Civil Wars

Under these circumstances the Senate assembled at the temple of Fides.[*](The temple to the goddess of Public Faith was on the Capitoline hill.) It is astonishing to me that they never thought of appointing a dictator in this emergency, although they had often been protected by the government of a single ruler in such times of peril. Although this resource had been found most useful in former times few people remembered it, either then or later. After reaching the decision that they did reach, they marched up to the Capitol, Cornelius Scipio Nasica, the pontifex maximus, leading the way and calling out with a loud voice, "Let those who would save the country follow me." He wound the border of his toga about his head either to induce a greater number to go with him by the singularity of his appearance, or to make for himself, as it were, a helmet as a sign of battle for those who looked on, or in order to conceal from the gods what he was about to do. When he arrived at the temple and advanced against the partisans of Gracchus they yielded to the reputation of a foremost citizen, for they saw the Senate following with him. The latter wrested clubs out of the hands of the Gracchans themselves, or with fragments of broken benches or other apparatus that had been brought for the use of the assembly, began beating them, and pursued them, and drove them over the precipice.[*](The Capitoline hill was flanked by the Tarpeian Rock.) In the tumult many of the Gracchans perished, and Gracchus himself was caught[*](Reading a(lw/menos, which Mendelssohn prefers instead of ei)lou/menos.) near the temple, and was slain at the door close by the statues of the kings. All the bodies were thrown by night into the Tiber.

So perished on the Capitol, and while still tribune, Gracchus, the son of the Gracchus who was twice consul, and of Cornelia, daughter of that Scipio who subjugated Carthage. He lost his life in consequence of a most excellent design, which, however, he pursued in too violent a manner. This shocking affair, the first that was perpetrated in the public assembly, was seldom without parallels thereafter from time to time. On the subject of the murder of Gracchus the city was divided between sorrow and joy. Some mourned for themselves and for him, and deplored the present condition of things, believing that the commonwealth no longer existed, but had been supplanted by force and violence. Others considered that everything had turned out for them exactly as they wished. These things took place at the time when Aristonicus was contending with the Romans for the government of Asia.

After Gracchus was slain Appius Claudius died, and Fulvius Flaccus and Papirius Carbo were appointed, in conjunction with the younger Gracchus, to divide the land. As the persons in possession neglected to hand in lists of their holdings, a proclamation was issued that informers should furnish testimony against them. Immediately a great number of embarrassing lawsuits sprang up. Wherever a new field had been bought adjoining an old one, or wherever a division of land had been made with allies, the whole district had to be carefully inquired into on account of the measurement of this one field, to discover how it had been sold and how divided. Not all owners had preserved their contracts, or their allotment titles, and even those that were found were often ambiguous. When the land was resurveyed some owners were obliged to give up their fruit-trees and farm-buildings in exchange for naked ground. Others were transferred from cultivated to uncultivated lands, or to swamps, or pools. In fact, the measuring had not been carefully done when the land was first taken from the enemy. As the original proclamation authorized anybody to work the undistributed land who wished to do so, many had been prompted to cultivate the parts immediately adjoining their own, till the line of demarkation [*](B.C. 132) between them had faded from view. The progress of time also made many changes. Thus the injustice done by the rich, although great, was not easy of ascertainment. So there was nothing but a general turn-about, all parties being moved out of their own places and settled down in other people's. [*](Y.R. 625)

The Italian allies who complained of these disturbances, [*](B.C. 129) and especially of the lawsuits hastily brought against them, chose Cornelius Scipio, the destroyer of Carthage, to defend them against these grievances. As he had availed himself of their very valiant services in war he was reluctant to disregard their request. So he came into the Senate, and although, out of regard for the plebeians, he did not openly find fault with the law of Gracchus, he expatiated on its difficulties and held that these causes ought not to be decided by the triumvirs, because they did not possess the confidence of the litigants, but should be turned over to others. As his view seemed reasonable, they yielded to his persuasion, and the consul Tuditanus was appointed to give judgment in these cases. But when he took hold of the work he saw the difficulties of it, and marched against the Illyrians as a pretext for not acting as judge, and since nobody brought cases for trial before the triumvirs they relapsed into idleness. From this cause hatred and indignation arose among the people against Scipio because they saw him, in whose favor they had often opposed the aristocracy and incurred their enmity, electing him consul twice contrary to law, now taking the side of the Italian allies against them. When Scipio's enemies observed this, they cried out that he was determined to abolish the law of Gracchus utterly and was about to inaugurate armed strife and bloodshed for that purpose.

When the people heard these charges they were in a state of alarm until Scipio, after placing near his couch at home one evening a tablet on which he intended to write during the night the speech he intended to deliver before the people, was found dead in his bed without a wound. Whether this was done by Cornelia, the mother of the Gracchi (aided by her daughter, Sempronia, who was married to Scipio, and was unloved and unloving because she was deformed and childless), lest the law of Gracchus should be abolished, or whether, as some think, he committed suicide because he saw plainly that he could not accomplish what he had promised, is not known. Some say that slaves, who were subjected to torture, testified that unknown persons were introduced through the rear of the house by night who suffocated him, and that those who knew about it hesitated to tell because the people were angry with him still and rejoiced at his death. So died Scipio, and although he had been of immense service to the Roman power he was not honored with a public funeral; so much does the anger of the present moment outweigh gratitude for the past. And this event, sufficiently important in itself, took place as an incident of the sedition of Gracchus.[*](It is uncertain whether Scipio was murdered or not. Cicero alludes to the event in one of his letters (Ad Fam. ix. 21), in which, speaking of one Gaius Carbo, he says that he was thought to have laid violent hands upon Africanus. Velleius says that marks of strangulation were found on his neck, yet adds in the same paragraph that most people thought he died a natural death.)