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20. That same year Tacfarinas who had been defeated, as I have related, by Camillus in the previous summer, renewed hostilities in Africa, first by mere desultory raids, so swift as to be unpunished; next, by destroying villages and carrying off plunder wholesale. Finally, he hemmed in a Roman cohort near the river Pagyda. The position was commanded by Decrius, a soldier energetic in action and experienced in war, who regarded the siege as a disgrace. Cheering on his men to offer battle in the open plain, he drew up his line in front of his intrenchments. At the first shock, the cohort was driven back, upon which he threw himself fearlessly amid the missiles in the path of the fugitives and cried shame on the standard-bearers for letting Roman soldiers show their backs to a rabble of deserters. At the same moment he was covered with wounds, and though pierced through the eye, he resolutely faced the enemy and ceased not to fight till he fell deserted by his men.
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20. Eodem anno Tacfarinas, quem priore aestate pulsum a Camillo memoravi, bellum in Africa renovat, vagis primum populationibus et ob pernicitatem inultis, dein vicos excindere, trahere gravis praedas; postremo haud procul Pagyda flumine cohortem Romanam circumsedit. praeerat castello Decrius impiger manu, exercitus militia et illam obsidionem flagitii ratus. is cohortatus milites, ut copiam pugnae in aperto faceret aciem pro castris instruit. primoque impetu pulsa cohorte promptus inter tela occursat fugientibus, increpat signiferos quod inconditis aut desertoribus miles Romanus terga daret; simul exceptat vulnera et quamquam transfosso oculo adversum os in hostem intendit neque proelium omisit donec desertus suis caderet.
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21. On receiving this information, Lucius Apronius, successor to Camillus, alarmed more by the dishonour of his own men than by the glory of the enemy, ventured on a deed quite exceptional at that time and derived from old tradition. He flogged to death every tenth man drawn by lot from the disgraced cohort. So beneficial was this rigour that a detachment of veterans, numbering not more than five hundred, routed those same troops of Tacfarinas on their attacking a fortress named Thala. In this engagement Rufus Helvius, a common soldier, won the honour of saving a citizen's life, and was rewarded by Apronius with a neck-chain and a spear. To these the emperor added the civic crown, complaining, but without anger, that Apronius had not used his right as proconsul to bestow this further distinction. Tacfarinas, however, finding that the Numidians were cowed and had a horror of siege-operations, pursued a desultory warfare, retreating when he was pressed, and then again hanging on his enemy's rear. While the barbarian continued these tactics, he could safely insult the baffled and exhausted Romans. But when he marched away towards the coast and, hampered with booty, fixed himself in a regular camp, Caesianus was despatched by his father Apronius with some cavalry and auxiliary infantry, reinforced by the most active of the legionaries, and, after a successful battle with the Numidians, drove them into the desert.
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21. Quae postquam L. Apronio (nam Camillo successerat) comperta, magis dedecore suorum quam gloria hostis anxius, raro ea tempestate et e vetere memoria facinore decumum quemque ignominiosae cohortis sorte ductos fusti necat. tantumque severitate profectum ut vexillum veteranorum, non amplius quingenti numero, easdem Tacfarinatis copias praesidium cui Thala nomen adgressas fuderint. quo proelio Rufus Helvius gregarius miles servati civis decus rettulit donatusque est ab Apronio torquibus et hasta. Caesar addidit civicam coronam, quod non eam quoque Apronius iure proconsulis tribuisset questus magis quam offensus. sed Tacfarinas perculsis Numidis et obsidia aspernantibus spargit bellum, ubi instaretur cedens ac rursum in terga remeans. et dum ea ratio barbaro fuit, inritum fessumque Romanum impune ludificabatur: postquam deflexit ad maritimos locos, inligatus praeda stativis castris adhaerebat, missu patris Apronius Caesianus cum equite et cohortibus auxiliariis, quis velocissimos legionum addiderat, prosperam adversum Numidas pugnam facit pellitque in deserta.
