother or even a cousin of Cn. Cornelius is obscure. At all events his relationship with the Cornelii shows him to be no revolutionary and the subsequent radicalism attributed to him and his family are supposititious, the product of the normal sympathies of the Licinii. He would have been a most acceptable candidate to the patres. See Mommsen, Rom. Forschungen, I. 95 ; Miinzer, Rom. Adelsparteien, 10-13; R.E., 'Licinius (43)'. usurpandi iuris causa; 4· 44· 4 n. 12. 10. ceteri patricii creati: a deep confusion persists about the college of this and the following year. Licinius Macer (18. 2 n.) evidently listed only four in addition to Licinius-L. Titinius, P. Maenius, Cn. Genucius, L. Atilius. His source may be assumed to have been the libri lintei and cannot be relied on. The Capitoline Fasti give

candidate for office this year and if L. Furius Medullinus is the right reading here he must be another otherwise unknown member of the family (Miinzer, R.E., 'Furius (68)'). Historically it is more likely that he was Sp. rather than L. since the confusion of two identically named persons was usually avoided but there is nothing to prove that L. is not what Valerius Antias and/or Livy wrote. Sigonius emended Popilius to Publilius. At first sight the cognomen Vulscus would support the change. The Publilii, as the locality of the tribus Publilia shows, came from Volscian territory and it is likely that they were of Volscian origin and migrated to Rome, not, as Schur thought, in the fourth century but in the early fifth since they provided a notorious tribune in 472 (2.55.4 n.). The Popilii, on the other hand, are not repr?sented in the Fasti before M. Popillius Laenas, consul in 359. On that eVIdence, Publilius might seem to be the right reading here: the name was vulgarly written as PopIiIius (C.I.L. I z. 1526; cf. Publicola and Popli~. cola). But the cognomina are misleading. Philo, added by the Fa~t~; is a transparent device to provide a link between the early Pubhlu and the Publilii Philones, while Vulscus instead of being an indication of origin is probably no more than a misunderstanding of Volusus. L. could have written Popilius. The real difficulty lies in the statement ceteri patricii. The Titinii are plebeian (3. 54· 13 n.; a tr.pl. in 192), so also are the Maelii (4.12. I n.) and the Popilii or Publilii. Only Manlius and Furius qualify as patricians. 12. II. nullis: the quaestorship had only been open to plebeians since 420 (4· 43· 12). 12. 12. triplex stipendium: 7. 12 n., but Cornelius had not been consular tribune in the year when pay for the cavalry was instituted. The clear discrepancy is a further proof of change of source at this point. Valerius Antias must have dated the innovation to 404 (4. 61. 4) or 401 (10. I), not 402.

12.8

[P. Man]lius M.f. Cn.n. Vulso [L. Titini]us L.f. M'. n. Pansa Saccus P. Maelius Sp.f. C.n. Capitolinus Sp. Fu [r]ius L.f. Sp.n. Medullinus L. Poblilius L.f. Voler. n. Philo Vulscus.

5.

12. 10

It might be expected that L.'s list would tally with the Fasti if L. is following Valerius; for Valerius is less idiosyncratic than Licinius. But, in the manuscripts at least, there are striking divergences. Manilius for Manlius and P. Titinius for L. T. (2. 15. I n.: note the surrounding P's) may be mere errors of transcription but Popilius for Publilius and L. Furius for Sp. Furius look like genuine variants. The numeration of the consular tribunates of the great L. Furius Medullinus given both by L. (Val. Ant.) and by the Fasti (4.44. I n.) rules out the possibility that it is he who is masquerading in disguise as a

13. I. insignis .•. juerit: prodigies fi'om the Annales (3. 5. 14 n.). For other prodigies concerning the Tiber see 4. 49. 2 n. annona: 2. 34. 2 n. 13. 3. M. Veturius: for the form of the name see 3. 8. 2 n. Ti.f. Sp.N. Crassus Cicurinus according to the Fasti, which would make him a nephew of the consular tribune of 417 (4.47. 7n.). For the whole college of this year see Beloch, Rom. Geschichte, 252. plebeios: all five are plebeian, unlike the five patricians in the preceding year. omnes ... centuriae: 18. 2 n. M. Pomponium: 3. 54. 13 n., probably the first of the Pomponii to emerge to distinction. L.f. L.n. Rufus according to the Fasti, but the

652

653

399 B.C.

399 B.C.

cognomen, held by the famous friend of C. Gracchus who shared his

2. 41. ro n.). In 461 after a host of prodigies they recommended certain rituals (D.H. 10. 2) and warned of internal and external disturbance (3. 10. 6-7 nn.). In 433, during a pestilence, they were interpreted by the duoviri as recommending the foundation of a temple of Apollo (4. 25. 3 n.). These recommendations have the hallmark of authenticity and, together with the present passage, strongly support a Greek origin. The duoviri sacris faciundis, expanded in 367 into decemviri and, perhaps in 82 or 8 I, into quindecimviri, were originally the keepers of the books. The increasing introduction of Greek cults on the advice of the Greek-inspired books meant that their responsibilities gradually broadened into general supervision of all Greek rites (Varro, de Ling. Lat. 7. 88) both in Rome and outside. Here again the development is consistent and credible. Whether established under the kings or not, duoviri are a feature of the early Republic-consuls, tribunes, quaestors, d. perduellionis-and the provision that the books should only be consulted by them on a decision from the Senate is in keeping with the position of that body in the constitution. For detailed discussion of the libri Sibyllini the reader is referred to H. Diels, Sibyllinische Blatter, 1890, 6-20, Wissowa, Religion, 536 ff.; W. Hoffmann, Wandel u. Herkurift d. sib. Bucher in Rom (1933); Altheim, History of Roman Religion, 240-2; R. Bloch, Melanges Ernout, 2 I ff.; Latte, Religionsgeschichte, 160- I: of the duoviri to ]. B. Carter, Mem. Am. Acad. Rome, I (1917),9-17; A. A. Boyce, T.A.P.A.69 (1938), 161 ff.; Latte, op. cit. 397-8. 13. 6. lectisternio: the ceremony whereby certain gods are invited to partake of a sacrificial feast. Couches are brought out with images of the gods reclining on them and tables are laid before them with viands. Three questions present themselves in connexion with this passage. (I) Where was the ceremony introduced from? In origin it is undoubtedly Greek, corresponding to the 8wg~v{a and the KJo,,{vYJv aTpWaat although the Greek rites were much more representational and vivid than the Roman (Athenaeus 6. 239 b ff.). There was an old cult of ]uppiter Dapalis (Cato, de Re Rust. 132; cf. ]uppiter Epulo; Cicero, de Drat. 3. 73) that dates back to the earliest levels of Greek influence in Roman religion (Latte 74), in which food-offerings were made to ]uppiter with prayers for good crops. The lectisternium, however, is a more sophisticated institution. L. lists this as the first and places the third in 364 (7.2. 2), the fourth in 349 (7. 27. I), and the fifth in 326 (8. 25. I), and there is no reason to doubt the facts. The influence of the Sibylline oracles also points to a Greek source, as do the characters of the gods involved. Delphi has been suggested and the introduction of the lectisternium used to confirm the tradition of the subsequent consultation of Delphi (15.3 n.). But Hermes and Herakles

5· 13· 3

last hours (Plutarch 17; Val. Max. 4. 7. 2), is no doubt anachronistic and suggests that the political activities of M. Pomponius and his brother (5. 29· 6) owe something to the later adventures of their namesake. See Gundel, R.E., 'Pomponius (7)'. Cn. Duilium: for the form of the name see 2. 58. 2 n. K.f. K.n. Longus, according to the Fasti, i.e. a son of the putative decemvir of 45 0 (3· 35· I I n.) but the filiation is demonstrably false. See Munzer, R.E., 'Duilius (8)'. The Fasti and Diodorus 14. 54. I call him C. but the correction of Cn. to C. in the text ofLivy can hardly be justified. Voleronem Publilium: P.f. Voler. n. Philo, a grandson of the tribune of 472 and, supposedly, a cousin of the consular tribune of 400 (12. Ion.). The cognomen is a false attempt to connect the early Publilii with the Publilii Philones. For the praenomen see 2. 55. 4 n. There is no reason to question his credentials. See Gundel, R.E., 'Publilius (12)'. Cn. Genucium: M.f. M.n. Augurinus, i.e. a son of the consul of 445 (4· 1. I n.; see 3. 33. 3 n. for the early history of the family). Like Pomponius, he may historically be the first of his name to reach high office. See also 18. 7 n.; Munzer, R.E., 'Genucius (ro)'. L. Atilium: L.f. L.n. Priscus, a son of the first consular tribune in 444 (4· 7· In.). 13. 4. pestilens: 3. 2. I n. In the following clause causa must mean the real cause, divine displeasure, rather than the immediate agency, but cura (Otto; cr. Vell. Pat. 2. 123; Silius Ital. 6. 551), already adumbrated by Tan. Faber ('legendum nee curatio nee finis. Vel, nee remedium nee finis. Quae verba hinc sumpsisse videtur epitomistes in re alia: cuius remedium et finis per novas religiones quaereretur') is attractive. The phraseology looks ritual, cr. ro. 47. 6 quinam finis aut quod remedium . .. ab diis daretur, 22. 57· 5. 13. 5. libri Sibyllini: 3. ro. 7, 4. 25· 3, 5· 50. 2, a collection of oracles, traditionally acquired by the last Tarquin off a Sibyl from the Euboean colony of Cumae which were consulted not for the purpose of discovering the future but of learning by what steps the gods were to be appeased. The name Sibylline is doubtless late (the oracles were not forecasts and the Sibyl, as opposed to the books, played no part in Roman religion) but the tradition is in essentials trustworthy (D.H. 4. 62 ; Zonaras 7. I I. I). The fact that the books were kept in the temple of Capitoline ]uppiter shows that they were connected with the institution of that triad. Such prophetic practices had been long established in Greece before the sixth century and it is significant that at Athens similar oracles were kept on the Acropolis (Herodotus 5. 90 ; cr. 7· 6). Moreover, the early notices of the consultation of the libri look genuine. In 496 during a famine they recommended the institution of the cult of Libel', Libera, and Ceres (D.H. 6. 17; cr.

655

5· 13· 5

5.13. 6

399 B.C.

399 B.C.

have no place in Delphic theoxenies (Diodorus 8. 32. 2). Etruria is another candidate. Paintings in the 'Tomba del letto funebre' at Tarquinii have been interpreted as depicting a lectisternium (Messerschmidt, Studi Etruse. 3 (1929), 519; Basanoff, Evoeatio, 157-8) and the close relationship with Caere at this date makes the hypothesis look attractive, since Caere had long contacts also with Delphi. The six deities and the rites, however, are too specifically Greek and if there was any single home of the cult it should probably be sought in southern Italy. (2) What common characteristics or attributes have the six deities to account for their selection? The circumstances of all the early leetisternia-severe pestilences-may be taken as proof that the deities are invoked for their powers of healing or protection. Apollo naturally heads the list, although in much later lectisternia he is replaced by Juppiter, and he is naturally accompanied by Latona (25. 12. 13; G.I.L. IZ,p. 252 : the associationofLetoandApolioinGreekiscommon). At the other end Mercury and Neptune must be included in their capacities as protectors of trade and seafaring, to safeguard desperately needed food-supplies. There is no suggestion of the powers of the old Italian god Neptune. The puzzle revolves round Diana and Hercules. L. has one other equally tantalizing and uninformative reference to a lectisternium and a supplieatio ad aedem Hereulis in 218 (21. 62. 9). The oldest cult of Hercules, at the Ara Maxima in the Forum Boarium, near the Circus Maximus, was a private cult in the hands of two families, the Pinarii and the Potitii (I. 7. 12 n.), and was no state cult. In this worship Hercules was evidently characterized as a god of commerce (Plautus, Rudens 150; see Latte 215). This role might, therefore, seem to fit him for an association with Mercury and Neptune but such a solution seems excluded by the fact that the Ara Maxima cult was still in the fourth century in private hands, and because it is expressly stated that apud aram maximum observatum ne leetisterniumjiat (Macrobius 3.6. 16), which may be taken as evidence that the Ara Maxima Hercules did not participate in leetisternia either. Other shrines of Hercules are indeed known. One of H. Invictus (or Victor) was situated ad portam Trigeminam with a festival on 13 August (Fasti Allif.; Macrobius 3. 6. 9 ff.). Another, the temple of Hercules Magnus Custos in the Circus Flaminius (Ovid, Fasti 6. 209-12; Fasti Venus.), is of uncertain date. In both cults the attributes of Hercules remain veiled in mystery, but some evidence can be adduced for supposing that he was regarded as being in these other cults not a commercial god but (at least primitively) an agricultural god. Offering was made to Hercules and Ceres on 2 I December (Macrobius 3. I I. 10) and a sacrum Hereuli is prescribed for the month of June in the Menologia Rustica (Fasti Vallens.) , perhap to be identified

with the festival of Hercules Magnus Custos on 4 June given by other Fasti. In short it could be held that Hercules was included in the leetisternium either as a purifying god of agriculture or as a god of commerce. We cannot decide for certain, since Diana equally may have been included either as the guardian of woods (Nemorensis = nemorum ineola; cf. G./.L. 6. 124) or as the protector of women (= JIPT€/-w; El'\€{()vta). (3) Is the text of L. here correct-Apollinem Latonamque et Dianam, Hereulem, Mereurium atque Neptunum? D.H. 12. 9 writes /-L{av /-L~V 'A '\\ ~"H \ Kat" A ,~ , ~"E.t:l7TOI\I\WVt Kat, A YJTOt, €T€paV O€ paKI\H .t:lpT€/-LLOt, TptTT)V O€ P/-LTJ

65 6

A"

5. 1 3. 6

A

IIoUHOiiJVL. L. clearly implies that there were only three lecti with two gods apiece. In view of this, and since L. and D.H. must depend ultimately on the same source identified as Piso by D.H., editors have transposed the text and written Hereulem et Dianam (W6IfRin, Luterbacher, Weissenborn-Muller; cf. 22.10.9). If the problem were a purely religious one, L. or his source might have been influenced by the fact that Apollo, Latona, and Diana do appear as a triad (Pliny, NoH. 36. 34; G./.L. 6. 32) and rearranged the order of the gods as a result. But the problem is linguistic. This arrangement and linking of the nouns has no parallel in L. (Kuhnast, Liv. Syntax, 286 ff.). W6lfRin's transposition should therefore be accepted. The variation between -que, et, and atque is only significant stylistically (Catterall, T.A.P.A. 69 (193 8),3 01 ); cf. 6. 22. 5, 8. 37. 6, 9. 38. 8. For detailed discussion of these obscure points see Pascal, Riv. di Filol. 22 (1894), 272 ff.; \Vissowa, Religion, 421 ff.; R.E., 'lectisternium'; Bayet, Les Origines de l'Hereule Romain, 260 ff.; W. Hoffman, Philologus, Suppl. 27 (1934), 68 ff.; H. Lyngby, Beitriige z. Topographie des Forum-Boarium-Gebietes, 53-56; J. Gage, L'Apollon Romain, 168 ff.; Latte 242-4. 13. 7. tota urbe: the Bank-Holiday atmosphere, evoked by this description of friendly hospitality throughout Rome, is specially said by D.H. 12.9 to have been an addition by Piso (fr. 25 P.). It is false. On other occasions leetisternia were not accompanied by such scenes of general rejoicing with the release of prisoners and the suspension of crime. Piso took it from Greek models. At the Dionysia and the Thesmophoria it was customary TOUS oW/-LWTaS d
657

Ull

399 B.C.

398 B.C.

in force during sacrifices (Cicero, de Divin. I. 102 : ef.. Noti;;,. ?cavi: 19 28 , 39 2 ne quis litiget neve rixam faciat). vinctis dempta mncula (m PISO the holiday was for 8Epa:TrOJJTE<;, i.e. slaves) is. p~ralleled by the rules connected with the house of the Flamen Dmhs (Aul. Gell. 10. 15· 8 vinctum si aedes eius (flaminis) introierit solvi necessum est et vincula per impluvium in tegulas subduci atque inde foras in viam demitti). 13. 9. antea: 8. 5 ff. . ' 13. 12. Punctuate nec ita multo post iam palantes velutl forte oblatl; populatores Capenatis agri reliquias pugnae absumpsere. oblati denotes the victims who are attacked, the Capenates (cf. 15· 4, 9. 3 1. 7, 10. 19· 16, 40. 55. 4) : they are a wandering rabble (palantes; ef. 2. 2~. 3, 4· 55· ~) who form a chance prey for the Roman foragers (velutl forte obl~tl; ef. 24. 48. 7). The numerous emendations o.f the senten~e rangmg from Crevier's quingenti (for veluti) to Madvig's velut tutl forent are neither necessary nor beneficial. See C. Q.. 9 (1959), 283.

The Alban Lake The tunnelling of an outflow for the Alban Lake is a matter of history. The tunnel survives to this day and still functions. The entrance is below Castel Gandolfo, the outlet at La Mola. The total length of the tunnel is some 8,125 ft., with a height of approximately 5ft . 3 in., and an average width of 3 ft. I I in. From La Mola the stream flows above

ground for some 3 miles before joining the Tiber. Its date, its purpose, and its connexion with the Siege of Veii require, however, detailed discussion. The existing stone-work provides no answer to the question when the tunnel was constructed. The square arch at the outflow dates from the first quarter ofthe first century B.C. but there are extensive stretches ofearlier, undatable masonry (Lugli, Tecnica Edili;;,ia, 358). An attempt to establish the date of the construction was made (e.g. by de la Blanchere) by connecting it with the cuniculi built for drainage purposes widely throughout Etruria and Latium from the eighth century onwards. In consequence many scholars hold that L.'s date for the emissarium is too late and that in reality it was constructed by the Etruscans in the sixth century. This view contradicts the unanimous testimony of the ancients (Cicero, de Divin. I. 100; Diodorus 14· 93; D.H. 12. 1 1-!7; Plutarch, Camillus 5--6; Val. Max. I. 6. 3), and has not been established archaeologically. There was no question of draining the Alban Lake. The waters diverted off by the emissarium were not used for irrigation nor is it easy, despite L.'s abundasset (15, I I n.), to believe that there was a need to regulate the level of the lake against a danger of overflowing. The lake is fed by no springs or streams and the lowest point in the perimeter is a good 300 ft. above the level of the inflow of the emissarium. On the other hand, there was a real danger of seepage through the porous strata into the country lying at the foot of the crater. Swampy ground meant malaria. It does not demand too much of the Romans (or the Greek experts at Delphi) to have realized this and to have undertaken works of public hygiene as well as of ritualistic piety (the lectisternia) to combat the severe pestilences with which they were currently afflicted. In short, the case for an earlier date for the construction of the emissarium is not proved. 398 (or, absolutely, 394) provides an admirable context. None the less the connexion with the Siege of Veii at first sight seems bewildering. The Alban Lake lies many miles to the south of Veii, in territory which had long been Latin and had never been under the control of Veii. It is, of course, true that the Romans, like the Athenians, could not have been expected to win a war when crippled with plague. But the psychological importance attached to the building of the emissarium suggests a profounder connexion. If the Romans really did breach Veii by a cuniculus (19. 10 n.) and if at the same time a tunnel was being dug at Lake Albano, the successful outcome of two superficially similar operations would inevitably be linked in the minds of the superstitious. See Piranesi, Antichitd d'Albano; C. Merkel, Die Ingenieurtechnik, 150-3; de la Blanchere, Daremberg-Saglio, s.v. 'emissarium' ; T. Ashby, P.B.S.R. 5 (19 10 ),277; A. Celli, Die Malaria, 52; J. Hubaux 121-49;

658

659

s·

13· 7

14. 1. communicatum: 4· 54· 7· 14. 3. priore . .. proximo: L. is thinking of consular r~ther than calendar years. We are still in the year 399 but L. regards It as closed (haec eo anno acta) and so can call the insanabili~ pernicie: (I 3· 5) an event of last year (proximo anno) and the exceptlOnal wmter (13, I) the winter of the year before that (priore anno). 14. 4. libris fatalibus: 15. I I. The term is wider than and inclusive of the Sibylline books. It would also include the books of Etruscan discipline. . . discrimina ... confundi: the distinction between plebeIan and patncian gentes was being blurred by destroying all patrician privilege and allowing patricians and plebeians to be equally eligible for supreme office. For the question of plebeian gentes see 2. I. 10 n. 14. 5. L. Valerium: 4· 49· 7 n. M. Valerium: 24. I, M.f. M.n. Lactucinus Maximus according to the Fasti. His father is unknown unless he is to be credited with the triumph recorded by the Fasti for 437 (4.20. I n.). For the cognomen Lactucinus cf. Pliny, N.H. 19· 59· M. Furium: I. 2 n., 10. I n. L. Furium: 4. 5 I. I n. Q.. Servilium: 8. I n. Q.. Sulpicium: 8. I n. Both are given cognomina but not at 8. I which is suggestive of a different source.

5. '5

398 B.C.

G. Baffioni, Stud. Etruschi 27 (1959), 303 ff.; also Gage, Mil. d'Arch. et d'Hist. 66 (1954),39 If.

15. 1. multa nuntiari: the historic infinitive appears to have been read by the archetype and, since multa certainly was, the text may be kept. Luterbacher, however, was attracted by U's reading multi nuntiavere which gives a phrase from the prodigy style (cf. 28. I I. 3, 3I. 12. 6, 3 2.9. 3,40. 19· 2). altitudinem: the flooding of the Alban Lake was an ancient myth. It was alleged to have occurred in the reign of Allodius (D.H. I. 7 I. 3) or Amulius (Dio Cassius = Zonaras 7. I). It is possible that there was a superstition that the flooding occurred in cycles, like the Nile (D.H. 12. lO-II), and that such a superstition was exploited to expedite the construction of the emissarium. See Pease on Cicero, de Divin. I. lOO. 15.3. oratores: Plutarch (Camillus 4.6) names them as Koaaos ALK{VVWS Kai OuaMpws IIOTtTOS Kai wd.{3ws /1p.{3ovaTos. Cossus Licinius must be P. Licinius and the surprising Cossus, apparently a praenomen here, must in reality be a cognomen. It will either be a confusion of the fact that he was related to the Cornelii Cossi or even evidence that he was born a Cornelius Cossus and only became a Licinius by adoption. The omission of the names by L. conforms to his policy of keeping to the central story with the minimum of distractions. Delphicum: see I. 56. 4 n. for an earlier occasion. The tale that the Romans dedicated a tithe of victory to the Pythia in the shape of a golden bowl, which was stolen en route by the Liparians but subsequently restored through the good offices of the pious Timasitheus, seems to be founded on fact (25. 7-lO, 28. 1-5). It was evidently dedicated in the treasury of the Massiliots, for even after the golden bowl itself had been melted down by Onomarchus, the bronze stand on which it had stood survived for all to see in their treasury (Appian, Ital. 8; see Fouilles de Delphes, 2. I. 48). The mention ofLiparians and Massiliots looks authentic. When the Lipari islands were annexed 146 years later their special privileges (e.g. hospitium) were confirmed while the links between Rome and Marseilles had always been close (I. 45.2 n.) and still were so (Justin 43. 5.8). The dedication, however, need not entail the consultation. Many scholars accept the one but reject the other, principally on the ground that the emissarium is older than 398 and, hence, afortiori the Romans could not have consulted Delphi about it. The first proposition is not incontrovertible (see above). It has, however, been argued in addition that the consultation of Delphi is a doublet of the seer and, since Cicero only alludes to the latter, is unlikely to be the original story. Furthermore Roman religious law officially forbade the consultation of foreign oracles, per660

398 B.C.

5· '5.3

mitting reference only to the Haruspices or the libri Sibyllini. Possible contexts for its fabrication have been recognized in the appeal to Rome by Delphi in 125 B.C. or in the 'loan' of sacred treasures made to Sulla by Delphi in 86 (Plutarch, Sulla 12-19). Yet even if Delphi and the seer are doublets, the latter, a timeless and legendary anecdote, is more likely to be the child rather than the parent of the duplication, particularly if Parke is right to see in him the person of Helenus, the seer of Troy. Such Trojan importations have already been certified in the story ofVeii. In a national crisis when the ordinary rules were overthrown, as in the Second Punic War, recourse was had to Delphi. The situation in the 39o's was not unlike the Punic Wars. Plague and war threatened Rome and the lectistemium is symptomatic of a religious emergency in which the traditional forms were found inadequate and were superseded. The plain fact remains that there is nothing implausible in fourth-century Rome being in touch with Delphi, or in Delphi, after the end of the Peloponnesian War, being interested in Rome. Rome's ties with Caere are very close and the Caeretans were regular in their attendance on the Pythia. See Daux, Delphes, 372 If.; W. Hoffmann, Philologus, Suppl. 27 (1934), 129 ff.; Parke-Wormell, The Delphic Oracle, I. 267-9; C. Lanzani, Miscellanea Galbiati, I. 129 ff.; Latte, Religionsgeschichte, 224 n. I. 15.4. senior quidam Veiens: the story is also told byD.H. (12.11-14), who makes the Roman a centurion (ttoXayos), Plutarch (Camillus 4), and Cicero (de Divin. I. 100, 2. 69). There are no significant differences except that L. stresses the religious importance of the episode by contrasting the youth and age of the figures (15, 7 n.), by modifying what appears to have been the traditional form of the prophecy (see below) and by introducing appropriately religious phraseology (e.g. cecinit). As evidence of the lateness of the anecdote we may note that, as in the story of Servius Tullius and the sacrifice (I. 45. 3-7), it is in order for the Romans to cheat but not for the Veientes or the Sabines. The myth will have been attached to Veii rather to provide a counterpart for the Trojan prophecies of Helenus than to prefigure the Evocation of Juno (Hubaux) which did not require force. cecinit: the formulation of the prophecy must be due to L. himself. Cicero gives the text: 'nam ilIa praedicta Veientium, si lacus Albanus redundasset isque in mare fluxisset, Romam perituram; si repressus esset, Veios'. A sidelight on L.'s instictive patriotism is that he passes over the possibility of Rome's destruction and gives only th~ second half of the prophecy (15, I I n.). L.'s hand can be seen too in the startling postponement of Romanum and its juxtaposition to Veiis as well as in the very use of Romanus (15, I I, 16.9; cf. 2. 7. 2) which must be a collective singular denoting the Romans as a whole; a qualifying 661

5. IS· 4

398 B.C.

398 B.C.

noun like imperator cannot be understood in the context and it is grotesque to suppose that Romanus is a proper name (e.g. Servius Romanus mentioned in 4. 61. IO: so Hubaux-'Tite-Live ait utilise les archives de la gens Servilia'). The synekdoche is quoted by Cicero from Ennius (de Drat. 3. 168) and is confined to the more sonorous and prophetic passages of epic (e.g. Virgil, Aeneid 6. 85 I with Norden's note; cf. Horace, Odes 3. 6. 2 with Heinze's note; see Lofstedt, Syntactica, I. 15-16). It is obviously appropriate that an oracle which is addressed nominally to a single person (the consulter) but effectually to his whole country should employ such a form of expression. That Romane is characteristic of oracular language is confirmed by its occurrence in two set formulae, Romane, memento (Virgil, loco cit.; cf. the oracle in Zosimus 2. I. 6 fl-€fl-vija8aL, 'Pwfl-aL€) and Romane, cave(to) (16. 9; cf. the parody in Horace, Satires I. 4. 85 hunc tu, Romane, caveto). But in true oracles it would always be used as a vocative and not, as here, as the subject of a sentence. emitto (15, I I, 16. 9, 19. I, 5 I. 6) is the technical term for drawing off water (ef. C.I.L. 14. 85 (A.D. 46); and see Housman on Lucan 7. 625). If the form of the oracle has been reshaped and rephrased by L., there may still be a germ of truth in it. The rivalry between the fate of Veii and the fate of Rome implied by the version given by Cicero does point to an old tradition that both would reach the end of their respective life-cycles at the same time and that only one of them would be renewed (renovatio temporum). The concept of the periodic saecula of a people was deep-rooted in Etruscan theology. The discussion by Hubaux (Phoibos 5 (1950), 73 ff.) is visionary. 15. 5. per ambages ... iaceret: I. 54. 8, 55. 6, 56. 9. 15.6. operae illi esset: 4. 8. 3, 29. 17. 17, 'ifhe could spare the trouble'. The phrase is of interest for it occurs only in Plautus and Persius, besides L., and generally in the context of sparing time to listen to someone (Miles 252; Mere. 14; Pseudolus 377). It is clearly a colloquial cliche, and, as such, is used as a characterizing touch by L. to give life to the dialogue. The grammar of the phrase is discussed in C.R. 8 (1894), 345-7 where it is suggested that operae is dative (ef. voluptati esse), but a genitive is preferable (Enk on Truculentus 883). For such formulas of politeness see Fraenkel, Horace, 350, n. 4. 15. 7. iuvenis . .. senem: notice the chiasmus; other sources do not distinguish so dramatically the ages of the two characters. It may be right to see a symbolic contrast between the youth of Rome (54· 5 novae urbis) and the old age of Veii, which according to Censorinus (de Die Natali 17. 5-6) had lived for a thousand years. 15. 10. revocare: an old proverb; ef. Menander's PL./ms .\6yov TLS OUK aVaLp€LTaL 1TaALV; Plutarch, de Garrulitate 10; Horace, Epist. I. 18. 7 I ; Ars P. 390. The religious offence incurred by publishing what should

be kept secret is often emphasized, ef., e.g., Pliny, N.H. 3. 65. I cannot find any exact parallel for the opposite offence. Cf. 2. 36. 2. 15.11. librisfatalibus: 14.4 n. It does not require sensitive ears to hear in what follows the solemn ring of prophecy. The desertion by the gods ofVeii has, as Ie Bas saw, overtones of the desertion of Troy (ef. Homer, Iliad 22.213; Virgil, Aeneid 2.351-2) but it is in the language especially that the awe-inspiring notes are struck. The present passive victoriam dari, where a personal subject and an active future might be expected, is characteristic of the language of prophecy. The events of the future are envisaged as already taking place. victoria dari itself is rare, occurring outside L. (ef. 16. 10, 3. 8. I I) only in Ennius, Ann. 88 V. and Coelius Antipater fro 26 P. In both passages can be heard the tone of Remembrance Day. Unless L. has misconstrued the purport of the oracle, abundasset must mean not 'had overflowed', for that eventuality would have presaged victory for Veii, but 'had flooded, i.e. risen to a great height' (ef. Frontinus, de Aquaed. 94; Varro, de Re Rust. 3. 5· 2). The deliberate sacral character of the prophecy may help to elucidate the baffling ut quando . .. abundasset, tum presented by the manuscripts. It would seem as if either ut (Duker, Crevier, Madvig, Conway) or quando (Walters, Bayet) was superfluous, but, as Witt~ mann (Jahrb. f Class. Phil. 90 (1863), 250) divined, ponderous repetitiousness is of the essence in such pastiches (ef. I. 24. 3 n.). quando should be taken as indefinite 'at any time' and ut quando = ut primum quando 'as soon as at any time'. Analogies may be found in ut semel (6. 32. 8) or ut subito (Ovid, Heroides 12. 137), although KuhnerStegmann (2. 364-5) offer no exact parallel for ut quando.

662

5. IS·

10

16. 1. L. Iulius: IO. I n. L. Furius: 4. 5 I. I n. For the corruption of the praenomen ef. 2. 15. I n. L. Sergius: M' .f. L.n. according to the Fasti, a son of the consular tribune of 404 (4. 61. 4 n.). For his embassy to Delphi see 28.2. A. Postumius: probably to be identified with the consular tribune of 381 (6.22. 5) and censor of366 (7. I. 8). His filiation is nowhere given by the Fasti which preserve here only ... Regille]nsis. Together with his brothers, Sp. (26. 2) and L. (6. I. 8), he is likely to be a son of the consular tribune of 426 (4. 3 I. I n.). The cognomen Regillensis borne by successive generations of Postumii was traditionally supposed to have been earned by the victor of the Battle of Lake Regillus (2. 19.3 n.) but such honorific cognomina are anachronistic. The provenance and even the tribe of the Postumii are unknown except for the fact that the name is not Etruscan (Schulze 215). The cognomen recalls the Inregil~ lensis or Regillanus of the Claudii (2. 16. 4 n.); they may also have migrated to Rome from the Sabine town of Regillum. See Munzer, R.E., 'Postumius (57)'.

397 B.C.

397 B.C.

P. Cornelius: 19.2 n. A. Manlius: 4. 61. I n. 16. 2. Labicos: 4. 47. 4. The incidents of this year, the siege of Anxur, the attack on Labici, the predatory incursion of the Tarquinienses, may all be presumed to come from the Annales. Sordi (4) argues that chronological manipulations have resulted in the duplication of the war with Tarquinii in 388 but Rome had to recover lost ground after the Gallic Sack (6. 4. 8). The political colouring, however, is anachronistic, added to provide continuity and motivation. 16. 5. prope: if prope is right, the phrase must mean 'with a company consisting almost solely of volunteers whom they had induced to join by their exhortations' (Foster) and prope be the equivalent of prope omnium. H.J. Milller, comparing 9. 10.6 dilectus prope omnium voluntariorum juit, would even insert omnium, but whereas in 320 the levy was evidently hampered but not wholly prevented, the implication of impediebantur is that the consular tribunes were not able to raise any conscripts and had to have recourse to volunteers. prope omnium is inappropriate here nor is any parallel for prope voluntariorum = prope omnium v. forthcoming. It is much more satisfactory, with Kohler and Boot, to read propere for prope 'a hastily raised body of volunteers'. 16. 6-7. multos . .. divisam: language and contents recall 3. 10. I (n.) a typically Valerian section. For mortales see I. 9. 8 n. 16. 9-11. The oracle has often been believed to be a prose version of an old oracular response, which, if not wholly authentic, went back at least to the third century. It was versified by Gottfr. Hermann (Elementa Doctrinae Metrieae, 617), Niebuhr, and Walch and is printed in the Oxjord Book qf Latin Verse (no. 13) with the laconic date '250200 B.C. ( ?)'. In its present form it certainly is intended to look like an ancient prophecy. The collective Romane and the menacing cave (15, I I n.; cf. 35. 2 I. 4 Roma, cave tibi) belong to the oracular style artd many features recall the character of primitive Latin carmina, e.g. the alliterative in mare manare, tum tu (I. 24. 8 n.), the pel iphrastic instaurata . . .jaeito = instaurato. Closer examination, however, indicates that the whole prophecy is in fact a later translation from the Greek, so that the original prophecy will be one of the many spurious Delphic oracles which were circulating in the Late Republic. pandunturjata is not sacral. It occurs only here and in Lucan 6. 590 and Statius, Thebaid 10. 162. ut adsolet (I. 28. 2, 23. 31. 15, 24. 31. 7, 32. I. 9, 37· 14· 4), on the other hand, is meant to look sacral but is a learned fabrication as its earliest use, a bogus provision in Cicero, de Legibus 2. 2 I (cf. Phil. 2. 82), demonstrates. It does not turn up in any genuinely religious setting. portare donum for jerre donum is equally un technical (2 1.~62. 8), occurring elsewhere in Germanicus 419; Catullus, 64. 279. cura omissa is a purely Livian phrase (8. 16. 3, 9. 45. 12; cf. Columella 7. 8. I) and bello perfecto is a sophisticated variant for the normal

bello corifecto (cf. Caesar, B.C. 3.18.4; L. 4· 43· 3, 42.14. I). The Greek origin of the prophecy is betrayed not merely by cave (cf. Herodotus 7. 148 . 3 KEepU/..~V 7TEepU/..ugo and other passages collected by Fraenkel, Horace, 117-18) but by the remarkable use of exstingues. The metaphor of extinguishing water is not Latin. It is used here for the first time (and only here in L.; cf. Aul. Gell. 12. I. 8). In Greek, by contrast, it is early established (cf. Aeschylus, Agamemnon 958 with Fraenkel's note). It is, after all, hardly surprising that a reputedly Delphic oracle should have begun its circulation in Greek and then been translated into Latin. See Parke-Wormell, Delphic Oracle, 2, no. 440; I. Kajanto, God and Fate in Livy, 28. 17. 2. intermissum: cf. I. 4 where the misfortunes of Veii are also attributed to a nifas caused by the interruption of the game (sollemnia quae intermitti nifas). The parallelism is deliberate. vitio creatos: improperly constituted magistrates could not properly conduct religious ceremonies. For interregnum see 3. 8. 2 n. The facts as a whole are archival. For thejeriae Latinae see I. 3 I. 3 n. ; Wissowa, Religion, 124 ff.; Latte Religionsgesehiehte, 144-6; Sordi 169-70. The cult of Juppiter Latiaris on the Alban mount was of great antiquity and the list of communities originally participating in it (Pliny, N.H. 3.69) shows that it did not include the whole of Latium but only those communities grouped round the mountain. There were notable absentees among the Latins, such as Lavinium, Ardea, and Tusculum, who had cults and leagues of their own. Rome herselfcannot have been a founder-member but the disappearance of so many Alban cities and her own expansion enabled her to exploit her ancestral connexion with Alba Longa and gradually to take over the cult, until the distinc· tion between Alban and Latin was obscured and Rome supplied the priests and Varro could speak of the members of the league as Latini populi quibus ius juit cum Romanis. The slow transformation accounts for the discrepant dates of its original foundation. }; Bob. Cicero, pro Planeio 9. 23 attributes the league to the Prisci Latini and D.H. 4· 49. I to Tarquinius Priscus while the actual Fasti (Inser.Ital. 13, p. 143 ff.) ascribe the institution of the jeriae Latinae to the Decemvirs. Each has a grain of truth. The festival will go back to the earliest inhabitants of Latium but its organization seems to owe something to Etruscan influence (Latte, loco cit.). The namejeriae Latinae, however, implying both the participation of all Latins and not Albans only and the predominance of Rome, must be later. See also 19. I n. 17.6. Voltumnae: 4. 23. 5 n. 17. 7. antea: I. 4 n. 17. 8. maxime iam in parte: for the historical basis of this assertion see 34. 8 n. The manuscripts here read maxime in ea parte Etruriae ... novos

664

665

5. 16 . 1

5.16.9-11

397 B.C.

396 B.C.

accolas Gallos esse to which it has been rightly objected that ea parte Etruriae must refer either to Veii or to the rest of Etruria. Ifit refers to Veii, it is both untrue since the Gauls had not yet penetrated so far south, and preposterous in that it makes the reason that deterred the rest of Etruria from helping not that they were themselves menaced by the Gauls but that they were afraid to advance into a land which was swarming with Gauls. If, on the other hand, it refers to the rest of Etruria, it conveys the impression that the Gauls were already disseminated throughout the whole of Etruria, including Veii, although their chief concentration was still in the non-Veientane section. That is historically false. Various conjectures (invasisse in eam partem ... invisitatam. novos ... esse Madvig; proxime enim eam partem ... esse Anon. ap. Weissenborn-MUller; maxima in parte Luterbacher, Conway) and repunctuations (negare maxime. in ea parte . .. esse Ruperti, Lallemand, Rossbach; negare; maxime in ea parte Etruriae (sc. negare). gentem ... lac. Gronovius, Weissenborn, Bayet) have been advocated. Of these Ruperti's is satisfactory. Although the hyperbaton nunc . .. maxime might seem exaggerated, the idiom antea . .. nunc (tamen) maxime is familiar (4. 3. 3 n.) and appropriate to the context. ea parte will, then, refer to the rest of Etruria excluding Veii. Conway excises Gallos without due cause. In over a third of the instances where L. uses ru:cola it is in conjunction with some part of Galli. 17. 10. coeptae: there is a tendency in Latin for a passive info governed by coepi to attract coepi into the same voice: e.g. whereas earlier authors would write urbs aedijicari coepit, L. writes urbs aedijicari coepta (est) (55. 2; see Lafstedt, Syntactica, 2. 123). Here mitescere is logically the equivalent of a passive (e.g. pacari) and should deter any attempt to emend coeptae to coepere (Weissenborn, WalflEn, Luterbacher).

There are manifest indications that L. owes the highly flattering account of the older Licinius' withdrawal in favour of his son to the chronicler of the family, Licinius Macer. One inconsistency in particular may be noted. It is implied by 18. 2 that the college of consular tribunes for 400 comprised in all five persons who were re-elected in the present year whereas the list for that year (12. ro n.) from Valerius Antias has six names, of which possibly only one overlaps with the names given here. See also Ig. 2 n. Little faith can be pinned on the story of the younger Licinius' office. The editors of the Capitoline Fasti firmly opted for the elder (... E]squilinus II) and agreed in that with Diodorus (14, go. I), while the names of his colleagues are plainly corrupt. The tradition may have been old, founded on such stories as the desire of Periander to resign in favour of his son, or it may have been invented to supply

a link in the family pedigree between the older Licinius and C. Licinius Stolo. The manner of his substitution for his father is unconstitutional and it is naIve to believe that the latter should have aged so precipitately in the course of three years (MUnzer, R.E., 'Licinius (43)'). The story is also designed to illustrate a point of law (18. 5 n.). Genucius' death (18. 8) is taken over from the fate of one of his descendants, the consul ambushed in 362 (7. 6. g). The contents of the whole chapter are, therefore, to be treated with the greatest reserve. See Burck 115. 18. 1. praerogativa ... creant: so the manuscripts; cf. 18. 2 iure vocatis tribubus; ro. 22. I et praerogativae et primo vocatae omnes centuriae consulem dicebant. Under the late Republic in the comitia centuriata one of the centuries of the first class was selected by lot to record its vote first. It was called the centuria praerogativa and its vote was regarded as ominous (18. 3 n.). How old the custom was is uncertain but ro. 22. I (2g6 B.C.) is evidence that at that date the sex suffragia or six oldest centuries of equites voted first as of right and were called praerogativae (1.43. I I n.). The change to a single century chosen by lot presumably was effected by a reform of the comitia in the third century and was democratic in intention. The evidence for there having been six praerogativae in early times is admittedly slight but seems to have been part of the Roman constitutional tradition since the system was renewed when special praerogativae centuriae were allotted in honour of C. and L. Caesar and Germanicus, as is attested by the Tabula Hebana (Tibiletti, Principe e Magistrati, 58 n. 2). They may also have been discussed in a mutilated note of Festus (2go L. 'praerogativae'). ro. 22. I is also a Licinian passage and it follows that we should emend the imFossible praerogativa ... creant to praerogativae ... creant and understand by them the Sex Suffragia. Even if praerogativa ... creat (an anachronistic allusion to the procedure after the reform) was the right reading, L. (or Licinius Macer) would still be describing the procedure of the comitia centuriata. Why then does he write iure vocatis tribubus apFarently describing an election in the comitia tributa? In the reformed comitia the centuries were correlated with tribes and referred to by the name of the tribe, iuniorum or seniorum; cf. 24.7.12,26.22.2, 27. 6. 3. Other examples of the centuries of the reformed comitia centuriata being called tribes are collected and discussed by Walbank on Polybius 6. 14. 7 and it is these that must be meant by L.'s use of tribus here. See also Mommsen, Staatsrecht, 3. 2go n. 3; Staveley, A.J.P. 74 (Ig53), I ff.; J.R.S. 43 (Ig53), 34; C.Meier, R.E., Suppl. 8, 'praerogativa centuria'; U. Hall, Historia 13 (Ig64), 279 n. 4g. 18.2. L. Titinium, P. Maenium, en. Genucium, L. Atilium: so the manuscripts but there are two difficulties. We expect the names to tally with the college of 400 (12. ro n.) when Licinius was consular tribune

666

667

5· 17· 8

18. The Election if P. Licinius

5. 18

5. r8.

