There was at this period in Rome a certain Numidian named Massiva, a son of Gulussa and grandson of Masinissa, who, from having been, in the dissensions among the princes, opposed to Jugurtha, had been obliged, after the surrender of Cirta and the murder of Adherbal, to make his escape out of Africa. Spurius Albinus, who was consul with Quintus Minucius Rufus the year after Bestia, prevailed upon this man, as he was of the family of Masinissa, and as odium and terror hung over Jugurtha for his crimes, to petition the senate for the kingdom of Numidia. Albinus,being eager for the conduct of a war, was desirous that affairs should be disturbed, XXXV. Should be disturbed] Movere is the reading of Cortius; moveri that of most other editors, in conformity with most of the MSS. and early editions. rather than sink into tranquillity; especially as, in the division of the provinces, Numidia had fallen to himself, and Macedonia to Minucius. When Massiva proceeded to carry these suggestions into execution, Jugurtha, finding that he had no sufficient support in his friends, as a sense of guilt deterred some, and evil report or timidity others, from coming forward in his behalf, directed Bomilcar, his most attached and faithful adherent, to procure by the aid of money, by which he had already effected so much, assassins to kill Massiva; and to do it secretly if he could; but, if secrecy should be impossible, to cut him off' in any way whatsoever. This commission Bomilcar soon found means to execute; and, by the agency of men versed in such service, ascertained the direction of his journeys, his hours of leaving home, and the times at which he resorted to particular places, The times at which he resorted to particular places] Loca atque temrora cuncta. "All his places and times." There can be no doubt that the sense is what I have given in the text. and, when all was ready, placed his assassins in ambush. One of their number sprung upon Massiva, though with too little caution, and killed him; but being himself caught, he made, at the instigation of many, and especially of Albinus the consul, a full confession. Bomilcar was accordingly committed for trial, though rather on the principles of reason and justice than in accordance with the law of nations, In accordance with the law of nations, etc.] As the public faith had been pledged to Jugurtha for his security, his retinue was on the same footing as that of embassadors, the persons of whose attendants are considered as inviolable as their own, as long as they commit no offense against the laws of the country in which they are resident. If any such offense is committed by an attendant of an embassador, an application is usually made by the government to the embassador to deliver him up for trial. Bomilcar seems to have been apprehended without any application having been made to Jugurtha; as, in our own country, the Portuguese embassador's brother, who was one of his retinue, was apprehended and executed for a murder, by Oliver Cromwell. See, on this point, Grotius De Jure Bell. et Pac., xviii. 8; Vattel, iv. 9; Burlamaqui on Politic Law, part iv. ch. 15. Jugurtha, says Vattel, should have given up Bomilcar; but such was not Jugurtha's object. as he was in the retinue of one who had come to Rome on a pledge of the public faith for his safety. But Jugurtha, though clearly guilty of the crime, did not cease to struggle against the truth, until he perceived that the infamy of the deed was too strong for his interest or his money. For which reason, although, at the commencement of the proceedings, At the commencement of the proceedings] In priori actione. That is, when Bomilcar was apprehended and charged with the murder. he had given fifty of his friends as bail for Bomilcar, yet, thinking more of his kingdom than of the sureties, he sent him off privately into Numidia; for he feared that if such a man should be executed, his other subjects would be deterred from obeying him. His other subjects would be deterred from obeying him] Reliquos popularis metus invaderet parendi sibi. "Fear of obeying him should take possession of his other subjects." A few days after, he himself departed, having been ordered by the senate to quit Italy. But, as he was going from Rome, he is said, after frequently looking back on it in silence, to have at last exclaimed, "That it was a venal city, and would soon perish, if it could but find a purchaser !" That it was a venal city, etc.] Urbem venalem, etc. I consider, with Cortius, that this is the proper way of taking these words. Some would render them O venal city, etc., because Livy, Epit. lxiv., has O urbem venalem , but this seems to require that the verb should be in the second person; and it is probable that in Livy we should either eject the "O" or read inveneris. Florus, iii. 1, gives the words in the same way as Sallust. The war being now renewed, Albinus hastened to transport provisions, money, and other things necessary for the army, into Africa, whither he himself soon followed, with the hope that, before the time of the comitia, which was not far distant, he might be able, by an engagement, by capitulation, or by some other method, to bring the contest to a conclusion. Jugurtha, on the other hand, tried every means of protracting the war, continually inventing new causes for delay; at one time he promised to surrender, at another he feigned distrust; he retreated when Albinus attacked him, and then, lest his men should lose courage, attacked in return, and thus amused the consul with alternate procrastinations of war and of peace. There were some, at that time, who thought that Albinus understood Jugurtha's object, and who believed that so ready a protraction of the war, after so much haste at the commencement, was to be attributed less to tardiness than to treachery. However this might be, Albinus, when time passed on, and the day of the comitia approached, left his brother Aulus in the camp as proprætor, XXXVI. As proprætor] Pro prœtore. With the power of lieutenant-general. and returned to Rome. The republic, at this time was grievously distracted by the contentions of the