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22. At Rome meanwhile Lepida, who beside the glory of being one of the Aemilii was the great-granddaughter of Lucius Sulla and Cneius Pompeius, was accused of pretending to be a mother by Publius Quirinus, a rich and childless man. Then, too, there were charges of adulteries, of poisonings, and of inquiries made through astrologers concerning the imperial house. The accused was defended by her brother Manius Lepidus. Quirinus by his relentless enmity even after his divorce, had procured for her some sympathy, infamous and guilty as she was. One could not easily perceive the emperor's feelings at her trial; so effectually did he interchange and blend the outward signs of resentment and compassion. He first begged the Senate not to deal with the charges of treason, and subsequently induced Marcus Servilius, an ex-consul, to divulge what he had seemingly wished to suppress. He also handed over to the consuls Lepida's slaves, who were in military custody, but would not allow them to be examined by torture on matters referring to his own family. Drusus too, the consul-elect, he released from the necessity of having to speak first to the question. Some thought this a gracious act, done to save the rest of the Senators from a compulsory assent, while others ascribed it to malignity, on the ground that he would have yielded only where there was a necessity of condemning.
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22. At Romae Lepida, cui super Aemiliorum decus L. Sulla et Cn. Pompeius proavi erant, defertur simulavisse partum ex P. Quirinio divite atque orbo. adiciebantur adulteria venena quaesitumque per Chaldaeos in domum Caesaris, defendente ream Manio Lepido fratre. Quirinius post dictum repudium ad huc infensus quamvis infami ac nocenti miserationem addiderat. haud facile quis dispexerit illa in cognitione mentem principis: adeo vertit ac miscuit irae et clementiae signa. deprecatus primo senatum ne maiestatis crimina tractarentur, mox M. Servilium e consularibus aliosque testis inlexit ad proferenda quae velut reicere voluerat. idemque servos Lepidae, cum militari custodia haberentur, transtulit ad consules neque per tormenta interrogari passus est de iis quae ad domum suam pertinerent. exemit etiam Drusum consulem designatum dicendae primo loco sententiae; quod alii civile rebantur, ne ceteris adsentiendi necessitas fieret, quidam ad saevitiam trahebant: neque enim cessurum nisi damnandi officio.
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23. On the days of the games which interrupted the trial, Lepida went into the theatre with some ladies of rank, and as she appealed with piteous wailings to her ancestors and to that very Pompey, the public buildings and statues of whom stood there before their eyes, she roused such sympathy that people burst into tears and shouted, without ceasing, savage curses on Quirinus, "to whose childless old-age and miserably obscure family, one once destined to be the wife of Lucius Caesar and the daughter-in-law of the Divine Augustus was being sacrificed." Then, by the torture of the slaves, her infamies were brought to light, and a motion of Rubellius Blandus was carried which outlawed her. Drusus supported him, though others had proposed a milder sentence. Subsequently, Scaurus, who had had daughter by her, obtained as a concession that her property should not be confiscated. Then at last Tiberius declared that he had himself too ascertained from the slaves of Publius Quirinus that Lepida had attempted their master's life by poison.
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23. Lepida ludorum diebus qui cognitionem intervenerant theatrum cum claris feminis ingressa, lamentatione flebili maiores suos ciens ipsumque Pompeium, cuius ea monimenta et adstantes imagines visebantur, tantum misericordiae permovit ut effusi in lacrimas saeva et detestanda Quirinio clamitarent, cuius senectae atque orbitati et obscurissimae domui destinata quondam uxor L. Caesari ac divo Augusto nurus dederetur. dein tormentis servorum patefacta sunt flagitia itumque in sententiam Rubelli Blandi a quo aqua atque igni arcebatur. huic Drusus adsensit quamquam alii mitius censuissent. mox Scauro, qui filiam ex ea genuerat, datum ne bona publicarentur. tum demum aperuit Tiberius compertum sibi etiam ex P. Quirinii servis veneno eum a Lepida petitum.
