Bellum Iugurthinum


Sallust. Sallust, Florus, and Velleius Paterculus. Watson, J. S. (John Selby), translator. London: Harper and Brothers, 1899.

Adherbal, when he found that matters had arrived at such a point, that he must either abandon his dominions, or defend them by force of arms, collected an army from necessity, and advanced to meet Jugurtha. Both armies took up[*](XXI. Both armies took up, etc.] I have omitted the word interim at the beginning of this sentence, as it would be worse than useless in the translation. It signifies, during the interval before the armies came to an engagement; but this is sufficiently expressed at the termination of the sentence.) their position near the town of Cirta,[*](Cirta] Afterward named Sittianorum Colonia, from P. Sittius Nucerinus (mentioned in Cat., c. 21), who assisted Cæsar in the African war, and was rewarded by him with the possession of this city and its lands. It is now called Constantina, from Constantine the Great, who enlarged and restored it when it had fallen into decay. Strabo describes it, xvii. 3.) at no great distance from the sea; but, as evening was approaching, encamped without coming to an engagement. But when the night was far advanced, and twilight was beginning to appear,[*](Twilight was beginning to appear] Obscuro etiam tum lumine. Before day had fairly dawned.) the troops of Jugurtha, at a given signal, rushed into the camp of the enemy, whom they routed and put to flight, some half asleep and others resuming their arms. Adherbal, with a few of his cavalry, fled to Cirta; and, had there not been a number of Romans[*](Romans] Togatorum. Romans, with, perhaps, some of the allies, engaged in merchandise, or other peaceful occupations, and therefore wearing the toga. They are called Italici in c. 26.) in the

town, who repulsed his Numidian pursuers from the walls, the war between the two princes would have been begun and ended on the same day.

Jugurtha proceeded to invest the town, and attempted to storm it with the aid of mantelets, towers, and every kind of machines; being anxious above all things, to take it before the embassadors could arrive at Rome, who, he was informed, had been dispatched thither by Adherbal before the battle was fought. But as soon as the senate heard of their contention, three young men[*](Three young men] Tres adolescentes. Cortius includes these words in brackets, regarding them as the insertion of some sciolist. But a sciolist, as Bernouf observes, would hardly have thought of inserting tres adolescentes. The words occur in all the MSS., and are pretty well confirmed by what is said below, c. 25, that when the senate next sent a deputation, they took care to make it consist of majores natu, nobiles. See on adolescens, Cat., c. 38.) were sent as deputies into Africa, with directions to go to both of the princes, and to announce to them, in the words of the senate and people of Rome, " that it was their will and resolution that they should lay down their arms, and settle their disputes rather by arbitration than by the sword; since to act thus would be to the honor both of the Romans and themselves."

These deputies soon arrived in Africa, using the greater dispatch, because, while they were preparing for their journey, a report was spread at Rome of the- battle which had been fought, and of the siege of Cirta; but this report told much less than the truth.[*](XXII. Told much less than the truth] Sed is rumor clemens erat. "It fell below the truth, not telling the whole of the atrocity that had been committed."Gruter. "Priscian (xviii. 26) interprets clemens 'non nimius,' alluding to this passage of Sallust."Kritzius. All the later commentators have adopted this interpretation, except Bernouf, who adopts the supposition of Ciacconius, that a vague and uncertain rumor is meant.) Jugurtha, having given them an audience, replied, "that nothing was of greater weight with him, nothing more respected, than the authority of the senate; that it had been his endeavor, from his youth, to deserve the esteem of all men of worth; that he had gained the favor of Publius Scipio, a man of the highest eminence, not by dishonorable practices, but by merit; that, for the same good qualities, and not from want of heirs to the throne, he had been adopted by Micipsa; but that, the more honorable and spirited his conduct had been, the less could his feelings endure injustice; that Adherbal had formed designs against his life, on discovering

which, he had counteracted his malice; that the Romans would act neither justly nor reasonably, if they withheld from him the common right of nations;[*](Right of nations] Jure gentium. "That is, the right of avenging himself."Rupertus.) and, in conclusion, that he would soon send embassadors to Rome to explain the whole of his proceedings." On this understanding, both parties separated. Of addressing Adherbal the deputies had no opportunity.

Jugurtha, as soon as he thought that they had quitted Africa, surrounded the walls of Cirta, which, from the nature of its situation, he was unable to take by assault, with a rampart and a trench; he also erected towers, and manned them with soldiers; he made attempts on the place, by force or by stratagem, day and night; he held out bribes, and some times menaces, to the besieged; he roused his men, by exhortations, to efforts of valor, and resorted, with the utmost perseverance, to every possible expedient.

Adherbal, on the other hand, seeing that his affairs were in a desperate condition, that his enemy was determined on his ruin, that there was no hope of succor, and that the siege, from want of provisions, could not long be protracted, selected from among those who had fled with him to Cirta, two of his most resolute supporters, whom he induced, by numerous promises, and an affecting representation of his distress, to make their way in the night, through the enemy's lines, to the nearest point of the coast, and from thence to Rome.

