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. When this affair was made known at Rome, consternation and dismay pervaded the city; some were concerned for the glory of the republic; others, ignorant of war, trembled for their liberty. But all were indignant at Aulus, and especially those who had been distinguished in the field, because, with arms in his hands, he had sought safety in disgrace rather than in resistance. The consul Albinus, apprehending, from the delinquency of his brother, odium and danger to himself, consulted the senate on the treaty which had been made, but, at the same time, raised recruits for the army, sent for auxiliaries to the allies and Latins, and made general preparations for war. The senate, as was just, decreed, "that no treaty could be made without their own consent and that of the people." The consul, though he was hindered by the influence of the tribunes from taking with him the force which he had raised, set out in a few days for the province of Africa, where the whole army, being withdrawn, according to the agreement, from Numidia, had gone into winter-quarters. When he arrived there, although he longed to pursue Jugurtha, and diminish the odium that had fallen on his brother, yet, when he saw the state of the troops, whom, besides the flight and relaxation of discipline, licentiousness, and debauchery had corrupted, he determined, under all the circumstances of the case, XXXIX. Under all the circumstances of the case] Ex copiâ rerum. From the number of things which he had to consider. to attempt nothing. At Rome, in the mean time, Caius Mamilius Limetanus, one of the tribunes, proposed that the people should pass a bill for instituting an inquiry into the conduct of those by whose influence Jugurtha had set at naught the decrees of the senate, as well as of those who, whether as embassadors or commanders, had received money from him, or who had restored to him his elephants and deserters, or had made any compacts with the enemy relative to peace or war. To this bill some, who were conscious of guilt, and, others, who apprehended danger from the jealousy of parties, secretly raised obstructions through the agency of friends, and especially of men among the Latins and Italian allies, XL. The Latins and Italian allies] Per homines nominis Latini, et socios Italicos. "The right of voting was not extended to all the Latin people till A.U.C. 664, and the Italian allies did not obtain it till some years afterward." Kritzius. So that at this period, which was twenty years earlier, their influence could only be employed in an underhand way. Compare c. 42. since they could not openly resist it, without admitting that these and similar practices met their approbation. But as to the people, it is incredible what eagerness they displayed, and with what spirit they approved, voted, and passed the bill, though rather from hatred to the nobility, against whom these severe measures were directed, than from concern for the republic; so violent was the fury of party. While the rest of the delinquents were in trepidation, Marcus Scaurus, Marcus Scaurus] See c. 15. That he was appointed on this occasion, is an evident proof of his commanding influence. whom I have previously noticed as Bestia's lieutenant, contrived, amid the exultation of the populace, the dismay of his own party, and the continued agitation in the city, to have himself elected one of the three commissioners who were appointed by the bill of Mamilius to carry it into execution. But the investigation, notwithstanding, was conducted But the investigation, notwithstanding, was conducted, etc.] Sed quœstio exercita, etc. Scaurus, it is probable, did what he could to mitigate the violence of the proceedings. Cicero, however, says that Caius Galba, a sacerdos, with four consulares, Bestia, Caius Cato, Albinus, and Opimius, were condemned and exiled by this law of Mamilius. See Brut., c. 34. with great rigor and violence, under the influence of common rumor and popular caprice; for the insolence of success, which had often distinguished the nobility, on this occasion characterized the people.