396 B.C.

396 B.C.

and we expect five names giving a total of six. The Capitoline Fasti have [L. Titinius L.f. M'.n. S]accus II [Po Licinius P.f. P.n. Calvus E]squilinus II [Po Maelius Sp.f. C.n.] Capitolinus II Q. Manlius A.f. [Cn.n. Vulso Capitolinus] Cn. Genuciu[s M.f. M.n. Augurinus] L. Atilius L. [f. L.n. Priseus].

is commonly cited as a parallel for a dat., is entirely different. utilis (Aldus, Ruddiman, Walker), therefore, not utili should be read. 18.4. sed:'\ read et si, 71" si, M sit, which may be taken as evidence that the archetype had transposed et and si and that the reading was subsequently doctored. etsi is preferable to Madvig's sed. 'Even though my colleagues may be (as they are) the same or even better, I am no longer the same: so take my son instead.' 18. 5. vicarium: in the Republic vicarius was used either of a slave kept by another slave (Horace, Sat. 2. 7. 79) or in the most general sense of a substitute, proxy, or 'locum tenens' (Cicero, Verr. 4. 81; 3. 86), but with the increasing complexity of provincial government it became necessary for some system of delegation to be evolved. In order that the ultimate responsibility should rest with the governor it was legally desirable that the governor should be answerable for the conduct of any deputy and that could only be achieved if the deputy was his son and so subject to patria potestas. Hence under the empire the rule was formulated legati vicarios dare non alios possunt nisi filios suos (Papinian, Dig. 50. 7. 14; Marcian, Dig. 50. 7· 5· 4). Whether the procedure went back as far as the Republic is not stated but the present passage looks like a tendentious precedent. See Schneider, R.E., 'vicarius'. do dicoque: cf. 22. 37. 12 sedem ei divae dare dicare. Licinius makes it sound like a religious dedication. For the formula cf. Cicero, Verr. 4. 67; Lex Arae Iovis Salm. ( = C.I.L. 3· 1933). honorem ... mandetis: 4· 3· 5, 57. 2, the technical term; cf. Cicero, Verr. 4. 81; Tacitus, Annals 4. 6. 2. 18. 7-12. The campaign is borrowed from 362 (7. 6. 7-9) as the indecisive conclusion reveals: the panic at Rome with the scenes of women on the walls and of public prayer are taken from the Iliad, as Hector goes out to battle. The whole passage is intended to heighten the psychological excitement before the final episode-the Fall of Veii. The prayer is of a familiar type-an d71"o71"OfLm} by which the supplicant prays that evil may be directed elsewhere; cf. Catullus 63. 92 with Kroll's note; Orph. Hymn. 3. 12, I I. 2 I.

2

5· r8. 3

Since the whole point of Licinius' gesture is that the entire college of 400 was re-elected with him in his honour, it is futile to attempt to bring L. and the Fasti into agreement by emendation. Supplements such as Hill's L. Atiliurn (et insequentis P. Manilium) (C.R. 43 (1929), 13 ff.) or Niebuhr's P. Maenium (Q. Manlium) only address themselves to half the problem. The text must be accepted as it stands with the implication that Licinius Macer had a different list for 400 from that in the Fasti or in L. In that event it is unwise to emend Maenium to Maelium. The first Maenius to reach the consulate was C. Maenius, consul in 338 (Munzer, R.E., 'Maenius (9)') but attempts seem to have been made to extend the pedigree of this plebeian family back to the early Republic (4. 53. 2 n.) and a consular tribune in 396 would be a gratifying stepping-stone. See ].R.S. 48 (1958),45. verba fecit : such an intervention in an election is out of the question but the speech which L. frames for Licinius is touchingly written. I t manages to combine a grave consciousness of legal proprieties with a pathetic picture of an old and enfeebled man. L. contrives this by a subtle blend of legal language (18. 3 n., 18. 5 nn.) and highly coloured vocabulary. As an instance of the latter may be cited 18. 5 e.ffigiem atque imaginem (of a son) for which cf. Cicero, Phil. 9. 12; the whole passage vires . .. obtunsus is reminiscent of Lucretius 3. 451-4. Both labare and obtunsus are used only here in this sense in L. and L. may be soliciting pathos by evoking a poetic description of old age whether from Lucretius himself or, more probably, from a common source-Ennius. In the same connexion for umbram nomenque P. Licini cf. Lucan I. 135 stat magni nominis umbra with Getty's note; 8·449· 18. 3. omen: the choice of the centuria praerogativa was considered an omen; cf. Cicero, de Div. I. 103 with Pease's note. The omen was that the first names to be spoken were fortunate and so their period of office would be successful (55. 2 n.). In claiming it as an omen of concord Licinius is twisting its force. See Klebs, Zeit. Sav.-StiJt. 12 (1891), 237; dell'Oro, Parola del Passato 5 (1950), 148 ff.; L. R. Taylor, Party Politics, 56 ff. concordiae must be gen. not dat. since the wordorder shows that it goes closely with omen not petere. 3. 50. 14, which

19-23. The Capture if Veii The tapestry of the capture ofVeii is woven from four threads which can be wholly trusted-the person of Camillus and the fall of the Etruscan city, the ritual of evocatio and the institution of the cult of J uno Regina (3 I. 3 n.), the cuniculus (19, Ion.), and the dedication to Apollo at Delphi (23, 8, 28. 1-5 n.). Details ofritual ceremonies were turned into historical episodes (21. 8 n., 22. 6 n.) and the cuniculus was spun into a fairy-story. It is only the colouring of the tapestry which is false. For later ages Camillus was the prototype of the great

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396 B.C.

statesman who despite the ingratitude of his fellow-citizens and the turmoils of the times remained loyal to Rome and to his principles and eventually ~r~ught salvation and concord. He was the prototype of the elder SClpIO, of Sulla, of Augustus himself. It comes, therefore, as no surprise to find that there are many details which are embroidered from the later statesmen. Scipionic lines may be discerned in Camillus' sen~iments over Veii (21. 14 n.) and in the name of his magister equ!tum (19, 2 n.) or, from later chapters, in his voluntary exile (32. 8-9 n .) and his treatment ofFalerii (27)' Some at least of these may be due to Ennius in the first instance (19, 2 n., 49. 3 n.). Other touches are as certainly added later. Camillus' prosecutor in the earlier levels of the story was Sp. Carvilius (Pliny, N.H. 34. 13) from the example of 2 I2 B.C. when M. Postumius Pyrgensis was accused by aSp. Carvilius. In the later versions his name is L. Appuleius, bringing to mind the notorious demagogue L. A. Saturninus. Camillus' triumph, whatever its foundation in legend, is darkened with the shades of the late Republic (23.4 n.). L. therefore took over a work of art, which was already highly elaborate, as it had been fashioned by a Sullan annalist. His own contributions to it were stylistic and psychological. The Fall of Veii after a ten-year siege demanded a stylistic presentation which should at least recall the epic story of the Fall of Troy. L.'s imagination was quickened by the comparison and expressed itself in many phrases and details which were meant to strike the reader as poetic (19, In., 21. 5 n.). His arrangement of material, which at first sight might seem jerky, is similarly calculated to recall epic treatment. The serial narration of events is in the best epic manner whereby a continuous story is told in a succession of episodes. L. goes out of his way to insert dis~inct incidents (20.4-10 n., 21. 8. n., 21. 14 n., 21. 16 n., 22. 6 n.) which break up the flow of the main account much as Virgil builds up the account of the Fall of Troy from isolated transactions. This way of organizing the material achieves the secondary purpose of highlighting the moral of the story. Earlier versions had stressed the naive moral that human success invites divine jealousy (c/>Bovo,). L. goes farther. Camillus courts both human and divine jealousy (20. 2, 20. 9, 2 I. 14 n.) and the retribution which comes, undeservedly, from both gods and men is thrown into relief by the sharp transitions. Within the overall epic pattern which L. may in part have inherited from a tradition that went back to Ennius, there is a nice delineation of characters, shown in the language of the principal characters. Camillus is always formal and proper (20. 2 n., 21. 14 n.). Contrasted with him is the outspoken demagoguery of Licinius and Ap. Claudius (20.5 n., 20. 7 n.). The material for his insertions is culled from Licinius Macer. The

natural conclusion is that the rest of the story is taken from Valerius Antias: either 19. I or 19. 3 would be an easy place for the switchover to be made. It has been pointed out that the Scipionic elements would come easily from the pen of an annalist who wished to do honour to another Cornelius, Sulla. The ancients at least did not find the treatment unsatisfactory, for the passage was often imitated in antiquity. Cf., e.g., for 19· 3 Claudian, Bell. Get. 435 ff.; for 20. 4 Tacitus, Hist. I. 13; for 2 I. 9 Tacitus, Germania 3; for 2 I. 15 Tacitus, Annals 4· 39. I. The principal works to be consulted are: for the legends of Veii, ]. Gage, Huit recherches, 73 ff., 143 ff.; Hubaux; J. Bayet, tome 5, App. 128 ff. ; for Scipionic and later elements in the figure of Camillus, O. Hirschfeld, Kl. Schriften, 273 ff.; E. Taubler, Klio 12 (1912), 2 I9 ff. ; A. Momigliano, C. Q. 36 (1942), I I 1-20; for L. 's sources and treatment, Soltau 175-6; Burck 109. See also Mommsen, Rom. Forschungen, 2. 297 ff.; P. Burger, Sechzig Jahre aus der iilterm Geschichte Roms; Munzer, R.E., 'Furius (44)'. 19.1. ludi Latinaeque: 17.2 n.ludi andferiae amount to the same thing -holiday-but by later convention ludi came to be reserved for the public games (scaenici, in circo) which became a regular feature of Roman holidays. In 396, however, such ludi were not a feature of Roman festivals, so that the distinction between the ludi and the feriae implied here is anachronistic. appetebant: only here in L. with acc. of motion towards. The use is rare elsewhere (Cicero, ad Brut. I. 2. I; Apuleius, Met. 4. 8) and sets a highflown tone for what is to follow; cf. 7. 26. 5. 19.2. fatalis dux: so also of Scipio (22. 53. 6, 30. 28. II). Camillus stands in the same relationship to fatum as does Aeneas. The expression and the conception behind it may go back to Ennius. servandaeque patriae: servare patriam was originally a military citation (9· 4· 11-13,21. 46. 10, 22. 14. 10,23. I I. 3 et al.) which gradually spread into ordinary parlance (Cicero, Phil. 13. 46; pro Sestio 4 1 ; pro Fiacco 103). As a title (con)servator patriae was assimilated to the reverential Greek aWT~p and, losing the defining patriae, became a standard element in the style and title of the emperor (Alf6Idi, Mus. Helv. 9 (I952),223).Novak'sservandamquepatriam (cf.2. I. IIJis unnecessary. Scipionem: the first of the Scipiones but the Fasti prefer P. Cornelius Maluginensis (16. I). Although the Scipiones were a branch of the Maluginenses, the Fasti are no doubt correct. The appearance of a Scipio here in such Scipionic surroundings is too tendentious (Munzer, R.E., 'Cornelius (328)'). He reappears as consular tribune in 395 (24, I) and interrex in 39 I (3 1.8) and since Scipiones are attested in the next generation (consul in 350) we may accept the existence of the

670

67 1

5· '9- 2 3

5· '9- 2 3

5. 19· 2

396 B.C.

first P. Cornelius Scipio in this generation but believe that partial ~istorians have transferred important happenings to a relatively unImportant man. 19.4. pavore: in 18. 10 they had been deterred from flight. The discrepancy is evidence of change of source. 19.5. Latini Hernicique: 3.4. 10 n. 19.6. ludos: 31. 2. Matutae: 23. 7 n. 19. 7. Nepesino: the town of Nepet, later Nepe (mod. Nepi), lay on the line of the later Via Amerina some 5 miles south of Falerii N ovi. Like its western neighbour Sutri, its fate was bound up with the fortunes ofVeii. For Veii provided access to the Ciminian plain in which they lay and once the power of Veii was circumscribed they were exposed to Roman advance. On the Fall ofVeii Nepi made an alliance with Rome (Diodorus 14. 98) but was recovered by the Etruscans in 389 when Rome's power was curtailed by the Gallic invasion. It was recaptured almost at once by Camillus and was colonized either in 383 (6.21. 4) or 373 (Vell. Pat. I. 14). For details of its history see Philipp, R.E., 'Nepet'; G. C. Duncan, P.B.S.R. 26 (1958), 68. The exact course of events is opaque. The present campaign has been seen as a doublet of the campaign of 389 (6. 2. 2 ff.; Sordi 4-5). 19. 8. fortuna: 4. 37· 7 n. quaestorem: 4. 53· 10 n. 19. 10. cuniculus: the recurrence of the story apropos of Fidenae (4.22.4 n.) indicates that there was a long-standing tradition that an Etruscan siege was once successfully ended by means of a cuniculus. The antiquity of the legend is further corroborated by its connexion with the draining of the Alban Lake (15, I n.). The construction of siege-mines was familiar to the Greeks and was employed, e.g., at the siege of Plataea by the Plataeans (Thucydides 2. 76; cf. Xenophon, Hellenica 3. I. 7) and if the Roman engineering technique was sufficiently advanced to build the Alban tunnel, there is nothing to have prevented them being able to mine the walls ofVeii. The curiosity is that recent excavations on the neck of the Veii peninsula where the Romans must have encamped have uncovered substantial stretches of the fifth-century defences of the city and show that the rampart ran over a number of earlier cuniculi which had been filled in with tight-packed sherds, stones, and earth. These cuniculi, constructed originally for drainage, are a regular feature of the landscape. The discovery is summarized and illustrated by J. B. Ward-Perkins (P.B.S.R. 27 (1959),43 ff.). It is a tempting conjecture to believe that the Romans succeeded in clearing one of the filled-in cuniculi and thereby penetrated the defences. Two further points may be noted. There are no traces of cuniculi near the arx, the Piazza d'Armi, nor

67 2

396 B.C.

5.19. 10

could any have been dug there. On the other hand one of the biggest most spectacular surviving cuniculi, carrying water from the Fosso dl Formello to the Fosso Piordo, passes right under the site of the Roman camp. 19. 11. senae: one hour below ground and five above, or six hours below ground as a spell (Bayet, Gage, de Selincourt)? 6. 4. 10 cum in sex partes divisus ... senis horis in orbem succederet proelio is decisive for the former although singulae horae would be expected. The escapers in The Wooden Horse found that it was impossible to dig for more than an hour at a shift. a~d

~o: 2. litteras: Camillus is careful to frame his request in the punctiliously correct language of official dispatches (8. 13. I I, 3 I. 3 I. 20, 45. 23· I). An interesting parallel is afforded by Cato's reply to Cicero when the latter approached the Senate formally for a supplicatio and, as he hoped, a triumph (ad Fam. 15.5.2). 20. 4-10. The Motions of P. Licinius and Ap. Claudius. The section is an interruption which conflicts sufficiently with the thread of the narrative, even apart from the suggestive ferunt, to show that L. has adopted it from a separate account. Mommsen (Rom: Forsch~n!!e~, I. 265; cf. Aul. Gell. 4. 10. 3) drew attention to the oddity ~ha~ LICIllIUS was called on to speak first. As a plebeian and a relatively J~mor ex-consular tribune he had no entitlement to the position and hIS preferment should be ascribed to the family bias ofLicinius Macer. The whole debate is intended to provide a motive for Camillus' prosecution (32.8-9 n.). The theme of praeda Veientana is assiduously cultivated. 20. 5. Appius' speech is violent and declamatory, invoking the tricks and ~hrases.of Repu~lican mob-oratory. si semel (20. 5), used only here III L., IS colloqUIal (four times in Plautus; cf. Terence, Hec.ut. 478). inaequalis also is found elsewhere in L. only at 41. 20. 3 but cf. [Sa~lust,] Epist. I. 8. 6. For avidas manus (20. 6) cf. Horace, Sat. 2. 3. 15 I. for~zum bellatorum 'gallant warriors' is a hackneyed platitude (Plautus, Mzles I I ; Pseudolus 992; Tacitus, Annals. I. 67 et al.). Notice also the asson~nces (inaequalem, incollsultam; doni ... domos; praerepturas ... praemza ... praedator) and the remarkable alliteration periculiqae praecipuam petere partem. 20. 6. ut segnior: 'the quicker a man was to seek the lion's share of

danger and hard work, the slower he would be to snatch what he could for his own enrichment'. 20. 7. Licinius' reply is moderate and conciliatory. 21. The Assault of Veii: Evocatio

Camillus, like a second Ulysses, marshals the resources of war and 814432.

xx

396 B.C.

396 B.C.

religion against Veii. The ritual of evocatio was designed to persuade the tutelary deity of an enemy city to leave that city and accept a new home in Rome. It differed from exoratio (Servius, ad Aen. 12. 84 I), in which the deity was persuaded to change his allegiance but not his home, and from devotio. The ceremony was in the form of a contract between the assailants and the god, the assailants offering part of the sacrifice (exta) in exchange for the god's removal and promising him a new home (votum). It was not a magical rite. It was only effective in theory between communities properly constituted by the same or similar religious solemnities (urbes) , for otherwise the god could not be led to expect his customary attention in his new home. The only certain examples ofthe use ofthe evocatio, with one notorious exception, are against Etruscan cities (Veii, Volsinii (Propertius 4. 2. 2-4) and Falerii Veteres (Ovid, Fasti 3. 843; cf. 5. 52. 8)) so that the rite, as would be expected, may be claimed as Etruscan. Many questions remain unanswered. Did the cult have Anatolian precedents? Was the physical removal of the cult-statue to Rome always part of the ritual or was it added when anthropomorphic conceptions of the gods became fashionable? The exception is the case of Carthage (Servius, loco cit.; see Fraenkel, Horace, 237-8) where it seems that the old ritual was deliberately refurbished and given a new application in order to eliminate once and for all the power of Rome's great rival. If so, it was a piece of religious improvisation by the pontijices. I t is a curious fact that in three of the four cases the tutelary deity was known at Rome as Juno (Regina, Curitis, Caelestis). It has been suggested that each of the different deities was intentionally renamed (and even resexed) by the Roman pontijices as J uno because J uno was the goddess who was eventually persuaded to abandon a persistent vendetta against the founders of Rome. Or it may be thatJuno was in three cases the nearest equivalent in the Roman pantheon: S. Ferri conjectures that the deity who presided over Veii was UNI TURAN (Studi Etruschi, 24 (1955), 107). There were, however, many other evocationes now unknown to us (Pliny, N.H. 28. 18) and the ratio of three J unos to one (Vertumnus) may be purely coincidental. There can be no question that the tradition in respect of Veii is true. The religious calendars preserved the date of the institution of the cult of Juno Regina. But much of its prominence in the story of Veii will be due to the excitement aroused by the spectacular use of evocatio against Carthage. The terms of the carmen were preserved in cuiusdam Furii vetustissimo libro (? L. Furius Philus, consul 136 B.C., who was a friend of Scipio Aemilianus: cf. Serenus Sammonicus ap. Macrobius 3. 9. 6 ff.) and were specially brought up to date for that occasion: 'si deus, si dea est cui populus civitasque Carthaginiensis est in tutela teque maxime ille qui urbis huius populique tutelam recepisti,

precor venerorque veniamque a vobis peto ut vos populum civitatemque Carthaginiensem deseratis, loca templa sacra urbemque eorum relinquatis absque his abeatis, eique populo civitatique meturn formidinem oblivionem iniciatis, propitiique Romam ad me meosque veniatis nostraque vobis loca tempIa sacra urbs acceptior probatiorque sit, mihique populoque Romano militibusque meis propitii sitis. si
674

675

5.

21

5.21

5.21.8

396 B.C.

396 B.C.

the removal of the exta for inspection by the haruspices (exta rapere, prosecare: see below) and ifcertain conditions or features were observed, a successful outcome to a war was predicted (31. 5.7,36. I. 3, 42.30.9: see Thulin, Etr. Disciplin, 2. 48-49 for further details). The annalist misinterpreted rapere, taking it literally as 'to snatch' and not technically 'to cut out' and devised the anecdote to suit the meaning. Such a theft might also be thought to have magical efficacy, as in 41 the besieged Perugians attempted to kidnap Octavian in the middle of a sacrifice (Suetonius, Aug. 14. 3; see B. Nogara, Gli Etruschi e la lora civiltd, 198). The anecdote accounts for the ritual. prosecuisset: mistranslated by Plutarch, who cites Livy, as KaTaKOAov8~aaJm (? a misreading = prosecutus esset), it is the t.t. for cutting out the sacrificial entrails; cf. Paulus Festus 69 L. exta rapere may be a loose equivalent for the same action or denote a preliminary rit.ual such as the rapid removal of the entrails from the body; cf. Suetonms, Aug. I semicruda exta raptaJoco prosecuit. In the annalistic version Camillus may have been responsible in person for seizing the exta (6. 23. I I ; cf. Sulla in Augustine, de Civ. Dei 2. 24). adaperto: 25. 30. 10, 45. 39. 17. Elsewhere first in Ovid (Amores

precatus: Camillus' sentiments 'are clearly analogous to, and probably imitated from, the sentiments of Scipio Aemilianus over Carthage' (Momigliano; see Duckett, Studies in Ennius, 44). Repeated by D.H. (12. 14, 16), Plutarch (Camillus 5), Zonaras (7. 21), and Val. Max. (I. 5. 2), they echo a familiar Greek cri-de-c(£ur-rpOOJlEPOJl TO 8EtOJl, cf. 45. 41. 7 (Aemilius Paulus): Plutarch, Antony 44.5). But L. adds one unusual feature which is absent from the other sources, even Val. Max. and Zonaras who are derived from him. Whereas the others concentrated exclusively on the envy of the gods, L. associates with it the envy of man. The resulting prayer is in appearance conventional (note the repeated ut ... ut characteristic ofa formal style (cf. 22. I I. 4, 37. 50. 4), the order sua populique Romani (cf. the Evocatio prayer in Macrobius 3. 9· 8 mihique populoque Romano), the address si cui deorum (see Liegle, Hermes 77 (1942), 266) but in content is startling. The effect is to focus attention on the theme of praeda Veientana. L. eschews a divine in favour of a human explanation of Camillus' career. The passage is discussed by M. Treu, Wilrz. ]ahrbilcher f d. Altert. 2 (1947), 63-74: cf. H. H. Scullard, ].R.S. 50 (1960), 61. 21. 15. publico: deleted by many editors e.g. Glareanus, Gronovius, Dobree (Adv. Critica, 2. 379), publico is attested by all the manuscripts and is required to balance privato. 21. 16. convertentem: to turn to the right was an act of ritual performed during the adoration of a god or cult-object. L. appears to connect it with Camillus' prayer at the sight of the spoil and not directly with any cult ofa particular god. In this he is certainly wrong. Although the Iguvines performed such a turn at the closing act of a prayer (Tab. Iguv. VI A 6 = I B I I), by the Romans it was always performed in the presence of the sacred object (Plautus, Curc. 69-70; Pliny, N.H. 28. 25; Suetonius, Vitello 2; Lucretius 5. 1199; Plutarch, Q;R. 14; Marcellus 6). It is likely to be another act in the ceremony of evocatio which has been detached and made into a separate historical incident. See Koch, Gestirnverehrung im Alten Italien, 20-2 I. It will have been performed by the celebrant when he came face to face with the statue of the deity who was to be evoked. The whole episode, like the earlier case of exta rapere (2 I. 8-9), is betrayed by traditur memoriae to be an insertion from another source whose identity is revealed by the allusion to LiciniaJamilia in 22. 2. L. reverts to Valerius at 22. 3.

I. 5. 3, 3· 12. 12). 21. 9. veri: both terms of a comparison with similis in L. must agree in number. Thus veri similis (3.47. 5, 2 I. 38. 8, 47. 5, 26. 22. 15, 34· 50. 7, 41. 3. IO; cf. veri similius in 5. I I. 7) but similia veris (6. 20·4, 10.20·5, 29.20. I; cf. 26. 49. 6, 37. II. 4). Therefore veris (Madvig; see W61fflin, Livian. Kritik, 14). 21. 10. eo tempore: the awkward resumption marks a return to the

5·

21. 14

main narrative. in aede Iunonis: for the text see C.Q. 9 (1959), 283; cf. 29· 14· 3 in aede Iunonis Sospitae strepitum editum. A large temple, 15'35 X 8'07 m., has been excavated on the Piazza d'Armi and sixth-century terracotta friezes and antefixes recovered. In style and decoration it was not so elaborate as the Portonaccio temple on a platform to the west of the city from which important statuary has come, but it must be the temple referred to by L. ; for not merely is it the only one within ~he arx but it alone shows a distinct break in votive deposits, confirmmg the evocatio archaeologically. See Stefani, Mon. Ant. Linc. 40 (1944), 228-90; Andren, Acta lnst. Rom. Sueciae 6 (1940),8-9' For the id,entification with the Portonaccio temple see A. de Ridder, Rev. Etudes Grec. 33 (1920), 364; Pallottino, Arch. Class. 2 (1950), 122 ff.; Santangelo, Bolletino d'arte, 1952, 147 ff.; Stefani, Notiz. Scavi, 7 (1953), 29 ff.; Ferri, Arch. Class. 6 (1954), 115 ff.; Hubaux 248 ff. saxa tegulaeque: cf. Virgil, Aeneid 2. 445 ff. 21. 14. rerum: 2 I. 60. 8 praeda parvi pretii rerum Juit. 'The loot consisted of objects of greater value than expected.'

22. 1. sub corona: 4. 34. 4 n. Early Rome was too poor to have slaves for show or for domestic service and too limited to require them for industry and agriculture. Thus references to slaves (2. 4· 5, 4· 29· 4, 34.4) are part of the annalistic colouring, important only for showing how the Romans thought of their early history. The present sale of captives may be the first authentic case, for with the growth of

67 6

677

396 B.C.

396 B.C.

ager publicus slaves became worth while as labourers. The first slavemarket was in 259. See Clerici, Economia e Finan;:,a, 125 ff.; H. Volkmann, Die Massenversklavungen ... in der hellenistisch-romischer Zeit, 36 ( = 150) ff. 22. 3. egestae: from egero. amoliri: L. tells of the removal ofJuno Regina to Rome in suitably elevated language. amoliri is used three times by Plautus in pompous tones (cf. Most. 371 = 391; Pseudo 856) and once by Sisenna (fr. 74 P.) but not otherwise in prose before L. The tone is continued by the choice of iuvenali (22. 5) for iuvenili (I. 57. I I n.) and the epic jato urgente (22. 8; cf. Virgil, Aen. 2. 653). For molimentum cf. Sisenna fr. 72 ; Caesar, B.G. I. 34. 3. Notice too that L. describes the approaches made by the young men to the goddess with phrases which in any other context would sound sacrilegious (for admovere manus c[ I I. 16 n. ; attractare cf. Cicero, pro Caelio 20). But c[ Virgil, Aen. 2. 719. 22. 4. iuvenes: cf. 22. 5 certae gentis sacerdos. A dim recollection of the fact that the Veientane cult was in the hands of a single gens (cf. the Potitii and Pinarii at Rome) for which a substitute had to be found when Juno was removed to Rome. Basanoff and Hubaux explain the connexion of iuvenes and Juno by a common etymological root. 22. 5. quidam: Plutarch (Camillus 6), specifically citing Livy (Awvws 8E 4rf)ULV), states that it was Camillus who addressed the goddess. It clearly ought to have been Camillus, since Camillus is the principal figure in the story and subsequently appears in the garb ofJuppiter as a triumphator, but, as Clericus in a good note on this passage observed, Plutarch must be quoting from memory and made a natural confusion (2I. 8 n.). This is a more likely explanation than that Plutarch had a variant text of L. (Basanoff) or that Plutarch was really quoting from another source but mistakenly calls it Livy (A. Klotz, Rh. Mus. 90 (1941), 282 ff.). 22. 6. jabulae: 2 I. 8 n. adminiculis: Etruscan cult-images were designed to be carried as is proved by the discovery at Veii of terracotta statue bases with slots 7 cm. in diameter through which wooden poles could be slipped (E. Stefani, Noti;:,. Scavi, 1946, 36 ff.; M. Renard, Latomus 8 (1949), 19 ff.). 22.7. templum: 31. 3 n. The Return of Camillus The pageantry of Camillus' return to Rome is divided into five distinct scenes: (I) maximum imperatorum suggests the practice whereby a victorious general was hailed 'imperator' by his troops and retained the appellation as a semi-official title till he laid down his imperium on his return

to Rome. The practice is first attested for Scipio Africanus, m 209 (27· 19· 4)· (2) grates dis agentium: on the news of a victory the Senate might decide to order a supplicatio or public thanksgiving of so many days' duration. The first act was the giving of thanks in the temples of Rome (30.40.4; Cicero, ad Fam. 15· 4· 13, 13. 3), and in particular the temple of Capitoline Juppiter (38. 5I. 8; AuI. GelI. 4. 18). (3) supplicationes: see 3· 63· 5 n. Four-day supplicationes are attested for 203 (30. 17.3) and 197 (32. 3I. 6). It is doubtful whether supplicationes after victory had yet been devised. (4) adventus: although not a formal part of the return, the arrival of the victorious general was always greeted with popular demonstrations (22. 6I. 14). (5) A triumph, as Cato rather tartly pointed out to Cicero, did not follow automatically from the voting of a supplicatio although in practice the two generally went together. See Halkin, La Supplication d' Action de Graces, 49 ff. The picture as a whole is of the return of a great national hero. Such undoubtedly Camillus was but many of the individual features must be copied from the return of a Scipio or even a Sulla. All that would have been known about Camillus would be the bare fact that he celebrated a triumph. The interesting thing is that this triumph should have been inflated until by the addition of the four white horses and the imitation of Juppiter it became a source of scandal and the alleged sacrilege was made the reason for Camillus' exile. The process is easy to detect. The triumphator was traditionally dressed like Juppiter and on the roof of the temple of Capitoline Juppiter there was a statue-group of a quadriga, made by a Veientane artist, to which a prophetic myth about the destinies of Rome and Veii was attached (Festus 340 L.; Plutarch, Publicola 13; Servius, ad Aen. 7. 188). To associate the conqueror of Veii with the Veientane quadriga and to invent a triumph in the guise ofJ uppiter were natural developments. A second tradition, ofless clear origin, credited Romulus also with a triumph with four horses (Propertius 4. 1.32; Dio 52. 13· 3: cf. Virgil, Aen. 3. 537). Romulus and Camillus alone enjoyed that honour and the moral, which the historians meant their readers to draw, was obvious. Camillus was a second Romulus-Romulus ac parens patriae conditorque alter urbis (49. 7 n.). Which triumph was invented as a pendant to the other we cannot say, although it is plausible that the Romulus triumph should have been invented as a defensive precedent when an anti-Camillus movement among historians assailed his reputation. It is in the light ofthese facts that Caesar's action in using four white

67 8

679

5.

22. I

5·

23

396 B.C.

396 B.C.

horses for his triwnph should be judged (Dio 43. 14. 3; see Momigliano, C. Q.. 36 (1942), I 13 with references). Caesar was staking a claim to be the heir of Romulus and Camillus. It makes no historical sense to believe that the whole of the Camillus episode was invented by some enemy of Caesar's to discredit him. The Camillus legend is old and Caesar tried to turn it to his account. Now L. is at pains to tone down the sacrilegious side, blaming Camillus' exile not on the impiety of the triumph but on the political issue of the spoil. We may see in this .contemporary significance. Octavian too saw himself as a second Romulus (24, I I n.; I. 7. 9 n.; Suetonius, Aug. 7) and while he did not make Caesar's mistake of indulging in flashy exhibitionism, he was anxious to turn the past to his own account. In both 30 and 29 B.C. Octavian was acclaimed ImperatoI' and was voted supplicationes and a triumph. This by itself would not have given rise to comparisons with Camillus were it not that the scenes which greeted his adventus both at Brindisi and at Rome were among the most demonstrative ever witnessed (Dio 51. 4. 4-5, 19, 20-21; see P. Grenade, Origines du Principat, 254 ff.). 23. 6. Solisque: the mention of the Sun as well as Juppiter as an object of comparison must post-date the introduction of the Hellenic mythology about the Sun, i.e. after the beginning of the third century B.C. (Weinstock, ].R.S. 50 (1960), 117). 23.7. Iunoni: 31. 3 n. Matutae Matris: an ancient Italic goddess (ef. Oscan Maatuis) , whose name shows her to be concerned with maturity and fertility (Maturus). Her festival, the Matralia, celebrated by free women on the traditional date of the dedication of the temple (I I June), is remarkable for the oddity that they prayed not for their own but for their sisters' children (pueri sororii; see Plutarch, Q:R. 16, 17; Ovid, Fasti 6. 559). It was Aunts' rather than Mothers' Day. This quaint custom may be based on a mistaken rationalization of the old prayer formula which used pueri of the female sex and sororii not as an adj. from soror but from sororiare (ef. Festus 380 L. sororiare mammae dicuntur puellarum cum primum tumescunt; ef. I. 26. 13 n. sororium tigillum). The primitive cult was courotrophic : the goddess presided over child-birth and child care, as the highly anatomical statuettes of her plainly show. Tradition makes Servius Tullius the first founder of the temple (19.6; Ovid, Fasti 6,477 ff.) and Camillus the refounder but the connexion with Servius Tullius is legendary. The temple of Mater Matuta was always associated with that of Fortuna in foro Boario. Both temples were dedicated on the same day (1 I June; Fasti Ant.), both lay in the Forum Boarium, both were burnt in 213 (24.47. 15) and restored the following year (25. 7.6). Their site has recently been identified. Near the church ofS. Omobono,

close to the Forum Holitorium, there were uncovered two adjacent rectangular cellae dating from the second century B.C. The two cellae lie side by side and their proximity would nicely account for their common fortunes. The deposits from the lowest level beneath the cellae included fragments of Attic pottery dating from c. 470. Their foundation is, therefore, later than Servius Tullius and he was credited with it merely because of his legendary interest in one of the pair, Fortuna. The second problem, where the cult originated and why Camillus refounded it at Rome, can be answered definitively. There is no connexion with the evocatio ofJuno. The reference to Juno Matuta (34. 53. 3) is a mere mistake and there is no trace, as Basanoff alleged, of evocationes being accompanied by attendant dedications. The whole connexion of Mater Matuta with Veii is annalistic rationalization. The goddess's name suggests Volscian and Oscan (Italic not Etruscan) origins and we know that a centre of the cult was at Satricum where a large quantity of votive stipi have been found. It is significant that the earliest finds cannot be put much before 420 and that a revolt of Satricurn is recorded in 393 by Diodorus (14, 102·4). The concentration of interest on Veii and Etruria tends to obscure the equally pressing danger from the Volscians in the south. The gravity with which the Romans viewed it is revealed by the campaigns of these years and by the dispatch of a colony to Circeii in Volscis (24, 4 n.). The foundation of the temple of Mater Matuta is to be seen against that background, not necessarily as a result of an evocatio, which could probably only be performed between related cultures, but as a matter of policy, as a step to promote friendly relations with the inhabitants of the key city of Satricurn. See Platner-Ashby; H.J. Rose, Mnemosyne 53 (1925),407 ff.; C.Q..28 (1934), 156; Halberstadt, Mater Matuta; Link, R.E., 'Matuta'; H. Lyngby, Die Tempel d. Fortuna u.d. Mater Matuta, 22 ff.; Beitriige z. Topographie, 47-49; Dumezil, R.E.L. 33 (1955), 144; G. Lugli, Roma Antica, 544 ff.; Maule-Smith, Votive Religion at Caere, 75-87; Latte, Rom. Religionsgeschichte, 97. 23.8. agi ... coeptum: 2. 33. I. 23.11. donum: 25.4-10,28.1-5. 23. 12. Volscis et Aequis: from the Annales. The war was being prosecuted vigorously throughout the Siege of Veii and a successful outcome is implied both by the dedication of the temple of Mater Matuta (see above) and by the colonization of Circeii (24. 4 n.).

680

681

3.23.

5· 23· 7

24-30. Interlude The climax of Veii is over. The task before L. now was to carry the reader along to the second climax of the book-the capture of Rome. With the exception of the isolated episode of Falerii (27 n.), the raw

5· 24-30

395 B.C.

395 B.C.

materials did not offer much scope. There were scattered facts in the Annales, details about colonies (24, 4, 29· 3), military operations (24. 1-2, 28. 5 ff.), and prosecutions (29, 6) but nothing coherent. In compensation L. or his precedessors elaborated a theme which would provide a connexion for the doings of these years. The safety of Rome depended on human and divine factors, on Camillus and on proper relations with the gods (pietas). The indispensability of Camillus is brought into the open by the episode of Falerii (26. ro, 28. I), the value of pietas is illustrated by the tale of Lipari islanders and the gift to Apollo (28. 2-5). The black side of the picture is provided both by the dire opposition of the tribunes to Camillus, who with a shortsighted disregard for the interest of Rome seize on the issue of the praeda Veientana and by constant attrition succeed in compassing Camillus' exile, and by the sacrilegious proposals to transfer the city ofRome to the site ofVeii (24, 5-1 1,30.6). Good and evil are carefully balanced and the apparent triumph of evil induces a frame of mind in the reader which expects a disaster of the magnitude and suddenness of the battle of the Allia (3 2 . 7). 24. 1. insequens: 395 B.C. P. Cornelios: for Scipio see 19. 2 n. Cossus, p.r. A.n. (MUnzer, R.E., 'Cornelius (120) '), is shown by his filiation to be a son of the consular tribune of 408 (4.56. 2 n.). M. Valerium: 14.5 n. K. Fabium Ambustum iterum: in the Capitoline Fasti ... stus III. See 4· 61. 4 n. L. Furium: 4. 5 I. I n. Q.. Servilium: 8. I n. 24. 2. sorte: sorti Ver. A rule may be formulated from L.'s usage. Where the name of the person to whom a province or the like is assigned is named in the dative next to the ablative of sors the form sorte is used to avoid ambiguity, i.e. Valerio sorte provincia evenit; cf. 2. 8. 6, 3. 64. 4, 37.50.8. Where the person and sors are separated by the province the form sorti is used, i.e. Valerio provincia sorti evenit; cf. 4. 37· 6, 29. 20.4, 31. 6. 1. Therefore sorti should be read here and sorte in 28. 45. I I. For the war see 8. 4. vi ... operibus: 22. 8, an unconscious repetition. See I. 14. 4 n. 24. 3. pax: from the Annales, whose character is also conveyed by the language. Notice the perfect passive depopulatus, only used in communique style (e.g. Caesar, B.G. 1. 11.4, 7. 77. 14), andfelix arbor, a technical expression (cf. Lex ap. Fronto 183.25 van den Rout; Cato ap. Paulus Festus 81 L.; Aul. Gell. 10. 15. 15; Macrobius 3. 20. 2; see I. 26. 6 n.). The felling of the arbores felices was both an economic and religious blow to the Capenates. For similar reprisals cf. 6. 3 I. 8; Dio fro 40. 23 Melber. 24. 4. coloniam in Volscos: Circeii, dated by Diodorus to 393 (14. 102.

4). It was intended as a stronghold to impede the Volscian advance from the south and should be viewed in conjunction with a strengthening of the relations with Satricum (23, 7 n.). For the early history of Circeii see 1. 56. 3 n.; E. T. Salmon, C.Q.. 3 I (1937), I I 1-13. The size of the colony, 3,000 Roman citizens with 3172 iugera apiece (4· 47. 7 n.), calls for comment. There is enough available land in the area for a colony of such dimensions but it is inconceivable that it should be founded with 3,000 citizens from Rome. Citizen-colonies were always small (300 families was the prescribed number from 329-184) because situated in places where their development was restricted geographically or economically. Instead, therefore, of forming self-contained communities on their own the colonists remained citizens of Rome. Even if Rome could have spared 3,000 citizens at this date, the resulting colony would have been big enough to have its own constitution. Therefore, either the figure of 3,000 is fictitious or their designation as cives Romani is false (cf. also 4. 47. 7). In all likelihood a small citizen establishment was supplemented by the addition of Latins (34.42.6; see Sherwin-White, Roman Citizenship, 72-76). 24. 5. pulcherrima urbs Veii: for a discussion of the proposal to migrate to Veii see 51-54 n. 24. 7-8. Ver. reads partim plebs partim senatus habitando distinaba . .. ; N has partem plebi partem senatus destinabant (a P) habitandos Veios. Whatever the exact text the sense must be as determined by Mr. G. W. Williams (J.R.S. 45 (1955), 228). The proposal being canvassed was to transfer part of the plebs and part of the patres to refound a new Rome at Veii but not to abandon Rome entirely. This is demanded by the second half of the sentence duasque urbes communi republica incoli a populo Romano, where the populus Romanus must be inclusive of plebs and patres. Since the obdurate resistance of the Senate to the proposal is assumed throughout, senatus cannot be the subject of destinabant; the Senate would never have detailed any part of the citizen body as emigrants to Veii. And if senatus cannot be the subject of destinabant, it follows that plebs (Ver.), which is exactly parallel to senatus, cannot be either and that plebs is wrong. The only people with an interest in starting the new settlement were the disaffected colonists who had no wish to be relegated to the distant swamps of Circeii. They are the subject of the preceding verbs censebant and praeponebant and should be of destinabant as well. Two possibilities are open: (I) reading partem plebis partem senatus, either insert ad before habitandos Veios ('they detailed some plebeians and some patricians for inhabiting Veii': so Reerwagen, Luterbacher, Weissenborn) or delete habitandos Veios (Bayet). The sense is adequate but the :!'eading remote from the manuscripts. (2) Better, with Mr. Williams, to follow the lead given by Ver. and

682

68 3

5.24. 4

395 B.C.

read parti plebis parti senatus habitandos destinabant Veios. For the intrusive m in the manuscripts cf. 3· 44· 1,64· 8, 67· 7,4· 13· 3,9, 17· 4, 58. 12,

394 B.C.

26-27. The Capture oj Falerii

25. 4. damnata voti: 'bound, as they were, to discharge their vow': damnare voti is sacral (7· 28·4, ro. 37· 16,27· 45· 8, 39. 9.4; Nepos, Timol. 5. 3; Fronto 95· 20 van den Hout; Macrobius 3.2.6). Against the passionate outbursts of plebeians and patricians alike, Camillus preserves an impassive front. res moventes is the technical term in law for movables (Aul. Gell. II. 18. 13; Dig. 33. ro. 2, 39· 5. 35; see W61fHin, Arehivj. Lat. Lex. ro (1896), ro); cf. the intransitive use of movere in, e.g., terra movit. As Crevier saw, a colon not a comma is required after deeumae. 25. 7. The matter was referred to the pontifiees, within whose competence fell all matters concerning the performance of vows and dedications. Their judgement is naturally formulated in legalistic terms. For quod eius cf. 34. 2; for eoneeptum votum cf. 41. 2 I. I I ; Macrobius I. 10. 2 I ; C.I.L. I I. 308 I vootum ... euneaptum. 25. 8. pollicitae: sc. sunt. The sentence should be punctuated pollieitae •.. aurum, et omnia ornamenta sua in aerarium detulerunt 'they promised gold and contributed all their jewels'. There is no need, with Morstadt, to delete et, taking pollicitae as a participle. The voluntary contribution by the matrons and their reward seem to be a doublet of the similar occasion a few years later. See 50. 7 n.

The Fall of Veii and capitulation of Capena left Falerii as the next prey open to attack. Even if her former association with Veii (8. 4, 16. Iff., 17. 6) had not established an implacable hostility in Rome, her strategic position, commanding both the Tiber highway and the overland routes to Etruria, made her too important and too poten~ tially dangerous a neighbour to be overlooked. The tradition that Camillus captured the city in 394 B.C. (or an equivalent date) squares therefore with the prevailing situation and the military details of the account are evidently founded on fact (26. 5 n.), despite the outbreak of hostilities again in 357 which continued down to the final revolt and reduction of the city in 241 when the inhabitants were transferred to a new site. The sack of Rome by the Gauls set Roman expansion back by at least twenty-five years and there is nothing to be wondered at in the slow reclaiming oflost ground from 380 onwards. Falerii (Veteres, to distinguish it from F. Novi founded in 241), the modern Civita Castellana, 'stands on a narrow neck of land, guarded by almost sheer precipices nearly 300 ft. high. The approach from the west alone is easy and direct; this was in antiquity defended by a wall'. The defensive properties of the site, like Veii, commended it for settlement. Cato speaks of an Argive settlement (Pliny, N.H. 3. 51), but this, together with other Greek connexions noted by D.H. (I. 2 I), were no doubt legends growing up round the influence which Greece exerted over southern Etruria especially in the sixth century and which is attested by the large number of Greek finds in the city and the vicinity. It was at all times an Etruscan city, not one of the Twelve Peoples but closely linked with the fortunes of Veii and Fidenae. The bare record of Camillus' capture of Falerii had at some date drafted on to it the edifying tale of the Faliscan schoolmaster (cf. Florus I. 6. 5; Eutropius I. 20. I ; Orosius 3· 3· 4; Frontinus 4. 4. I ; de Viris lllustr. 23. I; D.H. 13. 1. 1-2; Plutarch, Camillus ro. Iff.; Dio 23.4). IfL.'s account of the debate in the Senate in 171 B.C. (42. 47. 6; cf. Diodorus 30. 7. I) substantially represents the arguments used on that occasion, it was already a stock example for orators. There are features about it which are plainly anachronistic (27. In.), but the spectacle of 'the hunter hunted' or the beater beaten (cf. Horace, Epist. 2. I. 71) has a pleasing justice about it which is perennial. An ingenious theory proposed by Gage would see it as an aeticlogical legend explaining a primitive ritual analogous to that of the Luperci-a bindin g and beating (Justigatio). Ifthe story is not historical, its origin will lie in Hellenistic exempla (27. I n.) rather than in ritual. L.'s treatment of the story is characteristic. The military details

68 4

685

5· 23· 5, 31. 5, 44· I, 51. I, 52. 13, 6. 4. 9· For the word-order cf. 39. 6 . 24. 10. victam . .. vietriei: the arguments used by the optimates call to mind the refusal of some Athenians to quit Athens at the time of Salamis (Herodotus 8. 41, 55; and see now the decree of Themistocles : the parallel between the sack of Athens by the Persians and of Rome by the Gauls is developed in later chapters) and the intensity of their feeling can be seen from their fiery language, in contrast to the measured terms used by Camillus (25. 4-6). The two speeches are nicely designed to balance one another. For the indignant use of -ne ut see 4· 2. 12 n.; for the hysterical eitius se morituros (9) cf. 24. 3. 12; subigere as a synonym for eogere is colloquial (before L. used only by Plautus, e.g. True. 783 and Sallust, Catil. 51. 18 (speech of Caesar)). 24. 11. T. Sieinium: nothing else is known of him, but his proposal is in accord with the reputed sympathies of his family (cf. 2. 32. 2 n., 40 . 14 n., 58. 2 n., 3. 54. 12 n.). Romulo, dei filio: I. 40. 3 n., in the context of active propaganda about the removal of the capital of the Empire from Rome (50. 8), the phrase cannot but have held significant overtones for a Roman audience. Octavian, who toyed with the idea of taking the name Romulus, was styled divi filius.

5.26-27

394 B.C.

394 B.C.

are recounted in professional language (26. 5 n., 26. 6 n., 26.8 n.) but his tone changes abruptly when he deals with the schoolmaster episode. This, for L., is an exemplum, a specimen virtutis (26. lO), and it is told as a self-contained :unity. mos erat ... is cum . .. (27. 1-2) marks the new beginning and can be compared with L.'s method of starting an incident erat tum . .. is cum . .. (2. 33. 5 n.). The situation is then described in an involved sentence with subordinate clauses leading up to the confrontation with Camillus (ad Camillum perduxit). Camillus' reply is elevated in language and content (27. 5 n.) and the story ends with the gentlemanly behaviour of the Falisci who respect Camillus' fides sufficiently to be inspired into an equal act of fides themselves. The great stress laid on fides (27. 11,27· 13 (bis), 27· 15, 28. I) points the moral of the tale and the whole concludes on a quiet, almost formal note-pace data exercitus Romam reductus. See Bormann, Arch. Mitteilungen aus Oest.-Ungarn I I (1887), lO3 ff.; Gage, Huit recherches, 34 f.; Hubaux 306 ff.; Frederiksen and WardPerkins, P.B.S.R. 25 (1957), 128 ff. 26. 2. L. Furius: 4. 51. I n. G. Aemilius: 32. I, according to the Capitoline Fasti·from 391 B.C., Ti.f. Ti.n. (Mamercinus), a grandson of the consul of 470 (2. 61. In.). Nothing is known of his father. L. Valerius Publicola: L.f. L.n., a son of the consular tribune of 4 14 (4. 49.7 n.). For his subsequent career see Volkman, R.E., 'Valerius (298)'. Sp. Postumius: to be identified with the censor of 380 (6. 27. 4). Munzer (R.E., 'Postumius (61)'), arguing from Diodorus' omission of his name, believes this consular tribunate to have been invented because constitutional theory required a censor to have held consular office. Postumius' record (28. 5-13) is, however, too deeply ingrained in the Annales. P. Cornelius iterum : no closer identification is provided by any of the sources. In theory he might be Maluginensis (19, 2 n.), Ccssus, or Scipio (24. In.): see 19.2 n. The collaboration with Camillus points to Maluginensis. The confused KaT/"os Ovijpos in Diodorus (14, 97. I) is perhaps a conflation of Aemilius and Valerius. There is no need with Mommsen (Rom. Forschungen, 2. 229) to regard the last three names given by L. and the Fasti as spurious, for Diodorus is waywardly inaccurate. 26. 3. elanguit: 1. 46. 7. 26.5. asperis conJragosisque ... artis ... arduis: the adjectives are almost perfunctory, a familiar characteristic of the military assessment of a situation (ef. 'bushy-topped trees'); cf. Varro, de Re Rust. 1. 18. 4 conJragosus atque arduis clivis; Cicero, pro Sest. lOo; Sallust, Cati!. 7· 5; Seneca, Dial. 4.13. I; Frontinus 2.5. 24; Tacitus, Hist. 3· 17; Annals 15· 38 .

26.6. indidem: a certain emendation by Kern ofN's indicem, restoring a word (= ex eodem loco) only found in military or official contexts (Nepos, Epam. 5. 2; Frontinus 2. 4. 5; ftin. Alex. 23; cf. the inscription published in Noti;:. Scavi, 1936, 333 no. 194 convenito indide; see also 27. 12.5,25. I 1,28. 1. 6, 39. 12. I: 2. 9. 2 n.). 26. 7. trifariam: the army is divided into four divisions, one standing guard and three engaged in constructing the camp; cr. 4· 22. 5· 26. 8. multi caesi: notice the short, decisive sentences in the style of military communiques by which the victory is announced. 26.10. niJortuna .. dedisset: for the text see G.Q,. 9 (1959), 28 3-4. Fortune gives Camillus an opportunity of displaying his virtus, already known in war, in another sphere and at the same time securing a speedy victory. So 27. 13 vos fidem in bello quam praesentem victoriam maluistis. For cognitae . . . rebus cf. 21. 53. 8; for specimen virtutis ef. 8. 7. 8. None of the proposed conjectures, e.g. (for et cognitae) simile cognatae Heusinger; incognitae Anon., Gronovius, Walker, improve on the manuscripts. 27. 1. magistro liberorum et comite: the educational system of paedagogi was, as its name implies, wholly Greek in origin. In primitive Rome children were educated by their parents, a practice historically exemplified by the upbringing of the Gracchi, or sent to common schools (3. 44· 6 n.). In the latter event they would have been attended to school by a slave, later known as a pedisequus (ef. ad Herennium 4· 65), whose duty was not to instruct but merely to escort his charges. Paedagogi, slaves who were both teachers and companions of the young, became known to the Romans first perhaps through New Comedy (Plautus, Bacch. 431 ff.; Pseudo 447) and were shortly afterwards introduced into the Roman system as part of the hellenizing tendency in Roman education (cf. ad Herennium 4. 14; Cicero, de Amic. 74; ad Att. 12.33. 2). The Faliscans with their close Greek contacts might in theory have adopted a Greek tutorial system of education 250 years before the Romans but the whole story is seen through Roman eyes (cf. 27. 2 hostium) which makes it more likely that the detail is anachronistic, contemporary perhap with the vogue enjoyed by the episode in the second century. comite is technical; cf. Suetonius, Claud. 35; Martial I I. 39. 2: see Schuppe, R.E., 'Paidagogos'. 27. 2. [dum] nwdo: dum or dum modo is clearly otiose as there is no subordinate clause. dum is interpolated by Ver. at 24. 2 (cr.. also 3. 67· 6), and therefore should be deleted here altogether (Hertz) rather than emended (diu Weissenborn, Bayet; tum Gronovius; secum Zingerle). 27. 5. inquit : the arguments used by Camillus may be traditional, for they reflect a characteristically Roman opposition to a common

686

68 7

5. 26. 6

394 B.C.

394 B.C.

Greek attitude to society and war which stems from or was at least formulated by Plato. In the Republic Plato accepts a Social Contract explanation of the origin of society (369 B-372 n), a belief in societas pacto humano. He furthermore argues that war is the business of the whole citizen-body and that women and children should take part in it as well (466 E) In the pursuit of war there are certain international conventions to be observed with regard to fellow Greeks but against barbarians war is total, knowing neither quarter nor mitigation (470-1). Much of Plato's thinking on these topics was inherited by Epicurus whose KvpLaL L16taL exhibit striking resemblances to Camillus' words (e.g. 33 OUK 1]v TL Ka8' EavTo DLKaLOaVV7J d'\'\' £V TatS /U;T' d,\'\~'\wv avaTpoc/>atS Ka8' o7T7JMKOVS D~ 7TOT£ d£t T67TOVS avv8~K7J TLS {)7T£p Toii fJ.~ j3M.7TTHV ~ j3M.7TTw8aL). The apologists of Roman imperialism in the second century would have had to counter such a philosophical stand and deployed arguments such as Camillus uses here-that there was a ius gentium, that children were exempt from war, that society was founded not on contract but on nature. It is, therefore, improbable that L. was solely responsible for inventing them and the agreement of L. and Plutarch (Camillus 10) points to a common, older source, perhaps a source at least as old as the debate of 171. Camillus speaks in philosophical terms. Notice ingeneravit, used only here by L. but by Cicero in the de Finibus (5. 33, 36) and the de Legibus (I. 27; ita generavit Ziegler). similem: it was an ancient commonplace that an unworthy victor brought dishonour both to himself and to the conquered. See Denniston on Euripides, Electra 189 with references there cited. 27. 6. belli ... iura: 3 I. 30. 2-3 (based on Polybius). Cf. also Polybius 5. I I. 3-4 with Walbank's note. 27.7. et ipsos: 'against those who are armed themselves'. 27. 8. opere: 'siege-works'. 27. 11. et curia: in curia Ver. L. writes curia et forum at 7. 6. 12 which perhaps strengthens the claims ofN here. 27. 12. invideat: contrast 2 I. 15 n. The reminder serves to keep Camillus' future plight in the reader's mind. dedimus: I. 38. I n. The form of surrender may be purely Roman but the reasoning behind it is again based on Greek thought. It is interesting to contrast with the two salutaria exempla the pragmatic doctrine of the Athenians in the Melian Dialogue (Thucydides 5. 87 ff.). Moral considerations were not relevant to the issue of the war (5. 101). The immediate concern of the Athenians was to bring the Melians by force into the Empire (S. 91). The Romans on the other hand display fides and the Faliscans regard membership of the Roman community ofgreater value than the enjoyment of their own aUTov0fJ.{a, a view which would have been anathema to the Melians or any other

Greeks (5. 112). L. echoes a traditional Roman counterblast to Greek propaganda against dpX~' For the ideas behind the Melian Dialogue see especially de Romilly, Thucydide et l'imperialisme athenien, 232 ff. ; A. Andrewes, Proc. Camb. Phil. Soc. 186 (1960), 1-10. 27. 15. pecunia: a Faliscan indemnity could have been recorded in the Annales.

5·

27·

5

688

5.27.12

28. 1-5. The Embassy to Delphi and the Liparians From the Roman angle the project to dedicate an offering to Apollo is credible enough (15. 3 n.). Moreover, the intervention of the Liparians at this period suits the history of the archipelago as attested from other independent sources. Lipara, a natural base for naval operations, had been colonized in the sixth century by Cnidus and in the fifth century pursued her own policies. In 427 she resisted the attempts of the Athenians to subdue her by force (Thucydides 3. 88) but her seafaring freedom, vulgarly termed 'piracy' as were the activities of the Samian Aeaces, was chiefly threatened by the aggressions of the Etruscans before Cumae (474 B.C.) and the Carthaginians. Athens, Etruria, and Carthage were her natural enemies and it is to be remembered that at different dates Etruria and Carthage (Aristotle, Politics 1280"36 ff.; cf. also the first Roman treaty) and Athens and Carthage had made treaties of alliance (Thucydides 6. 88. 6; see B. D. Meritt, Harv. Stud. Class. Phil., Suppl. I (1940), 247-53). Lipara survived these combinations. Pausanias (10. 16. 7; see Frazer on 10. II. 3) recounts without dating a battle between 5 Liparian and 20 Etrusca~ ships in relays of 5 which resulted in the capture of all the Etruscan ships: dv£8wav o~v £S L1£,\c/>OVS TatS d'\ovaaLS vavatV dp,8fJ.OV raa ):J.TT6,\,\WVOS dyaAfJ.aTa. The date must be before Cumae, for the Etruscans never ventured so far afield again. Fragments of the dedication set up on that occasion survive (Bourguet, B.C.H. 35 (191 I), 149 ff.) and the lettering is dated to c. 500. The respect for Delphi and the ruthless interception of vessels on the high sea are typical. In 396 the Carthaginian Himilco had levied a payment of 30 talents on the island, without succeeding in cowing the inhabitants (Diodorus 14. 56. 2); the Liparians would be anxious both for revenge and for financial reparation. At first sight therefore a Roman ship was an ideal target. Rome was still, in the foreigners' eyes, a predominantly Etruscan city and her treaty relation with Carthage would be recalled. It does credit to Timasitheus that he discerned the difference. See further, Ziegler, R.E., 'Lipara'; L. Zagami, Le Isole Eolie, 55-58. 28. 1. albi: 23. 5 n. 28. 2. crateram: 25. 10, the formal term which is used in good Latin only of dedicatory bowls (Cicero, Verr. 4. 131: otherwise vulgar) in 81U32

68 9

yy

394 B.C.

394 B.C.

preference to the poetical crater or the Etruscan cretera. See Clausen, C.Q,. 13 (19 6 3),85. L. Valerius: 4. 49. 7 n. The elder is more likely, rather than the young Publicola (26. 2 n.). Diodorus dates the embassy to 39 6 . L. Sergius: 16. I n. A. Manlius: 4. 61. I n. 28. 3. Romanis vir similior: a typically Livian sentiment; ef. 4· g. 8, 30 . 7. 6 and contrast Plutarch, Camillus 8. The Roman people is in large measure the hero of the history. 28. 4. donumque et decus: for Lipara's connexion with Delphi see above. regenti: 3. 71. 5 n. . . hospitium: publicum hospitium was a formal relatlOnshlp of great antiquity between a state and an individual citizen of an.other state (Aul. Gell. 5. 13). It created an obligation on t~e contr~~t.mg~tate ~o provide for the needs of the hospes when travellIng or VISItIng In their territory and, if necessary, to provide a patronus for him in a court of law. The obligations were reciprocal to the extent that the ?ospes was expected to provide the same facilities for official delegatlOn~ from the contracting state when they visited his own. The relationship was symbolized by a tessera hospitalis. It is uncertain when hospitium was originated but the historicity of Timasitheus and the three Roman ambassadors is confirmed by the fact that when Lipara was annexed by the Romans in 252 the rights of the descendan~s. of :Timasitheus were scrupulously regarded (Diodorus 14- 93). hosp!ttum IS, therefore, likely to date from the first contacts of Rome with more distant neighbours and the entry hospitium . .. data to come from the Annales. For further details see Mommsen Rom. Forschungen, I. 326 ff.; Leonhard, R.E., 'hospitium'; Badian, Foreign Clientelae, I I ff. 28. 5. senatus consulto: ef. Dessau, I.L.S. 6095 = Ehrenberg and Jones, Documents no. 355 ( ef. 354, 356), for the ~orm of such ~oc.ume~ts. eodem anna : the details are annalistic. There IS no contradiction With the reference to a peace in 23. I2,for the duration ofit was not specified. 28. 6. Verruginem: 4. 55. 8 n. . 28. 8. increparet: Postumius' tirades against his troops and their answering protestations belong to a common rhetorical category. Cf. 2. 59. 9 n.; 3. 68. 13. L. cultivates a military style of writing for the narration of these incidents: e.g. for 28. 10 corpora curare ef. 3. 2. 10 n. ; for 28. 8 ignavissimo acfugacissimo ef. the Piau tine parody in Persa 4 21 edax, furax, fugax: fugax is not found in good prose before L. (3 0 . 28. 3) ; for 28. 10 pernox ef. 2 I. 49. 9, 32. I I. 9, not in prose before L.; ef. Virgil, Georg. 3. 230 with L'; Ovid, Met. 7.268 et al. See also 28. 13 n. The description of the night battle owes much to the account of Epipolae in Thucydides 7. 43-44; in particular the effects of moonlight visibility (7. 44. 1-2 = 28. 12) and the ambiguity of shouts in the darkness (7.44. 3 = 28. 10).

28. 10. et haud: connective et introducing a new sentence is wrongly disallowed by Madvig. Pettersson rightly compares 4. 48. 2 (n.). 28. 13. litterae ... laureatae: 45. I. 6-7; ef. Cicero, in Pisonem 39; ad Att. 5. 21. 2: see Halkin, La Supplication, 80-83. The terse announcement is in the spirit of the real thing. 29. 1. continuare: 25. 13, 26. 3. They included T. Sicinius as well as Q. Pomponius and A. Verginius (29. 6 n.). 29. 2. annum post quintum decimum: the last pair of consuls held office in 409 (4. 54. I) and L. brings out the significance of the return to the consulate by giving a date (3. 30. 7 n.) which squares with the eponyms given in the text. If it is possible at so long range to determine the true causes of events, the reason for the change should be found in connexion with the appointment of censors (5. 31. 6 n.) and in the tradition preserved in the Capitoline Fasti that the true consuls of 393 were L. Valerius Potitus and P. or Ser. Cornelius Maluginensis who [vitio facti abdicaruJnt and were replaced by Lucretius and Sulpicius as suffect consuls. The consular tribunate was created to deal with an aggravated military situation and it was attended by a parallel creation, the censorship. The aim, as has been shown (4· 7. I n.), was to make the fullest and best use of Rome's manpower resources. With the fall ofVeii and the reduction of the ager Faliscus and the ager Capenas, the emergency was over. The threat from the Gauls was still no bigger than a man's hand. Only the southern danger subsisted. It was therefore a natural moment for normal conditions to be restored and for Rome to take stock of her position after the ravages ofpestilence and prolonged warfare. Hence the censorship and hence the election of consuls, but in the disqualification of the first pair of consuls we may see a desire to make a break with the tainted years that had preceded. Valerius and Cornelius were vitio facti because the system which had elected them was itselfofan irregular kind. The return to normal government had a special relevance both for the 80'S and for the 20'S. L. Lucretius Flavus: to be identified with L. Lucretius Tricipitinus (32. I). He was probably the son of P. Lucretius, consular tribune in 419 B.C. (4.44. 13 n.), but the filiation is nowhere preserved. Ser. Sulpicius Camerinus: Q.f. SeEr. n.J, according to the Capitoline Fasti; cf. 32. I. A son of the consular tribune of 402 (8. I n.). See Munzer, R.E., 'Sulpicius (3 I)' and' (94)' ; Fruin, Neue Jahrb.j. Philo!' 149 ( 1894), 115 ff. 29.3. legem: the proposal to remove to Veii mooted in 24· 7. Vitelliam: 2. 39· 4 n. 29. 6. A. Verginio et Q,. Pomponio: Pomponius might be a brother of M. Pomponius (13. 3 n.). Nothing else is known either of him or of

6go

69 1

5.28. 2

5.28.

IO

393 B.C.

393 B.C.

Verginius, who appears to have abandoned the radical tradition of his family as witnessed in the tribune of 461 (3. I I. 9 n.). Mere obscurity would not in itself cast doubt on the story but two other oddities are suspicious. (I) This is the only recorded occasion on which plebeian tribunes were arraigned to answer for their conduct during their office. (2) The case bears a striking resemblance to two previous cases, in 423 and 401, when two pairs of consular tribunes were prosecuted before the comitia tributa and fined 10,000 asses each (4. 40. 4 n., 5. I I. 4 n.). The fines are certainly a later addition and the judicial functions of the comitia tributa (2. 35. 5 n.) irreconcilable with the status of the consular, although not of plebeian, tribunes. Cumulatively the peculiarities of the story indicate a deq:er confusion. It may tentatively be supposed that Verginius and Pomponius were consular not plebeian tribunes from one of the years for which it is known that eponymous lists did not survive (cr. L. Verginius in 402 ; M. Pomponius in 399). A solution along these lines would bring them into harmony with the two earlier cases which were also based on fact. When the Annales were published and the bare detail of the prosecution of Vel'ginius and Pomponius brought to light, it had to be incorporated into the overall pattern of history. Since no magistrates of that name were recorded for 395-3 it was alleged that they were plebeian tribunes and the case was used to provide legalistic ammunition, in particular perhaps to provide a precedent for the condemnation of the tribunes in 84 B.C. In that connexion it may be recalled that one of the most distinguished lawyers of the late second century was an A. Verginius (Cicero, Laelius 101; Pomponius, Dig. I. 2. 2.40) and another Verginius was tr. pl. in 87. The tendentious nature of the story is seen in the political cliches which it contains (29. 8 n., 29. 9 n.). The two speeches of Camillus (29, 8-10, 30. 1-3) as well as the protestations of the Senate (30. 4-6) are couched in unmistakably contemporary terms. See Mommsen, Staatsrecht, I. 289 n. 2; Botsford, Roman Assemblies, 288-9; H. Gundel, R.E., 'Verginius (4)'; 'Pomponius (13)'. 29. 8. evertisse: cr. Sallust, Oratio Lepidi 23. 29. 9. telum: 3. 55· 3 n.

is further illustrated by the two tropes, the contrast between personal advantage and public disadvantage and the opposition of the conqueror and the conquered. The former is a favourite antithesis of Greek orators; cr., e.g., Nicias in Thucydides 6.9. I. The latter, which is reinforced by repetition (24, 10), touches an ancient superstition enunciated also by Lucan I. 128 (victrix causa deis placuit sed victa Catoni) that the gods are on the side of the victors; see further S. Ferri, Hommages Herrmann, 350. 30. 2. urbem latam: referring to the models or pictures of defeated cities carried in the triumphal procession. 30. 4. punctuate his adhortationibus principes concitati; patres, senes iuvenesque, ... venerunt. The leading members of the Senate are roused to action and organize a demonstration of the whole body of patres, young and old. For the text see G.Q.. 9 (1959),273. Notice the alliterativefortissimefelicissimeque (43.7,28.9. 7,31. 20. 2; Seneca, Suas. 2.4; Paneg. 12.47. 2); dimicassent desererent; exsulem, extorrem (a legal tag; cr. 2. 6. 2; Aul. Gell. 2. 12. I is domo patriafortunis . .. careto, exsul extorrisque esto. For melius fuerit see 3. 41. 3 n. Their language matches their fears. 30. 7. una plures tribus antiquarunt: for the number of tribes see 2. 2 I. 7 n. It is difficult to see how the memory of a defeated bill would have been preserved. The story is part of the legendary tradition about Camillus (5 I-54 n.) whereas the distribution of ager Veientanus in lots of 7 iugera may be an annalistic detail. Veii continued to exist after its sack. The allotments are bigger than previously given (e.g. 2 iugera at Labici; 4. 47.7 n.) but the added detail that land was allotted to other male plebeians than patresfamiliae, if genuine-and there are no grounds for doubting that patria potestas extended also to plebeians -points to a state of affairs in Rome where severe shortage of manpower required the creation of exceptional family-units to take over the allotments. Diodorus' variant totals (14, 102 KaT' aVDpa DOVTES 7T/..E8pa TEaaapa, WS DE TLVES E'KoaL OKTW) reflect a confused computation ofthe 7 iugera in L. : 7 X 4 = 28. 7T/..E(Jpa is the conventional equivalent of iugera. Some confirmation of L.'s figures is derived from the fact that the Roman had to create a new rural tribe, Tromentina, to contain the new inhabitants (6. 5. 8). See L. R. Taylor, Voting Districts, 48 n. 3.

5. 2 9. 6

30.1. arisfocisque: 28.42. I I, often appealed to by Cicero in patriotic outbursts of emotion (Phil. 2. 72; in Catil. 4. 24; cr. Sallust, Catil. 52. 3, 59· 5; see Otto, Sprichworter s.v.). Strictly both arae and foci refer to domestic worship (Nisbet on de Domo 1)-'the altars on the hearth of the house'. There is no evidence of separate altars in private houses distinct from the hearths. Equally commonplace are, e.g., inter dimicationem patriae (cr. Phil. 14. 37), monumento gloriae (cr. Verr. 4. 88; in Catil. 3. 26), insistere vestigiis (cr. pro Sestio 7). The rhetorical character 69 2

5.30.

I

31-32. Annalistic Notices, 392-1 B.G. fhe years 392-1 contained at least one event, the prosecution of Camillus, which was capable of extended and dramatic treatment. L. gives it only cursory treatment and is content to present the other matters baldly and without elaboration. His motive in so doing was 693

5· 3 1-3 2

392 B.C.

clearly to preserve the shape of the book with its two main themes, the capture ofVeii and the capture ofRome. To dilate upon incidental occurrences would spoil the symmetry (1-32: 33-55). Hence the compressed and annalistic style (ef. eodem anno 31. 3, 5, 32. 6). The ultimate source of the notices, with the same exception of the trial of Camillus (32. 8), must be the Annales although the person of M. Caedicius may be rather traditional than monumental (3 2. 6). The direct source used by L. cannot be determined with certainty. The only significant pointers are the allusion to Manlius' cognomen (3 I. 2 n.) and the evident anachronism ofthe trial. The latter indicates a late Sullan date for the source. The tendentious slant of 32. 8-9 (n.) encourages the belief that L. continues to follow Valerius Antias. Notice the prominence ofL. Valerius Potitus (triumph in 31. 4) and the confidence in numbers (32. 3). 31. 2. L. Valerius: 4. 49. 7 n. The election of consuls rather than consular tribunes continues the atmosphere of normality which was rudely shaken by the news of Gallic infiltration and the resignation of the consul in time to allow a new college of consular tribunes to undertake military operations, if necessary, before the end of the campaigning season (32. In.). M. Manlius: T.£ A.n., according to the Capitoline Fasti, which makes him a cousin of the consul of 379 (6. 30. 2). The earlier history of the family is unrecorded. L. (and his source) agree with the Fasti in identifying him as the famous M. Manlius who saved the Capitol (n. on ch. 47) and was later impeached for tyranny, although Diodorus evidently distinguished the two (14, 103. I Av.\o!) Mci.\.\w!): 14. I 16. 6 McipKO!) TL!) Mci.\.\w!) EvDotO!) dvrJp). Diodorus may have for once preserved a more authentic tradition, because the aetiological explanation of the cognomen Capitolinus alluded to by L. is manifestly late. In reality the Manlii, like the Sestii and the Quinctii, assumed the cognomen to distinguish one branch of the family which lived on the Capitol. For fuller details see Mommsen, Rom. Forschungen, 2. 179-99. Ver. has the order juit postea cognomen, but in this expression postea always precedesjuit (2.16·4,33. 5,36. 36. 3; Sallust, Jug. 5. 4; Hist. 2. 45 M.). On the other hand postea normally occupies second place (d:, in addition to the above, 2. 13. I; Nepos, Alcib. 3. 2; Paulus Festus 107 L.). The word-order of both N and Vcr. will be wrong. Write cui postea Capitolino juit cognomen. magnos ludos: 19. 6, 2. 36. I n. 31. 3. aedes lunonis reginae: the temple was built near the modern church ofS. Sabina but the exact site has not been found. In choosing the Aventine, outside the pomerium, the Romans were motivated not by the fact that] uno was not a Roman goddess-she had her cult on the Capitol and her worship was widespread throughout Etrusco-Latin 694

392 B.C.

5· 3 I. 3

commumtIes (ef. luno Regina at Ardea; Pliny, N.H. 35. I 15)-but because she was originally the patroness of the enemy and, as such, was suspect (ef. Vortumnus). The temple is mentioned in the Punic Wars when it was evidently the centre of uninhibited female devotions (21. 62. 8, 22. I. 17,31. 12.9: hence the retrojected matronarum studio here). The restoration under Augustus (Res Gestae 19) will have occurred later than the writing of this book. See Platner-Ashby s.v.; Merlin, L'Aventin, 196 ff. 31. 4. perseverantior caedendis in juga: the reading given in the O.C.T. is that ofN: Ver. reads perseverantius instead of -ior. Editors who accept the text (Luterbacher, Bekker, Pettersson) interpret the abl. as the equivalent of in a bl. The absence of a (pro)noun defining caedendis is difficult (in iis caedendis H. ]. Muller; caedendis is Bayet) and it should be noted that L. only uses the adverbial form perseverantius (2 I. 10. 7, 41. 10. 3), never perseverantior. There must be a deep corruption and Vero's text is the starting-point for emendation. In its present state Ver. can be deciphered as caed .. ~is in juga (Mommsen read rf for ~) from which quod perseverantius caedem eis injugajecit can be conjectured. For the change ofjuit tojecit see Hey, Thes. Ling. Lat., 'facio', 85. 50 ff. in juga is standard in these contexts and should not be changed (6.24· 11,25. II. 6, 25· 34· 14)· triumphus: listed by Malalas 7 p. 183 B. 31. 5. Volsiniensibus: the first mention of the powerful city (mod. Bolsena: Etr. Velsuna), a member of the twelve peoples of Etruria, which lay on the edge of the large Lago di Bolsena, some 50 miles north of Falerii. It can only be supposed that an expedition of such distance was in the nature of a probe to explore the upper waters of the Tiber rather than part of a constructive campaign by either side. The figures of casualties are undoubtedly exaggerated but the notice of hostilities is genuine enough. For the site and archaeological remains of Volsinii see R. Bloch, Mil. d'Arch. et d'Hist. 59 (1947), 9-39; 62 (1950),53-120; 65 (1953), 39-61. For its later history see R.E., 'Volsinii'. novum: 'a new war, namely with the V.'. jamem pestilentiamque: 3. 2. I n., from the Annales. Ver. reads caloribus nimiis which is accepted by Mommsen and Bayet as meaning 'at the time when the heat was excessive' (cf. 2.5.3 mediis caloribus). But nimio calore is always causal, never temporal (ef. Varro, de Re Rust. I. 41. 2: Cicero, pro Sex. Roscio 131; Martial 9. 90. 9) and therefore caloribus nimiis must be so here too and be taken in conjunction with siccitate. N's caloribusque n. must be read: for the omission of -que ef. 4 0 . 3, 40 . 7, 6. 4· 4· Sappinatibus: 32. 2, 32. 4 (bis). The name, which does not figure in any other ancient text, is given variously. Ver. has Sapienatibus here

+

695

5· 31. 5

392 B.C.

392 B.C.

but is deficient in the two later passages. Salp- is given by N here and by the majority of manuscripts in all three places in 32 except that M has the dittography sal sappinates in 32. 2 and sappinates once in 32.4. The variation between Sal- and Sap- may go back to the edition of Symmachus. Since there is no connexion with the Urn brian river Sapis (Pliny, NoH. 3. II5) or the tribus Sapinia (31. 2. 6, 33. 37. I), we have no external criterion for deciding between the forms. Etruscan names, however, while showing examples of Sappinius and Sapienus (Schulze 223) offer no root Salp and, unless L. is himself at fault, the choice should lie between Ver.'s Sapienates and M's Sappinates. The former is to be preferred since the correction of i to l, with subsequent transposition, accounts for the corruption Sapien --7- Saplen --7Salpen --7- Sappen. The site of the city is equally controversial. The most favoured candidate is Orvieto (Kiepert, Atlas, 1901, pI. xx; HDJsen, R.E., 'Sappinates') but Orvieto is too large and prominent a site for a people who make only a single appearance in history. Recent excavaby the French school at La Civita, a hill some 4 kilometres south of Bolsena, have revealed a small but prolonged Etruscan community which came to an end c. 390 (Mil. d'Arch. et d'Hist. 67 (1955),49-70). The facts thus make La Civita a possible candidate although without epigraphic confirmation the identification must remain provisional. superbia injlati: elatiN, accepted by Bayet and Luterbacher; cf. 4. 13· 3 n., 54· 8 n. Despite Ver.'s weakness for injlatus, the reading is decidedly superior here. C£ 45. 31. 3; Seneca,N.Q.4praif. 2; Apuleius, Apol. 18; Lactantius, Inst. 6. 24. 24. For the confusion of the words cf. 37· 12·4; Suetonius, Nero 37· 3· agros Romanos: ager was the land surrounding a city (e.g. ager Faliscus, ager Veientanus) while the plural agri refers to the individual fields of farmers. Hence while the phrase ager Romanus occurs thirtyeight times in L., the plural agri Romani is not elsewhere met (3. 6. 7 n. ; cf. 3. 30. 4 ager Romanorum, 2.43. I). Ver. omits Romanos here and it could easily be due to dittography after ag-ros (cf. 40. 9 n.). 31. 6. C. Iulius: 4. 56. 2 n. The censors had been elected the previous year. His colleague was L. Papirius Cursor (9.34.20). The Capitoline Fasti confirm that Julius died in office, and the notice looks annalistic. A passage ofFestus (500 L.) has been used, e.g. by Beloch, to descredit the notice but the interval of IS years defined by Festus refers to the gap between 393 and 380 (6. 27. 4; see R. V. Cram, Harv. Stud. Class. Phil. 51 (1940), 75-77). M. Cornelius (P.f. M.n. according to the Fasti) must be a son of the consular tribune of 404 (4. 61. 4 n.) of whom nothing else is recorded. The reason advanced for the fact that in historical times no replacements were made if one of the censors deceased (24.43,4,27.6. 18) cannot be true but was designed

to represent in an irreproachable light a purely political safeguard ensuring the maintenance of the Roman principle of collegiality. See H. J. Rose on Plutarch, ~R. 50; Mommsen, Staatsrecht, I. 2 I 6 n. 2. 31. 7. demortui: mortui Ver. but demortuus is the technical term for a magistrate who died in office (Lex. Urson. 67. 12; Acta Fratr. Arv. (A.D. 21) 2. 23; et al.). per interregnum: 3. 8. 2 n. 31. 9. incommoda: a reason in line with 4. 7. 2. The true cause may have been either the disorganization caused by the plague or the news of the impending threat from the Gauls. I n. The Capitoline Fasti do not record their early abdication but L.'s version is to be preferred. L. Lucretius: 29. 2 n. Ser. Sulpicius: 29. 2 n. M. Aemilius: Ver. adds iterum which must be an anticIpation of C. Aemilius iterum (26. 2 n.) since no other Aemilius is listed in the immediate past. His filiation is given by the Capitoline Fasti as Mam. f. M.n., which would make him a younger brother of the consul of 410 (4. 53. I n.) but there is some difference over his praenomen and hence over his identity. The Capitoline Fasti call him L. Aemilius, identifying him with the consular tribune of 389 (6. 1.8) ; L., on the other hand, calls him M. Aemilius and starts the series of consular tribunates held by L. Aemilius in 389. Clearly there were two separate lines of speculation about him. Nothing else is known of this M. Aemilius. L. Furius: 4. 5 I. I n. Agrippa Furius: Sex.£, according to the Capitoline Fasti and the same as the consul Furius Agrippa mentioned by Frontinus (2.8. 2). The only Sex. Furius known in the previous generation is the consular tribune of 420 (4. 44. I n.) and the age-gap is right. Broughton gives Agr. Furius the cognomen Fusus but if his filiation is correctly conjectured he will rather be a Medullinus. C. Aemilius: 26. 2 n. 32. 2. Volsinienses ... Sappinates: from the Annales, but the casualty figures are Valerian. 32. 3. primo concursu: the word-order of Ver. is superior to c. p. preserved by N and printed in most editions; cf. r. 25· 4, 3· 4· 8, 5· 49'.5, 6. 24. I; Caesar, B.G. 6. 8. 6, 7. 62. 3, a military cliche which is most unlikely ever to be found in the reverse order. in Jugam versa: N, having lost versa by omission, corrected in Jugam to inJuga. In this case too V er. preserves the military expression proper to the annalistic context; cf. 27. 14.9; Bell. AJr. 17· I; Curtius 4. IS· 32; Tacitus, Agricola 37; Hist. 2. 26, 4. 37; Pliny, Epist. 6. 16. 18. 32.5. indutiae: from the Annales. For stipendium cf. 27. IS, Volsinii is

69 6

697

32. 1. Kalendis: 3. 6.

5.31.6

391 B.C.

391 B.C.

next mentioned as at war with Rome in 308 (9. 41. 6) but the setback to Rome's expansion caused by the Gallic invasion disengaged the two cities for several generations.

(2) If a quaestorial trial for peculatus is the earliest and perhaps authentic version, the next stage was to convert it to a tribunician prosecution before the people (D.H. 13. 5. 1). The change was made probably by the Sullan annalists for party political purposes. The choice of name for the tr. pl. (L. Apuleius) is transparent (32. 8 n.). In the tribunician case the charge may have been, as given by L., a fraudulent division of the praeda Veientana (Servius, ad Aen. 6. 825; Appian, Ita!' 8). (3) Finally Diodorus mentions an alternative charge (14, 117. 6 €IJtot BE ePaatIJ) that Camillus was condemned because of his triumph with white horses-an invention by some enemy of Caesar's if Diodorus' source can be dated so late. The size of the fine must be fictitious (2. 52. 5 n.) and in consequence it is variously reported (lOO,OOO asses in D.H.; 500,000 in Appian; 10,000 in Augustine, de Civ. Dei 2. 17). For other quaestorian prosecutions see 3· 24.3 n. and, in general for the trial of Camillus, MUnzer, R.E., 'Furius (44)'; Botsford, Roman Assemblies, 244-5; Latte, T.A.P.A. 67 (1936), 27; Brecht, Perduellio, 266 n. 3. 32. 8. L. Apuleio: the name is Latin rather than Etruscan (Schulze 460 n. 1), the earliest form being Appuleius. The first historical member of the family is Q. A. Pansa, consul in 300. The author of the de Viris Illustribus (23) adds the cognomen Saturninus, thus making explicit the resemblance with the notorious L. Apuleius, tr. pl. in 103 and 100, on whom the present figure is entirely modelled. 32. 9. precatus: Appian remarks on Camillus' 'Achillean' prayer (TY]IJ }1Xi'\'\€toIJ €VX1]IJ). The allusion is to Iliad r. 233-44. quindecim: 2. 52. 5 n.

5.3 2 .5

32. 6--7. M. Caedicius A solitary occasion on which a supernatural voice was heard, with the immediate consequence of a major defeat for Roman arms, readily induced the superstitious to venerate the site of the manifestation. Hence the cult of Aius (ef. aio; Locutius or Loquens is a secondary epithet to explain Aius). That the occasion was 391 need not be doubted, since the superstition will have been associated with the events, like the appearance of Pan before Marathon (Herodotus 6. 105). Aius was classed as a deus indiges (Varro ap. Aul. Gell. 16. 17· 2 ; Cicero, de Div. I. lOl, 2.69)· M. Caedicius, the man who hears the forecast of disaster (caedes), is a later addition (2.52.6 n., 5· 45· 7 n.). The site of the altar subsequently erected to Aius (cf. 50. 5, 52. 1I) at the north corner of the Palatine in infima Nova via (I. 4 1. 4 n.) has not been recognized. See Platner-Ashby s.v.; W. F. Otto, Rh. Mus. 64 (19 09),459; Latte, R.E., 'Locutius'; Archiv J. Relig.- Wissen. 24 (19 26 ), 244; E. Schwyzer, Rh. Mus. 84 (1935),116; F. Altheim, History of Roman Religion, 192; Klio 30 (1937), 44-46; Basanoff, Latomus 9 (195 0 ), 13 ff. 32. 6. Gallos: according to Cicero the voice was inarticulate and confused.

5· 32.8-9

of Camillus The trial of Camillus has suffered from much tendentious distortion and the version given by L. represents one of the latest stages of that process. I do not doubt that Camillus was in (voluntary) exile at the time of the Gallic sack and it can be shown that in the earliest strata of history Camillus did not return in time to be the popular saviour of the city but the reasons for his absence can only be hazarded. (1) Pliny, N.H. 34. 13 'Camillo ... obiecit Sp. Carvilius quaestor quod aerata ostia haberet in domo'. This suggests a trial for peculatus conducted before a quaestor or quaestors and brought upon appeal to the comitia centuriata (Cicero, de Domo 86). The procedure is not incredible. As financial officers the annual quaestors would naturally be involved at this date as they were later in the similar trial of T. Quinctius Trogus (Varro, de Ling. Lat. 6. 90-92 citing the commentarii quaestorum). They will have taken over in financial cases the functions previously exercised by the quaestores appointed ad hoc (2. 35· 5 n.). The name Sp. Carvilius, however, proves that tendentious addition had already been made. Sp. Carvilius is the twin of the tr. pl. of 212.