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24. It was some compensation for the misfortunes of great houses (for within a short interval the Calpurnii had lost Piso and the Aemilii Lepida) that Decimus Silanus was now restored to the Junian family. I will briefly relate his downfall. Though the Divine Augustus in his public life enjoyed unshaken prosperity, he was unfortunate at home from the profligacy of his daughter and granddaughter, both of whom he banished from Rome, and punished their paramours with death or exile. Calling, as he did, a vice so habitual among men and women by the awful name of sacrilege and treason, he went far beyond the indulgent spirit of our ancestors, beyond indeed his own legislation. But I will relate the deaths of others with the remaining events of that time, if after finishing the work I have now proposed to myself, I prolong my life for further labours. Decimus Silanus, the paramour of the granddaughter of Augustus, though the only severity he experienced was exclusion from the emperor's friendship, saw clearly that it meant exile; and it was not till Tiberius's reign that he ventured to appeal to the Senate and to the prince, in reliance on the influence of his brother Marcus Silanus, who was conspicuous both for his distinguished rank and eloquence. But Tiberius, when Silanus thanked him, replied in the Senate's presence, "that he too rejoiced at the brother's return from his long foreign tour, and that this was justly allowable, inasmuch as he had been banished not by a decree of the Senate or under any law. Still, personally," he said, "he felt towards him his father's resentment in all its force, and the return of Silanus had not cancelled the intentions of Augustus." Silanus after this lived at Rome without attaining office.
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24. Inlustrium domuum adversa (etenim haud multum distanti tempore Calpurnii Pisonem, Aemilii Lepidam amiserant) solacio adfecit D. Silanus Iuniae familiae redditus. casum eius paucis repetam. ut valida divo Augusto in rem publicam fortuna ita domi improspera fuit ob impudicitiam filiae ac neptis quas urbe depulit, adulterosque earum morte aut fuga punivit. nam culpam inter viros ac feminas vulgatam gravi nomine laesarum religionum ac violatae maiestatis appellando clementiam maiorum suasque ipse leges egrediebatur. sed aliorum exitus simul cetera illius aetatis memorabo si effectis in quae tetendi plures ad curas vitam produxero. D. Silanus in nepti Augusti adulter, quamquam non ultra foret saevitum quam ut amicitia Caesaris Tiberio imperitante deprecari senatum ac principem ausus est M. Silani fratris potentia, qui per insignem nobilitatem et eloquentiam praecellebat. sed Tiberius gratis agenti Silano patribus coram respondit se quoque laetari quod frater eius e peregrinatione longinqua revertisset, idque iure licitum quia non senatus consulto non lege pulsus foret: sibi tamen adversus eum integras parentis sui offensiones neque reditu Silani dissoluta quae Augustus voluisset. fuit posthac in urbe eque honores adeptus est.
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25. It was next proposed to relax the Papia Poppaea law, which Augustus in his old age had passed subsequently to the Julian statutes, for yet further enforcing the penalties on celibacy and for enriching the exchequer. And yet, marriages and the rearing of children did not become more frequent, so powerful were the attractions of a childless state. Meanwhile there was an increase in the number of persons imperilled, for every household was undermined by the insinuations of informers; and now the country suffered from its laws, as it had hitherto suffered from its vices. This suggests to me a fuller discussion of the origin of law and of the methods by which we have arrived at the present endless multiplicity and variety of our statutes.
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25. Relatum dein de moderanda Papia Poppaea, quam senior Augustus post Iulias rogationes incitandis caelibum poenis et augendo aerario sanxerat. nec ideo coniugia et educationes liberum frequentabantur praevalida orbitate: ceterum multitudo periclitantium gliscebat, cum omnis domus delatorum interpretationibus subverteretur, utque antehac flagitiis ita tunc legibus laborabatur. ea res admonet ut de principiis iuris et quibus modis ad hanc multitudinem infinitam ac varietatem legum perventum sit altius disseram.
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26. Mankind in the earliest age lived for a time without a single vicious impulse, without shame or guilt, and, consequently, without punishment and restraints. Rewards were not needed when everything right was pursued on its own merits; and as men desired nothing against morality, they were debarred from nothing by fear. When however they began to throw off equality, and ambition and violence usurped the place of self-control and modesty, despotisms grew up and became perpetual among many nations. Some from the beginning, or when tired of kings, preferred codes of laws. These were at first simple, while men's minds were unsophisticated. The most famous of them were those of the Cretans, framed by Minos; those of the Spartans, by Lycurgus, and, subsequently, those which Solan drew up for the Athenians on a more elaborate and extensive scale. Romulus governed us as he pleased; then Numa united our people by religious ties and a constitution of divine origin, to which some additions were made by Tullus and Ancus. But Servius Tullius was our chief legislator, to whose laws even kings were to be subject.
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26. Vetustissimi mortalium, nulla adhuc mala libidine, sine probro, scelere eoque sine poena aut coercitionibus agebant. neque praemiis opus erat cum honesta suopte ingenio peterentur; et ubi nihil contra morem cuperent, nihil per metum vetabantur. at postquam exui aequalitas et pro modestia ac pudore ambitio et vis incedebat, provenere dominationes multosque apud populos aeternum mansere. quidam statim aut postquam regum pertaesum leges maluerunt. hae primo rudibus hominum animis simplices erant; maximeque fama celebravit Cretensium, quas Minos, Spartanorum, quas Lycurgus, ac mox Atheniensibus quaesitiores iam et plures Solo perscripsit. nobis Romulus ut libitum imperitaverat: dein Numa religionibus et divino iure populum devinxit, repertaque quaedam a Tullo et Anco. sed praecipuus Servius Tullius sanctor legum fuit quis etiam reges obtemperarent.
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27. After Tarquin's expulsion, the people, to check cabals among the Senators, devised many safeguards for freedom and for the establishment of unity. Decemvirs were appointed; everything specially admirable elsewhere was adopted, and the Twelve Tables drawn up, the last specimen of equitable legislation. For subsequent enactments, though occasionally directed against evildoers for some crime, were oftener carried by violence amid class dissensions, with a view to obtain honours not as yet conceded, or to banish distinguished citizens, or for other base ends. Hence the Gracchi and Saturnini, those popular agitators, and Drusus too, as flagrant a corrupter in the Senate's name; hence, the bribing of our allies by alluring promises and the cheating them by tribunes vetoes. Even the Italian and then the Civil war did not pass without the enactment of many conflicting laws, till Lucius Sulla, the Dictator, by the repeal or alteration of past legislation and by many additions, gave us a brief lull in this process, to be instantly followed by the seditious proposals of Lepidus, and soon afterwards by the tribunes recovering their license to excite the people just as they chose. And now bills were passed, not only for national objects but for individual cases, and laws were most numerous when the commonwealth was most corrupt.
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27. Pulso Tarquinio adversum patrum factiones multa populus paravit tuendae libertatis et firmandae concordiae, creatique decemviri et accitis quae usquam egregia compositae duodecim tabulae, finis aequi iuris. nam secutae leges etsi aliquando in maleficos ex delicto, saepius tamen dissensione ordinum et apiscendi inlicitos honores aut pellendi claros viros aliaque ob prava per vim latae sunt. hinc Gracchi et Saturnini turbatores plebis nec minor largitor nomine senatus Drusus; corrupti spe aut inlusi per intercessionem socii. ac ne bello quidem Italico, mox civili omissum quin multa et diversa sciscerentur, donec L. Sulla dictator abolitis vel conversis prioribus, cum plura addidisset, otium eius rei haud in longum paravit, statim turbidis Lepidi rogationibus neque multo post tribunis reddita licentia quoquo vellent populum agitandi. iamque non modo in commune sed in singulos homines latae quaestiones, et corruptissima re publica plurimae leges.
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28. Cneius Pompeius was then for the third time elected consul to reform public morals, but in applying remedies more terrible than the evils and repealing the legislation of which he had himself been the author, he lost by arms what by arms he had been maintaining. Then followed twenty years of continuous strife; custom or law there was none; the vilest deeds went unpunished, while many noble acts brought ruin. At last, in his sixth consulship, Caesar Augustus, feeling his power secure, annulled the decrees of his triumvirate, and gave us a constitution which might serve us in peace under a monarchy. Henceforth our chains became more galling, and spies were set over us, stimulated by rewards under the Papia Poppaea law, so that if men shrank from the privileges of fatherhood, the State, as universal parent, might possess their ownerless properties. But this espionage became too searching, and Rome and Italy and Roman citizens everywhere fell into its clutches. Many men's fortunes were ruined, and over all there hung a terror till Tiberius, to provide a remedy, selected by lot five ex-consuls, five ex-praetors, and five senators, by whom most of the legal knots were disentangled and some light temporary relief afforded.
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28. Tum Cn. Pompeius, tertium consul corrigendis moribus delectus et gravior remediis quam delicta erant suarumque legum auctor idem ac subversor, quae armis tuebatur armis amisit. exim continua per viginti annos discordia, non mos, non ius; deterrima quaeque impune ac multa honesta exitio fuere. sexto demum consulatu Caesar Augustus, potentiae securus, quae triumviratu iusserat abolevit deditque iura quis pace et principe uteremur. acriora ex eo vincla, inditi custodes et lege Papia Poppaea praemiis inducti ut, si a privilegiis parentum cessaretur, velut parens omnium populus vacantia teneret. sed altius penetrabnat urbemque et Italiam et quod usquam civium corripuerant, multorumque excisi status. et terror omnibus intentabatur ni Tiberius statuendo remedio quinque consularium, quinque e praetoriis, totidem e cetero senatu sorte duxisset apud quos exsoluti plerique legis nexus modicum in praesens levamentum fuere.
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29. About this same time he commended to the Senate's favour, Nero, Germanicus's son, who was just entering on manhood, and asked them, not without smiles of ridicule from his audience, to exempt him from serving as one of the Twenty Commissioners, and let him be a candidate for quaestorship five years earlier than the law allowed. His excuse was that a similar decree had been made for himself and his brother at the request of Augustus. But I cannot doubt that even then there were some who secretly laughed at such a petition, though the Caesars were but in the beginning of their grandeur, and ancient usage was more constantly before men's eyes, while also the tie between stepfather and stepson was weaker than that between grandfather and grandchild. The pontificate was likewise conferred on Nero, and on the day on which he first entered the forum, a gratuity was given to the city-populace, who greatly rejoiced at seeing a son of Germanicus now grown to manhood. Their joy was further increased by Nero's marriage to Julia, Drusus's daughter. This news was met with favourable comments, but it was heard with disgust that Sejanus was to be the father-in-law of the son of Claudius. The emperor was thought to have polluted the nobility of his house and to have yet further elevated Sejanus, whom they already suspected of overweening ambition.
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29. Per idem tempus Neronem e liberis Germanici iam ingressum iuventam commendavit patribus, utque munere capessendi vigintiviratus solveretur et quinquennio maturius quam per leges quaesturam peteret non sine inrisu audientium postulavit. praetendebat sibi atque fratri decreta eadem petente Augusto. sed neque tum fuisse dubitaverim qui eius modi preces occulti inluderent: ac tamen initia fastigii Caesaribus erant magisque in oculis vetus mos, et privignis cum vitrico levior necessitudo quam avo adversum nepotem. additur pontificatus et quo primum die forum ingressus est congiarium plebi admodum laetae quod Germanici stirpem iam puberem aspiciebat. auctum dehinc gaudium nuptiis Neronis et Iuliae Drusi filiae. utque haec secundo rumore ita adversis animis acceptum quod filio Claudii socer Seianus destinaretur. polluisse nobilitatem familiae videbatur suspectumque iam nimiae spei Seianum ultra extulisse.
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