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with him the force which he had raised, set out in a few days for the province of Africa, where the whole army, being withdrawn, according to the agreement, from Numidia, had gone into winter-quarters.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. The prevalence of parties among the people, and of factions in the senate, and of all evil practices attendant on them, had its origin at Rome, a few years before, during a period of tranquillity, and amid the abundance of all that mankind regarded as desirable. For, before the destruction of Carthage, the senate and people managed the affairs of the republic with mutual moderation and forbearance; there were no contests among the citizens for honor or ascendency; but the dread of an enemy kept the state in order. When that fear, however, was removed from their minds, licentiousness and pride, evils which prosperity loves to foster, immediately began to prevail; and thus peace, which they had so eagerly desired in adversity, proved, when they had obtained it, more grievous and fatal than adversity itself. The patricians carried their authority, and the people their liberty, to excess; every man took, snatched, and seized XLI. Took, snatched, and seized] Ducere, trahere, rapere. " Ducere conveys the notion of cunning and fraud; trahere of some degree of force; rapere of open violence." Müller. The words chiefly refer to offices in the state, as is apparent from what follows. what he could. There was a complete division into two factions, and the republic was torn in pieces between them. Yet the nobility still maintained an ascendency by conspiring together; for the strength of the people, being disunited and dispersed among a multitude, was less able to exert itself. Things were accordingly directed, both at home and in the field, by the will of a small number of men, at whose disposal were the treasury, the provinces, offices, honors, and triumphs; while the people were oppressed with military service and with poverty, and the generals divided the spoils of war with a few of their friends. The parents and children of the soldiers, The parents and children of the soldiers, etc.] Quid quod usque proximos Revellis agri terminos, et ultra Limites clientium Salis avarus? Pellitur paternos In sinu ferens deos Et uxor et vir, sordidosque natos. Hor. Od., ii. 18. What can this impious av'rice stay ? Their sacred landmarks torn away, You plunge into your neighbor's grounds, And overleap your client's bounds, Helpless the wife and husband flee And in their arms, expell'd by thee, Their household gods, adored in vain, Their infants, too, a sordid train. Francis. meantime, if they chanced to dwell near a powerful neighbor, were driven from their homes. Thus avarice, leagued with power, disturbed, violated, and wasted every thing, without moderation or restraint; disregarding alike reason and religion, and rushing headlong, as it were, to its own destruction. For whenever any arose among the nobility, Among the nobility] Ex nobilitate. Cortius injudiciously omits those words. The reference is to the Gracchi. who preferred true glory to unjust power, the state was immediately in a tumult, and civil discord spread with as much disturbance as attends a convulsion of the earth. Thus when Tiberius and Caius Gracchus, whose forefathers had done much to increase the power of the state in the Punic and other wars, began to vindicate the liberty of the people, and to expose the misconduct of the few, the nobility, conscious of guilt, and seized with alarm, endeavored, sometimes by means of the allies and Latins, By means of the allies and Latins] See on, c. 40. and sometimes by means of the equestrian order, whom the hope of coalition with the patricians had detached from the people, to put a stop to the proceedings of the Gracchi; and first they killed Tiberius, and a few years after Caius, who pursued the same measures as his brother, the one when he was tribune, and the other when he was one of a triumvirate for settling colonies; and with them they cut off Marcus Fulvius Flaccus. In the Gracchi, indeed, it must be allowed that, from their ardor for victory, there was not sufficient prudence. But to a reasonable man it is more agreeable to submit But to a reasonable man it is more agreeable to submit, etc.] Sed bono vinci satius est, quám malo more injuriam vincere. Bono, sc. viro. "That is, if the nobility had been truly worthy characters, they would rather have yielded to the Gracchi, than have revenged any wrong that they had received frem them in an unprincipled manner." Dietsch. Thus this is a reflection on the nobles; in which notion of the passage Allen concurs with Dietsch. Others, as Cortius, think it a reflection on the too great violence of the Gracchi. The brevity with which Sallust had expressed himself makes it difficult to decide. Kritzius, who thinks that the remark is in praise of the Gracchi, supplies the ellipse thus: "Sane concedi debet Gracchis non satis moderatum animum fuisse; quœ res ipsis adeo interitum attulit; sed sic quoque egregii viri putandi sunt; nam bono vinci," etc. Langius and Burnouf join bono with more, but do not differ much in their interpretations of the passage from that given by Dietsch. to injustice than to triumph over it by improper means. The nobility, however, using their victory with wanton extravagance, exterminated numbers of men by the sword or by exile, yet rather increased, for the time to come, the dread with which they were regarded, than their real power. Such proceedings have often ruined powerful states; for of two parties, each strives to suppress the other by any means whatever, and take vengeance with undue severity on the vanquished. But were I to attempt to treat of the animosities of parties, and of the morals of the state, with minuteness of detail, and suitably to the vastness of the subject, time would fail me sooner than matter. I therefore return to my subject.