Casaubon noted in the margin ofhis copy at this section: 'cf. Helenam, Lucretiam, Verginiam-principium a libidine ortum'. In truth the story is a romantic explanation, typical of the Hellenistic age, designed to account for the invasion of the Gauls. It is of some antiquity, being found at least in Cato (fr. 36 P.), but there can be little historical truth in it. Clusium was too remote for an isolated pocket of Gauls to have had any chance of survival nor is there any archaeological evidence for such relations between Clusium and the Gauls at this date as are presupposed by the story. Above all, Clusium is too tar away from Rome to have been of any concern in 390. In the third century, on the other hand, there is ample evidence that Clusium was a storm-centre in Roman affairs and was also deeply involved with the Gauls (Polybius 2. 25 with Walbank's notes). It would therefore be in character for Roman historians to have invented the earlier precedent for hostility between Rome and Clusium in order to provide

6g8

6gg

32.8-9. The Trial

33. 1-3. Clusium and the Invasion

of the Gauls

5· 33· 1-3

391 B.C.

DIGRESSION ON ETRURIA AND GAUL

5.33· 4-35· 3

33. 4-35. 3. The Gallic Migrations The second external challenge which the newly organized Rome had to meet was an invasion from Gaul. L.'s account fills the remainder of the book and counterbalances the narrative of the Fall of Veii which occupies the first half. The two threats, from Etruria and from Gaul, are the climax of the first five books, showing Rome for the first time as a stable political community (40. 1-2) and intimating the prospect of her future imperial greatness (54. 3-5). To underline the importance of the Gallic invasion from an artistic as well as from an historical point ofview, L. borrows a device from Hellenistic historians who, rationalizing the practice of Herodotus and Thucydides, introduced major campaigns in a foreign country with a 'description of that country, its chief peculiarities, and the origins and customs of its inhabitants' (Fraenkel, Horace, 429; Norden, Die germanische Urgeschichte, I ff. ; K. Trudinger, Studien zur Gesch. der gr.-rom. Ethnographie, (Basel, 1918)). It would have been pointless to give an ethnographical digression on Rome; so L., instead of describing the invaded country, describes the invaders and, by touching on Etruria (33. 7- I I) as well as Gaul, bridges the gap between the two halves of the book. It can be seen from the practice of other historians (e.g. the Africae situs in Sallust, Jugurtha 17- I 9 and the Britanniae situs in Tacitus, Agricola

IO ff.) that such digressions were inserted to heighten suspense and to focus attention on the drama which is about to unfold. The materials for such an excursus would not be available in the bare chronological narratives of annalists. As a Paduan L. was doubtless interested in the history of Cisalpine Gaul but oral tradition is not enough. The question of L.'s sources has recently been reexamined in great detail by Helene Homeyer (Historia 9 (1960), 345-61), who argues that for the Etruscan section (33. 7-1 I) L. used Varro who in turn based his researches on Cato's pioneering work (note 33. 9 capita originis, 33. I I gentibus origo). In support of this view she argues from the general principle that for L. not to have availed himself of the scholarly investigations of Varro is 'nicht denkbar' to particular resemblances (33. IO = Cata-Varro ap. Pliny, N.H. 3. 130 ; 33. I I = Cato-Varro ap. Pliny, N.H. 3. 133). In the Gallic section, on the other hand, as in the chapters on the Gallograeci (38. 16. I ff.), she would detect strong rhetorical influences and would attribute them to the Schools and so indirectly through Posidonius to earlier natural philosophers. The answer may be more economic. L. nowhere else shows knowledge of Varro's writings. In many places this neglect is striking (see Introduction, p. 6). Nor are the resemblances which Homeyer quotes here at all compelling. As for the Gallic section I feel that more account needs to be taken of the Greek elements in it. It is as much a matter ofoutlook as ofstyle: his summary is entirely from a Greek not a Roman point of view (34. 6 n., 34. 8 n.: so also 33. 8 Graeci vocant). And at many points it betrays evidence of translation from the Greek. Thus a Greek ethnographer is a serious claimant for the Gallic excursus at least. There are in effect only two claimants, Posidonius (who wrote a systematic account of Gaul (F. Gr. Hist. 87 F 116; see F. Beckmann, Geographie und Ethnographie in Caesar, 1930, especially I04 ff.) and, a generation later, Timagenes (F. Gr. Hist. 88 F 2, 7, 14, 15). The case for Posidonius is strong. In Book I03 L. gave a full-scale Gallic ethnography which is regarded, e.g. by Norden and Trudinger, as being derived from Posidonius. Particular points of contact between the present excursus and Posidonius tend to the same conclusion (e.g. for 34. I ef. Strabo 4. 176; Caesar, B.G. 6. 12; for 34.4 quantum vellent cf. Caesar, B.G. 6. 23. 7-8; the double ager Insubrium; the synchronization of the Celtic expansion and the foundation of Marseilles). Notwithstanding the persuasive advocacy of Mr. J. J. Tierney for Posidonius, whose claims are also maintained by Duncker, Jullian, and Grenier, I think that the case for Timagenes is as strong. pars Galliae tertia est reads like an echo of the opening of Caesar's Bellum Gallicum. Timagenes published his Gallic researches to exploit the curiosity aroused in the Roman world by Caesar's conquests. They

700

701

both propaganda and justification for contemporary actions. The motive (dulcedinefrugum maximeque vini) is conventional and is repeated aproposofa quite different migration byJustin 43. 3.4. The antagonism between Arruns and Lucumo recurs in the similar story of the sons of Demaratus (see note on I. 34). Together with the embassy of the Fabii (35. 5 n.) all the incidents give rise to the gravest misgivings. See further Hulsen, R.E., 'Clusium'; J. Gage, Rev. Hist. Re!. 143 (1953), I7 0- 208 ;J. Wolski, Historia 5 (1956), 35-39; H. Homeyer, Historia 9 (19 60 ), 346. 33. 3. inliciendae: Gage, comparing a rival version of the story in Pliny (N.H. 12. 5 quod Helico ficum siccam et uvam oleique ac vini praemissa tulisset), and seeing in the person of Helico an aetiological explanation of the cult ofJuppiter Elicius (ef. Gr. EAt~), would read e!iciendae hereunnecessarily since the emphasis is on the country of arrival, not on the country of departure. is fuerat: ipsefuerat Ver., is fuerat ipse N. Ver.'s reading is right. is ipse is very strong (3. 51. 3; see Mutzell on Curtius 3.20.21) and is never found divided. poenae ... nequirent: poena ... nequiret Ver. There is nothing to choose between the singular and plural. Ver. is prone to omit n or m in the middle of words where it affects the number (4. 27. 3 n.) but here Lucumo is a single person guilty of a single offence.

5· 33· 4-35· 3

DIGRESSION ON ETRURIA AND GAUL

were certainly available to Strabo when he started work in Rome in 29 B.C. (Introduction, pp. 2,4). The case for Timagenes gains some support from two closely parallel passages in Justin (24.4; 20. 5. 7-8). Justin epitomized Pompeius Trogus and Trogus relied on Timagenes. Momigliano (Athenaeum 12 (1934), 45-56) argues that Trogus has copied Livy direct but Trogus sites the migrations in Illyria and Pannonia and supplies extra details which cannot come from Livy. Whether Timagenes is included in the levissimi ex Graecis of 9. 18. 6 or not, he is not to be excluded here. I regard it as almost certain that the Etruscan and the Gallic digressions came from the same source. See further Mullenhof, Deutsche Alt. 2. 250 fr.; Hirschfeld, Kl. Schriften, 1-18; Soltau, Hermes 29 (1894), 61 I fr.; Ogilvie, J.R.S. 48 (1958), 41 fr.; also C. Jullian, Histoire de 10 Gaule, I. 243 fr.; A. Grenier, Les Gaulois, 63; H. Homeyer, op. cit. 33. 4. equidem haud abnuerim: I. 3. 2 n. The refusal by an author to commit himself to the solution of a disputed problem is especially characteristic of the ethnographical style (Fraenkel, Horace, 429-30 quoting Sallust, Jug. 17. 2; Tacitus, Agricola I I. I ; Germania, 46. 6). seu quo alio Clusino : not an alternative, otherwise unrecorded, version attributing the blame to some other Clusine (Bayet, tome 5, 55 n. I) but a categorical suspension of a judgement. 33.5. eos ...Juisse qui: for this awkward construction see Klotz on Bell. Hisp. 3. I. ducentis quippe annis: ef. 34. I Prisco Tarquinio Romae regnante; 34. 8 n. Massilienses erant ii navibus a Phocaea prqfecti. Massilia was founded c. 600. Tarquinius Priscus ruled for 38 years (I. 40. I; Cicero, Rep. 2. 36) which on the conventional dating, used with only minor variation by L. and his sources, places his reign from 616-578. The Battle of Allia was fought in 390 (Varr.) so that the figure of 200 years and the other notices are all consistent. Both the connexion between the first Celtic emigration and the foundation of Massilia and the date of that migration are unhistorica!' The Celts came into Italy from Switzerland and south Germany, not from Gaul direct (T. E. S. Powell, The Celts, 2 I : see the critical examination ofthe archaeological evidence by R. Pittioni, Dest. Akad. Wissenschajt, 233 (1959),3.4-22). The Celtic ethnos itself was not formed till the fifth century B.C. and the culture of Gaul in 600 (the Halstatt period) was not so advanced, nor the pressure of population and shortage of land so acute, as to permit such a movement (see J.-J. Hatt, Histoire de la Gaule Romaine, 1959, 19-3 1 with bibliography). The archaeological evidence from Italy confirms that Celtic penetration ofItaly only began after c. 500. The first certain Celtic tombs in the Po valley belong to the La Tene epoch (Jacobsthal, Early Celtic Art; E. Baumgaertal, Jouro. R. Anthrop. Inst. 67 (1937), 231-86; for an unsuccessful attempt to defend the 702

DIGRESSION 0 N ETRURIA

5· 33· 5

early date see L. Pareti, Studi minori, I. 365 fr.). See also 35.3 n. The Celtic penetration of north Italy has been the subject of much recent investigation; see G. A. Mansuelli, Hommages Grenier, 3. 1067 fr.; R. Chevallier, Latomus 21 (1962),356 fr. The synchronization of the foundation of Massilia and the Celtic emigration with its double distortion of date may be due to Posidonius (Strabo 4. 179)· It was inspired by the Gallic attack on Massilia shortly before the invasion which led to the capture of Rome (Justin 43· 5· 4-8 : see Jullian I. 253 n. 3). antequam . .. oppugnarent ... caperent: the subjunctives emphasize the causal connexion between the arrival of the Gauls in Italy and their subsequent attack on Rome (Wackernagel, Vorlesungen, I. 247).

Etruscan Rule in Italy 33. 7. Tuscorum: Etruscorum Ver. Livy uses either form indiscriminately. Palaeographically Etruscorum is preferable after the preceding pugnavere. See Catterall, T.A.P.A. 69 (1938), 300. ante Romanum imperium late terra marique opes patuere: Cato speaks in similar terms (fr. 62 P.); ef. [Servius], ad Aen. 10. 145. The memory of the Etruscan domination of Italy was well maintained. Its detailed accuracy indicates that it was kept alive by a succession of Etruscan writers (the Tuscae Historiae mentioned by Varro ap. Censorinus, de Die Nat. 17. 6) from whom it passed into the mainstream of Roman history. The expansion from the primitive limits of Etruria, bounded by the rivers Tiber and Arno, commenced at least in the seventh century and, in its first phase, was directed southward. The Etruscans established control over Campania with Capua as their capital and penetrated as far as Pompeii (J. Heurgon, Recherches . .. de Capoue prirolnaine; A. Boethius, Gli Etruschi in Pompeii; A. Maiuri, Atti R. Accad. d'Italia 4 ( I 944), 121 fr.). Such extensive penetration presupposes at least temporary control over Latium and Rome (notes on I. 34, 2. 9-15). The southward expansion was checked by a series of reverses-the Battle of Aricia (2. 14.6 n.), the naval defeat at Cumae in 474, and the destruction of the Campanian empire by the Samnites in 423 (4. 37· I n.). Increasing difficulties in the south may have been responsible for the switch of activity to the north. Archaeologically there appears to be no radical distinction between the Villanovan culture and the later Etruscan discoveries at Felsina (Bologna), which might suggest that the Etruscans had been in possession of the area and the whole Po valley from their first arrival in Italy. The literary tradition, however, including the mythical foundation of Felsina by the Perugian Aucno (Servius, ad Aen. 10. 198; ef. Silius Ita!' 8. 599; ); Veron. Aeneid 10. 200; the name Uqnus has been identified on a recent fragment of an Etruscan vase in Rome) speaks with one voice

DIGRESSION ON ETRURIA

DIGRESSION ON ETRURIA

ofa northward expansion. Etruscan-type tombs appear in the late sixth century. Progress was impeded by the geographical barrier of the Alps as well as by the resistance of the Veneti and the Umbrians in the east and the Ligurians in the west, and their control was ephemeral, for the Gauls appear on the scene by the end of the century. Etruscan sea-power is attested from an early period (Hom. Hymn. 7. 6-8; and ef. Palaephatus, Apist. 20; Diod. 5. 19 ff.). 1 The historical sources provide details of individual naval operations, e.g. at Lipari (Strabo 6. 275), the straits of Messina (Strabo 6. 257), Corsica (Herodotus 1. 166) which are confirmed by inscriptional evidence such as Hiero's dedication after the Battle of Cumae (= Tod 22) or the Latin elogium at Tarquinii mentioning a naval expedition to Sicily (published by M. Pallottino, Stud. Etruschi, 21 (1950-1), 147 ff.). But the extent and duration of their power is exaggerated. It is doubtful if the Etruscans ever had a good outlet to the Adriatic or obtained control of it. Etruscan penetration to the north-east coast is confined to the fifth century and the last years of the sixth, during which period the Aeginetan colony of Spina controlled the northern Adriatic (Strabo 5. 214 WS (Ja/"auuoKpaT1JUaVTWV; see N. Alfieri-P. Arias, Spina; R. L. Beaumont, ].H.S. 56 (1936), 179). In the Tuscan sea their power declined rapidly after Cumae. Nautical motifs, figuring on Etruscan vases from the beginning of the sixth century (R. Vighi, Rend. Accad. dei Lincei 8 (1932), 367 ff.), bear out the tradition of Etruscan innovations in shipbuilding (D.H. I. 25; Pliny, N.H. 7. 209). 33. 8. Atriaticum mare ab Atria, Tuscorum colonia: Atria (mod. Atri) , not to be confused with the Picene Hadria or Hatria, lay at the mouth of the Po. So also Pliny, N.H. 3.120; Strabo 5. 214; Justin 20. I. 9. The name is variously spelled by the manuscripts (Atria M, Adria 1T/.,) and by editors, but the etymological note of Varro (de Ling. Lat. 5.161 atrium appellatum ab Atriatibus Tuscis; ef. Paulus Festus 12 L.; [Servius], ad Aen. I. 726) guarantees the unaspirated form Atria. The testimony of other writers (e.g. Plutarch, Camillus 16 }1opLav Ka/"ovuLv d7T<~ TVPP1JVLKijS 1To/.,ews }1opLas) is late and derivative. The Romans generally referred to the Adriatic as Hadria or Hadriaticus (Thes. Ling. Lat. s.v.). On the use and derivation of the ancient names of the Adriatic see R. L. Beaumont, op. cit., 203-4; Walbank on Polybius 2. 14. 4. Atria was not in fact an exclusively Etruscan foundation. Justin (20. I. 9) calls it a Greek colony and the archaeological remains

indicate a mixed Graeco-Etruscan community like Spina (G. B. Pellegrini-G. Fogolari, Stud. Etrusc. 26 (1958), 103 ff.). Graeci eadem Tyrrhenum atque Adriaticum vocant: the Greeks invariably employ the unaspirated }1op· (}10PL1JV~ Eur. Hipp. 736; }1op[as Lys. 32.25; Isocrates, Phil. 5. 21; Polybius 1. 2. 4; ionic }10p[1JS Hecataeus F IOI-2 B Jacoby; Herodotus 1. 163; see Partsch, R.E., 'Adria'). Adriaticum (N) is, therefore, to be preferred to Hadriaticum (Ver.). Note the Greek point of view. 33.9. incoluere urbibus duodenis terras: on the twelve cities ofEtruria see Dennis, The Cities and Cemeteries ofEtruria (1883), xxxi; Bormann, Arch.epigr. Mitteilungen aus Osterreich- Ungam, I I (1887), 103 ff. ; J. Heurgon, Historia 6 (1957), 85-89; F. Sartori, Cocalos 3 (1957), 38-60, who illustrates the prevalence of the number 12 in the organization of Greek cities. They may have been Arretium, Cortona, Perugia (9· 37· 12; Diod. 20. 3. 5; Steph. Byz. S.v. IIeppa[uwv; see Shaw, Etruscan Perugia, 37), Volsinii (10. 37.4; Val. Max. 9. I ext. 2; Pliny, N.H. 2. 139), Caere, Tarquinii, Vetulonia, Vulci (C.J.L. 11. 1432; see Canina, Etruria Maritima, I. 28-35 for a discussion of this relief which may have contained personifications of all twelve cities), Volaterrae, Clusium (2. g. I), Rusellae (28. 45. 18), and Veii, later replaced by Populonia (28. 45. 15) which [Servius] (ad Aen. 10. 172) explicitly says was founded post XII populos in Etruria constitutos. With a cult-centre at thefanum Voltumnae (4. 23. 5 n.), holding annual games on the Greek pattern (Tabula Hispelli = C.J.L. I I. 5265) presided over by an annual sacerdos (5. I. 5) who was one of the twelve lucumones (Servius, ad Aen. 8. 475), the league seems to have been originally a religious federation which later came to acquire a political function as a forum where national decisions could be taken. In this respect it closely resembled the Ionian Confederacy, also twelve in number, but specifically Ionian influences are only detectable in Etruria after the migrations of the middle of the sixth century (R. Bloch, Historia 6 (1957), 53 ff.; Schachermeyr, Etr. Fruhgeschichte, 90 ff.; Blakeway, B.S.A. 33 (1933), 170 ff.). Thus it is likely that the Etruscan political leagues only date from that period. Ifso, the innovation will be shortlived, and a tradition about the detailed constitution of the league will hardly have been established. Twelve did not remain a constant number; for in imperial times inscriptions record a praetor XV populorum (C.I.L. 11. 2115) and Plutarch, Camillus 16 speaks of the eighteen cities of Etruria Circumpadana. If it was primarily a religious organization, it would be natural for parallel federations to be set up in Etruscan provinces, such as in Cisalpine Gaul mentioned by L. here (under the hegemony of Mantua, according to Servius, ad Aen. IO. 202) and in Campania (Strabo 5. 242). See further I. 8. 3; G. Camporeale, La Parola del Passato 13 (1958),5-25,

5· 33· 7

1 Etruria does not figure in the Thalassocracy Lists (Myres, ].H.S. 26 (1906), 84 tr.), but neither does Persia, perhaps because the surviving lists are a conflation of two distinct lists, one a catalogue of Mediterranean sea-power down to Miletus, the other a catalogue exclusively of Old Greek sea-power beginning with Lesbos. Some such division is indicated by Caria being misplaced at the head of the wrong list.

814432

5· 33· 8

z z

5· 33·

IO

DIGRESSION ON ETRURIA

33. 10. excepto Venetorum angulo:

I. I.

1-3 n.

The Raetians 33. 11. Alpinis . .. ea gentibus haud dubie origo est, maxime Raetis: for the most judicious summary of views on the origin of the Raetians see E. Vetter, Glotta, 30 (1943), 67-8 I; M. Pallottino, The Etruscans, 93-g4. L. is corroborated by Pliny, N.H. 3. 133 Raetos Tuscorum prolem arbitrantur a Gallis pulsos duce Raeto and Justin (20. 5-8). The similarity of all three passages indicates a common source and deprives them of any independent value. Horace, on the other hand, associates the Celtic Vindelici with the Raeti (Odes 4. 14; cf. also Pliny, loco cit.) but on such a topic the evidence of a poet is hardly to be taken seriously. They are linked simply because both had been defeated. More significant is Strabo (4. 206) who calls the Raetic tribes of Genauni and Brenni Illyrians. While the question is perhaps insoluble and it is unlikely that any ancient author had dependable evidence, it is worth remarking that archaeologically there are no traces of Etruscan civilization in the Adige (J. Whatmough, Harv. Stud. Class. Phil. 48 (1937), 184-8) although they have been discovered elsewhere north of the Alps (J. G. Szilagyi, Acta Antiqua Hungariae, I (1952),419 fr.) and that the place-names cannot be shown to have specifically Etruscan affinities (von Plan ta, Priihist. eitschrift 20 (19 29), 28 5-7; C. Battisti, Dizionario toponomasticQ Atesino). The main support for L.'s statement has been found in the interpretation of the late (post-3 0o ) inscriptions in Raetian ( = Whatmough, Prae-Italic Dialects, nos. 172-248). Some 70 in number, they have not been satisfactorily deciphered. It is notable that the clearest affinities with Etruscan or Venetie have been claimed in inscriptions from places closest to Etruria and Venetia. Thus P.I.D. 237, found at Magre, contains the word valtikinua which is associated with ven. voltiXen, while C. Battisti has detected Etruscan terminations and forms in inscriptions from Etruscan border-lands (Stud. Etruschi 18 (1944), 199 fr.; 19 (1946-7),249 ff.). More general affinities with Illyrian (e.g. P.I.D. 188 maieXe = Illyr. maz-, mas- ; cf. H. Krahe, Geogr. Namen, 28) suggest that the Raetians were related to the Illyrians, that their language was Indo-European but was contaminated by local contact with more advanced neighbouring civilizations, and that the Etruscan veneer misled antiquarians into detecting in it a decadent form of Etruscan.

.<

Livy's Tradition of the Migration The detailed account of the migrating tribes which follows is founded not on historical fact but ultimately on the ethnographical rationalizations made, in particular by Greeks, during the second and first centuries at Rome. It is the heir ofHecataeus' method of descrip-

DIGRESSION ON GAUL

5· 34-

tion KaTd E8vy). The tribes mentioned by L. are distributed over the areas which they occupied shortly before Caesar's conquest, indicating that ethnographers took the contemporary picture as the basis for their reconstruction of the migrations and grafted on to it plausibly Gallic names of tribes and persons derived from Cisalpine sources. So the motivation of the emigration is derived from Greek literary tradition rather than from memory. The wanderings ofBellovesus and Segovesus can be compared with the wanderings of the sons of the Lydian king Atys (Herodotus I. 94; D.H. I. 27-28) or of the sons of the Arcadian Lykaon (D.H. I. II). 34. 1. haec accepimus: not necessarily by oral legend ; cf. I. 24· 4, 3· 39· I, 3. 69· 8, + 34· 6, 5· 22. 6. Prisco Tarquinio: 4. 23. I n. for the order. Celtarum quae pars Galliae tertia est: cf. Caesar, B.G. I. I. I. The two passages can scarcely be independent. Apart from the linguistic resemblance, L. and Caesar are alone in confining the term Celtae to the central area of Gaul between the Garonne and the Marne. Elsewhere 'Gaul' and 'Celt' are used indifferently of the whole ethnic body (e.g. Pausanias I. 4. I; Strabo 4. 189; Schweighauser, Index Polybianus, 'promiscue oi raAaTaL et oi KEATot'). Caesar's distinction is a new systematization, based perhaps on an ethnographical survey which, as in the pacification of any foreign country, accompanied his campaign. The influence of such a survey, designed to improve on the amateurish work of Posidonius, might be provocative enough to explain the tendentious opposition of Diodorus (5. 32. I). The threefold division of Gaul is also reflected in Strabo 4. 176 who is generally agreed to be following either Timagenes or Caesar himself here. See further J ullian I. 230-8; Holmes 244-320; Grenier 11-15; A. Klotz, Rh. Mus. 96 (1953),62-67. penes Bituriges: The Bituriges Cubi who in Caesar's day occupied the diocese of Bourges. The tradition of their hegemony is supported by the presence of a branch of the tribe (Bituriges Vivisci) on the coast at Bordeaux, the natural outlet to the Atlantic (Pliny, N.H. 4. 108; C.I.L. 13. 566), but is not elsewhere mentioned. In the second century Gaul was dominated by the Arverni until their defeat in 121 at the hands of Cn. Domitius Ahenobarbus (27. 39. 6 (207 B.C.); Caesar, B.G. 7. 4· I; see Jullian 2. 542-52). Thereafter no single power was paramount and by 60 the Bituriges, although still a considerable force, were dependants of the Aedui (Caesar, B.G. 7. 5. 2). ii regem Celtico dabant: the form Celticum is unique here. Weissenborn and Hirschfeld compare Illyricum and Noricum but these are the official names just because they are the Latin equivalents of names commonly and originally encountered in Greek. hosticus, which has

5.34.

DIGRESSION ON GAUL

DIGRESSION ON GAUL

also been adduced, belongs to a different category altogether, being a word of a special, academic solemnity (Fraenkel, Horace, I 17 n. 2). Celticum must correspond to the Greek TO KEATLK6v and betrays thereby the Greek original of the whole section. Another stylistic feature, the disproportionate frequency of the resumptive is in comparison with L.'s normal usage (e.g. ii . .. dabant. Ambigatus is fuit; 34. 5 is . excivit; 34. 8 Massilienses erant ii ... id Galli ... rati; cr. 34· 3 hic . ostendit; 34. 8 ipsi ... transcenderunt), in spite of the synoptic nature of the narrative which lends itself to staccato brevity, may reflect the typical 0 oE, OVTO<; oE, -ryv yap OVTO<; found in the loose writing of late Greek (Norden, Antike Kunstprosa, I. 126 fr.; cf. Timagenes F 5 Jacoby). 34. 2. Ambigatus: only here, but except for the Latin termination, the name is unimpeachable: prefix ambi- ( = 'around') as in Ambidavus, Ambilatri, Ambiliati, Ambirenus; stem as in Abugato (on a gold coin of the Bituriges). Others translate it 'King of the World' (Homeyer, op. cit. n. 34). See J. Rhys, Proc. Brit. Acad., 1905, 114; Schulze 542. virtute fortunaque cum sua tum publica: fortuna is not sheer luck, the Greek wilful or incalculable TVX~, but a providence presiding over the destinies of individuals (29.26.5; first in Ennius, Trag. I72fortuna Hectoris) and states (1. 46. 5, 2.40. 13, 3. 7. I di praesides ac fortuna urbis, 6. 30. 4-6; first in Cicero, in Catil. 1. 15; Sallust, Catil. 41. 3). This was also a Greek idea (as early as Pindar, Olymp. 12) and its introduction into Roman thought was' a consequence of the dissemination of Hellenistic ideas. In other contexts L. uses virtus in the passive sense of the good fortune bestowed by a protectir:g pr?vider:ce upon individuals and states, generally as a reward for putas, III whIch connexion it is the virtual equivalent offelicitas (22. 58. 3, 30. 12. 12, 28. 32. I I). But in the conventional juxtaposition of virtus and fortuna (actively as here or passively as 1. 25. 2, 6. 32. 7, 22. 12. ro, 23· 42. 4, 43. ro, 42. 49. 2, &c.) fortuna is not to be thought of as a reward !'or virtus. virtus is not the same as pietas and Roman religion did not ascnbe to the gods such complete responsibility for events as to disallow the independent effects of human excellence or shortcoming. See further Kajanto, God and Fate in Livy (1957), especially 63-91; H. Erkell, Augustus, Felicitas, Fortuna (Diss. G6teborg, 1952). adeo frugum hominumque fertilis: if Gaul was so fertile, why did some have to leave? According to L., because the nation became unmanageably large-a unique and incredible reason, not included even in the exhaustive list compiled by Seneca, ad Helviam 7. 4. All the other sources give the regular reason of land-hunger for the Gallic migrations (Plutarch, Camillus 15; Caesar, B.G. 6. 24. I; Appian, Celtica 2. 2, cf. Livy 39. 54. 5). This, coupled with the sanctity of forests which would prevent land clearance, the glamour of the Po

valley, and the pressure from the north, is a satisfactory rationalization of the movement. The parallel passage of Justin (24, 4 abundante multitudine, cum eos non caperent terrae quae genuerant) allows us to conjecture that so far from his having had access to a variant tradition, L. has merely misunderstood his authority, taking, for example, the adjective El)Kap7To<; literally ofthe fecundity of crops rather than human beings. 34. 3. Bellovesum ac Segovesum: both authentic names: Bello- as in Bellognatus, Bellovaci; Sego- (Germ. sieg) as in Segobriga, Segovia, on a stem -vesus or -vassus ( = servant). See Homeyer, op. cit. n. 34. 34. 4. Hercynei saltus: the upland districts of south Germany, in historical fact the original cradle of the Celts from which they migrated into Gaul (Caesar, B.G. 6. 24. 2; Tacitus, Germania 23. 1, on which see Norden, Urgeschichte, 358 ff.). Cf. Strabo 7· 293-4. 34. 5. is quod eius ex populis abundabat : eius sc. regni or turbae, a conflation of quod ex populis abundabat, 'the surplus population of the tribes' (cf. Cicero, ad Au. 15. 15. 3) and quod eius abundabat, 'so much (of the population) as was surplus' (a formula common in legal contexts e.g. C.I.L. 12 • 585 (Lex Agraria), 25 agerlocus quei sup]ra screiptus est, quod eius agrei locei post [h.] I. mg. publicum populei Romani erit, extra eum ag[rum locum . .. ; and, in L., cr. 5. 25· 7, 31. 4. 2, 38. 23· ro, 54· 3, 39· 7· 5, 45· 7, 42. 8. 7)· quod eius, unexpected in a non-legal context, may have been used to correspond to a Greek idiom. Editors, since Rhenanus, have referred eius to Ambigatus, despite the impossibility of is and eius referring to different people, or emended (e.g. eis ex eruditissimus Gronovii amicus; e sex . .. [Senones] Madvig; regis ex Zingerle). Bituriges . .. : 'some ofthe Bituriges ..:.' not 'the Bituriges'. The seven named tribes are co-extensive with, not a mere part of, the populi: for the list comprises the principal tribes of Gaul. Bellovesus took a percentage from each, which accounts for the fact that the Senones can be called on twice to supply emigrants (35. 3 n.). Arvernos, Senones, Aeduos, Ambarros, Carnutes, Aulercos: their position in historical times can be roughly fixed by later references and by the boundaries of ancient dioceses. The Arverni (fr. Auvergne) were situated in the modern departments of Central and Puy-de-Dome. L. gives no hint of their subsequent importance (34. I n.). The Senones occupied the diocese ofSens (Caesar, B.G. 2. 2. 3; Pliny, N.H. 4· ro7; Ptolemy 2. 8. 10- II). Their presence in the list of tribes raised by Bellovesus was doubted as early as Sigonius (who substituted Santones; cf. Caesar, B.G. 1. ro. I) on the ground that in 35. 3 the Senones are said to be the last wave of migrants and cannot also be among the first (but see 35. 3 n.). The Aedui are located in the departments of Saone-et-Loire and Nievre: their eastern boundary

I

708

5· 34.

2

DIGRESSION ON GAUL

DIGRESSION ON GAUL

with the Sequani in classical times is stated to have been the Sa6ne (Strabo 4. 186; Ptolemy 2. 8. 12; ef. Caesar, B.G. r. 12. I). Their name is aspirated by editors; the manuscripts give Aeduos here, but in 34. 9 H (a) eduorum M7T, Aeduorum /I.. The unaspirated form is invariable in Greek (Aloovawt in Steph. Byz.; A,oovot or Aloovot in Strabo 186, 192; Ptolemy 2. 18. 19; Casso Dio 38.32; see Ihm, R.E., 'Aedui') and should therefore be accepted here. The territory of the Ambarri (? = Ambi-arari) comprised the area north of Lyons between the Rhone and the Sa6ne. The Carnutes possessed the dioceses of Chartres, Orleans, and Blois. At least six branches of the Aulerci are mentioned (for details see Ihm, R.E., 'Aulerci'; Diehl, Thes. Ling. Lat. s.v.) but there is general agreement that they occupied the region of Maine. It is implied that Bellovesus' tribes formed a compact group and the historical situation ofthe seven named tribes distributes them compactly over the central region of metropolitan Gaul. Such a distribution only became settled in the late third century and neither in 600 nor in 390 would the pattern have been the same. L.'s source has selected the names of the migrants from the ethnic map of contemporary Gaul. See further T. R. Holmes, Caesar's Conquest ifGaul, Geographical Index. in Tricastinos: exact site disputed and perhaps not determinable, since the population was liable to shift (Walbank, ].R.S. 46 (1956), 39). The evidence is conflicting, but the approximate vicinity is represented by the area round St, Paul-Trois-Chateaux (Desjardins). They were already settled, according to tradition, in the locality when Hannibal crossed the Alps. See Scherling, R.E., 'Tricastini'; Sir G. de Beer, Alps and Elephants, 36. 34. 6. de Hercule fabulis credere libet: ef. Timagenes F 2 Jacoby 'Amfitryonis filium Herculem ad Geryonis et Taurisci saevium tyrannorum perniciem festinasse quorum alter Hispanias, alter Gallias infestabat superatisque ambobus coisse cum generosis feminis et concepisse liberos plures et eas partes quibus imperitabant suis nominibus appellasse'. Hercules was a peerless globe-trotter (ef. Lucian, Vera Historia 1. 7) and as the boundaries of the human world were enlarged his exploits were extended with them and became identified with the deeds of local heroes. Greek contact, coincident with the foundation of Massilia, transferred the Geryon labour from Italy (1. 7. 3-15 n.) to Gaul (Diod. 4. 19), and a dim memory of a prehistoric Gallic kingdom, echoed in the story of Ambigatus and the Bituriges (34. In.), nourished a legend that after founding Alesia Hercules was the progenitor of the Gallic race, the dispenser of its laws, and the guardian of its commerce (Diod. 5. 24). Tacitus (Hist. 3. 42) pays mute testimony to the same legend by preserving the name of the Portus HercuIis Monoeci (= Monaco). With the opening-up of Germany he moved north to take over the mantle of Donal' or Thorr (ef. Tacitus,

Germania 3). There was a Herculis castra in the Low Countries. See Haug, R.E., 'Hercules'; Jullian 2. 120 n. 6, 145. 34. 7. ab Saluum gente : so N, except Salluviorum H (and, by contamination, OE*) ; in 34. 8 the nonsensical patientibus silvis was corrected by Valesius to patientibus Saluis (ef. 35. I favente Belloveso); in 35. 2 (see note) N has Salluvii qui, where the corrupt qui (it has no verb to govern) casts doubt on the reliability of Salluvii. The Latin name for the tribe, who lived between the Rhone and the Maritime Alps, was Salluvii (C.I.L. 12 • p. 49; Amm. Marc. 15. I r. 15; Livy, Per. 60, 61,73; Pliny, N.H. 3. 36; Florus r. 19.5, r. 37. 3). The Greek form was l:cf/l.VES (Strabo 4. 178, 180, 181, 184-6, 203; Ptolemy 2. 10. 8; Appian, Celtica 12; Steph. Byz. s.v.) or l:cf/l./l.VES according to some manuscripts in the above passages. An alternative shortened form Sal(l)ues (e.g. Vell. Pat. 1. 15. 4;Jul. Obsequens 90,92) or Salui (ef. Santones and Santoni for the variant termination of Gallic names) was based on the Greek name. It should be replaced throughout in this homogeneous section (viz. Saluum, Saluis, Salui) but not necessarily at 2 I. 26. 3. See Hirschfeld, Kl. Schriften, I I; Homeyer, op. cit. 353-4. 34. 8. Massilienses erant ii navibus a Phocaea prqfecti: two expeditions are recorded: c. 600 (600/599 Timaeus ap. Ps.-Scymn. 2 I 1-14; Solinus 2. 52; 598 Eusebius, Chron.; 599 Jerome, Chron.; temporibus Tarquinii regis Justin 43.3.4; Aristotle ap. Athenaeus 13· 576a; Strabo 4· 179: this agrees with the archaeological evidence on which see Blakeway, B.S.A. 33 (1932-3), 170-208; ].R.S. 25 (1935), 129-49; P. BoschGimpera, C.Q.. 38 (1944),53-59), and C. 5401 (after Harpagus' capture of Phocaea : Herodotus I. 166; Thucydides I. 13. 6 (see Gomme; I am convinced by Blakeway's interpretation of these two passages); Antiochus ap. Strabo 6. 252; Isocrates, Archidam. 97; Pausanias ro. 8. 6; Seneca, ad Helviam 7.8; Isidore, Origines 15. 1.63; Agathias, Hist. I. 2). It is probable that Massilia was founded, partly for trading purposes, by Phocaea c. 600 and that the colony was reinforced by fugitives c. 540 after their Pyrrhic victory over the Carthaginians during an attempt to colonize Corsica. Timagenes dealt with the subject (F 2 Jacoby), but we have no idea what absolute date or synchronization Timagenes gave to the event. Some confusion is evident in L. All the interlocking indications of time (33. 5 n.) are consistent with the original colonization c. 600, whereas his language (navibus a Phocaea prqfecti) suggests that he has the more dramatic escape from Harpagus in mind. For a full examination of the evidence

5.34. 5

710

5· 34· 6

1 The date is usually given as 546 but this is too early. It was the final stage of Harpagus' crushing of Pactyas' revolt. We know from Babylonian records that Cyrus captured Babylon in 539/8 and Herodotus says that Pactyas waited until Cyrus had departed for Babylon before revolting, which can hardly be earlier than

54 1 •

711

5.34.8

DIGRESSION ON GAUL

s~eJ. BruneI, R.E.A. 50 (1948),5-26; P.-M. Duval, Historia 5 (1956),

238-9· ipsi per Taurinos saltusque Iuliae Alpis transcenderunt: saltus iuliae alte alpis 7r, saltusque iuriae alpes H (7r'S reading is a valueless dittography).

According to Lo's tradition the Gauls, coming from the Tricastini through the Taurini (Turin) to the Ticinus (Ticino), celebrated as the site of Hannibal's victory, and Milan, must be supposed to have come over the Cottian Alps (Mt. Genevre) and followed a route similar to Hannibal's (The Passage qf H. over the Alps, by a member of the University of Oxford (1820), Introduction, p. 27). L. appears to bring them over the wrong pass. The Julian Alps are in the extreme north-east of Italy above Trieste, nowhere even remotely near Turin. It is possible that L. has made a mere mistake, such as led Thucydides to speak of the TEptVatO, KOA7rO, (6. 104. 2) when he meant the Scyllacian Gulf. Or it is possible, as J. Heurgon (R.E.L. 34 (1956), 85-87) has recently argued, that what were subsequently known as the Cottian Alp were in 25 B.C. known as the Julian Alps, but Vitruvius c. 25 B.C. can write that Alpibus in Gotti regno est aqua (8. 3. 17) which suggests that the appellation 'Cottian' was already established by then, while 'Julius' is associated with the area of the Julian Alps as early as the foundation of Forum Julii and Julium Carnicum in the 50's. It is, therefore, more probable that the mention of the Julian Alps in L. is ,a conflation of two separate traditions, one, historically accurate, which brought the Gauls into Italy from the north-east and a second, influenced by Hannibal's passage, which led them over Mt. Genevre to Turin (D'Arbois de Jubainville). The conflation may have been due to the confusion of a Julian Alpine tribe called Tavp{uKOt o[ NWptKO{ (Polybius; cf. Strabo 5. 2 13) with the better-known inhabitants of Turin. Traces of such a north-eastern infiltration survive in Polybius and both traditions were certainly discussed by Timagenes. It is noteworthy that Timagenes in another fragment (2 Jacoby) speaks of a Tauriscus who devasted Gaul. See Homeyer, op. cit. 354-5. per Taurinos: for the use of per with peoples cf. 10. 20. I, 2 I. 38. 7; for the singular Alpis ef. Ovid, Ars Am. 3. 150; Florus I. 22. 50. 34. 9. fusisque acie Tuscis: the Etruscans, according to Nepos ap. Pliny, N.H. 3. 125, had founded a city, Melpum, at the site of the later Milan, which was destroyed by the Gauls in 396 on the same day that Camillus captured Veii. No trace of it has been found and it cannot in fact have been built before c. 525, when the Etruscans reached the area. Lo's chronology is again at fault, for he dates the foundation of Mediolanium to c. 600 (33. 7 n.), thereby implying that Melpum was destroyed some seventy-five years before it could possibly have been built. The tradition of fighting between Etruscans

712

DIGRESSION ON GAUL

5· 34· 9

and Celts in the latter half of the fifth century is strikingly confirmed by the grave-stelai from Felsina (c. 500), depicting combats between cavalry or hoplites and ill-armed foreigners. There is an evident parallel with Hannibal's victory in 218 B.C. See Walbank on Polybius 2.34. 10; Nissen, It. Land. 2. 180 ff.; Homeyer, op. cit. 353; Mansuelli, op. cit. 1072-3. agrum Insubrium appellari ... cognominem Insubribus, pago Aeduorum: no such Gallic clients of the Aedui are known. The name in Celtic means 'very wild' (Holder, Alt-celt. Sprach. s.v.; Philipp, R.E., 'Insubres') from which Jullian (I. 291, n. 6) conjectured that it was a war-name chosen by the migrating tribes. The mention of the Insubres has been used (e.g. by Hirschfeld) as evidence that L. is following Nepos, himself an Insubrian (Pliny, Ep. 4. 28. I). cognominem: Gk. €7rC.vvv/-Lov, a geographical calque. See Norden on Virgil, Aen. 6. 378 ff.; Ogilvie, Eranos 55 (1957),201 ; ].R.S. 48 (1958), 43 n. 49. 7rA read cognomine but a noun would have to be nomine (Nipperdey) . Mediolanium: a Celtic name, recurring throughout Gaul and Britain (see R.E., S.v. (1)-(6); A. Longnon, Revue celtique 8 (1887), 375-8), of uncertain etymology: the prefix medio- is Eng. 'mid-'. A late popular etymology analysed it as lanigero de sue nomen (Sid. Apoll. Epist. 7· 17. 2.20; Claudian, Nupt. Hon. Aug. 183; Isidore, Origines 15. I. 57). The Greek form appears to have been ME8tOM,vtOV (Strabo 5. 2 I 3 ; Ptolemy 3. I. 33; and to be restored with some manuscripts in Polybius 2. 34) but was contracted to ME8tOAavov under Latin influence (cf. Plutarch, Marcellus 7), the Latin form being regularly Mediolanum (Pliny saep.; Tacitus, Hist. I. 70; Suetonius, Augustus 20). L. here (and 34. 46. I) follows the Greek model. See Mommsen, G.I.L. 5. pp. 633-4; Hirschfeld 12.

35. 1. alia subinde manus Genomanorum: the four other successive waves of migrants are to be taken as occupying the intervening 200 years. In general the account agrees with Polybius 2. 17, except that Polybius adds Aaot and J1vapE, while omitting the Salui and differs from Lo's order. The Aaot are generally identified with the Laevi (35. 2 n.; see Walbank on Polybius 2. 17.4), who elsewhere are firmly described as Ligurian, not Celtic; but it is more likely that Polybius either wrote or certainly meant the Salui. The variation of order is not significant, for the whole sequence of Gallic invasions is not based on contemporary traditions but, at best, on a late rationalization from the presence of separate racial groups in Cisalpine Gaul, and the sequence will be governed by the order in which antiquarians considered the groups and by a general principle such as that the farthest advance into Italy will have been made by the latest arrivals. Genomanorum: 'another band consisting of Co'. Germanorum MSS.

DIGRESSION ON GAUL

DIGRESSION ON GAUL

but Glareanus's correction is accepted in view of Polybius (sup. cit. Tovop..avot) and Pliny, N.H. 3. 130 Brixia Cenomanorum agro. The same corruption is found at Cicero, Balb. 32. The Cenomani lived round Le Mans. Elitovio: Etitovio is printed by editors but, while -ovius is a common termination (ef. Britovius, Virovius), Etit- has no Celtic parallel. MTT have Elit- with which Ihm compared C.I.L. 12. I 174 matribus Elitivis Capella. ubi nunc Brixia ac Verona llTbes sunt: confirmed by Pliny, sup. cit. and Catullus 77. 34. The territory of the Cenomani was extensive, stretching from the Ollius (Oglio) to the Athesis (Adige) and including Cremona and Mantua (Strabo 5. 213; see Ptolemy 3. 1. 27). See Walbankon Polybius 2.17.4; Hulsen,R.E., 'Cenomanni (3)'; G. E. F. Chilver, Cisalpine Gaul, 80. 35. 2. Libui considunt post hos Saluique: on Saluique see 34. 7 n.; for the subsequent fate of the Libui ef. 21. 38. 7, 33. 37. 6: elsewhere they are called Libicii, e.g. by Pliny (N.H. 3. 124 Vercellae Libiciorum ex Saluis ortae), Ptolemy (2. 6. 68, 3. 1. 32) and Polybius (i1Ef3EKtot) but a similar variation occurs in the case of the name of Libya (cf. Tacitus, Ann. 2. 60; Virgil, Aen. 1. 339). Their Gallic provenance is unknown. Fuller details in Homeyer, op. cit. n. 60. Editors from Rhenanus to Madvig (Bayet marks a lacuna) punctuated: alia subinde manus_ . .. cum transcendisset Alpes, ubi nunc Brixia ac Verona urbes sunt, (locos tenuere Libui) considunt. post hos Salluvii .... The implication of this is that the Libui were an indigenous Ligurian population or, at least, a previous wave of invaders (as in Polybius). The parenthesis is intolerably awkward and destroys L.'s favourite dactylic clausula (- v v - ,,) which he employs in descriptive or narrative passages, as below 35. 2 ... sese tenuere; 35· 3 .. ·fines habuere. The Libui and Salui are always associated (cf. Pliny, sup. cit. ; 21. 38. 7 per Saluos (saltus codd. Salassos Lipsius) ... ad Libuos Gallos deduxerint). See Philipp, R.E., 'Libicii'; Madvig, Emendationes Livianae, 145; F. Altheim, History of Roman Religion, 33. prope antiquam gentem Laevos Ligures: ef. Pliny N.H. 3. 124. The Ligurians, who linguistically were pre-Indo-European, occupied a wide tract along the French and Italian Riviera. They have left their traces in place-names, the Laevi, in particular, being commemorated by the R. Lavagna and the Commune di Leivi (D. Formentini, Riv. Stud. Ligur. IS (1949),218-19). They are hardly to be identified with the Aaot of Polybius (35. I n.) since their Ligurian nationality is as old as Cato. In 33. 37. 6 Laevos Libuosque cum pervastassent (Romani) it is clear that the campaign is raging on the borders of the Ligurian (Laevi) and Gallic (Libui) lands: the Libui are not being classed as Ligurian, as Altheim and others have maintained.

Poenino deinde Boii Lingonesque transgressi: ef. 2 I. 38. 6. The Pennine (Gr. St. Bernard) is regarded as a pass or route, not a mountain, hence the ablative. The provenance of the Boii and their capital Gorgobina (Caesar, B.G. 7. 9. 6) is disputed. They evidently abutted the territory of the Aedui in the vicinity of Avaricum since they supplied Caesar with corn during the siege of that city (B.G. 7· 9. 12-13). If they lived on the east bank of the river Allier, their association with the Lingones who lived immediately to the north near the head-waters of the Marne and the Saone would be natural. See T. R. Holmes 426-30; Ruge, R.E., 'Boii (I)'; Walbank on Polybius 2. 17· 7. Umbros agro pellunt: an Italic people related to the Sabellians who had already been displaced by the Etruscan expansion of the sixth and fifth centuries and confined to the central Apennines. The Iguvine tablets remain the principal evidence for their language. See Walbank on Polybius 2. 16. 3; Nissen, It. Land. 1. 502-8. 35. 3. recentissimi: implies that they were new-comers (cf. also Ps.Scylax 3. 82) but they are named in 34. 5 (n.) among the earliest migrants. On general grounds it is likely that the Senones, who were the van of the expansion, should have been among the early settlers and this is confirmed by Celtic tombs at Casola Valsenio in Picenum which contain Attic Black Figure ware, acquired presumably from Spina, datable not later than 490 B.C. (Arias, Noti,;:;. Scavi, 1953, 2 18 ff.). It is possible that there were two waves of Senones but an easier explanation of the doublet lies to hand. Polybius (2. 17· 7) says that the Senones occupied the extremity of the Celtic expansion Tn TEAEVTai'a TTPOS (JaM.TTT/. If this or a similar Greek phrase occurred in L.'s source, he may well have mistranslated it, giving TEAwTai'os a temporal rather than a topographical force. There is indeed no good evidence that the captors of Rome in 390 were called Senones. The earliest versions of the Gallic catastrophe (Theopompus ap. Pliny, N.H. 3. 57; Heraclidesap. Plutarch, Camillus 22; Aristotle ap. Plutarch; cf. Polybius 2. 22. 4) do not specifically name the Celtic tribe. The later version, which identified them with the Senones (Diod. 14. 113· 3; Strabo 4. 194; Plutarch; Appian, Celtica I I), may well be a throwback from the conquest of the Senones in 283 B.C. See Mommsen, Rom. Forsch. 2. 300; J. Wolski, Historia 5 (1956), 32-35; Mansuelli, op. cit. 1075-7. ab Utente flumine usque ad Aesim: mod. Montone and Esino, i.e. 'from Ravenna to Sinigaglia. id parum certum est: 33. 4 n.

71 4

71 5

5· 35·

I

5.35.2

35.4-55. The Fight Against the Gauls The second half of the book, treating of Rome's adventures with the Gauls, is presented as a continuous narrative (41. 3 n., 46. I In.).

5· 35· 4-55

391 B.C.

391 B.C.

The events are told as a series of episodic units, each illustrating some quality in the Roman people. L.'s immediate source is unlikely to be Licinius Macer but could be either Valerius Antias or Q. Claudius Quadrigarius-certainly an author of their generation. See ].R.S. 48 (1958), 43; M. Zimmerer, Der Annalist Q:C.Q. (1937).

35.4-36. The Embassy

if the Fabii

The whole story is baseless. The Clusines would hardly have turned to Rome for help. It is a duplication of the single combat between Gaul and Roman immortalized in the legend of Corvinus. Polybius does not allude to it. In its earliest form two (the usual number) unnamed ambassadors went to Clusium to spy on the Gauls and became involved in the fighting. The Gauls demanded reparation and were offered by the Senate first financial compensation and then the lives of the offending ambassadors. The assembly under the persuasion of the father of the culprit, who happened to be consular tribune, refused to ratify the solution (Diodorus 14. 113. 3-7; cf. D.H. 13. 12). Later, doubtless under the influence of Fabius Pictor, the ambassadors were identified as Fabii but, as no particular Fabius could be cited definitely, the problem of identification was resolved by increasing the size of embassy from two to three, to comprise all three Fabii who were jointly consular tribunes in 390. The ensuing complication that consular tribunes could not also have been legates during their year of office was got round by transposing the embassy from 390 to the previous year. Traces of unco-ordination can be seen in L. (35. 5, 36. 6 n.). L. makes the story a moral and psychological pretext for the impending disaster at the Allia. Notice the emphasis on the failings of the Fabii-praiferoces legatos Gallisque magis quam Romanis similes; contra ius gentium. It became a favourite subject for debate in the Schools (Quintilian 3. 8. 19). See Mommsen, Rom. Forschungen, 2. 303-7; Ed. Meyer, Apophoreton, 139-42; Bruckmann, Rom. Niederlagen, 41-42. 35. 4. genus armorum: rhetorical imagination, for the weapons used by the Gauls of the period (throwing-spears, iron thrusting swords, daggers, round shields) did not differ significantly from those employed by the Romans, unless L. is thinking of the gaesatae who created such an impression on Polybius (2. 22. I with Walbank's note). On the other hand, unlike the Romans, they did fight in open rather than closed formation. For details see Powell, The Celts, 104 ff. cis Padum ultraque: cf. 9· 3 2 . 9. 35. 5. M. Fabi Ambusti: no person of this name is known unless he is the same as M. F. Vibulanus, consul in 442 (4. I I. I n.; see MUnzer, R.E., 'Fabius (39)'). 35. 6. cognosci: 'it was better to make the acquaintance of the Gauls in peace rather than in war'.

5.36.

I

36. 1. responsum: the moderate request of the Gauls contrasted with the intemperate brutality of the Fabii is brought out by the different character of their language. For the 'parliamentary' viros fortes see R. G. M. Nisbet on Cicero, in Pisonem 54; for mortales see I. 9. 8 n. In the Roman reply notice the brusque minari arma (Cassius, ad Fam. I 1.3.3) and for quid rei esset see I. 48. I n. 36. 3. agro: 'the Gauls need land which the Clusines own in greater quantity than they farm'. quem makes the transition from the general concept of land to the particular area which the Clusines own, but the construction would be sensibly eased by Morstadt's cum. 36.5. in armis iusferre: for the thought see 3. 37.7 n. 36. 6. urgentibus: 22. 8, 32. 7. The phrase is echoed by Tacitus, Germania 33. 2; Lucan 10. 30. Cf. Virgil, Aeneid 2. 653. iuventutis: at variance with their election to the consular tribunate next year and with the fact that two of them had already held that office and so must have been over thirty. It is a survival from the older version of the story in which the fathers of the legates rather than the legates themselves were leading citizens. 36. 9. decerneret: the reading of N has been unreasonably doubted. The subject is senatus; cf. 23. 3 and other examples in Thes. Ling Lat. s.v. 'decerno' 142. 3 I. 36. 10. cladis forte . .. acceptae: acceptae stands for a future passive participle (accipiendae Tan. Faber); cf. I. 9. I I; Seneca, Dial. 10. IS· 3. 36. 11. tribus Fabiis: the Capitoline Fasti preserve only the entry Q. Fab] ius Mf Q[ n.] but the names are given by Diodorus 14. 110. I. The three Fabii must be K. Fabius, consular tribune in 404 (4. 6 I. 4 n.), Cn. Fabius, consular tribune in 406 (4. 43. In., 58. 6 n.), and an otherwise unknown Q. Fabius. Allegedly they will have taken office on I July (32. I), a mere fortnight before the battle of the Allia. Q. Sulpicius Longus: presumably Q.f. Ser. n., son ofthe disputed consul of434 (4- 23· In.). Historically he is likely to have been the leading figure at Rome during the disastrous months of the Gallic invasion because it was he who made the offering before the battle (Macrobius I. 16. 23) and conducted the defence of the Capitol (48.8), but his standing was overshadowed by the role invented by historians for the saviour Camillus. Q. Servilius quartum: 5. 8. I n. P. Cornelius Maluginensis: 5. 19. 2 n.; Servilius according to the manuscripts, but Diodorus records his nomen as Cornelius and' the cognomen Maluginensis is confined to that gens. The error arose from repetition of Q. Servilius.

37-38. The Allia The Battle of the Allia was fought on 18 July. There is no surer date in Roman history. A dies ater, its memory was perpetuated in the

5.37.

390 B.C.

390 B.C.

religious calendar (Aul. Gell. 5. 17. 2; Macrobius 1. 16. 23). We can be certain also that the Roman army was led by Q. Sulpicius, that it was accompanied by some allied troops (Polybius 2. 18), that it made its stand on the left bank of the Tiber where the Allia (Fosso della Bettina) joins the main river, and that it was overwhelmingly defeated with many casualties by drowning (4. 33. ro n.). These are facts. Historians did make minor changes. The allied contingent was forgotten in order to mitigate the disaster by stressing Roman isolation (Walbank on Polybius loc. cit.). Diodorus (14. 114), by what may be no more than a simple confusion, transferred the scene of the battle from the left to the right bank. The details of the engagement itself had to be imagined and the numbers conjectured (70,000 in Diodorus; 40,000 in Plutarch and D.H.). The time-lag between the battle and the occupation of Rome could be adjusted to taste (39. In.). With so little room for manreuvre it is not to be expected that L.'s version would present any striking peculiarities. A few details suggest that L. took it from a relatively late source (38. 3 n.) but he retells it starkly and with emotion. The syntax is periodic with the exception of occasional short sentences to mark the decisive stages (38. 6, 38. 7). The importance of the occasion is signalized by a certain elevation of language (37. In., 37. 2 n.). As always L. singles out the psychological cause of the disaster-the temeritas of the tribunes (37. 3), the unnerving spectacle of the Gauls (37. 6), the demoralization of the Romans (38. 5). For the battle itself see G. Thouret, Fleck. Jahrb. f Phil., Supp. Band, 1880, 136 ff.; C. Hlilsen, Die Allienschlacht (Rome, 1890); Ed. Meyer, Apophoreton, 137 ff.; Sigwart, Klio 6 (1906),341 ff.; E. Kornemann, Klio II (1911), 335ff.;]. Kromayer, Abhandl. Siichs. Akad. (phil.-hist. Kl.), 34 (192 I), 28 ff.; Schachermeyr, Klio 23 (1930),277 ff. ; ]. Wolski, Historia 5 (1956), 38-41. For L.'s account see Burck 123 ff.; Bruckmann, Rom. Niederlagen, 42-44; E. Catin, En Lisant Tite-Live, 115-18. 37. 1. moles mali: only here in L.; cf. Lucretius 3. 1056; Cicero, carm.Jr. 39. 4; Ovid, Met. 11. 494; Seneca, H.F. 12 39. adeo: the new episode, as often (2. 2. 2), is introduced by a moralization-quem deus vult perdere dementat prius-which reaches back through the orator Lycurgus (in Leocr. 92) to the Greek tragedians (cf. Sophocles, Antig. 620) and even Homer (Iliad 9. 21; ef. Theognis 402 ff.). See Dodds, The Greeks and the Irrational, 38-39. ingruentem: 2 1. 5 n. ultima: 'as a final resource'. 37. 2. ab Oceano: not necessarily in conflict with the ethnology of ch. 34, since it was a rhetorical commonplace thus to exaggerate the

outlandishness of strangers. Cf. Cicero, Verr. 5. 6, 50; de Provo Cons. 29, 3 1, 34· bellum ciente: only here in classical prose; ef. Virgil, Aeneid 1. 54 I, 12. 158; Silius Ital. 5· 335· 37. 4. ira: quick temper is an invariable ingredient in the conventional picture of the Gauls (44· 4, 49· 5, 10.28. 3, 38 . 17· 7; Polybius 2. 35. 3). For impotens with the gen. ef. 29· 9· 9; Tacitus, Hist. 4· 44· The dactylic clausula (iter ingrediuntur) is striking. 37.5. Notice the word-order: the clipped phrases (equis virisque, longe ac late,fuso agmine) lead up to loci separated from immensum and postponed to the end of the sentence. 37. 7. lapidem: on the Via Salaria. 37. 8. truci cantu: another conventional hallmark of the Gauls; ef. 39. 5, 38. 17· 4; Polybius 2. 29· 5; Caesar, B.G. 5· 37· 3; Tacitus, Annals I. 65.

5· 37-38

718

2

38. 1. nee auspicato nee litato: I. 36. 6 n. 38. 3. Brennus: a name not a title (ef., e.g., C.I.L. 13. 677; see Holder, Alt-celt. Sprach. 1. 501), anachronistically introduced from the celebrated leader of the Gauls who invaded Greece in 280 (38. 16. I). In Polybius and Diodorus the commander of 390 is unnamed. concucurrissent: the reduplicated form is undisputed at 29. 18. ro; ef. Priscian 2. 533. See also 8. 7· 9· 38. 4. fortuna . .. ratio: ef. Diodorus 14. 114· 3 ErTf' KUTa T!JXYjv ErTE KUTa 7TpoVOtUv. The relation ofDiodorus' source for the Gallic disaster to L.'s source has not been adequately elucidated but the resemblances between them are striking and close (c£ 38. 8 "-' '{7TTOVTE, Ta 07T,\U; 38. 9 "-' TtVE, imo TOU (3&.pov, KUTUSVOfLEVOt; 38 . 9 "-' of fLEV 7T'\E'iUTOt TWV StUUWe'VTWV OvYj{ov, KUTE'\&'(30VTO o,\{YOt SE .pVyOVTE' El, 'PwfL~V: ef. also 55. 2, 55.3: see the latest discussion by Wolski). It is, however, certain that the part played by fortune in the battle of Allia was .not invented by L. but was a long-standing attempt to save Roman pnde. Cf. Cannae (23, 24. 6, 23. 22. I). 38.5. omnium: Gronovius's certain correction of hominum. 38. 8. defugit: lit. 'fled down'; the word is elsewhere only found in this sense in 'Itala', los. ro. 27 and Arnobius, Nat. 4· 5. They fled down-stream (ef. 37· 7 deJluens). 39-43. 5. The Gallic Occupation of Rome The immediate aftermath of the Allia was the occupation of Rome, whose defences at this time amounted to a ditch and turf-wall which were inadequate to withstand a resolute assault. The fact of the

71 9

390 B.C.

390 B.C.

occupation is indisputable and has left its mark archaeologically (55. I n.; see L. G. Roberts Mem. Amer. Acad. Rome, 2 (1918),55-65) but the extent of it is less certain. It would be natural for Roman historians to minimize their indignity and there are many places where this tendency can be seen at work. There is a half-suppressed tradition that the Capitol as well as the city was captured by the Gauls (Ennius, Annals 164 V.; Lucan fr. 16; see O. Skutsch, ].R.S. 43 (1953), 77-78; M. ]. McGann, C.Q,. 7 (1957), 126-8) which, it might be held, represented the real truth before it was glossed over and modified by Roman propagandists. The literary tradition is, however, ambiguous and in the face of the persistent legend about Manlius and the Geese and in default of any archaeological confirmation it is better to accept that only the city and not the Capitol was occupied. One other detail seems grounded in solid fact--the tradition of L. Albinius and the removal of the sacra to Caere (40. 7- Ion.). The other incidents which make up the first stage of the Gallic occupation-the withdrawal to the Capitol, the massapre of the elders in the Senate, the battle on the slopes of the Capitol-are derived from popular or family mythology and supplemented by rhetoric and imagination. L., who continues to use the same late source, develops each episode as a stage in the restoration of Roman morale, as exempla pietatis, which culminates with the repulse of the Gauls (43. 3). This revival makes a fitting moment for him to change the scene to Camillus at Ardea. The episodes are presented vividly. Typical of his sense of drama is that whereas in Diodorus (14, 115), Polybius (2. 18), and Verrius Flaccus (Aul. Gell. 5. 17. 2), the Gauls reach Rome after three days, L. to enliven the story compresses the time-interval to a single day. Wolski is mistaken in supposing that L. here preserves an authentic detail. 39. 1. quoque: bridges the transition from the Romans to the Gauls. Strictly only the Gauls and not the Romans as well were immobilized by surprise at their success but cf. 43. I, I. 33. 6 (Nye, Sentence Construction, 40). The methodical steps taken by the Gauls (primumdeinde-postremo-tum demum) are contrasted with the disordered panic shown by the Romans. The whole description of the entry of the Gauls into Rome is inspired partly by memories of the aftermath of Cannae (39. 4 n.) and partly by literary models such as Herodotus' account of the Persian attempt on Delphi (41. 8 n.) and of the Persian sack of Athens. In i articular the resemblance between the massacre of the senators and the liquidation of those Athenians who had taken refuge on the Acropolis and between the abortive attempt on the Capitol and the successful ascent of the Acropolis is to be noted. mos: cf. Caesar, B.G. 6.17· 3.

39. 3. perdita re: the singular is colloquial (Terence, Eun. 258) and, as such, is appropriate in the mouth of barbarians. 39. 4. crederet: N read crederent but if nemo is right the subject must be the singular nemo. The corruption is, however, deeper. As the text stands there is an anacoluthon between Romani who must be the surviving inhabitants of Rome and complorati omnes who are the missing casualties and, since the scene is set at Rome, the anacoluthon can scarcely be justified. The text of complorati ... impleverunt is guaranteed by the significant repetition in 22. 55. 3 against such drastic changes as that proposed by Sigonius. The trouble must lie with crederent and I suspect that the termination has been affected by the preceding -erant. The neatest solution is that of Heerwagen who would read credere et but the hist. inf.linked by et to an aorist is artificial and cannot easily be paralleled. I would consider either credebat. complorati (for the limitation of Romani by nemo cf. 37. 38. 4 regii . .. aliquot inteifecti sunt) or neminem . .. credidere et (for the pleonasm neminem quemquam cf. Kiihnast, Liv. Syntax, 202; Riemann, Etudes, 133 ff.; for the variation -ere et -erunt cf. 38. 10 petiere et ... conjugerunt). \Velz replaced quam Romam by cum but that does not meet the logical objection that Romani and complorati are not identical. 39. 5. stupifecit: elsewhere in early prose only Cicero, de Drat. 3· 53 which is a quotation. A strong word to match the disaster (Accius, four times in Virgil, Ovid). 39. 6-7. Some doubt surrounds the precise words in which the Romans' anticipations are framed. It is clear that there are three views: (I) primo adventu, (2) deinde sub occasum solis, (3) tum in noctem, signalized by the temporal pronouns. With the first two a verb has to be understood such as Gallos invasuros esse, while in the third the verb is expressed (dilatum consilium esse). The first two are also qualified by clauses introduced by quia with the indo although the whole passage, being the views of the Romans, is in or. obl. The indo must be used to distinguish actually observed phenomena (the Gauls had come up to the city: there were only a few hours' daylight left) from inferred intention which are given in the first case by a parenthesis (mansuros enim . . .foret) and in the third by the clause quo . .. injerrent. The difficulty is concerned with the words given by the manuscripts as ante noctem rati se (om. Ver.) invasuros. The structure of the passage shows that these words must give the grounds for supposing that the Gauls would attack before nightfall, based on the observation that there was only a little daylight left. This rules out N's reading since the subject of rati se would have to be the Gauls but Ver.'s rati (omitting se) is no easier: it could only be construed as a nom. pendens, for the subject of the main sentence is not the Romans but omne tempus. Luterbacher's escape from the predicament was to read ratis (sc.

720

814432

7'21

5· 39·3

390 B.C.

390 B.C.

Romanis) as a self-contained abl. abs. (cf. 4· 44. 7, 60. I), but a verb of thinking is not called for at all since the entire sentence is itself in or. obI. Walters's enim [rati se] gives admirable sense, balancing mansuros enim, but is palaeographically incredible, while Bayet's satius, if palaeographically attractive, is linguistically impossible (Shackleton Bailey, Propertiana, 132). Both demands are satisfied by certe, which is also commended by G. W. Williams (l.R.S. 45 (1955), 229): see further C.Q. 5 (19 1 I), 14· 39. 8. continens: 'hard upon the long-drawn-out anxiety came the disaster itself'. 39.9. placuit: the scene ofseparation together with the arguments used in its support (solacia) is a feature of the conventional description of a beleaguered city which stems from Thucydides (ef. 2. 6. 4, 78. 3; notice T6 dxpetov). Equally the emotional outbursts attendant on such separations were elaborated by Hellenistic historians who took as their model the picture of the Athenian withdrawal in Thucydides 7· 75· 39. 11. jlaminem sacerdotesque Vestales: jlaminem sacerdotesque et Vestales Vel'. Two problems arise: (I) Who is referred to by the singular, unqualifiedjlaminem? (2) Can sacerdotes be an attribute of Vestales or did L. mean, as the reading of Ver. suggests, to distinguish the Vestals from the other bodies of priests and include both among the fugitives on the Capitol? On the first point we should compare 40. 7 where the Flamen Quirinalis and the Vestal Virgins are working hand in glove. In writing jlaminem without further definition L. is probably guilty of over-simplification of his sources. We should not delete the word (Ruperti, Mommsen). Secondly, over the choice between Ver.'s and N's reading, it must be noted that the story is centred solely on the Flamen Quirinalis and the Vestals and in none of the sources is mention made of other priests and that Vel'. is prone to insert et after -que; ef. 4. 14· 4, 5. 40. 7· For sacerdotes Vestales Weissenborn compares Aul. Gell. 1. 12. 14, 10. 15.31; ef. Livy 5. 40. ro, 50. 3· cultum eorum: sc. sacrorum but the Romans did not have a cult of sacra: sacra were one form of the cult of the gods. Ver.'s cultum deorum is to be preferred. For the expression ef. Varro, de Deorum Cultu; Livy I. 21. 2, 5. 46.3; Cicero, Tusc. 1. 64; Florus 1. 2. 2. 39. 12. periturae: Stacey, in company with Luterbacher and H. J. MUller, read peritura with urbe (ef. Sallust, Jug. 35. ro) claiming the phrase as poetic and Ennian. But periturae is the unanimous testimony of the manuscripts and peritura would be otiose after imminenti ruinae urbis. Cf. Seneca, Epist. ro4. I I ; Austin on Virgil, Aen. 2. 646. 39. 13. quo id aequiore: Jung, elaborating Ver.'s reading, proposed quod id iniquiore animo 'because the people were taking it (the disaster) harder than was right' (ef. 34. 2. 14,44. 35. 4) but the idiomatic quo

5.39.6-7

with the comparative ('that so they should bear it more equably') must not be thrown away.

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40. 1. commendantes: often used of leaving bequests; ef. Cicero, In Catil. 4· 23· trecentos: 54. 5 n. quaecumque: ef. Cicero, in Catil. 4. 2; pro Mil. roo: Caesar, B.G. r. 31. 14· 40.3. humani . .. mali: both Ver. and N have the dat. plural humanis . .. malis, which could be retained if taken after superesset ('they were leaving nothing that might go beyond human miseries' i.e. they left no space for anything but misery; for humana mala ef. 48. 6, 23. 18. ro; for superesse with the dat. cr. 9. 38. 3, 25. 10.6, 19. 16). The sense, however, is much less good than Finckh's humani . .. mali 'supplied the final touch of human wretchedness'. 40.6. exsequentes: 'following their own hopes and executing their own plans'. A zeugma, but not harsh enough to justify reading sequenteJ with Madvig. For consilia exsequi ef. 36. 43. 8. 40. 7-10. The Removal if the sacra to Caere If the preceding scenes of distress in Rome are imaginative, the legend that the sacra were conveyed to Caere is one of the few genuine strands in the tradition. It is not an aetiological account of the word caerimonia (Paulus Festus 38 L.; Val. Max. 1. 1. ro). It is a story which would have been long remembered for the credit it reflected both on the devotion of the Flamen Quirinalis and the generosity of L. Albinius and its antiquity seems vouched for by Aristotle (ap. Plutarch, Camillus 22. 4 T6 [LEV cl,\wvat T~V 7TOAtv V7T6 KeATwv dKpt{3W<; ISfjAO<; lunv dK7JKOW<;, T6v ISE uwuavTa AeuKwv). When Aristotle was writing, M. Furius Camillus had not yet been built up into the major figure of the saviour of Rome. It was L. Albinius, the man who was responsible for preserving the religious life of the city intact, who was regarded as its ultimate saviour (ef. his Elogium = Inscr. Ital. 13, no. II). Confirmation of the antiquity of the story can be found also in the reward given by the Romans to the Caeretans (50. 3 n.) and in a well-supported notice of a victory of the Caeretans over the Gauls, perhaps in 38 7/ 6 (Diodorus 14. 117. 6; Strabo 5. 220). The ties between Rome and Caere were of the very closest throughout the period. The aetiological myth that the place known as doliola was so called from the burial of the sacred objects in jars there is erroneous, for two jars were themselves among the sacra which were to be saved. KEpa[Lo<; TpwtKO<; was preserved in the temple of the Penates at Lavinium (D.H. 1. 67. 4) and the Penates, in the shape of the Dioscuri, used to receive two amphorae at the main centres of the cult, Sparta and

390 B.C.

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Tarentum. These amphorae correspond to the doliola (Plutarch, Camillus 20. 8). It is probable that the sacred doliola and the place called doliola have no connexion. For the site of the place doliola see Platner-Ashby s.v.; see also Weinstock, ].R.S. 50 (1960), 113-14; Gage, Huit recherches, 195-6; Maule and Smith, Votive Religion at Caere, 41-43; Sordi 36-52. 40.7. flamen ... Quirinalis: the tradition was unanimous that the Flamen Quirinalis and the Vestals were responsible for the safeguarding of the sacra but it was a tradition which seems to have descended not in official cult or record but in the family of the Albinii. The father ofL. Sestius Quirinalis (cos. suff. in 23 B.C.) married an Albinia (Cicero, pro Sestio 6; see Syme, Class. Phil. 50 (1955), 135). That the Vestals should have escorted the sacra is natural enough. The sacra were housed in the penus of the temple of Vesta (D.H. 2. 66; Ovid, Trist. 3. I. 29)· It is the mention of the Flamen Quirinalis which is unexpected. The Flamen Dialis was admittedly debarred by the provision that he could not leave Rome for more than two nights (52. 13 n.). but the pontifex maximus, as in 241 (Ovid, Fasti 6. 437-54), or the rex sacrorum are more natural candidates. The only other occasion when the Flamen Quirinalis and the Vestals are linked together is the Consualia (Tertullian, de Specl. 5.7; cf. Varro, de Ling. Lat. 6. 21). The common significance may be that Consus is a god of storing and, therefore, the ftamen who attended his cult would be a proper person to attend the storing of the sacra. Furthermore, the Consualia are Sabine (I. 9. I n.) and Quirinus was the god of the Sabine community on the Quirinal before he was identified with Romulus (see n. on I. 16). Thus it was natural that the Flamen Quirinalis rather than any other priest should preside at the Consualia and, in turn, assist the Vestals in the preservation of the sacra. 40.8. despui: for taboos against spitting see Frazer, Golden Bough, 4 3. 196. ferunt :feruntur Ver. N, but the passive is less effective and vivid and Val. Max. (I. I. locum flamen Quirinalis virginesque Vestales sacra onere partito ferrent) seems to have read the active in his text of L. (Kohler). sublicio: I. 33. 6 n. 40. 9. L. Albinius: perhaps the consular tribune of 379 (6. 30. 2 M. Albinius and in Diod. 15. 5 I. I AeVKtOS' Aaf3LvtOS') The name is Etruscan, common at Pisaurum (Schulze 118-19). For the family as a whole see 2. 33. 2 n. de plebe [Romana] homo: Livian usage is constant in the phrase de plebe homo. If de plebe is qualified by an adj. it follows homo as at 3. 19· 9. humillimus homo de vestra plebe. If de plebe is unqualified it precedes, as 2. 36. 2 Latinio de plebe homini, 55. 4. Here de plebe precedes and must in consequence be unqualified. It is assumed that Albinius was a Roman.

vehens: habens (Ver., N) is impossible and sufficiently refuted by Val. Max., loco cit., who has vehens. Madvig's avehens accounts more satisfactorily for the corruption which occurs also at Plautus, Miles 93 8 ; Accius, fr. 370 R. 40. 10. publicos: the masc. can be retained. The Vestals were accompanied by the ftamen. se ac suos: in favour ofVer's omission of se it could be argued that L. Albinius was not explicitly stated to have been riding in the wagon himself. On the other hand se ac suos provides a perfect balance to the double sacerdotes sacraque and such haplographies are common in Ver. (cf. 3. 62. I, 5· 32. 4, 6. 6. 10).

5· 40·7-10

5.40 .9

41. The "Massacre qf the Senators A stirring tale which will have had its origin not in ritual but in the traditions of the gens Papiria. It may be true: generations later in a less critical situation Decius Mus was prepared to sacrifice himself. There are two facts, apart from the explicit mention of the carmen (41. 3), which point to the conclusion that the senators were deliberately offering their lives by devotio: the detail that the Gaul touched Papirius' beard (41. 9) and the observation that they had all held consular magistracies. The person who devoted himself had to be cum imperio (8. 10. I I ; Cicero, de Nat. Deorum 2. 10; 26. 10.9 shows that in times of crisis past holders of imperium could be re-invested with it, as was the case here) and did so clasping his chin (manu subter togam ad mentum exserta). By taking hold ofPapirius' beard the Gaul was interrupting the ritual gesture. As it is told by Livy the story has lost some of its precision by improvement. There was in fact only one triumphator who is likely to have been still alive (31. 4 n., L. Valerius) and the description of the doomed senators arrayed in their finery is connected with the custom of burying magistrates in their full robes of office (toga picta; cf. Vell. Pat. 2. 71; Polybius 6.53. 7; see Mommsen, Staatsrecht, I. 441 n. 2). Moreover, L. minimized the role of devotio (it is only given as a variant, sunt qui) and instead paints a secular picture of old men stoically awaiting their end. In this L., or rather his source, must have had in mind the famous example of Cn. Octavius in 87 (Appian, B.G. I. 71). For L. the whole tale is not a religious act but an example of Roman virtus. See Wissowa, Relzgion, 384; H. Wagenvoort, Roman Dynamism, 31-33; Gage, Huit recherches, 128 (for a theory of an ephebic ritual); Burck 127. 41. 2. aut: better ac Ver. No disjunction is intended between honores and virtus; for ac virtutis cf. 4. 33~ 5,7.32. 10,8. 13. 11,21. 49. 13, 22. 5. 2, 25. 23. I. augustissima: the toga picta, a purple, golden-embroidered toga, worn

5· 41.

2

390 B.C.

by triumphators and allegedly the traditional dress of the kings. See Ehlers, R.E. 'triumphus', cols. 504-5. tensas ducentibus: tensae are the wagons which carried the images of the gods to public spectacles. They were escorted in procession. medio aedium: the plain abl. for in medio is found elsewhere only in Virgil (Aeneid 3. 354, 7· 59, 563) and Vitruvius. L. uses in medio at I. 9. 5, 57. 9 &c. and in should probably be restored here too. eburneis: 4 I. 9. The adjectival form eburnus is not used by L. 41. 3. M. Folio: so given by Ver. N read Filio which was 'emended' to Fabio by 7T,\. The corruption was old since Plutarch calls him Fabius (Camillus 2 I. 3) unless he has confused him with K. Fabius Dorsuo (46. In.). Folius will be the consular tribune of 433 (4.25. 2 n.). carmen: for the formula ef. 8. 6. 13, 9. 8, 22. roo 2. OJliritibus Romanis is unusual and inaccurate but ef. 26. 2. I I. exercitibllS Romanis would be possible (cf. Macrobius 3. 9. ro ff.). 41. 4. contentione: continuatione Ver. but contentio is usual of fighting; cf. Cicero, Tusc. Disp. 5. 77; ad Fam. 3. roo 5; Hirtius, B.G. 8. 19. 2, 29. I; Amm. Marc. 24. 2. 13· arcemque solam: for the text see Housman on Manilius I. 779. 41. 5. agmine: in Ver. the following letters are preserved: ]rllm a .... e .. n .... i rWInt. See 3. 5 I. ro n. There is no mechanical explanation of the extra letters here so that it is possible that an adj. has fallen out in N. Ifso, ingenti fits best (cf. 6. 15. 2, 34. IO. I).]ung would read "rlitu patientia. 41. 8. dis: 'men most like to gods also in the dignity which their countenance and gravity of expression conveyed'. Cf. the very similar description in I. 7. 9. The picture may owe something to Herodotus' account of the Persian attempt on Delphi (8. 35-39; cf. also the Gallic assault on Delphi in Pausanias roo 23). 41. 9. ad eos velut ad: the second ad is unlikely to have been wrongly preserved by Ver. which is guilty of few, if any, dittographies of this kind. M. Papirius: in Plutarch (Camillus 22.6) he is reported as Ila7TE{pw<; Mavw<; and in Val. Max. 3. 2. 7 as M. Atilius. In both authors the name is probably corrupt, for, although the suggestion that he was entitled to a triumphator's baton is mere invention, he is likely to be M. Papirius Mugillanus (4· 45· 5)· 41. 10. nulli : notice the clipped phrases, blunt infinitives, and plain asyndeton with which L. rounds off the episode and introduces the sack of Rome (the Romae ti'\wat<; as Casaubon aptly called it). The effect is enhanced by the emphatic nlllli mortalillm (ef. 29. 25. 4) with the rare nulli for nemini and the weighty mortalium (I. 9. 8 n.). The infinitives are historic, not governed by dici:ur. exhaustis: sc. tectis.

390 B.C.

42-43. 5. The Occupation of Rome From tradition we pass to literary invention. L. describes the scene of destruction in conventional colours but gives it an original treatment by stressing not so much the events as the impression of the participants. It is seen first from the Gallic (sine ira, sine ardore; solitudine absterriti; cunctatio; venerabundi) and then from a Roman point of view (cladis spectaculo; jiexerunt animos). See Eichler, De consilio et arte in Titi Liviprima decade, 47; Burck 127. Notice the poetic reminiscences in the language (42. 4 n.). 42.3. concipere: 'the contrast is between a mental grasp' (= concipere) 'ofa quick series ofconfusing and frightening events (which is relatively difficult since it requires an intellectual effort and is not an essential quality in a soldier) and being able to stand fast' (= constare) 'against the assault of men's eyes and ears' (G. W. Williams, ].R.S. 45 (I955), 229). Lipsius's consipere, accepted by Bekker, Lorentz, Luterbacher, Rossbach, and others, is clearly wrong. 42.4. sonitusjiammae: ef. Virgil, Georg. 4. 409. Other expressions which occur in poetry and only here in L. in prose are ora et oculos (ef. Virgil, Aeneid I 2. 657), oculos jiectebant (ef. Virgil, Aeneid 4. 369, 6. 788; Ovid, Met. 7. 584), occidentis patriae (ef. Virgil, Aeneid 12. 828), arma ferrumque (42. 8; ef. Virgil, Aeneid roo ro, II. 218). 42. 6. noctem: N read inquietam rightly, since lux is the dawn and inquietus is used only to describe periods, not moments of time. In particular it is associated, as might be expected, with night; ef. Val. Max. 8. 14 ext. I; Tacitus, Annals I. 65. I; Seneca, de Clem. r. 9· 3. Note also roo 43. 12; Seneca, Epist. 56. 8; Augustine, Civ. Dei 22.22; Pliny, Epist. 6. 20. 2. The passage is discussed in C.Q. 9 (I959), 282.

