When news of this result was brought to Cirta, the Italians, XXVI. The Italians] Italici. See c. 21. by whose exertions the city had been defended, and who trusted that, if a surrender were made, they would be able, from respect to the greatness of the Roman power, to escape without personal injury, advised Adherbal to deliver himself and t:he city to Jugurtha, stipulating only that his life should be spared, and leaving all other matters to the care of the senate. Adherbal, though he thought nothing less trustworthy than the honor of Jugurtha, yet, knowing that those who advised could also compel him if he resisted, surrendered the place according to their desire. Jugurtha immediately proceeded to put Adherbal to death with torture, and massacred all the inhabitants that were of age, whether Numidians or Italians, as each fell in the way of his troops. When this outrage was reported at Rome, and became a matter of discussion in the senate, the former partisans of Jugurtha applied themselves, by interrupting the debates and protracting the time, sometimes exerting their interest, and sometimes quarreling with particular members, to palliate the atrocity of the deed. And had not Caius Memmius, one of the tribunes of the people elect, a man of energy, and hostile to the power of the nobility, convinced the people of Rome that an attempt was being made, by the agency of a small faction, to have the crimes of Jugurtha pardoned, it is certain that the public indignation against him would have passed off under the protraction of the debates; so powerful was party interest, and the influence of Jugurtha's money. When the senate, however, from consciousness of misconduct, became afraid of the people, Numidia and Italy, by the Sempronian law, XXVII. By the Sempronian law] Lege Semproniâ. This was the Lex Sempronia de Provinciis. In the early ages of the republic, the provinces were decreed by the senate to the consuls after they were elected; but by this law, passed A.U.C. 631, the senate fixed on two provinces for the future consuls before their election (Cic. Pro Dom., 9; De Prov. Cons., 2), which they, after entering on their office, divided between themselves by lot or agreement. The law was passed by Caius Gracchus. See Adam's Rom. Antiq., p. 105. were appointed as provinces to the succeeding consuls, who were declared to be Publius Scipio Nasica, Publius Scipio Nasica] "The great-grandson of him who was pronounced by the senate to be vir optimus; and son of him who, though holding no office at the time, took part in putting to death Tiberius Gracchus. He was "consul with Bestia, A.U.C. 643, and died in his consulship. Cic. Brut., 34." Bernouf. and Lucius Bestia Calpurnius. Lucius Bestia Calpurnius] "He had been on the side of the nobility against the Gracchi, and was therefore in favor with the senate. After his consulship he was accused and condemned by the Mamilian law (c. 40), for having received money from Jugurtha, Cic. Brut. c. 34. De Brosses thinks that he was the grandfather of that Bestia who was engaged in the conspiracy of Catiline." Bernouf. Numidia fell to Calpurnius, and Italy to Scipio. An army was then raised to be sent into Africa; and pay, and all other necessaries of war, were decreed for its use. When Jugurtha received this news, which was utterly at variance with his expectations, as he had felt convinced that all things were purchasable at Rome, he sent his son, with two of his friends, as deputies to the senate, and directed them, like those whom he had sent on the murder of Hiempsal, to attack every body with bribes. Upon the approach of these deputies to Rome, the senate was consulted by Bestia, whether they would allow them to be admitted within the gates; and the senate decreed, " that, unless they came to surrender Jugurtha's kingdom and himself, they must quit Italy within the ten following days." The consul directed this decree to be communicated to the Numidians, who consequently returned home without effecting their object. Calpurnius, in the mean time, having raised an army, chose for his officers men of family and intrigue, hoping that whatever faults he might commit, would be screened by their influence; and among these was Scaurus, of whose disposition and character we have already spoken. There were, indeed, in our consul Calpurnius, many excellent qualities, both mental and personal, though avarice interfered with the exercise of them; he was patient of labor, of a penetrating intellect, of great foresight, not inexperienced in war, and extremely vigilant against danger and surprise. The troops were conducted through Italy to Rhegium, from thence to Sicily, and from Sicily into Africa; and Calpurnius's first step, after collecting provisions, was to invade Numidia with spirit, where he took many prisoners, and several towns, by force of arms. But when Jugurtha began, through his emissaries, to tempt him with bribes, and to show the difficulties of the war which he had undertaken to conduct, his mind, corrupted with avarice, was easily altered. His accomplice, however, and