tribunes. Two of them, Publius Lucullus and Lucius Annius, were struggling against the will of their colleagues, to prolong their term of office; and this dispute put off the comitia throughout the year. XXXVII. Throughout the year] Totius anni. That is, all that remained of the year. In consequence of this delay, Aulus, who, as I have just said, was left as proprætor in the camp, conceiving hopes either of finishing the war, or of extorting money from Jugurtha by the terror of his army, drew out his troops in the month of January, from their winter-quarters into the field, and by forced marches, during severe weather, made his way to the town of Suthul, where Jugurtha's treasures were deposited. And though this place, both from the inclemency of the season, and from its advantageous situation, could neither be taken nor besieged; for around its walls, which were built on the edge of a steep hill, On the edge of a steep hill] In prærupti montis extremo. " In extremo a scholiast rightly interprets in margine, Gerlach. Cortius, whom Langius follows, considers that in extremo means at the bottom; a notion which Kritzius justly condemns; for, as Gerlach asks, what would that have to do with the strength of the place ? Müller would have us believe that in extremo means at the top; but if Sallust had meant to say that the city was at the top, he would hardly have chosen the word extremus for the purpose. Doubtless, as Gerlach observes, the city was on the top of the hill, which was broad enough to hold it; but the words in extremo signify that the walls were even with the side of the hill. Of the site of the town of Suthul no traces are now to be found. a marshy plain, flooded by the rains of winter, had been converted into a lake; yet Aulus, either as a feint to strike terror into Jugurtha, or blinded by avarice, began to move forward his vineæ, Vineæ] Defenses made of hurdles or other wood, and often covered with raw hides, to defend the soldies who worked the battering-ram. Tho word that comes nearest to vineœ in our language is mantelets. Before this word, in many editions, occurs the phrase ob thesauros oppidi potiundi, which Cortius, whom I follow, omits. to cast up a rampart, and to hasten all necessary preparations for a siege. Jugurtha, seeing the proprætor's vanity and ignorance, artfully strengthened his infatuation; he sent him, from time to time, deputies with submissive messages, while he himself, as if desirous to escape, led his army away through woody defiles and cross-roads. At length he succeeded in alluring Aulus, by the prospect of a surrender on conditions, to leave Suthul, and pursue him, as if in full retreat, into the remoter parts of the country. Meanwhile, by means of skillful emissaries, he tampered night and day with our men, and prevailed on some of the officers, both of infantry and cavalry, to desert to him at once, and upon others to quit their posts at a given signal, that their defection might thus be less observed. XXXVIII. That their defection might thus be less observed] Ita delicta occultiora fore. Cortius transferred these words to this place from the end of the preceding sentence; Kritzius and Dietsch have restored them to their former place. Gerlach thinks them an intruded gloss. Having prepared matters according to his wishes, he suddenly surrounded the camp of Aulus, in the dead of night, with a vast body of Numidians. The Roman soldiers were alarmed with an unusual disturbance; some of them seized their arms, others hid themselves, others encouraged those that were afraid; but consternation prevailed every where ; for the number of the enemy was great, the sky was thick with clouds and darkness, the danger was indiscernible, and it was uncertain whether it were safer to flee or to remain. Of those whom I have just mentioned as being bribed, one cohort of Ligurians, with two troops of Thracian horse, and a few common soldiers, went over to Jugurtha; and the chief centurion The chief centurion] Centurio primi pili. There were sixty centurions in a Roman legion; the one here meant was the first, or oldest, centurior of the Triarii, or Pilani. of the third legion allowed the enemy an entrance at the very post which he had been appointed to defend, and at which all the Numidians poured into the camp. Our men fled disgracefully, the greater part having thrown away their arms, and took possession of a neighboring hill. Night, and the spoils of the camp, prevented the enemy from making full use of this victory. On the following day, Jugurtha, coming to a conference with Aulus, told him, " that though he held him hemmed in by famine and the sword, yet that, being mindful of human vicissitudes, he would, if they would make a treaty with him, allow them to depart uninjured; only that they must pass under the yoke, and quit Numidia within ten days." These terms were severe and ignominious; but, as death was the alternative, As death was the alternative] Quia mortis metu mutabant. Neither manuscripts nor critics are agreed about this passage. Cortius, from a suggestion of Palmerius, adopted mutabant; most other editors have mutabantur; but both are to be taken in the same sense; for mutabant is equivalent to mutabant se. Cortius's interpretation appears the most eligible: "Permutabantur cum metuendâ morte," i.e. there were those conditions on one side, and death on the other, and if they did not accept the conditions, they must die. Kritzius fancifully and strangely interprets, propter mortis metum se mutabant, i.e., alia videbantur atque erant, or the acceptance of the terms appeared excusable to the soldiers, because they were threatened with death if they did not accept them. It is worth while to notice the variety of readings exhibited in the manuscripts collated by Cortius: ten exhibit mutabantur; three, minitabantur; three, multabantur; three, tenebantur; one, tenebatur; one, cogebantur; one, cogebatur; one, angustiabantur; one, urgebantur; and one, mortis metuebant pericula. There is also, he adds, in some copies, nutabant, which the Bipont editors and Müller absurdly adopted. peace was concluded as Jugurtha desired.