43. 1. quoque: 39. I n. ultima: 'to make a final effort' ; ef. 2. 28. 9. 43. 5. obsideri: the passive can be retained; ef. 3. 5 r. 2. 43. 6-46. The Recall of Camillus The change of heart at Rome and the recall of Camillus from Ardea are one of the most daring fabrications in Roman history. While certain episodes of this section (e.g. 46. I n. Fabius Dorsuo; 46..7 n. Pontius Cominius) are rooted in tradition, and there may have been a popular legend even about Camillus, the exploits of Camillus are designed to save Roman reputation. The proofs can be stated simply. Polybius (2. 18. 2-6, 22. 5), based on Fabius Pictor, knows nothing of Camillus or of any intervention to rescue Rome. According to him the Romans bought the Gauls off. The earliest version of Pontius

72 7

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Cominius' adventure made no connexion with Camillus. Thirdly, C. is alleged to have been elected dictator by the people, despite the fact that there was at least one consular tribune in Rome, Q. Sulpicius, who could have named him dictator in the proper manner. Popular election to the dictatorship was a precedent established for the first time for Minucius in 217 and repeated by Sulla in 82 (Appian, B.C. r. 99). The story that Camillus was recalled by popular vote to the dictatorship can be no older than 217. It was evidently a fruitful field for constitutional speculation still in the age of Sulla, for the version in L., which derives from an author of that period, is complicated by legal niceties which seem to be specifically directed to the situation provoked by Sulla (46. I In.). The remaining episodes, the defeat of the Gauls by the Ardeates (43· 6-45· 3) and the defeat of the Etruscans by Roman refugees under Q. Caedicius (45. 4-8), are also inventions designed to heighten the tension and to build up a worthy scene for the return of Camillus. The two forces outside the city have redeemed their reputation and proved their worth. It remains for the inhabitants of Rome itself (notice 4 6 . I Romae interim) to do the same and the city will have purged its guilt and have deserved the favour of heaven. See Burck 128-30; and for the historical issues Mommsen, Rom. Forschungen, 2. 28 7-3 81 ; Bandel, Rom. Diktaturen, 34; Taubler, Klio 12 (1912), 224; Momigliano, C.Q.. 36 (1942), 113.

habits cr. Polybius 2. 17. 9. Equally conventional is the language; for 44. I condicionis meae oblitum cf. Seneca, Dial. 6. I I. 4; for quod quisque possit .. coriferre cf. Cicero, Brutus 99; for 44· 5 vagi ... palantur cr. Sallust, Jug. 18. 2; for ferarum ritu cr. 3. 47· 7 n.; for 44· 7 velut pecudes trucidandos cf. Sallust, Catil. 58. 2 I . But the tone is raised by a few characteristic touches. Notice the colourful phrases which give interest and stature to the personality of Camillus, e.g. 44. 3 decus ... pariendi found in Plautus, True. 5 I 7 and [Virgil], Catal. 9. 58 but not in prose before L.; for 44.6 rivos aquarum cf. Lucretius 2.30,5. 1393; Virgil, Eel. 5· 47,8.87; for somno vinctos (9· 30 .9) cf. Ovid, Met. I I. 238 (the phrase is not found earlier: Gries cites Cicero, Verr. 4. 90 religione ... vinctum as a prose parallel but the choice of word is determined by the pretended etymology of religio: see Stacey, Archivf Lat. Lex. 10 (1898),26; Gries, Constancy, 65-66). eguit: the conjecture, made first by Walker, is confirmed by Ver. which can be read .. uit. commune periculum: this, the word-order of Ver., is standard; cf. Cicero, Verr. r. 153; de Drat. 2. 209; Part. 44; ad Fam. 4· 15· 2, 6. r. 3; ad Att. I r. r. I; Caesar, B.G. r. 39. 4; Bell. Afr. 27. 2. There is no reason of emphasis or rhythm to depart from it here and to follow N. 44. 4. qui . .. adventant: Conway and Bayet accept the sole testimony of L and read adventant (with the collective sing. gens), punctuating with a full stop after pariendi. Earlier editors put the full stop after adventat, understanding the subject from hoste. The latter is clearly preferable. L. only uses advento (cf. 23. 43. 8, 25. 2r. I) and ejJuso agmine (cf. 2. 59. 8, IO. 14. 5, 42. 65. 2, 44. 39. 8) of an enemy army and not of more general groups such as races. Secondly, Latin recognizes an idiom by which a generalization about a country or people is expressed without further introduction by gens est: cf. Ovid, Fasti 5. 58 I gensfuit et campis et equis et tuta sagittis ; Met. IO. 33 I ; Cicero, Tusc. Disp. r. IOI ; Tacitus, Hist. 4. 15. r. 44. 5. palantur: Wakefield (on Lucretius 2. 10) preferred populantur but see 44. I n. 44. 7. haec omnia Galliam fieri: N's reading has been accepted by many scholars and defended by Dobree (Adv. Critica, 2. 16) but Ver. had a Gallis and no reputable support has been adduced for the construction of Galliam. With Ver.'s a Gallis,fieri by itself would not be intelligible and a further change is required (Jerri Frigell, auferri Zingerle, Burck). I would prefer to see the variation between Nand Ver. as a sign of deeper corruption. In 6. 40. 17 L. writes cum praeter Capitolium atque arcem omnia haec hostium erant which points to Gallorum (Cobet). Gallica would be less good .. arrna, frequentes: the punctuation, originally proposed by Allen

43. 6. ad . .. virtutem: to be taken with duxit. Camillus is seen throughout as the agent of destiny, the fatalis dux (cf. 43. 8). 44. 1. veteres amici: the speech is finely written without being strictly rhetorical in conception. It is probable from the appearance of a similar one in Plutarch (Camillus 23) that L. has expanded a speech which he found in his source. Such speeches before battles are a standard feature of Hellenistic histories. After justifying his presumption in speaking Camillus reveals the heaven-sent chance for vengeance offered by the Gauls and ends with a personal pledge that ifhe fails to win a resounding victory, he will accept the worst that lies in store for him. The allusion to novi cives in 44. I disregards the fact that, on L.'s own evidence, Ardea was a Roman colony. The sentiments and the language are commonplace: e.g. for the thought periculum cogit ... in medium conferre cf., for example, Thucydides 7. 64. 2 (Nicias). For 44. 3 nee enim ... sunt cr. Cicero, Laelius 71; for non recuso cf. 3. 68. 13. The denigration of the Gauls, akin to the Greek view of barbarians, is equally conventional; for their appearance cf. 37. 4 n.; for their drunkenness cf. Plato, Laws 637 d; Polybius 2. 19.4; for their nomadic disorganization cf. Polybius 2. 17. I I ; for their primitive

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1

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(Emendationes Livianae Alterae, (1867), 8), is a great improvement on the traditional, which put the adj. unnaturally at the end of the clause. Forfrequens sequor cf. Lucilius 1142 M. Ver. hasfrequentesque which is as good if not better. For the loss of -que cf. 3. 24. 5 n. Casaubon glosses 1TuvuVOtq..

of 2.49. 3-7, when the Fabii set out for Cremera, nor can any historical Fabius be shown to have had his house on the hill. There is, therefore, at first sight some temptation to accept the version given by Cassius Hemina (fr. 19 P.) that Fabius went to tend a cult of Vesta, but Cassius' obsessive interest in Vesta makes his version suspect (cf. frr. 7, 12, 32) and the probable connexion between Luperci Fabiani (I. 5.1-2 n.) and the Quirinal might confirm the association of that gens with the hill. For other gentile cults see Altheim, History of Roman Religion, 137-44; see also Otto, R.E., 'Faunus'; Wissowa, Religion, 559 ff. 46. 2. statum: from sistere, cf. 23· 35· 3· C. Fabius Dorsuo: the praenomen is given as C. by Livy here and at 52. 3. Val. Max. I. I. I I also calls him C. Dio, the only other author to cite the praenomen, calls him Kutuwv (fr. 24. 6) which is more pointed. The cognomen is also variously given: Dorsuo by L. here and for the consul of 345 (7. 28. I); Dorso by Cassius (L16puwv), by Fast. Hyd., and by ChI'. Pasch. for the consul of 345 and by Veil. Pat. I. 14. 7 for the consul of 273. Dorsuo is the better formation: it will describe some physical peculiarity about his back (cf. Sura). Cf. C.I.L. 14. 3236 (Praeneste) L. Samiari(os) M.j. Dosuo. Gabino cinctu: so Ver. No participle is required, cf. Sallust, Jug. 33. I. Editors have been led astray by 8. 9. 9, 10. 7. 3; Val. Max. I. I. I I Gabino ritu cinctus (cf. C.I.L. I I. 1420.25) but the text is sound. The Gabine dress was a method of wearing the toga which left the arms free and unimpeded. It was worn by celebrants on numerous religious occasions, e.g. at the Ambarvalia (Lucan I. 596) or at the opening of the temple of]anus (Virgil, Aeneid 7.612) but no common factor can be traced to explain its use. The ancients held that it was originally the dress worn for battle (Festus 251 L.; Servius, ad Aen. 7. 612) but this is no more than a guess from the tL~-m procinctus and from the ancient enmity with Gabii. It is more likely that itwas the traditional dress worn by Gabine priests which was taken over for certain Roman cults when Gabii merged with Rome at the end of the sixth century (I. 54. 10 n. ; see Mau, R.E., 'cinctus'). There may have been a special connexion between the original community and cults on the Quirinal and the cinctus Gabinus: cf. Virgil, Aeneid 7. 6 12 ipse Quirinali trabea

5· 44· 7

45. 1. aequis iniquisque: 'friend and foe alike believed' ; for the phrase cf. 2. 32. 7,44.4.6; Plautus, Amph. 173; Propertius 2. 3. 50; Seneca, Medea 195. corpora curant: 3. 2.10 n. primo silentio noctis: 7. 12. I. N's primae s. n. is not found. 45. 2. intuta: an historian's word (9. 41. I I ; elsewhere only in Sallust, Or. Phil. '7, and Tacitus, e.g. Hist. I. 33. 2 et al.). 45. 3. incursione . . .facta: Ver. has excursione ab oppidanisfacta, omitting in palatos. excursione is the choicer word (3. 38. 5, 24. 29. 4) and is more

apposite since we are concerned with the Antiate sally from their city rather than with the inroad on the Gauls. in palatos is a typical Nicomachean gloss introduced after exc. had been corrupted to inc. to explain the objective of the assault. The source of the corruption lies in incursiones facerent below. 45.4. quadringentensimum: 54. 5 n. invisitato, inaudito: ef. 4. 33. I, 5. 37. 2. The asyndeton of nearsynonyms is solemn (cf. 27. 43. 7, 40. 28. 2) and is here particularly appropriate since it is almost sacral and the words bear a special emphasis (G. W. Williams, ].R.S. 45 (1955), 228). 45. 6. miseratio: the play of emotions is conventional; ef. Sallust, Or. Lep. 5; Quintilian 4. 2. 112. 45. 7. Q. Caedicio: 32. 6-7 n. The personage is a throw-back from the third century; cf. the exploits of Q. Caedicius, trib. mil. in 258 (Cato fr. 83 P.). The story is modelled on the events of 212 when the soldiers in Spain appointed L. Marcius their general (25.37.6; see Mommsen, Staatsrecht, I. 692 n. I). Nothing else is known of Caedicius: for further speculations see Basanoff, Latomus 9 (1950) 13 ff. 45. 8. ad Salinas: the Salinae, or salt warehouses, were close to the Porta Trigemina (Plautus, Capt. 90; 24. 47. 15). Their sally would have brought the Romans based on Veii to the very outskirts of the city, but the detail is not credible.

cinctuque Gabino. terrorem: 'unmoved by shouts or threats'. 46. 3. religione: the superstition of the Gauls was proverbial; cf. Caesar, B.G. 6. 16. I. 46. 4. (numerus) etiam viresque: so Ver., instead of the simple etiam vires

46. 1-3. C. Fabius Dorsuo The legend of C. Fabius has its origin in cult. It is the story which accounted for a particular ritual procession conducted by the gens Fabia on the Quirinal. The connexion of the Fabii with the Quirinal is not otherwise attested, although it is presumed by the topography

ofN. The two nouns are wanted, and are found together at 25.27.8, 28. 16. 13. For similar omission in N cf. 4· 25· 4, 5. 53. I. ex Latio : the detail, if in any way it represents an authentic tradition,

73°

73 1

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390 B.C.

is interesting in that it tends to confirm the belief that in the earliest legend and in actual fact (37-38 n.) the Latins were associated with the Romans in the resistance to the Gauls. Such troops would not be voluntarii, as L. tendentiously assumes (notice the cynical in parte praedae essent; ef. 19. 5), but regular contingents as stipulated by the Latin treaty. Cf. 3. 4. ra n., 4. 29· 4, 51. 8.

in Capitolium: cf. 47. 2. In 6. 17. 4 the Gauls, following his route; are said to have climbed per Tarpeiam rupern. This is only rhetorical fancy and cannot be used to unseat the traditional location of the Tarpeian rock (H. Lyngby, Beitriige zur Topographie des ForumBoarium-Cebietes, 79-86). The popular misconception may have been encouraged by the belief that one of the guilty sentries who allowed the Gauls to ascend by the same path was punished de saxo (47. ra). 46. 10. revocatus: to be taken, as Wittman rightly observes, not with comitiis curiatis but with iussu populi. The comitia curiata were only concerned with questions of imperium, not with judicial matters. 46. 11. seu: the punctuation adopted in the O.C.T. creates an intolerable gap between seu and its main verb (lex lata est). It also removes a characteristic feature of L. 's style-the short sentence concluding an episode. I would punctuate with H. ]. Muller after habere but retain seu quod, understanding perduxere in the second member of the sentence. 'The ambassadors dispatched to Camillus at Ardea conducted him immediately to Veii or, as I am inclined to believe, after a delay caused by his refusal to leave until he heard news that the lex de imperio had been passed.' seu is guaranteed in this phrase by

46. 7-11. Pontius Cominius The later developments of the story of Pontius Cominius are easy to unravel. In Diodorus 14. I 16 (ef. Aul. Gell. 17. 2. 26) Pontius carried out his perilous journey merely in order to reopen communications between the besieged and the Roman army at Veii. There is no suggestion of negotiations with Camillus. These were added to the story later when Camillus was interpolated into the history as the saviour of Rome and it became necessary to devise some constitutional justification for his position. So much can be seen from the inconsistencies in the story as told by L. himself (cf. Plutarch, Camillus 25). For Pontius to have conveyed both the army's request for a leader and Camillus' rejoinder to the S.c. passed in his favour that he would not accept office unless specially enabled by the comitia curiata, he would have had to have made two journeys. It follows that the first stage in the elaboration of the story was that Pontius who hitherto had made a somewhat pointless expedition was now supposed by historians to have been the messenger responsible for the news of Camillus' vindication, recall, and election. The second stage was inspired by political doubts about the legality of such popular elections. It is tendentious. It should be compared with arguments about the constitutional position of the Fabii at Cremera (2. 48. ra n.) and may be attributed to Licinius Macer in revolt from Sulla's high-handed action in nominating himself dictator in 82. The genesis of the story is inscrutable. Pontius appears to be an Oscan praenomen = Quintus (Schulze 212). Cominius is taken by Schulze (ro8 n. 4; there are instances at Tarquinii and Capena) to be Etruscan but the cognomen of the consul of 50 I (2. 18. I n.) indicates rather an Oscan or southern Italian origin. The family is attested from an early time (8. 30. 6; ef. Val. Max. 6.1. II). We might speculate that it was an old family tradition among the Cominii but the Cominii were never important at Rome. The other extreme, that he is a mystical personification of the commentarii pontificum (Gage, Huit recherches, 37 n. 2), is less inviting. See further Mommsen, Rom. Forschungen, 2. 323-5; Klotz, Rh. Mus. 91 (1942), 268 fr. 46. 9. neglectum hostium custodia: 24. 46. 1. For the text see C. Q.. 9

(1959),27 8 .

8.3 0 .9. auspicia: 3. I. 4 n. lex curiata: it was a generally held belief in the last century of the Republic that a consul or other magistrate or pro-magistrate could not exercise imperium in the military sphere unless in addition to being popularly elected by the comitia centuriata and, if a pro-magistrate, allocated a province by the Senate, a lex de imperio was passed in his favour by the comitia curiata. This assembly, originally the assembly of the curiae or old families, survived in historical times only symbolically. The curiae were represented by lictors. Its competence was, however, maintained and championed as in the matter of the Rullan land-bill in 63 (Cicero, de Leg. Agr. 2. 20) or the governorship of Appius Claudius in 54 (ad Fam. 1. 9.25). The origin of its power is a matter for dispute but the lex de imperio must be a creation of the Republic not the Regal period. It may be hazarded that on the expulsion of the kings the formal investiture and delegation of power was assumed by the curiae, as the most ancient body in the community, but that with increasing democracy the practical selection of magistrates passed to the comitia centuriata, leaving only the formal aspects, such as the ius auspicii, to the c. curiata. For modern discussions of the problem see Latte, Nachr. Cotting. Ces. 1924, 63 ff.; Voci, Studi Albertario, 2. 73; Rubino, Untersuchungen, 367 ff.; Beseler, Zeit. Sav.-Stift· 57 (1937), 356; de Francisci, Primordia Civitatis, 577-84. Clear accounts may be found in Botsford, Roman Assemblies and in Staveley, Historia 5

(195 6),84-9 0 . 73 2

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390 B.C.

5· 47.

2

The story of Manlius and the geese is the authentic stuff of history. No modern scepticism can seriously shake its claims. Scholars have attempted to explain it away as a mere aetiological myth of the cognomen Capitolinus common among the Manlii. Others have seen it as an imitation of the abortive attack by Philip on Byzantium in 346 when the defenders were aroused by the barking ofdogs (Diodorus 16. 77. 2-3). But the original story carries more conviction. Only the rewards paid to Manlius savour of later antiquarianism (47. 8 n.). The one doubt attaches to the geese. Geese were not, so far as we know, sacred to Juno. They are not figured in her company on monuments and the only other notorious geese in Roman history are those sacrificed by Domitian to Mars (Martial 9. 3 I). But it is certain that on the Capitol there was an auguraculum, a place where divination was held ex tripudiis, by the manner in which birds treated their food. The birds were not specified (Cicero, de Div. 2. 73) although in later times hens were kept for the purpose, but there is some evidence to suggest that hens were only imported in the fourth century so that it is consistent to believe that initially geese were kept not as specifically sacred to Juno but for divination. The annual ceremonies described by Cicero (pro Sex. Roscio 56) were designed to perpetuate the memory of the event. Cf. Ovid. Met. 8.684; Columella 8. 13. It is of passing interest that according to a well-attested tradition Dumbarton Castle was saved on a famous occasion in the same manner-a security precaution imitated in more recent times by a Dumbarton whisky firm (Sunday Telegraph, 10 December 1962). See further I. Netusil, Woch. f Klass. Phil., 1897, 1073; Barbagallo, Riv. Fit. 40 (1912),411-37; Milnzer, R.E., 'Manlius (51)'. The telling of the story has been analysed by Walsh (Livy, 250-1) who demonstrates its underlying structure. The scene is set in a simple sentence (47. I), and rounded off by a simple sentence (47. 6). The story itself is told in two parts, first from the Gallic and then from the Roman point of view, each part being introduced by a complicated subordinate sentence (47. 2-3; 47· 4) and being intensified by short sentences describing the critical actions (47. 4 anseres ... abstinebatur; 47. 5)· The climax of the whole episode is put in historic presents (vadit ... deturbat) and finally historic infinitives (proturbare ... deJerri). Walsh might have added that as in other heroic episodes the language is deliberately heightened (47. 2 n., 3 n., 4 n., 5 n.), and makes an effective blend with the conventionally military idiom (47. 7 n.). 47. 2. ad Carmentis: I. 7. 8 n. saxo : in, found in M, is intrusive; aequus in does not occur, whereas

aequus adscensu orthe like is common in L. (Filgner, Lexicon s.v. 'aequus'). The true reading must be saxo adscensu aequo. See Shackleton Bailey on Propertius 4. 4· 83· sublustri: 'pale', only here in L.; elsewhere Virgil, Aeneid 9· 373: Horace, Odes 3. 27. 31; Val. Flacc. 3. 142-a traditional poetic epithet for night. in vicem : cr. 23. 38. 3 = inter se. For its usage cf. Frei, Thes. Ling. Lat. s.v. The rules suggested by Austin on Quintilian 12. 10. I are too schematic. 47. 3. animal: the generic singular in apposition to the plural canes can be paralleled by Ovid, Met. 15. 120. It is not found elsewhere in prose. 47.4. Iunonis: 4. 7. 12 n. crepitu: the word is unique in this sense. M. Manlius: 31. 2 n. ciens: only used in poetry of a call to arms (Catullus 68. 88 with Kroll's note; Virgil, Aeneid 6. 165, 10. 198; Sil. Ital. 7· 42). 47. 5. manibus: for this use of the plain abl. cr. Ovid, Amores I. 13· 39 and see Kenney, C.Q.8 (1958),57. 47. 7. laudatus donatusque: the terms and the use of ob are technical for the reward of military gallantry. ob is only found in Cicero in this phrase, which is evidently fossilized in formulae of citation. Cf. Plautus, Amph. 260, 534; Varro, de Ling. Lat. 5. 90; Cicero, Verr. 5. 110; in Pisonem 44; see K. Reissinger, Uber . .. ob und propter (Progr. Landau, 1897-1900). 47. 8. selibras: the precise figures are suspicious and can hardly have been preserved in the tradition. There was a familiar custom by which on New Year's Day clients gave presents, called strena, to their patrons, or friends to friends. In Republican times these gifts consisted of food and wine (Plautus, Stichus 461 ; for other references and a history of the later development of the custom see Nilsson, R.E., 'strena') and their origin was explained as rewards for prowess (strena a strenuitate; but cr. Festus 410 L.). 47. 9. more militari: the passage has been expounded by Daube (J.R.S. 31 (1941), 184). mos militaris refers to the general's right to punish a mutinous or incompetent army either by decimation or by total victimization (2. 59. I I n.). It does not specify the particular method of military execution. Q. Sulpicius, for whom see 36. I In., threatened to punish all the sentries but was deterred by the unanimous clamour of the soldiers who insisted that only one man was guilty. We cannot with certainty determine what offences were punished by hurling from the Tarpeian rock. The fate of the guilty sentry seems to have deceived L. (6. 17. 4) into believing that the ascent of the Capitol had also been made up the Tarpeian rock.

734

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390 B.C.

48-50. The Withdrawal of the Gauls Legend and fiction are again blended in the narrative of events which precedes Camillus' great speech and covers the withdrawal of the Gauls. In the welter of confused anecdotes the surest legend is the ransom paid to persuade the Gauls to leave. In its earliest form (Polybius 2. 18. 3) the Gauls heard news of an invasion by the Veneti in their rear and accordingly retreated home unharmed. There is no mention of Camillus, no mention of an avenging defeat. The ransom is assumed but not stated. A rival tradition, followed by Timaeus, which may well be true, held that the Gauls had been defeated and the ransom recovered, not by the Romans but by the Caeretans in Sabine country (Diodorus 14.117.7 EV Tip Tpavu{cp 7rEO{cp; Strabo 5.220). The first change was to substitute the Romans for the Caeretans, a change that may have been inspired by the Livii Drusi in the early third century (Suetonius, Tib. 3. 2). Later developments brought Camillus into the picture (Diodorus 14. 117; Servius, ad Aen. 6. 825; ef. Polybius 2. 22). The Romans entered into negotiations with the Gauls and paid the ransom, but as the Gauls were withdrawing northwards Camillus came up on them and recovered the gold in a decisive engagement. The site of the battle is disputed (49. 6 n.), Pisaurum according to Servius, OVECXUKWV according to Diodorus. The version followed by L. improves the tale still more. Plague forces the Gauls, not the Romans, to open negotiatiolls and Camillus arrives not after the ransom has been paid and the Gauls have departed but at the very climax of the scene. Two details enable us to fix the date of the source with precision. It must be before 52 B.C. (48.8 n.), and is likely to be related to the work ofQ. Claudius Quadrigarius (48. 8 n.). Other less reliable threads have been interwoven. Topographical speculation provided the legend of the busta Gallica (48. 3 n.) notwithstanding that the mention of pestilence and heat contradicted the traditional chronology which dated the Gallic occupation ofRome from July to February. Religious antiquarianism added the ludi Capitolini, (50. 4 n.), and the foundation of the temple ofAius Locutius (50. 5 n.). Above all, the curious story of bread being thrown to the hungry Gauls is a myth to explain the cult of Juppiter Pistol' (Val. Max. 7· 4· 3; Lactantius, Inst. 1.20·33; Ovid, Fasti6. 350 with Frazer's n. ; see Ehlers, R.E., 'pistol' (2)' : the altar was on the Capitol but in reality the cult may have been of a thunder-god (pinsere)). The same spirit of antiquarianism supplied the remaining details-the rewards paid to Caere (50. 3 n.) and the matrons (50. 7 n.). What was in historical truth a Roman humiliation has become for L. a Roman victory, a victory which more than counterbalances the clades Alliensis (49.5-6). He presents it in a highly dramatic fashion.

73 6

390 B.C.

The turning-point is the arrogant taunt-intoleranda Romanis vox, Vae victis-where alliteration and word-order combine to throw forceful emphasis on the moment. It marks the 7rEpL7rETHU. For at that juncture divine intervention brings Camillus on to the stage (49. I, ef. 49· 5) and L. stresses that the Romans have earned their reprieve by their piety. Hence after the defeat of the Gauls he devotes much space (50) to the honours and thanksgivings paid to the gods. Throughout L. is interested in the psychological background. The episode is treated as a unity, but is not distinguished by any striking effects oflanguage. Instead of suggesting by contrived language the world of the past, he seems rather to be concerned to bring out certain contemporary overtones (49.7 n.). See Burck 132-4; and on the historical aspects Munzer, R.E., 'Furius (44)', cols. 331-9; F. Altheim, Rh. Mus. 93 (1950), 275; J. Gage, Rev. Arch. 43 (1954), 141-76, with summary and bibliography of earlier discussions; Sordi 145-51. 48. 2. tumulos: evidently the hills of Rome. See 3. 7. 2 n. ferente: 'being a-swirl with ashes as well as dust whenever the slightest wind blew'. 48. 3. gens: the hardihood of the Gauls and the bleakness of their climate were conventional (Cicero, de Provo Com. 33; Caesar, B.G. r. 16. 2). angor, of physical pain, is found in Pliny, N.H. 8. roo and Amm. Marc. 17. 7. 6: it is inapposite here. Cornelissen conjectured languore, ef. 44. 33. ro. vulgatis: 2. 4r. 4 n. bustorum: 22. 14. I r. It is located by a Sullan inscription (C.I.L. 1 2 • 809 in [scal]eis [Can] inieis ab cleivo [irifi]mo busteis Galliceis versus [ad su]mmum cleivom). Presumably it lay at the foot of the Capitoline hill which the Scalae Caniniae ascended. The true origin of the name was unknown even to the ancients, for Varro (de Ling. Lat. 5. 157) gave a different explanation. It has been associated with the human sacrifice of Gauls (Gallus et Galla), in 226 and 217, in the Forum Boarium, while PlatnerAshby suggest that the tradition arose from the discovery of a prehistoric cemetery. Busta implies that the ashes of the cremated were interred on the spot and not, as is Roman practice, carefully collected for preservation. Such disregard was a characteristic of the Gauls remarked by Pausanias (ro. 2 I). Gage speculates in Hommages Grenier 2. 707 ff. 48. 5. L. Valerium: either Poplicola, the consular tribune of 394 (26. 2 n.), or Potitus, the consular tribune of 414 (4. 49. 7 n.). There is no means of deciding and the notice is in any case un historical (2. 18. 6 n.). Notice the involved sentence in which the humiliation of the Romans in being reduced to treat with the Gauls is explained and extenuated. 814439

737

3B

5.48 .5

390 B.C.

390 B.C.

stationibus vigiliis(que): the asyndeton is too harsh and vigiliis is hardly a gloss, since stationes refers to day-time guard-d~ty, vigiliae to night-watch (cf. 44. 33. 8-ra). 48. 8. Q. Sulpicium: Festus (5ra L. quod iniquis ponderibus ex(igi) a barbaris querente Ap. Claudio) suggests that in one version the chief role

Propertiana, 91 who cites Virgil, Aen. 1. 77; Ovid, Fasti 1. 532) and ulcisci is used passively under the influence of the preceding passive infinitives (elsewhere only in Ennius, Trag. 147 V.; Sallust, Jug. 31. 8

in the negotiations was taken by Ap. Claudius not Q. Sulpicius. It is legitimate to surmise that this was suppressed by Q. Claudius Quadrigarius, who substituted Q. Sulpicius because of the leading position which he enjoyed in the tradition and perhaps because of the cognomina Galba and Gallus employed by that gens. D.H. 13. 13 does not name the Roman: Plutarch and Zonaras give Sulpicius, from L. mille: so also Diodorus, Plutarch, and Zonaras. D.H., however, makes the total 25 talents = 2,000 pounds which was the sum found in 52 B.C. when Pompey instigated excavations in the solium of the temple of Juppiter Capitolinus (Pliny, N.H. 33. 14; Varro ap. Non. 338 L.). It follows that whereas D.H.'s source must be later than 52, L.'s must be earlier. 48. 9. gladius: Plutarch and D.H. say that Brennus added the 'wuT71P as well as his sword to the weights. Much ingenuity has been misspent in speculating on the significance both of Brennus' action and of his words (see, especially, Gage, Rev. Arch. loco cit.) but the simplest explanation is undoubtedly the right one. The Romans complained that the weights were dishonest. Brennus disdainfully claiming that justice is irrelevant between victor and vanquished (,Might is Right') hurls a sword, the emblem of justice, into the scales. For Justice and her sword see Deubner, Roscher's Lexicon, 'Personifikation', col. 2112. In consequence Camillus can retort with the very same argumentferro, non auro (49.3 n.; cf. Festus 5raL.). (vae victis, as Festus shows, was proverbial. Both Nand Ver. add an unwanted esse, probably by dittography. Rossbach would read victis. ecce, sed . . . '.)

49. 1. forte quadam: 1. 4. 4 n. 49.2. negat: the spirit of legalistic quibbling is characteristic ofSullan annalists. The dictatorship was held to put all other magistracies into suspension. 49. 3. iubet: notice the stirring tones in which Camillus is made to speak. ferro, non auro was evidently a famous saying for it is attributed by Ennius to Pyrrhus (Ann. 196 V.; see Momigliano, C.Q.36 (194 2 ), 113) and also used by Justin of the Aetolians (28. 2.4) and Mithridates (38. 4. 8). For arma aptare sc. corpori cf. Virgil, Aeneid 2. 672, I 1. 8 ; Seneca, Phaedra 533; Sil. Ital. 5. 131. In the same vein fas sit is used with a positive force 'it is a duty', rather than negatively 'it is permissible' (see Shackleton Bailey, 73 8

5.49.3

(speech ofMemmius); Val. Flacc. 4.753). The total effect is intended to emphasize Camillus' stature. 49. 6. Gabina via: 22. 14. I I. If the battle is un historical, the choice of site may have been determined by a corruption of the Caeretan tradition which knew of a defeat of the Gauls in Sabinis (Sordi 148-9). ductu auspicioque: 3. 1. 4 n. nuntius: 4. ra. 5; Hirtius, B.G. 8. 2 I. 3; Cicero, de Imp. Cn. Pomp. 25. Cf. the rhetorical hyperbole so graphically employed in Job 1. 49.7. inconditos: 3. 29. 5 n. The praises bestowed on him are ofinterest in that they reflect the official compliments of the late Republic which became the honorific titles of the emperors (see Alf6ldi's series of articles in Mus. Helv. 1952-4). Romulus, also applied to Cossus (4. 20. 2), recalls the ironic nicknames of Sulla, Cicero, and Caesar (Fordyce on Catullus 29. 5). parens patriae was first used loosely of Fabius Cunctator (Pliny, N.H. 22. ra) and formally of Cicero (in Pisonem 6 with Nisbet's note). Scipio Mricanus may have been the first to be acclaimed a Second Founder but it is significant that Ma1ius (Plutarch 27. 9) claims to be a Third Founder, thereby indicating that the tradition which made Camillus conditor alter was already current (cf. Manilius 1. 784 f.). But clearly all these terms, although first applied to Camillus by the Sullan annalists, had an equal relevance for L.'s audience. Augustus was not hailed pater patriae until 2 B.C. but the title had been in the air long before (Horace, Odes 1. 2. 50). Augustus was regarded as Father and Founder and Guardian (Syme, Roman Revolution, 520). Above all, he had toyed with the idea of taking the name Romulus and had only been dissuaded by the advice of his counsellors to abandon it in favour of Augustus (Dio 53. 16. 7). Thus although the tradition that Camillus was complimented in these terms may well be older than L., a Roman reader of the 20'S would be bound to feel their contemporary force. See L. R. Taylor, C.R. 32 (1918), 158-61; G. M. Hirst, A.J.P. 47 (1926), 347-57· 49.8. migrari: 51-54 n. 49. 9. relinqueret: 34. 51. 2, 35.6. 4. remitto (Ver.) IS not found III this phrase. 50.2. fana omnia: Mommsen argued that since not all the shrines were captured (e.g. the Capitoline temples, on the traditional account, were saved) L. could not have written 'because the enemy had occupiedfana omnia'. Hence he proposed quoad which has been generally accepted. But the implication of 49.3 (in conspectu habentesfana deum) 739

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390 B.C.

is that for rhetorical purposes Camillus regards the whole religious world of the Romans as in enemy hands. Furthermore quod is guaranteed by the succeeding sentences: cum Caeretibus hospitium publice fieret, quod ... recepissent ... ludi Capitolinifierent, quod Iuppiter ... tutatus esset. The quod-clauses do not correspond to the technical quod . .. verba fecerunt of S. C. and, indeed, there is no trace of official language in this passage. It is therefore inappropriate to turn the verbs into a solemn tricolon. L. and Ver. have independently been guilty of separate omissions. Read restituerentur terminarentur expiarenturque. per duumviros: 13. 5 n. 50. 3. hospitium: a variant tradition (Aul. Gell. 16. 13; Strabo 5. 220; L; (Aero) Horace, Epist. I. 6. 62) named the reward which the Caeretans received on this occasion as civitas sine suffragio. That status is, however, more probably a punishment imposed on Caere after her defeat in 353, as other sources say (7. 19. 6). For civitas sine suffragio, as an analysis of its character indicates (Badian, Foreign Clientelae, 15-20; but see Sordi 36-49), was a hurried expedient designed to remove the danger of an independent Caere without the necessity of destroying the city in the way that Veii had been destroyed. The former services of the Caeretans saved her from that. Hence a special category analogous to that of resident aliens (only permanent where the latter was temporary) was created and its members enrolled in so-called Tabulae Caeritum. They enjoyed the duties and privileges of Romans except for voting and holding office. The system enabled Rome to have direct control of Caere without being forced to a ruthless exercise of naked brutality. L.'s notice about hospitium, for which see 28. 5 n., is to be regarded as authentic. deum: deorum Ver., but deum is invariable where immortalium is added. 50. 4. ludi Capitolini: the origin of the games was evidently lost in obscurity since there are several distinct accounts-Tertullian (de Spect. 5) says they were founded by Romulus. The late Republican antiquarians, represented in Plutarch (Q;R. 53; cf. Romulus 25) and Festus (430 L.), attributed them to Camillus, as a celebration not of the deliverance of the Capitol but of the capture ofVeii in 396 (hence Sardi venales). The real origin was, therefore, lost. The attribution to Romulus merely illustrated that the Romans regarded the games as primeval. Their attribution to Camillus is inspired by the concept of Camillus as Second Founder, and their connexion with Veii or the Capitol represents two separate lines of speculation, the one investigating the strange ceremony of the old man ('the king ofVeii') led in procession, the other the name Capitolini. No confidence can, therefore, be placed in this notice (see Piganiol, Recherches, 80 fr. ; Habel, R.E., Suppl. 5, 'Ludi Capitolini'; Hubaux 299 fr.).

The games were held on the Ides of October. The collegium Capitolinorum is attested in republican and imperial times (ad Q..F. 2.5. 2 ; C.I.L. 14.2105) when it was closely associated with the college of Mercuriales (2. 27. 5 n.). 50. 5. Aio: 32. 6 n. 50.6. cellam: 3. 19.7, in the temple ofJuppiter a.M. on the Capitol. Ver. reads quo re for in quae, probably by accidental omission of in (ef. 40. 10) and anticipation of the succeeding re-ferri. Its reading should not, therefore, be preferred to N's. 50. 7. iam ante: Ver. substitutes antea which is never found at the start of a sentence without a correlative nunc (I. 2 I. 2, 2. 4· 5)· laudatio: 25. 8. Diodorus (14, I I 6) defines the honour paid to the matrons as the right J<j>' apfLclTwv oX€tuBat-the honour which L. attributes to their earlier contribution for the dedication to Delphi for which service Plutarch (Camillus 8), on the other hand, gives laudationes as the reward. There is, then, no firm tradition and the explanations ofthe two customs are to be regarded as mere aetiological speculation. The right of Roman matrons to ride in carriages was of long standing and was variously explained (Ovid, Fasti I. 617 fr.; Plutarch, Q..R. 56 with Rose's note) whereas fu.neral panegyrics of women were ofrecent date. Cicero (de Drat. 2.44) says that Q.Lutatius Catulus (cos. 102) was the first to deliver one, so that L.'s source here must be subsequent to Lutatius. If the honour paid to the matrons was popularly supposed to be connected with voluntary contributions, a connexion perhaps invented for propaganda purposes in the Punic Wars (cf. 26. 36. I I) to stimulate donations, and if the annalistic tradition had unearthed two possible occasions for such generosity, it became necessary that rewards should be found for both. In this way a pedigree for the laudationes could be invented. See Vollmer, Jahrb./ Klass. Phil., Suppl. 18 (1891),453-9, It is to be noted that the chief festival of the matrons, the Matronalia, was celebrated on I March, while the withdrawal of the Gauls from Rome was traditionally dated to I February (Plutarch, Camillus 30). 50.8. paratam: cf. Diodorus 14. 115 7ToAw ... 7TpOU<j>aTws v<j>' €aVTWV KaT€UK€VaufLtVTjv.

74°

74 1

5. 50. 2

5· 50. 4

51-54. The Speech of Camillus The proposed removal of the capital from Rome to Veii raises interesting questions. As are many other things associated with Camillus, it is reduplicated. In L. the proposal is raised after the sack of Veii (24. 5-1 I) and again now. Nothing helps us to decide when the tradition began. Its absence from Polybius need not be significant since he gives only the most attenuated account of the period. Even so, it is likely to be of recent origin. The proposal to send a colony to Veii

390 B.C.

390 B.C.

suggests Gracchus' proposal to recolonize Carthage (Junonia) in 122, so that the whole story may well have been unearthed as a discouraging precedent by the opponents of Gracchus. The developed version, the proposal to transplant the entire population to Veii and the abandonment of Rome as the capital of the Roman world, should be seen against the background of the Social Wars. The Italian confederates claimed their city, Corfinium, as the capital of Italy and renamed it Italia (Sydenham nos. 6 I 7-28, see Syme, Roman Revolution, 359 ff.). Rome had to reassert her authority both by military action and by propaganda. She seconded her success in arms by the diligent dissemination of the idea that Rome had a destined position as caput mum. The propaganda succeeded and the idea became conventional (Cicero, de Leg. Agr. 1. 18,2.86). In the minds of Romans of the late Republic the fortunes of Rome were associated with the continued existence of the city as the capital. Hence there was always a sinister undertone of rumour that the capital was to be transferred. We know of malicious gossip about Julius Caesar (Suetonius 79. 3). It was still a subject for joking in A.D. 64 after the Great Fire (Suetonius, Nero 39; see McGann, C.Q.. 7 (1957), 128 n. I). In the light ofthis prevailing suspicion we may ask how far Camillus' speech expresses L.'s own opinions on contemporary affairs or how far it is a mere rhetorical elaboration of a theme already given by his source or how far it is what L. thought appropriate for Camillus in that predicament to say. That much of it is derived from an earlier source is clear from the parallel speech in Plutarch (Camillus 3 I) where, however, it is addressed to the Senate (but cf. 50. 8 universo senatu prosequente). It is clear, too, that many of its sentiments are appropriate to the character of the pious Camillus (d. 51. 5, 6, 9, 10). It does not, however, follow from this, as Fraenkel argues, that the arguments used by Camillus, even if conventional, were not sincerely held by L. himself. The speech is not a mere reworking of material already employed by Claudius Quadrigarius. It is L.'s own work, designed to form a tail-piece to the first five books. Its formal construction and its debt to Cicero (p. 743) are symptomatic of the advanced technique which L. could deploy. Its contents recapitulate the contents of the whole book and highlight the great moments of the narrative which L. has already spread before us (e.g. 51. I = 46. IO, 51. 6 = 15,51. 7 = 32.6,52. 3 = 46 . 2,52. 8 = 17· 2, 52. IO = 23· 3, 52. I I = 31. 3, 53· 9 = 44· 5, 54· 5 = 33). A few interesting discrepancies of fact (52. 8 n., 16 n., 54. 5 n., 7 n.) prove that the speech was written by L. and deliberately placed at the end of the book both as a counterpoise to the speech of Claudius (5. 3-6) and as a conclusion to the whole volume. The message of the speech is simple. Not propaganda for the policies

of Augustus. L. was too young and too obscure. Not a personal confession of a religious faith. L. shared the cultured caution of his contemporaries. But an appeal for peace, for the defence of civilization as he knew it with its tradition and ceremony, its custom and grandeur, for concord and, above all, for the preservation of Rome. Only in so far as Augustus shared the same aims can the speech be said to be Augustan in outlook or in sympathy (54· 7 n.),. In style it is consciously Ciceronian. In just such terms Cicero might have reflected upon Rome on his return from exile. This is not to say that L. has borrowed directly from Cicero but merely that he has been well schooled in the same discipline. I add below a list of phrases which have parallels in Cicero: For 51. 1-2 contentiones . .. dimicatio cf. ad Fam. 2. 6. 5; for 51. 2 quoad vita suppetat cf. de Leg. Agr. 2. IOO; for 51. 8 terrarum orbi documento d. Verr. 4. 82; for 51. IO caeci avaritia cf. pro Q.uinctio 83; for 52. I ecquid sentitis cf. in Pis. 94; for e naujragiis emergentes (a common metaphor) cf. Or. Fr. B. 13. 6; for 52. 5 jorsitan aliquis dicat cf. pro Sulla 84; for 52. 6 ne . .. generatim ... percenseam cf. in Pis. 86; for 52. 8 quid . .. intersit cf. Verr. 5. 75 ;for 52.9 recordamini cf. Phil. 2. 28, 5. 2, 13· 5; for 53. I res ipsa cogit cf. de Leg. Agr. 3. IO; for incendiis ruinisque cf. pro Sestio 121 ; for 53. 2 stante incolumi urbe cf. in Catil. 2. 2; for 53. 4 gloriosa posteris cf. post Red. in Sen. 25; for turpis . .. gloriosa cf. de Fin. 2. 97; for 53. 5 hoc necessitatis imposuisse cf. pro Sulla 35; for 53· 7 seelera . .. dedecora cf. in Pis. 32; for 54. 3 natus educatusque (I. 29· 4) cf. Verr. 3· 60. Cf. also 51. 5 n., 52. 7 n., 54. 3 nn., 54· 6 n. Many ofthe arguments used are equally commonplace: in particular the comparison with the casa Romuli (53. 8 n.) and the concluding laudes Romae (54. 2-7). It is also significant to observe the clausulae which in this speech correspond more closely than elsewhere to the practice of Cicero. Cf. e.g. 52. 8 ff. See further the brief but thorough summary in Fraenkel, Horace, 268 n. I; and, among other recent works, Burck 134-6; Klingner, Livius; Ullmann, La Technique des discours, 63--65; Altheim, History ojRoman Religion, 420-2 ; Syrne, Roman Revolution, 305; Hubaux 74-88 ; Kajanto, God and Fate in Livy, 31-32.

i4 2

743

5.51-54

51. 1-2. Prooemium: principium a nostra persona The trope of the consolations of exile is fully developed by Cicero in the Tusculan Disputations (5. I07 ff.; cf. also ad Fam. 4· 4· 4, 7· 3· 4)· It was conventional to assert that no man could be in exile if he was among good men (de Fin. 5· 54)· 51. 1. contentiones: Vel'. inserts h(a)e but cf. 4· 59· 5, 3. 67· 4. hae would have no reference. si miliens: a conjecture first made by Ruddiman's friend MacKenzie.

5.51.

390 B.C.

390 B.C.

The readings of Ver. and N point to si mille senatus consultis (Otto) but the plural is awkwardly joined to the singular populi iussu and cannot be justified. For si miliens cf. Aug. c. Petil. 3. II. 12 si miliens (similans codd.) tantum talia ... dicat. 51. 2. perpulit: neither perculit nor pertulit is possible.

52. 2. inaugurato: I. 6. 4 n. 52. 3. quam par vestrum factum est: so the manuscripts. There is no expressed antecedent for quod . .. conspectum est and an ellipse is barely tolerable (Pettersson compares 5. Ig. 6, 26. 7, 6. 4. 5, but none is an exact parallel). Hence vestro (Gronovius; also Lallemand, Bayet), i.e. quam par vestrofacto idfactum est, but in such comparisons it is the term

I

KaTauTauLS': summa causae. 51. 3. repetimus: the present, given by both Ver. and N, is logically preferable to Frobenius's repetiimus. The first clause is concerned with a

continuing objective ('Why are we trying to win the city back?'), the second with a single specific action ('Why did we rescue her from the enemy's hands ?'). homines R077Ulni: for the unexpected addition of Romani cf. I. 5g. g,

42 . Ig. 4· tenuerint: Ver. adds et habitaverint, N habitaverint. Elsewhere in L. habito is used transitively only in the passive (I. 30. I, 43. 13, 44· 5, 21. 30. 7, 24· 3· 2, 26. 16. g, 27· 30. 3; cf. 5· 24. 8 n.) but there is no other proven case ofa gloss common to Ver. and N, so that habitaverint is unlikely to be one here (see Du Rieu, De Gente Fabia, 457; Rossbach, Phil. Woch.40 (lg20), 701). Tractatio 1: (a) religiosum 51. 4. positae traditaeque per manus: per 77Ulnus tradere 'to pass on from hand to hand' is proverbial; cf. Sallust, Jug. 63. 6; Cicero, ad Fam. 7· 5· 3; Seneca, Vito Beat. I. 4; Quintilian 12.4. 1 with Austin's note. For positae Ver. has the variant conditae, a much stronger word which is more effective in speaking of the simultaneous founding of the city and her cults (cf. Pliny, N.H. 28. 27 auguria condere). positae is a trivialization (cf. Cicero, de Leg. 2. 27; Tacitus, Hist. 5. 5)' See also next note. evidens numen: the religious language is continued. The expression is found on inscriptions (C.I.L. 14. 44) and cf. Apuleius, Met. 1 I. 13. 21. 51. 5. intuemini . .. invenietis: a rhetorical turn, cf. Columella 3. 8. I; Seneca, de Ben~l 3. 30. 2. prospera: Madvig and Pettersson retain N's prospere but the pair adversa-prospera is always exactly balanced (26. 37. 2, 28. 17. 8, 42. 15, 45· 8. 7). 51. 9. terra: the abl. not the dative (or locative) is found with celo; see Elsperger, Thes. Ling. Lat. S.V. 'celo', col. 768. 61-75. 51. 10. belli decus: I. 42. 5 n. (b) pium

52. 1. monumenta: of actions, cf. 26. 41. 1I, 37. 6. 6. ecquid sentitis: 3. 1 I. 12, 4. 3. 8. 744

5. 52. 2

which is to be unfavourably compared which is put in the nominative (28. 42. 20). 'Your action is hardly to be compared with the noble example of C. Fabius.' Gronovius proposed adding isti, Drakenborch followed by Reiz and Weissenborn ei, either before or after est, but the point would be made more forcefully and the corruption more readily explained by vestrumfactum (illifaeto) est. sollemne ... obiit: 'performed the rites', a religious term; cf. Cicero, de Leg. 2. Ig. 52. 6. in lovis epulo: 13. 6 n. ; Camillus lists all the age-old ceremonies which can only be performed in Rome itself, and which it would be sacrilege to abandon. The Fasti have the entry epulum lovis twice, under 13 November, during the later ludi plebeii, and under 13 September, the foundation-date of the Capitoline temple, in the middle of the ludi Romani (27. 36. g). The image of ]uppiter was displayed and offerings of food laid on a couch (pulvinar) before it. The ceremony, being part of the Romanus ritus, is of the greatest antiquity, as its intimate association with the foundation of the Capitoline temple might suggest. See Wissowa, Religion, 120 ff. 52. 7. Vestae: I. 20. 3 n. For the significance for the Augustan age of L.'s remarks about the aeterni ignes see Koch, Religio, 163-5. signo: the Palladium, a statue of an armed goddess, said to have been brought from Troy and to be preserved with other sacra in the shrine of the Vestals. About the antiquity of the tradition there can be no question, although there was much speculation as to how the statue reached Rome: according to some authors it was brought by Diomede (Cassius Hemina fro 7 P.), according to others by Aeneas himself (D. H. I. 6g). These doubts, coupled with the cloak of secrecy which excluded everyone except the pontijex 77Ulximus and the Vestals from the shrine, led certain ancient scholars to deny the existence of the Palladium (D.H. 2. 66; Plutarch, Camillus 20) but it was an essential part of Rome's claim to her Trojan past, as it was with other cities (Argos, Athens, Sparta). It is possible that the actual cult-image which existed in the late Republic and which is illustrated on the coins of Galba (Mattingly-Sydenham I. 206. 72) was a manufacture ofSulIan times, sent from Troy by C. Flavius Fimbria after his successful campaign against Mithridates in 85 (Servius, ad Aen. 2. 166; other texts in Greenidge and Clay, ed. Gray, 183-5). It would, however, be quite wrong to think that the Roman belief in the Palladium 745

390 B.C.

390 B.C.

only dated from that period too. It was much older, but L. is being anachronistic when he calls the Palladium a pignus imperii (26. 27. 14; Servius, loco cit. illic imperiumfore ubi et Palladium; Cicero, pro Scauro 48). Varro had recognized seven pignora quae imperium Romanum tenent ([Servius], ad Aen. 7. 188; see K. Gross, Neue Deutsche Forschungen I (1935), 32 fr.) but the concept is not as old as Camillus. Like the legend of the Sabine cow (1. 45. 2 n.) or of Olenus, it belongs at the very earliest to the propaganda of the third century when Rome was waking to her international responsibilities. See Ziehen, R.E., 'Palladion'; Bomer, Rom und Troia, 61 ff.; Austin on Virgo Aen. 2. 163. ancilibus: I. 20. 4 n. Mars . .. pater: I. 20. 4 n. 52. 8. Laviniique: 1. 14. 2 n. religiosum: 13. 8. 52. 10. memores: i.e. recent actions of the Romans in introducing new cults as and when divinely prescribed might suggest that they had not lost their old religious faith. dedicata: applied metonymically to the goddess, rather than her temple. The usage, which is only here in L., is found in Cicero, de Domo 110 and 136 and in Horace, Odes I. 3 I. I. 52. 12. sed ab: Ver.'s reading which gives the effective antithesis non voluntate ... sed metu is to be preferred to N's si ab which would have to be understood 'if we were restrained from quitting Rome only by fear and by enemy action'. 52. 13. quid tandem: Seyffert and Hertz, regarding quid tandem as a self-contained question (54. I; Cicero, Verr. 3. 180; de Domo 24) punctuated with a question-mark after tandem and took de sacerdotibus with the following sentence; but nonne must begin the new sentence and for quid tandem de cf. pro Sex. Roscio 118. noctem unam: is this a different prohibition from the familiar de lecto trinoctium continuum non decubat (Aui. Geli. ro. 15. 14; Plutarch, Q.R. 40 ; Tacitus, Annals 3. 71; see Wissowa, Religion, 505 n. 5) ? The editor responsible for the variant text in 7TA (see the O.C.T. apparatus) evidently thought not, for he wrote ultra trinoctum unam for noctem unam. And he was right, for we know no other evidence for regulations about leaving the pomerium rather than leaving his bed. The whole taboo, as Filhol has recently demonstrated (Hommages Ii L. Herrmann, 359-68, with bibliography), stems from the religious significance of the perfect marriage between the flamen Dialis and his wife and is therefore the model for the most primitive and rigorous type of marriage (by usus) which could only be broken by an interruption which in the Twelve Tables became canonized in law as the rule trinoctium abesse. L. is either ignorant or simplifying. For the Flamen Dialis see 1. 20. 1.

(c) legitimum 52.16. curiata: even by Camillus' time the comitia curiata was probably circumscribed in function to the passing of the lex de imperio. See 46. I I n. centuriata: the comitia centuriata was in origin the army on parade (1. 43. I nn.) and, therefore, met outside the pomerium (Aui. Geli. 15. 27. 4). Camillus' argument is therefore very weak if he is maintaining that the city of Rome, which is the one place in which the assembly could not meet, is the only place where the Romans could properly have assemblies.

5.52.7

5.52. 16

Tractatio II: (a) necessarium Camillus now turns to the positive arguments for remaining Rome.

III

53. 1. at enim ... posse: preserved only by Ver. 53. 3. vos: 'you believe that even if the emigration was inadvisable then, it is inescapable now; I, on the contrary-and do not be surprised till you understand my meaning-am convinced that even if it was right to consider going while Rome still stood, to abandon her ruins now would be grievously wrong'. incolumi [total urbe: Ver. omits tota rightly; cf. 3. 47. 2.

(b) gloriosum 53. 8. casa: there were two straw huts with thatched roofs called casae Romuli, one on the south-west corner of the Palatine and one, referred to here, on the Capitol (Virgil, Aeneid 8. 654; D.H. I. 79; Plutarch, Romulus 20; Dio 48. 43, 54. 29; Vitruvius 2. I. 5; Seneca, Contr. 2. I. 5); venerated relics of the old village communities, they were jealously preserved and were restored in the traditional style whenever damaged. Their great antiquity is shown by their resemblance to primitive hut-urns. The contrast between primitive simplicity as symbolized in the casa Romuli and decadent civilization was a rhetorical trope in vogue in the last years of the Republic and in' the early Empire (cf. Seneca, loco cit.) and the sentimental appeal to rustic virtues was an all-too-familiar theme (Cicero, de Rep. 2. 2-4; cf., e.g., Propertius 4. I ; Ovid, Fasti I. 199 ff.; Virgil's Georgics of course appeals to the same spirit of escapism). See Platner-Ashby s.v. 'Casa Romuli' ; A. Boethius, The Golden House of Nero, 15 ff. 53. 9. maiores: 2. I. 4 n. silvas paludesque: the hills of Rome were wooded in prehistoric times and the intervening ground required the cloacae to drain it before it became habitable. But for the Romans this picture of woods and swamps was doubtless a mere inference from surviving names-e.g. 747

390 B.C.

390 B.C.

the asylum inter duos lucos (I. 8. 5 n.) and the lucus Petelinus (6. 20. I I ff.) or the Caprae palus (I. 16. I n.) and the Lacus Curtius (I. 13. 5 n.). C,apitolio (atque) arce: the standard phrase (Wesenberg; see Fiigner, LexIcon, 1345. 26-36). Capitolium arc (em) que is occasionally found (2·49·7,6. 14.4, 15. I I, 16.2); Capitolium, arx never.

5· 53· 9

naturally qualify locum and not mare (cf. Cicero, Verr. I. 93 exposita ad praedandum Pamphylia; Mela 2. 76; Tacitus, Histories I. I I. 3). (2) As in the O.C.T., saluberrimos . .. accipiantur is a parenthesis explaining locum, mari (Bauer, Alschefski) vicinum nec expositum agrees with locum, as also does regionum Italiae medium 'a place close to the sea but not dangerously close, and situated in the middle of the regions of Italy'. Against this second interpretation it may be urged that regionum Italiae medium is not Latin (what are the regiones ltaliae?) and that the parenthesis is awkward and artificial: having started a list of advantages we expect it to be continued. expositum may with equal propriety be applied to mare (cr. Seneca, Dial. 12. 9. 7 in omnes tempestates expo mari; Mela 3. 39) and for the force of medium cf. 10. 2. 15. On balance, therefore, the first alternative is preferable. 54. 5. trecentensimus sexagensimus quintus: the number has mystical rather than chronological significance. Elsewhere L. mentions 360 (40. I) and 400 years (45. 4) but both are only round numbers. According to the chronology used in 4. 7. I and the number of intervening magistrate years, the date ought to be 364, as was given by Varro and other chronographers (D.H. I. 74; Pliny, NoH. 53. 16). Bayet (tome 5. 104-7) believes that L. has borrowed the figure of 365 from a separate work which gave a long chronology (245 years for the kings, 120 for the libera civitas) but in a rhetorical speech such chronological nicety is out of place. We know that in A.D. 398 a substantial body of opinion believed that a great cycle in the history of Rome was drawing to an end in the 365th year after the Crucifixion (Augustine, de Civ. Dei 18. 53; Claudian, Inv. c. Eutrop. I. 1-7, 2. I ff.) and in their foreboding recalled Camillus (Claudian, Bellum Geticum 430 ff. ; Elog. Stil. 2. 390 ff.). It is, then, likely that in dating the capture of Rome to A.V.C. 365, L. is here influenced by the superstitious concept of a magnus annus, the period that is made up of as many years as a year is of days. Until Julius Caesar the Roman calendar recognized years of 355 (or with intercalation 377/8) days but the true length of the solar year of 365 days was certainly realized (Censorinus, de Die Natali 19) and only conservative prejudice prevented it being adopted for the calendar. The mystical number 365 was probably but not necessarily an innovation by L. himself. See Hubaux 60-88. cum: 'yet not to speak of single enemies-not the united strength of the powerful townships of the Aequi and Volsci, not the combined might of the armies and navies of Etruria, whose vast domains occupy the breadth ofItaly from sea to sea, has ever been a match for you in war' (de Selincourt).

(c) commodum et utile Camillus moves to his conclusion with a powerful eulogy of the natural advantages of the site of Rome. Such eulogies were a common feature of Greek rhetoric. In very similar terms Xenophon celebrates Athens (Vectigalia I), praising her climate, her soil, her strategic position as a centre of trade whether by land or sea. The same points are made by Ephorus about Boeotia (Strabo 9.400). L. might therefore have been expected to include such arguments here but his immediate model is perhaps closer at hand. Much of Camillus' nostalgia echoes Cicero's laments (ad Fam. 2. 11. I, 12. 2, 13. 3) and Cicero wrote in his de Republica (2. 5 ff.) an eloquent tribute to Rome's natural situation. So close are the resemblances in detail between Cicero's and Camillus' words that it is difficult not to believe that Cicero has directly inspired L.

54. 1. quid tandem?: introducing the new section. aut ... -ve: 1. 18. 3n. 54.2. matrem: 1. 56. 12 n. superficie: a variation of the commonplace aIJope, yap 7TOAt,. Cf. Tacitus, Hist. I. 84. superficies is the structure as a whole and is merely further defined by tignis: they are not two separate building materials, c£ Dig. 41. 3· 23 cum aedes ex duabus rebus constant, ex solo et superficie. 54. 3. equidemfatebor: must be taken together and not separated as in the 0.c.T.; c£, e.g., Tacitus, Dial. 21. 1. It follows that a strong stop, a colon, must be put after iuvat. Camillus is prefacing his avowed nostalgia for Rome. 'I will make a confession to you, although to do so involves painful memories.' He then proceeds to qualify this by saying 'it is my intention merely to recall my own suffering and not to blame you for causing it'. The received text is lucidly vindicated against change by G. W. Williams, ].R.S. 45 (1955),228. colles campique: cr. Sallust, ]ugurtha 50. 6. macerent desiderio: cr. Aframus fro 352 R. 54.4. vicinum : the structure ofthe sentence is not immediately apparent. (I) colles, jlumen introduce a list of advantages in apposition to locum and strictly governed by elegerunt, in which event the list will be continued by mare (so N) vicinum and regionem Italiae mediam (Madvig), and be rounded off with the restatement (locum elegerunt) ad incrementum urbis natum unice locum. Against this it must be urged that expositum should 74 8

5· 54· 4

Conclusio: amplificatio 54. 6. quae, malum, ratio: Hubaux comments that Camillus speaks 749

5. 54. 6

390 B.C.

'comme un bourgeois dans une comedie de Plaute' but malum with a question is a form of emphatic protestation famiiiar from Cicero ~nd h~s not~ing bourgeois about it. C£, e.g., Scaur. 45 quae, malum, est zsta ratIO; Phzl. 10. 18. expertis alia experiri: the sense is clear: 'Why do you want to try your ~uck elsewhere when you have had such good fortune here?' A word IS needed to balance alia and cannot be supplied from the context (Verdiere). haec (Clericus), illa (Seyffert), ista (Novak) have all been proposed and supported but talia (Seyffert) both palaeographically and on grounds of sense is far superior. See also G. W. Williams, J.R.S·45 (1955), 228. 54. 7. Capitolinum: I. 55. 5 n. . liberaretur: sc. from all religious encumbrances, such as evil associatrons. The ten?- is technical, with a special legal flavour (ef. Cicero, V:rr. 2. 7.6 ; Dz~. 18. 1, 41), and in religious contexts is often linked wIth.effarz (ef. ?Icero, de Har. Resp. 12; [Servius], ad Aen. 1, 446 ). For detaIls see Wemstock, Mitt. Deutsch. Arch. Inst. (R. Abt.), 47 (193 2 ),

390 B.C.

5.55

55. The Rebuilding if Rome The contradictio~ between the jumbled disorder which the city of Rome presented m the first century B.C. and the logical pattern de-

manded by the augurallay-out traditionally ascribed to Romulus and inherent in the term Roma Quadrata as it was understood caused much perplexity. Rationally the Romans expected their city to be planned like a templum. Hence the legend, which L. omits, that Romulus' lituus was found in the ruins (Cicero, de Div. I. 30; Plutarch, Camillus 32). In fact they found chaos which they explained as the result of the haste with which the old city was rebuilt after the Gallic fire (Tacitus, Annals 15.43). The explanation is almost certainly false. Axial town-planning was derived not from the Etruscan templum but from Greek theories and was introduced into Italy no earlier than the fifth century. The disorder so evident in Rome was the result not of haste but of unplanned, piecemeal development over centuries as in any Tuscan hill-town. Much of the city was burnt and much rebuilt. So much is clear archaeologically. A stratum of broken rooftiles with carbonized wood and clay has been identified in the Comitium area, where the old curia Hostilia stood, and can be dated to the beginning of the fourth century. To the same period must belong the cappellaccio pavement, which was laid over the Forum, and various cappellaccio runnels which lead from it. But the fire was not general and the work was one of repair rather than reconstruction. The tradition that Rome was burnt and rebuilt is in outline sound but it was used to account for two later phenomena. After the Pyrrhic Wars wooden tiling seems to have been forbidden in Rome because of the fire hazard from cinders (Pliny, N.H. 16.36). The authorities may have subsidized the transition. In later times the state was known to have provided the roofing material for a private building (Dessau, I.L.S. 5588) and it is reasonable that it should have contributed towards the cost of such an expensive change as that from shingle to tile. If so, it was natural to suppose that the state would also have helped on an earlier occasion when much of Rome had to be re-roofed. Secondly, the close resemblance of 55. 3 (n.) to the provisions laid down in colony laws indicates that here again a later institution has provided historians with an earlier precedent. The surviving examples of such laws date from post-Sullan times but the formulae for such documents are conventional and likely to be of long standing. The terms of Gracchus' law founding Junonia would not have been substantially different and there were doubtless even earlier models. It would be wrong to see specifically Sullan or Caesarian overtones here. See Jordan, Topographie, I. 434 n. 5; Mommsen, Rom. Forschungen, 2.330-2; van Deman, J.R.S. 12 (1922), 1-31; Castagnoli,Ippodamo di Mileto, 67-73; Blake, Ancient Roman Construction, 122 ff.; Bodhius, Golden House if Nero, 33 ff.

75°

75 1

I I I).

Iuventas: in 1. 55· 3-4 (n.) only Terminus is mentioned and in all the ~ther early sources it is only Terminus who figures (Cato fr. 24 P. ; ServlUs,. ad Aen. 9· 44 6 ; Ovid,. Fasti 2.. 669 ~.; c£ also D.H. 3. 69; LactantlUs, Inst. I. 20; Augustme, de Cwo Dez 5. 2 I). The addition of Iuventas seems to have been an antiquarian conjecture by Varro (D.H. 3· 69) based on his observation that her shrine was within the cella of Minerva in the temple of Capitoline Juppiter. L. himself, rather than any source, is responsible for their joint inclusion here because in the 20'S Augustus, perhaps with one eye on the possibilit; of a new magnus annus d~e to end in. 23 B.C., was concerned to develop the cult of Iuventas, whIch symbolIzed an optimistic faith in the new age. to dawn. The festival of Iuventas was On 18 October, the day on whIch August~s assumed the toga virilis (C.I.L. 10.8375; c£ Res Gestae 19)· The cult ltse~f was ol?, although subsequently influenced by the Greek Hebe, partrcularly m the Second Punic War (a lectisternium for H:rcules an~ Iuventas was held in 218 (21. 62. 9) and a temple in the CIrcu~ MaxIm~s was vowed to her in 207 (36. 36. 5-6 )). See Kroll, R.e,.,. Iuven~as ; Lambrechts, Ant. Class. 17 (1948), 355-7 1 ; Latte, RelzglOnsgeschzchte, 256 n. I. di:. the monos~llable, ~eld back to the end and separated from its predIcate by the mtervenmg abl. abs., effectively epitomizes the spirit of the whole speech.

j.

55.

]90 B.C.

I

55. 1. opportune emissa: missa Ver. but emittere vocem is standard, cr. 51. 7 et at. Ver. wrongly omits initial e at 3.63.6. Hostilia: 1. 30. 2 n. It probably perished in the fire; see above. 55. 2. accipere se omen: Plutarch, with a biographer's licence, attributes the words not to a passing centurion but to Camillus himself. It was a form of divination to pick up a chance word or remark and to accept it in a sense other than that intended by the speaker who casually uttered it. Such remarks, in Greek KA7JSOV€S, were held once accepted to be irrecoverable. See the discussion by Fraenkel on Aeschylus, Agamemnon 1653 and the examples collected by Riess, R.E., 'omen' and Pease on Cicero, de Div. 1. !O3. 55. 3. tegula: cf. Diod. 14. II6 S7JfLOaias K€pafLiSas €XOP7JYovv at fL€XP~ TOV vvv 7ToA~TLKaL KaAovvTa~. An inscription from Sparta speaks of 7TA{veot SafLoa~a~ (I.G. 5 (1) 880), but allusions to tegulae publicae are lacking. materiae caedendae (21. 27. 5, 45. 29. 14) is also official language ; cf. Cato, de Re Rust. 37.5; Caesar, B.G. 3. 29. 1; B.C. 1.36.5; Ulpian, Dig. 19. 1. 17.6. praedibus ... perfecturos: for these terms cf. Lex Urson. 75 (= I.L.S. 6087; 44 B.C.) ne quis in oppido aedificium ... disturbato nisi si praedes 11 vir(um) arbitratu dederit se reraedificaturum; Lex Malac. 62 (= I.L.S.6089) ; Lex Munic. Tarent. (= I.L.S. 6086: after 87 B.C.). 55.4. dirigendi: derigendi (Zingerle) is perhaps the better form for this meaning. Cf. the distinction drawn by Isidore, Diff. 1. 153 derigimus quae curva sunt, dirigimus cum aliquo tendimus. The facts are assembled by Dittmann, Thes. Ling. Lat., 'dirigo'. 55. 5. ut: hardly right, for causa ut is always used with a sense of purpose (6. 31. 7, 33. 1. 5): 'the reason for the delay was so that the enemy should be drawn into battle'. No purpose is intended here. Perizonius read quod; Harant more simply perferred cur; cf. 7. 9. 2 and further references in Thes. Ling. Lat., 'caussa', coll. 675-7.

CORRIGENDUM p. 83, line

22.

For Romulus' read Remus'

INDEX I

PERSONS L. Accius, 218. P. Accoleius Lariscolus, 50, 182. M. Acutius, 646. Postumus Aebutius Cornicen (cos. 442 B.C.), 549. L. Aebutius Helva (cos. 463 B.C.), 404. M. Aebutius Helva, 549. T. Aebutius Helva (cos. 499 B.C.), 284, 286. P. Aelius (quaestor 409 B.C.), 616. Sex. Aelius Paetus, 449. L. Aelius Tubero, 16. Q. Aelius Tubero, 16-17. Q. Aelius Tubero (cos. I I B.C.), 16. Mam. Aemilius (mil. trib. 438 B.C.), 557, 573, 588 . C. Aemilius Mamercinus (mil. tr. 394 B.c.),686. L. Aemilius Mamercinus (mil. tr. 389 B.c.),697· M'. Aemilius Mamercinus (cos. 410 B.C.), 61 4· M. Aemilius Mamercinus (mil. tr. 391 B.c.),697· Ti. Aemilius Mamercus (cos. 470 B.C.), 386 . Aeneas, 33, 39-40, 579, 628, 67 1. Agamemnon, 579. AgJippa (Silvius), 45. M. AgJippa (aed. 33 B.C.), 214. L. Albinius, 723, 724. L. Albinius Paterculus, 311, 313. Alexander Polyhistor, 44. L. Alienus, 448. Allodius, 66o. Ambigatus, 708. Amulius, 660. Annii,3 2 7· T. Annius, 327. Antalcidas, peace of, 629. Antenor, 36. L. Antestius Gragulus, 596. Ti. Antistius (tr. pI. 422 B.C.), 596, 600-1. M. Antonius Creticus, 412. T. Antonius Merenda, 462. C. Apronius (tr. pI. 449 B.C.), 496. L. Ap(p)uleius, 699. L. Apuleius Saturninus (tr. pI. 103 B.c.),699· Aquilii, 242, 243. C. Aquillius Gallus, 242. Aristodemus, 291, 321. 814439

75 2

3C

Ascanius, 42. M. Asellius (tr. pI. 422 B.C.), 596. C. Asinius Pollio, 3. A. Aternius, 447-8, 521,648. A. Atilius Calatinus (cos. 258 B.C.), 103. L. Atilius Priscus (mil. tr. 399 B.G.), 654· Atys Silvius, 44. Aucno,703· Augustus, 2 If., 563-4, 676, 680, 684, 739, 743, 75°· Bellovesus, 709. Brennus, 719. Cacus, 55-58. Caedicii, 370. L. Caedicius, 370. M. Caedicius, 698. Q. Caedicius, 730. L. Calpurnius Piso (cos. 133 B.C.), 125, 21 3. C. Calvius Cicero, 448. C. Canuleius, 527 If., 529. M. Canuleius (tr. pI. 420 B.C.), 600. Capetus (Silvius), 44. Capys, 591. Capys Silvius, 44, 591. Sp. Carvilius, 670, 698. Sp. Carvilius (tr. pI. 212 B.C.). 698. Sp. Carvilius Maximus (cos. 234 B.C.), 48 1. - Cassius, 2 I 9. L. Cassius Caeicianus (mon. c. 93 B.C.), 278, 343. Sp. Cassius Vecellinus, 277-8, 293, 294, 296, 317-18 (treaty), 3 19 (treaty), 337-9, 343-5· Claudia gens, 273-4; relations with Valerii, 376-7; with Laetorii, 377. Claudius, emperor: his debt to Livy, 533, 537, 63 I. M. Claudius, 479. Ap. Claudius Caecus, 535. Ap. Claudius Crassus (mil. tr. 403 B.C.), 6°7, 631, 634, 673, 738. Ap. Claudius Inregillensis (cos. 471 B.C.), 376, 476-89,5°3-4. C. Claudius Inregillensis (cos. 460 B.C.), 423, 508. Q. Claudius Quadrigarius, 736, 738. Attius Clausus (Appius Claudius), 274. 29 1 •

754

INDEX I

Cloelia, 267 If.; ? statue of, 268. Cloelia gens, 123. Gracchus Cloelius, 439. Aequus Cluilius, 439, 548. Tullus Cluilius (Cloelius), 559. T. Cluilius Siculus (trib. mil. 444 B.C.), 542. Cominia gens, 279. Pontius Cominius, 732. Postumius Cominius, 279, 327. Considia gens, 369. Q. Considius, 368~9. M'. Cordius Rufus (mon. 46 B.C.), 286. A. Cornelius (quaestor 459 B.C.), 437. Cn. Cornelius Blasio (mon. c. 107 B.C.), 253. A. Cornelius Cossus (cos. 428 B.C.), 557 If., 563-4, 604· A. Cornelius Cossus (cos. 413 B.C.), 61 I, 61 7. Cn. Cornelius Cossus (mil. tr. 414 B.C.), 61 7· Cn. Cornelius Cossus (mil. tr. 407 B.C.), 621, 652. P. Cornelius Cossus (mil. tr. 408 B.C.), 61 7. P. Cornelius Cossus (mil. tr. 415 B.C.), 608, 61 7. P. Cornelius Cossus (mil. tr. 395 B.C.), 682,686. L. Cornelius Maluginensis (cos. 459 B.C.), 433-4, 617, 618. M. Cornelius Maluginensis (decemvir 450 B.C.), 462, 617. M. Cornelius Maluginensis (censor sulf. ?393 B.C.), 696. P. Cornelius Maluginensis (mil. tr. 397 B.C.), 671, 686, 691. Ser. Cornelius Maluginensis (cos. 485 B.C·),437· P. ('..ornelius Scipio (mag. eq. 396 B.C.), 67 1,686. P. Cornelius Scipio Aemilianus (cos. 147 B.C.), 555, 55 6 . Curiatii, 109, 123,45°. C. Curiatius (tr. pI. 138 B.C.), 649. P. Curiatius (tr. pI. 401 B.C.), 649. C. Curiatius Philo (cos. 445 B.C.), 528-9. P. Curiatius Trigeminus (cos. 453 B.C.), 450. M. Curtius, 76. Mettius Curtius, 76. C. Curtius Philo (? cos. 445 B.C.), 76, 5 2 9. L. Decius (tr. pI. 415 B.C.), 609. Deldo,563· Demaratus, 141. Diomede, 579. Dionysius I of Syracuse, 614, 629.

PERSONS

K. Duilius (?decemvir 450 B.C.), 461. M. Duilius (tr. pI. 470 B.C.), 382, 461. Cn. Duilius Longus (mil. tr. 399 D.C.), 654· Egerii, 154. Elitovius,7 14· Evander, 52, 56, 59· Fabia gens, 294, 33 8 , 346, 355, 359 If., 45 1, 716, 730-1. Cn. Fabius Ambustus (mil. tr. 406 B.C.), 621, 717. K. Fabius Ambustus (mil. tr. 404 B.C.), 62 4,7 17. M. Fabius Ambustus, 716. Q.Fabius Ambustus (mil. tr. 390 B.C.),

7 1 7.

C. Fabius Dorsuo, 730 If. Q. Fabius Pictor, 178,716. Cn. Fabius Vibulanus (cos. 42 I B.C.), 597-8. K. Fabius Vibulanus (cos. 485 B.C.), 362 . Q. Fabius Vibulanus (cos. 467 B.C.), 391-2, 41 I. Q. Fabius Vibulanus (mil. tr. 416 B.C.), 606, 610, 613. Faustulus, 49. Cn. Flavius, 535. M. Flavoleius, 355. M. Folius Flaccinator (mil. tr. 433 B.C.), 573, 604, 726. Mettius Fufetius, 107, I 17-20. C. Fulcinius, 559. Furius, also spelled Fusius, 398. M. Furius Camillus, 626, 630, 631, 672, 673, 678, 686, 693, 727-8, 732, 739; Scipionic overtones, 670, 67 I, 677, 679; trial of, 698 If. Agrippa Furius Fusus (cos. 446 B.C.), 5 16 . M. Furius Fusus (mil. tr. 403 B.C.), 631. Agrippa Furius Medullinus (mil. tr. 391 B.C.), 697. L. Furius Medullinus (cos. 432 B.C.), 581,600,61 I. L. Furius Medullinus (cos. 413 B.C.), 6Il,652-3· P. Furius Medullinus (cos. 472), 401. Sp. (01' L.) Furius Medullinus (mil. tr. 400 B.C.), 652. C. Furius Pacilus (cos. 412 B.C.), 613. Q. Furius Pacilus (cos. 441 D.C.), 494, 551. L. Furius Philus (cos. 136 B.C.), 674. Gegania gens, 123. M. Geganius Macerinus B.C·),5 16 .

(cos.

447

Proculus Geganius Macerinus (cos. 440 B.C.), 552. T. Geganius Macerinus (cos. 492 B.C.), 256. Genucia gens, 369, 456-7. Cn. Genucius (tr. pI. 473 B.C.), 372-3. T. Genucius (tr. pI. 476 B.C.), 368-9. Cn. Genucius Augurinus (mil. tr. 399 B.c.),654· M. Genucius Augurinus (cos. 44 B.C.), 5 28 . Harpagus, 7 I I. Heraclitus, 449. Heraclitus of Ephesus, 450. Ap. Herdonius, 423. Turnus Herdonius, 199-200. Lars Herminius (cos. 448 B.C.), 515. T. Herminius Aquilinus, 259. Hermocrates, 450. Hermodorus, 449. Hersilia, 73. Himilco, 689. Hipparchus, son of Charmus, 239. Hippolytus, 193. Horatia, 114 f. Horatius Cocles, 258-9; statue, 260. P. Horatius, 109, 114, 116. M. Horatius Barbatus (cos. 449 D.C.), 4 6 9. M. Horatius Pulvillus (cos. 509 B.C.), 23 2, 253· M. Horatius Pulvtllus (cos. 457 Be.), 44 6 . L. Hortensius (tr. pI. 422 B.C.), 597, 601. L. Hortensius, 597. Hostus Hostilius, 77. Tullus Hostilius, 105-6, 124. L. Icilius (tr. pI. 456 B.C.), 447. L. Icilius (tr. pI. 412 B.C.), 613, 616. Sp. Icilius (tr. pI. 470 B.C.), 383. Inuus, 53. Julia gens, 123. Proculus Julius, 84-85. C. Julius Iullus (cos. 482 B.C.), 350. C. Julius Iullus (mil. tr. 408 B.C.), 617, 696. L. Julius Iullus (mil. trib. 438 B.C.), 557· L.Julius Iullus (mil. tr. 403 D.C.), 631. L. Julius Iullus (mil. tr. 401 B.C.), 646. Vopiscus Julius Iullus (? cos. 473 B.C.), 371. C. Julius Mento (cos. 431 B.C.), 575. Junia gens, 31 I. C.Junius (tr. pI. 423 B.C.), 594. L. Junius Brutus, 216, 217, 232.

755

L. Junius Brutus (tr. pI. 493 B.C.), 31 I. M. Junius Pennus, 32~l· C. Lacerius, 648. Laetoria gens, 303. C. Laetorius, 377· M. Laetorius, 303. Sp. Larcius, 229, 259· T. Larcius, 281-2. Acca Larentia, 47, 50. Latinia gens, 327. T. Latinius, 327. C. Licinius (tr. pI. 493 B.C.), 31 I. P. Licinius (tr. pI. 493 B.C.), 3 1 1. P. Licinius Calvus (mil. tr. 400 B.C.), 652, 660, 666. P. Licinius Calvus (mil. tr. 396 B.C.), 666 If. M. Licinius Crassus, 277. M. Licinius Crassus (proconsul 29 B.C·),56 3· C. Licinius Macer, 7-12, 543, 570. T. Livius, life, 1-5; personal comments, 245, 322, 351; attitude to prodigies, 4°4; attitude to religion, 406, 424, 43 I, 677, 743; attitude to war, 95, 743; ignorance of Greek, 7°8,7°9,713,715; ignorance of law, 478; ignorance of senatorial procedure, 134, 379, 38 7, 47 1, 493; narrative technique, 295, 314~17, 334, 346, 360, 388, 398, 4 1 I, 413, 418, 443, 58 5, 720; use of digressions, 626, 7°°; imitation of Demosthenes, 517, 590, 650; use of psychological motivation, 243, 258, 388, 480, 509, 56 I, 7 I 8; interest in psychology, 295, 398 , 4 63. Lucretia. 218 If. P. Lucr~tius (?cos. 506 B.C.), 271. L. Lucretius Bavus (cos. sulf. 393 B.c.),691. Hostus Lucretius Tricipitinus (cos. 429 B.C.), 582. L. Lucretius Tricipitinus (cos. 462 B.C·),4 1O • Sp. Lucretius Tricipitinus (cos. sulf. 509 B.C.), 228, 229, 232, 253, 254· L. Maeeilius (tr. pI. 470 B.C.), 382. Sp. Maecilius (tr. pI. 416 B.C.), 606. Sp. Maelius, 550 If., 555. Sp. Maelius (tr. pI. 436 B.C.), 567. P. Maelius Capitolinus (mil. tr. 400 B.C.), 652. Mamilia gens, 198, 199,27°,423. L. Mamilius, 427. Octavius Mamilius, 198,286. Sex. Manilius, 491. C. Manlius, see A. Manlius Vulso.

INDEX I A. Manlius Capitolinus (mil. tr. 405 B.C.), 62 4· L. Manlius Capitolinus (cos. 422 B.C.), 597· M. Manlius Capitolinus (cos. 434 B.C·),571. M. Manlius Capitolinus (cos. 392 B.C.), 694, 734. A. Manlius Torquatus (cos. 24 1), 94. T. Manlius Torquatus (cos. 235), 94. T. Manlius Imperiosus Torquatus (cos. 347 B.C.), 580. A. Manlius Vulso (cos. 474 B.C.), 371. M. Manlius Vulso (mil. tr. 420 B.C.), 600. P. ManliusVulso (mil. tr.400B.C.), 652. Ancus Marcius, 125-6. M. Marcius, 126. Cn. Marcius Coriolanus, 314-16, 319, 33 1- 2 , 334, 33 6 . C. Marcius Rutilus (cos. 357 B.C.), 126. M. Menenius (tr. pI. 410 B.C.), 614. Agrippa Menenius Lanatus (cos. 503 B.C.), 275, 312 ff. Agrippa Menenius Lanatus (cos. 439 B.C.), 554. C. Menenius Lanatus (cos. 452 B.C.), 451. L. Menenius Lanatus (cos. 440 B.C.),

55 2 • M. Valerius Messalla Corvinus, 229. M. Metilius (tr. pI. 416 B.C.), 606. M. Metilius (tr. pI. 401 B.C.), 649. M. Metilius (tr. pI. 2 I 7 B.C.), 606. Mezentius, 41, 628. M. Minucius (tr. pI. 401 B.C.), 649. C. Minucius Augurinus (mon. c. 140 B.C.), 556. L. Minucius Augurinus (praif. ann. 440 B.C.), 256, 438, 441, 550, 556. P. Minucius Augurinus (cos. 492 B.C.), 25 6 . Q. Minucius Esquilinus (cos. 457 B.C.), 445. M. Minucius Rufus (diet. 217 B.C.), 44 1,649. C. Mucius (Cordus Scaevola), 262, 263,266. C. Mucius Scaevola (xvvir s.! 17 B.C.),262. Sp. Naevius Rutulus (mil. tr. 424 B.C·),5 89· Sp. Nautius, 559. C. Nautius Rutilus (cos. 41 I B.C.) 614. Sp. Nautius Rutilus (mil. tr. 404 B.C.), 6°3, 624. Attus Navius, 150-1. Q.Navius, 151. Numa, see Pompilius.

L. Numitorius, 382. P. Numitorius, 484, 495.

Onomarchus, 660. Oppia,349· Oppia gens, 349,461. C. Oppius, 461. M. Oppius, 461, 491. Sp. Oppius, 461. Cn. Oppius Cornicinus, 462. Orgetorix, 504. Num. Otacilius, 598. Papiria gens, 147, 238, 615, 725. M. Papirius Atratinus (? cos. 41 I B.C.), 613-14, 615. M. Papirius Crassus (cos. 441 B.C.), 551. L. Papirius Cursor (censor 393 B.C.), 696. L. Papirius Mugillanus (? cos. suff. 444 B.C.), 543· L. Papirius Mugillanus (cos. 427 D.C.), 58 4. M. Papirius Mugillanus (mil. tr. 418 B.C.), 726. Q. Petilius Spurinus (praetor 181 B.c.),89-90. C. Papius (tr. pI. 65 B.C.), 616. C. Papius (quaestor 409 B.C.), 616. Pinarii, 60-61. L. Pinarius Mamercus (mil. trib. 432 B.C·),574· Poetelii, 46 I. ? Sex. Pollius (tr. pI. 420 B.C.), 600-I. Polydamas, 579. Pompeius Trogus, 702. Sex. Pompei us Fostlus, 49. Numa Pompilius, 88-90, 98-99, 101, 102, 1°3. ? Sex. Pompilius (tr. pI. 420 B.C.), 600-I. M. Pomponius (tr. pI. 449 B.C.), 496. Q. Pomponius, 691-2. M. Pomponius Atticus, 565. M. Pomponius Rufus (mil. tr. 399 B.C.), 653. M. Pomponius Rufus, friend of C. Gracchus, 654. Ti. Pontificius, 352. Popilia gens, 653. M. Popillius Laenas (cos. 359 B.C.), 653· L. Porcius Laeca (mon. c. 104 B.C.I, 373. Pars Porsenna, 255, 270. Posidonius, 701, 7°3, 707. Postumia, 600, 602. Postumia gens, 285, 290, 348, 594, 600, 6°9,663. M. Postumius (mil. tr. 403 B.C.), 631.

PERSONS A. Postumius Albinus (cos. 99 B.C.), 6°9· A. Postumius Albinus (mon. c. 96 B.C.), 286. A. Postumius Albinus (mon. c. 79 B.C.), 183. M. Postumius Albinus (mil. tr. 426 B.C.), 584, 632. M. Postumius Pyrgensis, 670. A. Postumius (Albus) Regillensis (cos. 496 B.C.), 281-2. A. Postumius Regillensis (mil. tr. 397 B.c.),663· M. Postumius Regillensis (mil. tr. 414 B.C.), 609 ff. Sp. Postumius Regillensis (mil. tr. 394 B.C.), 686. A. Postumius Tubertus (diet. 43 I B.C.), 572, 576, 579-80. P. Postumius Tubertus (cos. 505 B.C.), 27 2. Potitii, 60-61. Proca (Silvius), 45. Volero Publilius (tr. pI. 471 B.C.), 373 ff. Volero Publilius Philo (mil. tr. 399 B.C.), 654. L. Publilius Vulscus (mil. tr. 400 B.C.), 65 2 • ?Sp. Pullius (tr. pI. 422 B.C.), 596 , 600-I. - Pullius (tr. pI. 248 B.C.), 601Pythagoras, alleged books of, 89, 9 I.

Quinctii, 399-400, 594, 609· Quinctilii, 123. K. Quinctius, 416-18. T. Quinctius, 441. T. Quinctius Capitolinus (cos. 446 B.C.), 516 ff., 543, 579· L. Quinctius Cincinnatus (cos. suff. 460 B.C.), 417, 420, 428-9, 43 6 , 441. L. Quinctius Cincinnatus (mil. tr. 438 B.C.), 581, 600. . . T. Quinctius Cincinnatus Capltohnus (diet. 380 B.C.), 444· ., T. Quinctius Poenus (Cmcmnatus) (cos. 431 B.C.), 575, 579, 581 , 584. M'. Rabuleius, 462. Racilia, 442, 444. Remus, 46-47. T. Romilius, 447. Romulus, 32-33, 46-47, 54, 84-85; Camillus as second Romulus, 679. Romulus (Silvius), 45. L. Roscius, 559. Rutilius, cognomen of Nautli, also spelt Rutilus, 408.

Sp. Rutilius Crassus B.c.),606.

757 (mil. tr. 417

C. Scantinius Capitolinus, 502. P. Scaptius, 523. L. Scribonius Libo, 546. Segovesus, 709. Sempronia, 597. Sempronia gens, 289, 609· C. Sempronius Atratinus (cos. 423 B.C.), 592, 600 ff. L. Sempronius Atratinus (? cos. suff. 444 B.C.), 543· C. Sempronius Gracchus, 506, 59 1, 602, 654, 74 2 . Ti. Sempronius Gracchus, 555, 59 1, 647· Ti. Sempronius Longus (cos. 218 B.C·),59 2 . Sergia gens, 462. L. Sergius Fidenas (cos. 437 B.C.), 560. L. Sergius Fidenas (mil. tr. 397 B.C.), 663· M'. Sergi us Fidenas (mil. tr. 404 B.C.), 62 4,649. M. Sergius Silus, 476. C. Servilius Ahala, 550-I, 555. C. Servilius (Structus) Ahala (cos. 427 B.C.), 583, 603. C. Servilius Ahala (mil. tr. 408 B.C.), 617, 64 6 . . Q. Servilius Fidenas (mI!. tr. 402 B.c.),644· P. Servilius Priscus (cos. 463 B.C.), 4°4· Q.Servilius Priscus (cos. 468 B.C.), 437. Q. Servilius Priscus (diet. 435 B.C.), 568-9, 6°3, 6°4· Sp. Servilius Structus (cos. 476 B.C.), 36 7. Servius. from Aquinum, 625. Servius' Romanus, 624. L. Servius Rufus, 625. Sestius, also spelled Sextius, 45 I, 610. P. Sestius Capitolinus (cos. 452 B.C.), 451. L. Sestius Quirinalis (cos. suff. 23 B.C.), 7 2 4. M. Sextius (tr. pI. 414 B.C.), 610. P. Sextius (quaestor 414 B.C.), 610. Siccia gens, 382. Cn. Siccius, 382. L. Siccius Dentatus, 448, 475-6. Sicinia gens, 312, 337, 382 . C. Sicinius (tr. pI. 449 B.C.), 49 6 . T. Sicinius (cos. 487 B.C.), 337. T. Sicinius (tr. pI. 395 B.C.), 684. C. (or L.) Sicinius Velutus (tr. pI. 493 B.C.), 311-12.