manager in all his schemes, was Scaurus; who, though he had at first, when most of his party were corrupted, displayed violent hostility to Jugurtha, yet was afterward seduced, by a vast sum of money, from integrity and honor to injustice and perfidy-Jugurtha, however, at first sought only to purchase a suspension of hostilities, expecting to be able, during the interval, to make some favorable impression, either by bribery or by interest, at Rome; but when he heard that Scaurus was co-operating with Calpurnius, he was elated with great hopes of regaining peace, and resolved upon a conference with them in person respecting the terms of it. In the mean time, for the sake of giving confidence XXIX. For the sake of giving confidence] Fidei causâ. "In order that Jugurtha might have confidence in Bestia, Sextius the quæstor was sent as a sort of hostage into one of Jugurtha's towns." Cortius. to Jugurtha, Sextus the quæstor was dispatched by the consul to Vaga, one of the prince's towns; the pretext for his journey being the receiving of corn, which Calpurnius had openly demanded from Jugurtha's emissaries, on the ground that a truce was observed through their delay to make a surrender. Jugurtha then, as he had determined, paid a visit to the consul's camp, where, having made a short address to the council, respecting the odium cast upon his conduct, and his desire for a capitulation, he arranged other matters with Bestia and Scaurus in secret; and the next day, as if by an evident majority of voices, As if by an evident majority of voices] Quasi per saturam exquisitis sententiis. "The opinions being taken in a confused manner," or, as we say, in the lump. The sense manifestly is, that there was (or was said to be) such a preponderating majority in Jugurtha's favor, that it was not necessary to ask the opinion of each individual in order. Satura , which some think to be always an adjective, with lanx understood, though lanx, according to Scheller, is never found joined with it in ancient authors, was a plate filled with various kinds of fruit, such as was annually offered to the gods. "Lanx plena diversis frugibus in templum Cereris infertur, quæ satura nomine appellatur," Acron. ad Hor. Sat i. 1, init. "Lanx, referta variis multisque primitiis, sacris Cereris inferebatur," Diomed., iii. p. 483. "Satura, cibi genus ex variis rebus conditum," Festus sub voce. See Casaubon. de Rom. Satirâ, ii. 4; Kritzius ad h. 1., and Scheller's Lex. v., Satur. In the Pref. to Justinian's Pandects, that work is called opus sparsim et quasi per saturam collectum, utile cum inutilibus mixtim. he was formally allowed to surrender. But, as was demanded in the hearing of the council, thirty elephants, a considerable number of cattle and horses, and a small sum of money, were delivered into the hands of the quæstor. Calpurnius then returned to Rome to preside at the election of magistrates, To preside at the election of magistrates] Ad magistratus rogandos. The presiding magistrate had to ask the consent of the people, saying Velitis, jubeatis—rogo Quirites. and peace was observed throughout Numidia and the Roman army. When rumor had made known the affairs transacted in Africa, and the mode in which they had been brought to pass, the conduct of the consul became a subject of discussion in every place and company at Rome. Among the people there was violent indignation; as to the senators, whether they would ratify so flagitious a proceeding, or annul the act of the consul, was a matter of doubt. The influence of Scaurus, as he was said to be the supporter and accomplice of Bestia, was what chiefly restrained the senate from acting with justice and honor. But Caius Memmius, of whose boldness of spirit, and hatred to the power of the nobility, I have already spoken, excited the people by his harangues, during the perplexity and delay of the senators, to take vengeance on the authors of the treaty; he exhorted them not to abandon the public interest or their own liberty; he set before them the many tyrannical and violent proceedings of the nobles, and omitted no art to inflame the popular passions. But as the eloquence of Memmius, at that period, had great reputation and influence I have thought proper to give in full XXX. To give in full] Perscribere. "To write at length." The reader might suppose, at first, that Sallust transcribed this speech from some publication; but in that case, as Burnouf observes, he would rather have said exscribere. Besides, the following hujuscemodi shows that Sallust did not profess to give the exact words of Memmius. And the speech is throughout marked with Sallustian phraseology. "The commencement of it, there is little doubt, is imitated from Cato, of whose speech De Lusitanis the following fragment is extant in Aul. Gell. xiii. 24: Multa me dehortata sunt huc prodire, anni, œtas, vox vires, senectus." Kritzius. one out of many of his speeches; and I take, in preference to others, that which he delivered in the assembly of the people, after the return of Bestia, in words to the following effect: