Men of high family were indicted, and no one was allowed to appeal to the tribunes to arrest proceedings. When matters had gone thus far, the nobility — not only those against whom information was being laid, but the order as a whole —protested
that the charge did not lie on the patricians, to whom the path to
honours always lay open, unless it was obstructed by intrigue, but on
the
They even asserted that the Dictator and the Master of the Horse were more fit to be put upon their trial than to act as inquisitors in cases where this charge was brought, and they would find that out as soon as they had vacated their office.
Under these circumstances, Maenius, more anxious to clear his reputation than to retain his office, came forward in the Assembly and addressed it in the following terms: “You are all cognisant, Quirites, of what my life has been in the past, and this very office which has been conferred upon me is a testimony to my innocence.
There are men amongst the nobility —as to their motives it is better that you should form your own opinion than that I, holding the office I do, should say anything without proof —who tried their utmost to stifle this inquiry.
When they found themselves powerless to do this they sought to shelter themselves, patricians though they were, behind the stronghold of their opponents, the tribunician veto, so as to escape from trial.
At last, driven from that position, and thinking my course safer than that of trying to prove their innocence, they have directed their assaults against us, and private citizens have not been ashamed to demand the impeachment of the Dictator.
Now, that gods and men alike may know that in trying to avoid giving an account of themselves these men are attempting the impossible, and that I am prepared to answer any charge and meet my accusers face to face, I at once resign my Dictatorship.
And if the senate should assign the task to you, consuls, I beg that you will begin with M. Foslius and myself, so that it may be conclusively shown that we are protected from such charges, not by our official position, but by our innocence.” He then at once laid down his office, followed by the Master of the Horse.
They were the first to be tried before the consuls, for so the senate ordered, and as the evidence given by the nobles against them completely broke down, they were triumphantly acquitted.
Even Publilius Philo, a man who had repeatedly filled the highest offices as a reward for his services at home and in the field, but who was disliked by the nobility, was put on his trial and acquitted.
As usual, however, it was only whilst this inquisition was a novelty that it had strength enough to attack illustrious names; it soon began to stoop to humbler victims, until it was at length stifled by the very cabals and factions which it had been instituted to suppress.
The
They marched to Caudium, which from its proximity to Capua would make it easy for them, if the opportunity offered, to wrest that city from the Romans.
The consuls marched to Caudium with a strong force. For some time both armies remained in their positions on either side of the pass, as they could only reach each other by a most difficult route.
At length the Samnites descended by a short detour through open country into the flat district of Campania, and there for the first time they came within sight of each other's camp.
There were frequent skirmishes, in which the cavalry played a greater part than the infantry, and the Romans had no cause to be dissatisfied with these trials of strength, nor with the delay which was prolonging the war.
The Samnite generals, on the other hand, saw that these daily encounters involved daily losses, and that the prolongation of the war was sapping their strength.
They decided, therefore, to bring on an action. They posted their cavalry on the two flanks of their army with instructions to keep their attention on their camp, in case it were attacked, rather than on the battle, which would be safe in the hands of the infantry.