INDEX I

Q. Silius (quaestor 409 B.C.), 616. Silvii, Kings of Alba Longa, 43-45. A. Spuri ... (mon. c. 130 B.C.), 596. ? Ti. Spurillius (tr. pI. 422 B.C.), 596, 600. T. Statius, 370. P. Sulpicius Camerinus (? decemvir 451 B.C.), 415. Q. Sulpicius Camerinus (cos. 434 B.C.), 57 1 , 60 4. Q. Sulpicius Camerinus (mil. tr. 402 B.c.),644· Ser. Suipicius Camerinus (cos. 500 B.C.), 283· Ser. Sulpicius Camerinus (cos. 461 B.C·),4 15· Ser. Sulpicius Camerinus (cos. suff. 393 B.C.), 691. Q. Sulpicius Longus (mil. tr. 390 B.C.), 7 17,7 18 , 735, 73 8 . L. Servius Sulpicius Rufus (mon. c. 43 B.C.), 289. Sex. Tampanius, 592-4, 596, 60 I. Tampii, 594. Tanaquil, 143, 144, 161, 209. Cn. Tarxunies Rumax, 141,23°. Tarpeia, 74-75. Sp. Tarpeius (cos. 454 B.C.), 447-8, 5 15,5 21 ,648 . Gaia Tarratia, 245. Tarquinia, 245. Tarquinia gens, 141. L. Tarquinius (mag. eq. 458 B.C.), 442. Sex. Tarquinius, 207, 209, 230, 288. Titus Tarquinius, 288. L. TarquiniusColiatinus, 232, 239, 254. L. Tarquinius Priscus, 145-6, 161, 187, 284, 702. L. Tarquinius Superbus, 187, 194 If., 199,204-5,215,247 If., 280, 286-7, 291. T. Tatius, 72, 81. Telegonus, 199, 285. C. Terentilius Harsa, 411-13. M. Terentius Varro, 6, 701, 750. Tiberinus (Silvius), 45. Timagenes, 3-4, 701-2, 707. Timasitheus, 660, 689, 690. M. Titinius (tr. pI. 449 B.C.), 496. L. Titinius Pansa (mil. tr. 4°° B.C.), 652. Lars Tolumnius, 558, 621. C. Trebatius Testa, 502. L. Trebonius, 516. Att(i)us Tullius, 326. (?) C. Tullius (cos. 482 B.C.), 350. M'. Tullius (cos. 500 B.C.), 283. Servius Tullius, 156-7, 159-60,680-1; constitution, 166 If.; increase of Rome, 178-9; wall, 179; death,

184 If. Sp. Tullius, 160. Ulysses, 579. Uqnus, 703. Valeria, 334. Valeria gens, 250, 321. Valerius Antias, 12-16,4°2. M'. Valerius (? diet. 501 B.C.), 282. M. Valerius, 286. M. Valerius (cos. 505 B.C.), 272, 286, 408 . M. Valerius (aug. 463 B.C.), 408. P. Valerius, 286. M'. Valerius Maximus (diet. 494 B.C.), 250, 306, 407. M. Valerius Maximus (quaestor 458 B.C·),438 . M. Valerius Maximus (mil. tr. 398 B.c.),658. M. Valerius Maximus Corvus (cos. 300 B.C.), 232. C. Valerius Potitus (mil. tr. 415 B.C.), 608. L. Valerius Potitus (cos. 483 B.C.), 343, 401 . L. Valerius Potitus (cos. - 449 B.C.), 4 68 . L. Valerius Potitus (mil. tr. 414 B.C.), 610, 689,69 1,694,737. L. Valerius Publicola (mil. tr. 394 B.c.),686. P. Valerius Publicola (cos. sulf. 509 B.C.), 224, 232, 24 1, 242, 250, 254, 27 I, 275; cognomen, 253. Verginia, 454, 476-8. Verginia gens, 290. A. Verginius (tr. pI. 461 B.C.), 419. L. (or D. or A.) Verginius, 479, 495. Opiter Verginius (cos. sulf. 473 B.C.), 371. T. Verginius Caelimontanus (cos. 448 B.C·),5 15· L. Verginius Tricostus (cos. 435 B.C.), 5 68 . L. Verginius Tricostus (mil. tr. 402 B.C.), 644, 649. Opiter Verginius Tricostus (cos. 502 B.C.), 277. T. Verginius Tricostus (cos. 496 B.C.), 3°5· Vetti Bolani, 609. Vettius Messius, 578. Veturia, 334. Mamurius Veturius, 98, 284. C. Veturius Cicurinus (cos. 455 B.C.), 447,45 6 . M. Veturius Crassus (mil. tr. 399 B.c.),653·

PERSONS T. Veturius Geminus (cos. 462 B.C.), 410, 45 6 . C. Vetusius Cicurinus (cos. 499 B.C.), 2 84. Ap. Villius (tr. pI. 449 B.C.), 49 6 . P. Villius Tappulus (cos. 199 B.C.), 496. Vindicius, 241 If.

759

C. Viscellius (?) Ruga, 31 I. C. Visellius Aculeo, 242. Vitellia gens, 242, 243. Volumnia gens, 415. P. Volumnius Amintinus (cos. 461 B.C·),4 15· Vulca, 213.

PLACES AND PEOPLES

INDEX II

PLACES AND PEOPLES (Exclusive of Rome) Aborigines, 38. (H)adriaticum mare, 705. Aedui,7°9- lo. Aequi, 129-30, 336, 351, 390, 395-6, 397, 398 , 4 2 5, 435, 43 6 , 438, 439, 5°6,5°9,517,521,529,548,581-2, 589, 62 7. Aesis, R. 7 I 5. Aineia, 37-38. Alba Longa, 43, 120-2, 665. Albanus lacus, 660; emissarium, 65 8 -9, 67 2 • Algidus, 396, 407, 529, 614. Allia, R. 587, 702, 717 ff. Alps, Julian, 712; Cottian, 712. Ambarri,7 I O. Ameriola, 155. Antemna, 69. Antinum, 618. Antium, 318, 388, 404, 434, 435-6, 618. Anxur, 622, 641, 644, 651, 664. Apiolae, 148-9. Aquinum, 625. Ardea, 219, 220, 280, 439, 523, 543, 546, 695, 728. Aricia, [02, 182, 193, 200-[, 269, 280, 5 23, 7°3· Arretium, 620, 705. Arsia Silva, 248, 249. Artena, 615. Arvemi, 707, 709. Athens, supposed embassy to, 449; relations with Sicily, 580, 614; plague, 394. Atria, 704. Aulerci,7 I O. Aurunci, 276. Avaricum, 715. Bastamae, 563. Bituriges, 707. Bola, 33 I, 608. Boii,7[5· Bovillae, 33 I. Brixia, 7 [4· Caenina, 68. Caeno,388. Caere, 4[, 216, 229, 234, 255, 269, 625, 62 7, 65 6 , 661, 7°5, 723, 736, 740. Cameria, 155, 277, 283. Capena, 440, 628,630, 644,682,685.

Capitulum, 33 I. Capua, 580, 591-2, 703. Carnutes, 710. Carthage, 580, 614, 674, 689, 71 I. Carventum, 614-15, 618, 621. Casuetani, 614. Celtae, 7°7; see also Gauls. Cenomani,7 13· Circeii, 215, 331, 681, 682-3. Clusium, 234, 255, 627, 705, 699-700, 7 1 4. Cnidus, 689. Collatia, 154, 222. Columen, 435. Cora, 276, 280, 627. Corbio, 287, 33 1, 332. Corfinium, 742. CorioIi, 3 19, 331, 523. Corniculum, 154. Corsica, 7 I I. Cortona, 705. Cremera, 359 ff., 630. Crustumerium, 68, 284-5. Cumae, 234, 255, 256, 269 ff., 291, 321, 37 1, 5° 2, 574,5 80, 654, 68 9, 704. Cures, 79. Delphi, 458, 664-5; consultation by Tarquinius Superbus, 216; consultation in 398 B.C., 655, 66o-I; offering by Romans, 689 ff.; supposed source of leelislernia, 655. Dicaearchia, 291. Ecetrae, 302, 331, 625. Eneti,36. Ephesus, 181-2,45°. Eretum, 440. Etruria, 255, 626 ff., 703 ff. Euganei, 35. Falerii, 628, 641, 644, 674, 685-6. Felsina, 703, 713. Ferentinae lucus, 200, 280, 329. Ferentinum, 613, 625. Feroniae lucus, see Lucus Feroniae. Ficana, 136. Ficulea, 155. Fidenae,81,119,275,284,364,559-60, 56 9-7 0 , 582 -3, 585, 600, 627. Gabii, 205-6, 209, 731.

Gauls, 627, 666, 697, 699 ff., 702, 704, 7°8- 15, 7 16 , 7 19, 720, 727, 728-9, 73 1,73 6 , 737· Henna, 321, 502. Hercynei Saltus, 709. Hermunduli, 135-6. Hemici, 2°7, 280, 337, 339-40, 371, 388 , 394, 400, 40 7, 5 17. Illyria, 706. Inregillum, 274. Insubres, 713. Labici, 331, 333, 4°7, 439, 605-7, 608, 664· Laevi, 7 13, 7[4. Lanuvium, 283, 439, 578. Laurentes, 39. Laurolavinium, 39. Lavinium, 39, 240-1, 331. Leontini, 580. Libui,7 14· Liguria, 714. Lingones, 715. Lipari, 660, 689 ff., 704. Longula, 318, 331. Lucus Feroniae, 124,44°. Malitiosa silva, [24. Mantua, 705. Massilia, 182,660,702, 711-12. Mediolanium, 712, 713. Medullia, 155. Melpum,7 12. Mugilla, 331, 332. Nepi, 629, 630, 644, 672. Nomentum, 155,586. Norba, 280, 322. Numicus, R., 41. Ortona, 350, 625. Ostia, 138, 139-4°,321,582. Pedum, 33 1, 333. Perugia, 705. Phocaea, 7 I I. Pisaurum, 736. Poeninum, 715. Politorium, 136. Polusca, 3 18-19, 331. (Suessa) Pometia, 164, 276, 280, 302. Populonia, 627, 705. Praeneste, 285, 359. Prisci Latini, 45. Raeti, 706.

Regillum, 274,663. Regillus 287; battle of, 281-2, 285 ff., 663· Rhegium, 580, 629. Rusellae, 705. Sal(l)ues, 7 I I. Salluvii, 7 I I. Salui, 71 1,713, 714. Sapienatcs, 696. Sapis, R., 696. Sappinates, see Sapienates. Satricum, 331, 332, 681, 683. Saxa Rubra, 364. Scaptia, 523. Senones, 709, 715. Sequani, 710. Setia, 280, 33 I. Sicily, 321; state in 431 B.C., 580; state in 41 I B.C., 614. Signia, 215, 280, 292. Sparta, 415, 723. Spina, 704. Tarentum, 724. Tarquinii, 234, 247-8, 269, 630, 65 6 , 664,7°4. Tarracina, see Anxur. Taurini,7 12. Tellenae, 136. Tiber, R., 321, 587, 685, 695; floods, 608; prodigies, 653; see also deseensio Tiberina in Index II I. Tolerium, 283, 331, 333,608. Tricastini,7 I O. Troia, 37. Tusculum, 198, 279-81, 288, 4°7, 423, 427, 578, 61 4- 15. Umbri,7 15· Urvinum Hortense, 597. Utens, R., 715. Vecilius, 489. Veii, 83, 234, 247- 8 , 35 1, 359 ff., 569-70, 582, 585, 589, 622, 625, 626-30, 632, 634, 637, 638, 640, 641, 642, 644, 645, 65 1, 659, 666, 669 ff., 672, 676, 678, 683, 685, 693, 705, 730, 741 ff. Velitrae, 308-9. Veneti, 35-36, 704, 706, 736. Verona, 714. Verrugo, 529, 617, 618, 621. Vetelia, 332. Vetulonia, 705. Vindelici, 706. Vola terrae, 705.

INDEX II Volsci, 204-5, 234, 257, 277, 280, 294,

308, 3 17, 3 18, 3 19, 336, 338, 390, 393-4, 39 6 , 400, 438, 439, 506, 509, 5 17, 521, 529, 546, 548, 592, 618, 622, 627, 651. 681 683.

Volsinii, 632, 674, 695. Voltumnae fanum, 353, 571, 624, 705. Volturnus, R., see Capua. Yuki, 630, 705.

INDEX III

GENERAL (Including Roman topography) accensi, 170. addictio, 483. Admurciae, 137. aediles, 406, 503, 583, 604. aequare libertatem, Republican slogan,

44 8 .

Aequimaelium, 536. aerarium, 521, 616. aerarium facere, 573. aes equestre, 17 I, 643. aes grave, 623. aes hordearium, 172, 643. aes rude, 623. aes signatum, 623. age for military service, 508. agel' publicus, 340, 606, 607. agrarian laws, 338, 340. Aius Locutius, 698, 741. alter, meaning of, 455. ampliatio, 602. ancilia, 1oo. Annales, 6 n. I, 256, 529, 543, 566, 574, 577, 62 9, 692, 695; material from the Annales, 124, 177-8, 181,

248,256-7,257,27 1,275,279,282, 284, 285, 294, 3° 2, 3 1 I, 315, 316, 320, 321, 325, 336 , 347, 349, 350, 359, 36 7, 37 1, 381 , 38 3, 38 7, 393, 394, 397, 39 8 , 4° 1, 40 3, 404, 40 5, 407, 408, 4 1 I, 4 15, 423, 434, 436, 445, 44 6 , 45 1, 495, 52 7, 54 2 , 544, 552, 55 8 , 57 2 , 581, 582, 583, 584, 585, 589, 592, 60~, 604, 605, 608, 61 3, 616, 625, 645, 651, 653, 664, 682, 689, 690, 694, 697. annona, 256, 321, 552. antistes, 184. Apollinare, 513. Apollo, 5 I 3; associated with Latona, 65 6 ; temple, 574, 583, 655. Argei, 104, 258. armillae, 74, 75. armour, hoplite, introduced, 167, 540,

576. Artemis, temple of, at Ephesus, 181. aspersions on parentage, 161. Asylum, 62-63. Athena, cost of statue of, 212. Atrium libertatis, 546. audacia, as a political term, 375. augurs, 408. auspices, 531-2, 541, 584.

auxilium, tribunician, 300, 310, 350,

4 17,5°5. Aventine, the, 136, 446, 489, 694-5. bees, apparition of, 586. bona Porsennae, 268. bona regia, 244. bos auratus, 556-7. burial-customs, 178, 197; of magistrates, 725. busta Gallica, 736, 737. caedes civis indemnati, 506, 567. Caelian, the, 122. Caeritum tab ulae, 573, 740. Caesar, possible allusions to,

454,

679-80 . Calendar, 95-96. Camenae, 102. camillus, 63 I. campus, see Martius campus, Tiberinus campus. Capitolium, 2 I 1-12, 720, 734, 736. Caprae Palus, 85. career, 139, 506. carmen triumphale, 444-5. Carmenta, 59, 588. Carmen talis, porta, 363-4, 588. carmina Marciana, 416. carriages, right of matrons to ride Ill,

74 1 •

Casa Romuli, 747. Castor, temple of, 286, 288-9, 347 (title), 347 (date of dedication). causa liberalis, 478, 482. Celeres, 83; tribunus celerum, 228. censorship, 177, 545, 570; suffect, 696. census figures, 177-8. centuriae, 171, 174; ni quis scivit, 173; primores and posteriores, 150; iuniores et seniores, 168; praerogativae, 667-8; see also comitia centuriata. Ceres, temple of, 256, 291, 239, 311,

321 , 338-9, 342-4, 406, 502, 503, 654· chronological problems, 455, 565-6, 62 9, 749· civitas, 527-8. civitates sine suffragio, 740. classis, classes, 168 ff., 588-9. Claudia.(tribe), 284, 292. clementia, 5 I 4.

764

INDEX III

clientela, 479-80. cloaca maxima, 214; cf. 747.

Cluilia fossa, 107,331. Clustumina (tribe), 284, 29 2 . Codex Veronensis, inserts 5 at end of words, 410; inserts n, 479; inserts c, 422; inserts -que, 437, 695, 730; omits et, 422; omits se, 491, 51 1,7 2 5; omits initial e, 752; omits final m, 4 28 ; interpolates syllables, 467; shares .no glosses with N, 744; affects In/latus, 553, 6 I6, 696; telescopes, 410, 481,573; trivializes, 406, 4.80 , 5", 516; corrupts by assimilatIOn, 484; word-order, 419, 421, 430, 437, 4 6 7, 475, 476, 510, 512, 516, 5 18 , 5 19, 554, 570, 572, 59 1, 643, 694, 697, 729. coercitio, 615. cO!J.nomina, 3 19, 560, 563, 569, 615, 663. comage, Roman, 623. collegium mercatorum, 304. colonies, size of, 683. comitia centuriata, 172-5, 325, 38 I, 497, 667,69 8 , 733, 747. comitia curiata, 4°8-9, 733, 747. comltw tnbuta, 310, 381, 385-6, 497, 667,69 2 ; quasi-comitia of a minority of tribes, 604. Comitium, 151,482. commentarii, 23 I, 535. conclamatio, 594. Concordia, 346. condicionem quaerere, 484. conditor alter, as title, 739. coniuratio, 362. consecratio bonorum, 343, 500. consilium domesticum, 328. consilium ... virtus, 5 I I. Consualia, 66, 724. consulship, 230-1, 518-19, 5 27. conublUm, 453, 477, 527-8, 537. co-option of tribunes, 514. corona aurea, 444, 558. corona Etrusca, 273. cuniculi, 57°, 628, 659, 672. Curia Hostilia, 123. curiae: R,?mulus' creation of, 8o; ceremomes, I 17; powers, 408-9. curio maximus, 608-9. Curtius Lacus, 75-76, 79. Cyprius vicus, 192. date of entry into office, 404-5, 4 10 . Decemvirate, the, 412, 449 ff., 451-4, 455, 45 6 , 521; second Decemvirate, 4 61 ff., 477, 499. decemviri stlitibus iUdicandis, 501. decimation, 385. dedication, of temples, 254.

deditio, 153-4, 688. deprecatio, 326. descensio Tiberina, 152,587.

desertion, military, 579. deversoria, 202. devotio, 674, 725. di manes, 429. di parentes, see Penates. di praesdies, 406. D!ana Nemorensis, 182, 193, 200, 657. D~an~, on Aventine, 181-3, 440, 450. Dlamum, 193. dice, ancient games with, 559-60 . dictatOJ:ship, 28 I ff., 309, 576, 728, 738. dIeS AUtensis, 36o, 7I 7. dies Cremerensis, 366. Diespiter, 112. Dioscuri, 286, 287, 288-9. Dius Fidius, 103. doliola, 723-4. duplicarii, 384. iiviri aedi dedicandae, 34 8 . iiviri perdueUionis, 114, 323-6, 339, 3445, 36 9, 370. iiviri sacris faciundis, 655. earthquakes, 415. economic depression at Rome after 500 B.C., 293-4, 497-8, 572. Egeria, 102. empire, ancient attitude to, 688-9. Equirria, 587. equites, 152; number of, 642; dismounted, 286, 288, 592; at Veii, 643; census equester, 642. ergastula, 299. Esquiline, the, 179. evocatio, 674 ff., 677. exile, consolations of, 74'3. exoratio, 674. . fabula, meaning of, 675. falslls testis, 326. familia, 344. fasces, 62, 235-6, 251, 281, 374, 463-4. Faunus, see Silvanus.

Feriae Latinae, 125,665. fitiales, 110-12, 127 ff., 44°,584. FICUS, see Navia, Ficus' Ruminalis Ficus. ' , fi~em Quiritium implorare, 300,

Fides, 103. fines, 369, 448, 582, 692, 699. fiamen Dialis, 724, 746. .flamen Quirinalis, 722, 724. .flamines, 97, 722. Flaminia, Prata, 497. Flaminius, Circus, 497. formula census, 546. fortuna contrasted with virtus, 708 .

GENERAL Fortuna inforo Boario, 680. Fortuna Muliebris, 336. Fossa, see Cluilia fossa; Quiri ti urn fossa. fur manifestus, 486. fustuarium, 640. Cabinus cinctus, 73 I. gaesatae, 716.

geese, 734. gentes, plebian and Etruscan, 293, 310; maiores and minores, 147-8, 236; sacra, 532. Craecus ritus, 583, 655.

Greek: episodes adapted from Greek mythology and history: Alba Longa, 118, 120-I. Ancus Marcius, 127, 146. Asylum, 62-63. Bellovesus, 707. Camenae, 103. Consualia, 66. Coriolanus, 315, 326, 334. Corioli, 320. Cremera, 359 ff. Decemvirate, 453, 457· Demaratus, '41. Evander, 52. Falerii, 688-9. Hercules and Cacus, 55. Horatii and Curiatii, I 12. M. Horatius, 254. L. Junius Brutus, 218. Lucretia, 2 I9, 22 I. Agr. Menenius, 312. C. Mucius, 262. Numa, 89, 103. Numitor, 47. Pallor and Pavor, 118. Rome, capture of, 684, 720, 726. Romulus, 46, 53, 64, 84· Tanaquil, 144. Tarpeia, 74-75. Sex. Tarquinius, 195, 205. L. Tarquinius Collatinus, 239. L. Tarquinius Priscus, 143, 151, 161, 162-3· L. Tarquinius Superbus, 195, 197, 212,216, 21 7. Thalassio, 69. Lars Tolumnius, 560. Servius Tullius, 186, 194, 197. P. Valerius Publicola, 250. Veii and Troy, 589,620,628,637,663 . Virbius, 193-4. battle of Regillus, 286 ff., 289. battle of 509 B.C., 250. battle of 495 B.C., 3°2. battle of 480 B.C., 354.

battle of 431 battle of 394

B.C., B.C.,

579. 690'

see also 276, 405. haruspices,

66 I .

heads, oracular, 2 I I. hens, introduced in fourth century B.C., 734. Hercules, 656-7, 71o-II; at Ara Maxima, 55-56, 656; associated with Ceres, 656; Invictus, 656; Magnus Custos, 656. hiberna, 633. hie, corruption of h.d., 644. hop lite-warfare, 576. Horatia pila, 116. Horatiorum sepulcra, 113. hospitium, 690, 740. house-construction, ancient, 162. hunting as military training, 639. imperator, as title, 679. imperium, 87, 230-1, 235, 54 1, 563-4, 61 I, 615, 636, 725, 733, 735; infinitum, 412-13; surrender of, 194;

abrogation of, 228--9, 239. in ius vocatio, 481. instauratio, 327. interregnum, 87, 4°9-10, 47 1, 599, 611.

Ionian confederacy, 705. iudicium populi, 325-6, 386. iugum, 439, 444· iustae nuptiae, 537. iustitium, 397.

Janiculum, the, 137. Janus, 132, 364, 73 I. Janus Curiatius, 117. Janus Geminus, 93--94. Janus Quirinus, 131-2. Juno,674· Juno Caelestis, 674. Juno Curitis, 674. Juno Matuta, 681. J uno Moneta, 544-5. Juno Regina, 426, 628, 674, 694-5. Juno Sororia, "7. Juppiter, as oak-god, 439. Juppiter Dapalis, 655. Juppiter Elicius, 101,700. Juppiter Epulo, 655, 745. Juppiter Feretrius, 70-73, 565. Juppiter Latiaris, 280, 665. Juppiter Optimus Maximus, 213, 654, 73 8, 740, 750; dedication, 253, 745· Juppiter Pistor, 736. Juppiter Stator, 75, 78. Juventas, 750. K>''73ov£~, 752.

INDEX III land, amount of allocated to settlers, 6°5, 68 3, 693· Latin league, 280, 285, 317, 399-400 , 73 2 • Latona, 656. laudatione5, 387, 734. law: episodes constructed to illustrate the provisions of Roman law, 82, 83, 118, 278, 388 (bi5), 4°2, 522, 578 , 58 7, 6°5, 622, 624. lecti5ternium, 655, 657. lex: data, 449; rogata, 449; 5acrata, 3 I314,575· Lex annalis, 43 2 . Lex Aternia Tarpeia, 448, 499. 582 . Lex de ambitu (432 B.C.), 574. Lex Hortensia (287 B.C.). 49 8 . Lex Ogulnia, 53 I. Lex Papiriajulia (430 B.C.), 582 . Lex Porcia, 373. . Lex Publilia, 381, Lex Publilia (339 B.C.), 498. Lex Trebonia, 514, 647. Lex Valeria (de provocationc 509 B.C.), 25 2. Lex Valeria (300 B.C.), 499. Lex Valeria Horatia (de provocatione 449 B.C.), 499. Lex Valeria Horatia (de sacrosanctitate 449 B.C.), 500. Lex Valeria Horatia (de plebiscitis 499 B.C·),491l-9· liberta5, 233, 235. 641. libri fatale5, 658. libri lintei, 544. 55 I, 552, 565, 589, 6°3, 606, 61 3-14,631, libri magi5tratuum, 543, 565. libri Si~yllini, 5ee Sibylline books. lictors, 374. litterae laureatae, 69 I. lituU5, 92, 751, Lucere5, 8 I; 5ee tribes. lucumone5, 142, 705. ludi Capitolini, 149, 740. ludi magni, 149, 327. ludi plebeii, 149, 552. ludu5 Troiae, 587. Lupercalia, 51, 731. lupi, a Roman slogan, 5 I6. lU5trum condere, 177. magi5ter equitum, 28 I. magi5ter populi, 28 I. malaria, 32 Iff., 395, 659. mancipatio, 296-7. mane5, 508-9; see also di mane5. manumission vindicta, 241-2, 246-7. manU5 iniectio, 297, 48 I. marriage, Roman, 547. Mars: Nerio Martis, 74.

Mars Gradivus, 99. Martius Campus, 244-5, 364. Mater Matuta, 680. Matralia, 680. Melian dialoguc in Thucydides, 8-89 6 . Mercury, 303,656. migrations, reasons for, 700 708 . militia legitima, 362. ' Minucia porticus, 550. moderatio, 514, 516, 526-7. mode5tia, 514, 526. Mucia prata, 266. Mugionia, porta, 77. Naevia, porta, 262. navalia, 442. Navia, ficus, 151, Neptune, 656. nexum, 294, 296-8, 303. Nicomachean edition ofLivy: marginal notcs, 473, 549, 585; -que interpolated, 365, 647. nomen and cognomen inverted, 570. nome/Z and praenomen inverted, 391, Nympharum aedes, 546 . obituary notices, 320. optirr:ate5 and populare5, 470. ovatlO, 277. 01' jj ~proprium nomen, 208, 270, 45 8 ,5 28 -9. paedagogi, 687. Palatine, the 52. Pan, 52. Palladium, 745.

IJ·

7TapaK€A€uaL~, commonplaces in, 5 I O.

parens patriae, as title, 739. parricidium, 114, 325-6, 344-5, 437, 59 8 . pater patratu5, I I I. patre5 con5cripti, 236. patria pote5ta5, 547, 693. patriam 5ervare, 67 I. patricians, 385-6, 451-2, 536 co-option); see also gente5 maiore5. pay, military, 622, 637, 643-4, 653. peculatu5, 326, 347,698. Penates, 40, 427, 723-4; and di parente5 228; and Dioscuri, 288, 7 2 3. perduellio, 114-15,323-6,339,344-5,639. plebi5cita, 497-9. pleb5, 293-4, 310, 366, 449, 451-3, 497-8; 5ee al50 tribunate, secession. pomerium, 179,747. pontifex. maximu5, 237, 494, 724, 745; electIOn of, 604. pontifice5, 100-1, 138,254,535,684. pOpUlU5, used as equivalent of pleb5, 612. portoria, 258.

GENERAL IJraeda, 346-7; disposal of, 414. 588. prae/ectu5 annonae, 552. praefectu5 urbi5, 229, 4 I I. praeire, 567-8. praeiudicium, 472. praetor maximu5, 23 I. princep5 civitati5, 392. proconsul, 399. prodigies, public and private, 217, 248, 349,4°3,4 15. provinces, allocation of, 395. provocatio, 252, 282, 300, 373, 432, 499. Publilia (tribe), 653. Pudicitia Plebeia, 487. Puteal Libonis, 482. quae5tione5, procedure in, 595, origin of, 611-12; Manilia, Postumiana, 611-12. quae5tore5, 252, 323-6, 329, 344-5, 598,616,698. Quietis, fanum, 595. Quinctia prata, 442. Quirinal, the, 178,364,73°. Quirinus, 73, 84, 132, 724; aede5, Hora Quirini, 73. Quirites, 79. Quiritium fossa, 139.

602; 612; 437,

568;

Ramnes, 80; 5ee tribes. regia, 216. rerum repetitio, 127, 130. rex 5acrorum, 237-8. right-hand, burnt for perjury, 262. Rome, earliest settlement, 31-32; Etruscan, 140-I; Roma quadrata, 751; sacked by Gauls, 719-20, 751; rebuilt, 751; eternal, 536, 745; Homae laude5, 748; disease at, 394-5; prophecies offall, 520, 662, 679, 749; 5ee al50 'economic depression'. r05tra, 378. Ruminalis, ficus, 49. 5acer, 500, 501, 502. Sacer Mons, 489. 5acra, 532. 723, 745 f. 5acramentum, consular, 226; military, 355,3 62 ,43 1,63 6 . sacrosanctity, 500, 615. Salii, 98-99, 167-8. Salinae, 730. salt-trade. 138, 257, 359. 5anguinea ha5ta, 135. Sapinia (tribe), 696. Saturn, 290. Saturnalia, 657. Scaptia (tribe), 523. Sceleratus Vicus, 194. schools at Rome, 480-1, 687.

sea-power, Etruscan, 704. sea-power, Roman, 640. secession of the pleb5: Erst, 309 If., 447; second, 447, 48 9, 495- 6 . 5ede5piorum, 330. 5ella curuli5, 62, 308. Semo Sancus, 103, 209. Senate: under Romulus, 63-64; under Tarquinius Priscus, 148; in Republic, 236-7; competence, 198, 475,576,584,612; procedure, ~34, 200, 300, 305, 468, 471; meetmgplace, 568; frequen5 5enatu5, 605. Senatu5 con5ultum ultimum, 399. 5elltentiae, commonplace, illustrated, 108, 159, 187, 188, 190, 225, 243, 254, 3°6 , 333, 335, 358 , 380, 39 2 , 393, 493, 505, 520, 522 , 5 2 4, 534, 553, 579, 592, 620, 621, 633, 637, 649-50,662,688,718,738,748;used to introduce cpisodes, 239, 592, 718. 5ex 5uffragia, 150-1, 171, 667. sexagenarii de ponte, 552. Sibylline books, 416. 574, 654-5, 661, silence, psychological use of, 486. Silvanus, 248, 250. slaves, attitude to masters, 635-6; earliest at Rome, 677. snake portents, 2 I6. Sol, 68o. Spes, temple of, 367. 5polia opima, 71-73, 558. 5 6 4. 5qualor reorum, 386. statues, earliest at Rome, 559, 596-7. 5tipulatio, 297, 485. stratagcms: episodes constructed to illustrate stratagems, 143, 144-5, 153, 24 1, 250, 254, 29 6 - 8 . 373-4, 416-17,477-8,486,494, 506 , 547- 8 . 5trena, 735. 5ub pellibu5 habere, 633. Sublicius pons, 137-8,258,364. 5uovetaurilia, 177. 5upplicatiolle5, 512-13, 679. sword, as emblem of justice, 738. Tabernae Novae, 487. Tarentum, 248. Tarpeian, the, 210, 733, 735. templum, 92, 378, 751, ten5ae, 726. Terminus, temple of, 210-1 I, 750. te55era h05pitali5, 560, 690. T(h)alassio, 69. Thalassocracics, 704 n. I. Tiberina Insula, 245, 364. Tiberinus Campus, 245. tigillum 50rorium, I 17. Tities, 8o; 5ee tribes. toga picta, 725-6.

INDEX III toga praetexta, 62.

torches, women armed with, 536 .

trabea, 164.

Transvectio equorum, 347-8, 587 n. 2.

trees, prophetic, 248; telling to, 439. lribes, 176, 292-3, 604; under Romulus, 8o; under Servius, I 75; see also Claudia, Clustumina, Publilia, Scaptia, Tromentina, Voturia. tribu movere, 573. tribunal, 482. tribunate, 294, 309 If., 325, 353, 366, 373, 44 6, 46 5, 494, 699; co-option, 514,55 1,647; veto, 539, 599. tribunate, consular, 539 If., 544, 584, 62 3,63 1,645,69 1.

Twelve Tables, 449-50, 452--3, 477, 4 81 , 4 86 , 499, 5° 1, 506 , 507, 521, 5 27, 582, 598. Urbius Clivus, 193. vacationes, 577. vadimonium, 416 If., 42 I.

tumultus, 604.

Velia, 250, 251. Venus Cloacina, 4 8 7. Venus Equatris, 268. Vertumnus, 674. Vesta, 730; temple, 724, 745. Vestal Virgins, 97-98, 722-4, 745. Vica Pota, 251-2. viearius, 669. Villa Publica, 570. vindieatio in libertatem, 4 8 3. vindieatio in servitutem, 4 8 2. Virbius, 193. vis armata, 225. vitium, 665. Volcanalia, 153. Voturia (tribe), 284.

Tuscae historiae, 703. Tuseus vieus, 269-7°. twelve Etruscan cities, league of, 705.

war, ancient attitude to, 688. winter-quarters, 633. wool-making, symbolism of, 222.

tribunus eelerum, 83. trinundinum, 459, 588.

triumph, 273, 679. iiiviri a.d.a., 393. iiiviri eoloniae deducendae, 549, 58 3.

Tromentina (tribe), 693.

INDEX IV

SYNTAX AND STYLE Carmen style, 101,

II I, 112, 115, 124, 4°3,4 15- 16 ,660,664. Military style, 302, 354, 389, 443, 682, 68 7. Prayer style, 426, 669, 675, 677.

ne nee = ne . •. neve, 537. neel aut . .. neque = neel ... aut . .. aut, 301. non modo = non modo non, 5.35.

perfect subjunctive (archal~), 93.

potest, quasi-impersonal, with act. inf., atque resumptive, 636.

Clausulae, 21 n. I, 264, 335, 389, 414, 4 8 5,7 14,7 19,. . eoepisse with passive mf., 292, 666. egredior with acc. 507. -ere and -erunt, 507, 638. et closing an enumeration of more than two members, 596. fu ture passive infinitive, 6o, 517. fu ture perfect (archaic), I I 2. . hie resumptive, 332; connective, 528. hyperbaton, 58, 162, 459, 666. introductions: type forte . . • tum . . . erat, 109, 243, 3 19, 327, 418'1686; type lueus erat ... quo . .. eum ueum, 1°3· is resumptive, 708. ne with imperative, 396.

814439

435·

proxima w!th ~e~., 3,20. quamvis With mdlcatIve, 335. -que after a short vowel, 320. quoque, position of, 246, 516, 595, .620.

repetition, sacral, 60, 78; unconscIOUS, 82. 6 6 6 ring construction, 72, 24. '. 2 I, 19. singular generic, in appositIOn to plural, 735· . . sine with subJunctive, 334. sub with acc. and abl., 374. tricolon with copula between second and third members, 393. ut aut . .. aut ut, 303. .. . -ve: expressing principa.l dISJu~~tIOn, 91; expressing subordmate disJunction, 30.

LATIN

INDEX V

LATIN ad arma, 424. adaeque, 599. adclarare, 93. adeste ... adeste, 375. aequo Marte, 337. agitare aures, 389. alienigenae, 416. amoliri, 678. apisci, 534. arae focique, 692. arma viri, 334. at enimvero, 645. at saltern, 78. augere caelestium numerum, 60. augustus, 60. aurora prima, 58. bene locatus, 348. bono animo esse, 163. bonum, faustum, felixque, 88. cadit ira, 335. cadit spes, 249. cadunt animi, 389. cedere nocti, 509. Celticum, 707. ciere bellum, 7 I 9. ciere pugnam, 77. clamor et concursus, 191. coemptionalis sen is, 524. cognominis, 7 I 3· commilitones, 375. compar, 67. compos patriae, 131. compos praeda, 522-3. comprimere, 48. condicere, 133. conficere, 522. confodire, 522. consciscere, 134. consentire (= adsentiri), 134. convallis, 78. corio, satisfieri de, 322. cottidie magis, 420. crastino die, 377. cratera, 689. culpa, 48. curare corpora, 397. cuspis, 562. damnare voti, 684. dare impetum, 287. decus ... praesidium, 165-6. de}igere with abl., I I 3.

defluere, 288. dehinc, 226. delenimentum, 612. deme terrorem, 78. demortuus, 697. deorum benignitate, virtute militum. describere, discribere, 165. . dicta dedit, 510. dicto audiens esse, 163, 636. discedite, 379. ductu et auspicio, 392. dum . .. ne, 433.

I I

g.

dfrenus, 587. egens, 249. ergo ego, 335. egregia stirpe, I 16. evidens, 744. excitus somno, 58. expetere, 107. exposcere pacem, 409. expugnare, 224. exsequi, 226. exsignare, 101. exsudare, 553. facesse hinc, 190. fas (as an invocation), 130. fatiloquus, 6o. fecisse videri, 373. felix (of the dead), 509. felix arbor, 682. ferro, igni, quacumque vi possim, 227. ferro via facienda est, 579. fidem sequi, 306. forsan, 486. fortes bellatores, 673. fortes et felices, 363. fremitus, 389. fulgent gladii, I 13. fundere etfugare, 307. gerere rem gladiis, 307. globus, 357. gravare, 57. hodieque = etiam hodie, 638. hodierna luce, 86. hosticus, 7°7. iam satis, 512. imaginarius, 474. imperitare, I 10. imus, infimus, 184.

incensus or infemus ira, 208. incertus animi, 58. increpare, I I g. indidem, 687. indiges, 42. infensus and infestus, 357, 548. infit, 108. infortunium, 202. ingerere, 389. ingruere, 675. inopinatus and necopinatus, 440. inter tela volantia, 78. intermiscere, 617. interpres deum, 60. intonare, 487. intutus, 730. ius fasque, 41. lacrimae obortae, 224. liberi (of a single child), 479. lucescere, 578. macte, 265. malum, 610. melius est, 474. meminisse horret animus, 329. metari, 72. miris modis, 22 I. moles belli, 278. moles mali, 718. morem gerere, 512. multa caedes, 579. multi mortales, 68. multus saepe, 4 I 9. ne = nae, 646. ne nunc = nedum nunc, 493. one ut, 532-3. nectitur dolus, 53-54. nedum ut, 422. nimio plus, 329. numen movere, 210. ob, 735. occidione occidere, 368. operae est, 662. operae pretium est audire, 441. ordines ducere, 375. os praebere, 59 I. otium terere, 22 I. pace loquor, 430. pernox, 690. perstringit horror, 113. popule (vocative), I I I . praeceps in volnus abire, 356. praeda, 302. praesens, 78. praestare, 377. pro deumfidem, 518.

procedit, 352. proceres, 357. prognatus, 16o. proloqui, 533. prosecare, 676. pudet deorum hominwnque, 430. purus, 134. qua . .. qua, 323. -que et, 168. quid ita, 341. quid si non, 537-8. quisque = quisquis, 109-10. quod = quoad, 93. quin = qui-ne (with indicative), 221. quomodo di volunt, 159. rapere exta, 676. rara acies, 357. redire ad se, 163. regiones, 92. reportare for referre, 406. resupinare, 562. Romane, cave, 664. salve parens, 86. satin salve, 224. scire licet, 158. sequius est, 329. si dis placet, 534. si sciens fa llo, 355. si semel, 673. siris, 131. somnis, in, 328. sonitusjlammae, 727. sordere, 575. sospitare, 86. spoliari et virgas expediri, 375· strenuus et fortis, 485, 535· sublimis abire, 144. sublimem rapere, 86. sublustris, 735. suggillari, 590. tantisper, 26. terra marique, 94· terricula, 646. tetricus, 9 I. turbatores belli, 274· tuta omnia, 223. ulcisci (pass.), 739· uno tenore, 348. ut adsolet, 664· ut fere fit, 188. ut quando, 663. ut(i) (introducing a prayer), 93· vacuum . .. facere, 188.

772 vadere, 58. velitis iubeatis, 187. veridicus, 60. vestigia, 224. victoria dari, 663. videlicet, 237.

INDEX V vi viamfaciunt, 594. viden, videsne, 158. vinctus somno, 729. vir, 224. vocare in partem praedae, 675. volens propitius, 86.

INDEX VI

AUTHORS AND PASSAGES (a) Literary Anon., de Viris Illustribus 14. 6: 366. Appian, B.C. I. 21: 514. Asconius, in Mil. 31-32 Clark: 418. Caesar, B.G. I. I. I: 707. L. Calpurnius Piso, fr. 25 P.: 657. Cato fr. 58 P.: 280. Cicero: pro Balbo 32: 714. 53: 320. de Domo I : 385. 12 3-5: 343· Phil. 9. 4-5: 558-9. Tusc. Disp. 3. 81: 635. de Rep. 2.40: 170. 2.60: 338. ad Fam. 9. 21. 2: 546. ad Q.F. I. I. 4: 162. L. Cincius Alimentus: ap. Festus 276 L.: 399-400. ap. Aul. Gell. 16.4. I: 135. Q. Claudius Quadrigarius ap. Aul. Gell. 9. 13: 323. Diodorus Siculus: I I. 68. 7: 309. II. 68. 8: 382. I I. 88. I: 438. 12.23. I: 456. 12.31. I: 580. 12. 76.4: 580. 14. 97. I: 686. 14· 102: 693. 14. 11 7:736 . Dionysius of Halicarnassus : 3. 29· 7: 122, 606. 3· 56: 153· 4.3°: 18 9. 4· 45· 4: 201. 4. 7 1 : 227· 5. 61: 280, 322. 6·95: 3 17. 6.92: 320. 7.68: 328. 8. 14-36: 331. 8. 89· 4: 349· 8. 91. I: 350. 9· 2: 350. 9. 69· 2: 4 I I. 10.2.4: 416. 10. 26. 2: 350. I I. 16. 4: 472. 12·9: 657·

Ennius 196 V.: 738. Epicurus, K . .1. 33: 688. Festus: 160 L.: 296. 166L·:3 17· 180 L.: 339. 208 L.: 476. 216L.:281. 380 L.: 680. 426 L.: 535. 500 L.: 696. Homer, Iliad: 3.15 ff.: 286. 4· 220 ff.: 357· I I. 252 ff.: 579. 15· 1-2: 357· Horace: Odes, 3. 30. 8-9: 520. Sat. I. 2. 37: 352. Epist. I. 5. 4-6: 580. Justin: 20. 52. 4-8: 702. 24· 4: 702 . Livy: 7· 5· 9: 540. 10. 22. I: 391. 10. 37. 14: 27 8 . 2 I. 26. 3: 7 I I. 22. I. 20: 290. 22. 6. 3: 562 . 24· 5· 5: 4 6 3. 26.48. 14: 444. 27. II. 2: 139. 29.2. I I : 391. 30. I. 9: 391. 30. 10. 12: 361. 32. 17. 8 : 307. 33.8.6: 184. 33· 37· 6: 7 14. Lucretius: I. 289: 466. 3.451-4: 668. Ovid: Amores 3. 14: 225· Fasti 2. 200 ff.: 363 ff. 2. 223-4: 365. 2.811: 223. PaWlanias, 10. 16. 7: 689.

774

INDEX VI Terence: Heaut. 281-4: 222. Phormio 231-3: 119. Theocritus, Idyll. 15. 28~29: 188. Thucydides: I. 13. 6: 71 I. 2.7.2: 580. 6.104.2: 712. Timagenes F 2 Jacoby: 710, 71 I, 712.

Petronius: Sat. 124: 587. Eleg. 28: 486. Plato: Phaedo 60 b: 637. Laws 952 e: 639: Plautus: Amph. 2 I 2 fr.: 389. 25 8-9: 154· Rudens 63 1 : 329. 1269 fr.: 133-4. Pliny, N.H.: 18. 15: 556. 33· 45: 17 2 • 34. 13: 698 . Polybius: 2. 17.4: 7 13. 3. 22. I I: 318. Pomponius, Dig. I. 2. 2.4: 507. Sallust, Hist. 3. 48 M.: 8. Seneca, de Benif. 2. 18.6: 341. Serenus Sammonicus, ap. Macrobius, 3· 9· 6: 674-5· Tacitus, Annals, 14.3°. I: 586.

Valerius Antias ap. Pliny, N.H. 28.15: 21 I. Valerius Maximus: 5. 8 . 2 : 339· 9· 9· 3: 559· Varro, de Ling. Lat.: 5· 81: 541. 5· 83: 391. 6.7: 218 . 7.2: 218. 7· 8: 92 • 7· 105: 29 6 . Virgil, Aeneid: 2. 241 fr.: 675. 2.486 fr.: 120. 8. 72-73: 260. 9. 186 fr.: 263. 9· 590 fr.: 354·

(b) Non-literary G.I.L.: p. 55: 601. p. 23 1 : 588. 2 1 .2. I : 211. 14· 3236: 731. Dessau, I.L.S.: 12 9: 210. 4318: 210. I'. I,

Oscan Law of Bantia: 176. B.G.H. 35(1911), 149: 689. B.G.U. 61 I: 386. Noti:::. Scavi, 1928, 392: 658. Studi e Materia/i, 30 (1959), 109fr.: 289. Studi Etrusehi, 21 (1950), 147 fr.: 704. Weege, Vase. Camp. Inser. Ital. 22: 591.