The Numidians, in a few days executed their commission; and a letter from Adherbal was read in the senate, of which the following was the purport:

"It is not through my own fault, Conscript Fathers, that I so often send requests to you; but the violence of Jugurtha compels me; whom so strong a desire for my destruction has seized, that he pays no regard[*](XXIV. Pays no regard] Neque—in animo habeat. This letter of Adherbal's, both in matter and tone, is very similar to his speech in c. 14.) either to you or to the immortal gods; my blood he covets beyond every thing. Five months, in consequence, have I, the ally and friend of the Roman people, been besieged with an armed force; neither the remembrance of my father Micipsa's benefits, nor your decrees, are of any avail for my relief; and whether I am more closely pressed by the sword, or by famine, I am unable to say.


"From writing further concerning Jugurtha, my present condition deters me; for I have experienced, even before,[*](I have experienced, even before] Jam antea expertus sum. He means, in the result of his speech to the senate.) that little credit is given to the unfortunate. Yet I can perceive that his views extend further than to myself, and that he does not expect to possess, at the same time, your friendship and my kingdom; which of the two he thinks the more desirable, must be manifest to every one. For, in the first place, he murdered my brother Hiempsal; and, in the next, expelled me from my dominions; which, however, may be regarded as our own wrongs, and as having no reference to you. But now he occupies your kingdom with an army; he keeps me, whom you appointed a king over the Numidians, in a state of blockade; and in what estimation he holds the words of your embassadors, my perils may serve to show. What then is left, except your arms, that can make an impression upon him ?

"I could wish, indeed, that what I now write, as well as the complaints which I lately made before the senate, were false, rather than that my present distresses should confirm the truth of my statements. But since I am born to be an example of Jugurtha's villainy, I do not now beg a release from death or distress, but only from the tyranny of an enemy, and from bodily torture. Respecting the kingdom of Numidia, which is your own property, determine as you please, but if the memory of my grandfather Masinissa is still cherished by you, deliver me, I entreat you, by the majesty of your empire, and by the sacred ties of friendship, from the inhuman hands of Jugurtha."

When this letter was read, there were some who thought that an army should be dispatched into Africa, and relief afforded to Adherbal, as soon as possible; and that the senate, in the mean time, should give judgment on the conduct of Jugurtha, in not having obeyed the embassadors. But by the partisans of Jugurtha, the same that had before supported his cause, effectual exertions were made to prevent any decree from being passed; and thus the public interest, as is too frequently the case, was defeated by private influence.

An embassy was, however, dispatched into Africa, consisting of men of advanced years, and of noble birth, and who had filled the highest offices of the state; among whom was Marcus Scaurus, already mentioned, a man who had held the consulship,

and who was at that time chief of the senate.[*](XXV. Chief of the senate] Princeps senatûs. "He whose name was first entered in the censors' books was called Princeps Senatûs, which title used to be given to the person who of those alive had been censor first (qui primus censor, ex iis qui viverent, fuisset), but after the year 544, to him whom the censors thought most worthy, Liv., xxvii. 13. This dignity, although it conferred no command or emolument, was esteemed the very highest, and was usually retained for life, Liv., xxxiv. 44; xxxix. 52. It is called Principatus; and hence afterward the Emperor was named Princeps, which word properly denotes rank, and not power." Adam's Rom. Antiq., p. 3.) These embassadors, as their business was an affair of public odium, and as they were urged by the entreaties of the Numidians, embarked in three days; and having soon arrived at Utica, sent a letter from thence to Jugurtha, desiring him " to come to the province as quickly as possible, as they were deputed by the senate to meet him."

Jugurtha, when he found that men of eminence, whose influence at Rome he knew to be powerful, were come to put a stop to his proceedings, was at first perplexed, and distracted between fear and cupidity. He dreaded the displeasure of the senate, if he should disobey the embassadors; while his eager spirit, blinded by the lust of power, hurried him on to complete the injustice which he had begun. At length the evil incitements of ambition prevailed.[*](At length the evil incitements of ambition prevailed] Vicit tamen in avido ingenio pravum consilium. "Evil propensities gained the ascendency in his ambitious disposition.") He accordingly drew his army round the city of Cirta, and endeavored, with his utmost efforts, to force an entrance; having the strongest hopes, that, by dividing the attention of the enemy's troops, he should be able, by force or artifice, to secure an opportunity of success. When his attempts, however, were unavailing, and he found himself unable, as he had designed, to get Adherbal into his power before he met the embassadors, fearing that, by further delay, he might irritate Scaurus, of whom he stood in great dread, he proceeded with a small body of cavalry into the Province. Yet, though serious menaces were repeated to him in the name of the senate, because he had not desisted from the siege, nevertheless, after spending a long time in conference, the embassadors departed without making any impression upon him.

When news of this result was brought to Cirta, the Italians,[*](XXVI. The Italians] Italici. See c. 21.) by whose exertions the city had been defended, and who trusted that, if a surrender were made, they would be able,

from respect to the greatness of the Roman power, to escape without personal injury, advised Adherbal to deliver himself and t:he city to Jugurtha, stipulating only that his life should be spared, and leaving all other matters to the care of the senate. Adherbal, though he thought nothing less trustworthy than the honor of Jugurtha, yet, knowing that those who advised could also compel him if he resisted, surrendered the place according to their desire. Jugurtha immediately proceeded to put Adherbal to death with torture, and massacred all the inhabitants that were of age, whether Numidians or Italians, as each fell in the way of his troops.

When this outrage was reported at Rome, and became a matter of discussion in the senate, the former partisans of Jugurtha applied themselves, by interrupting the debates and protracting the time, sometimes exerting their interest, and sometimes quarreling with particular members, to palliate the atrocity of the deed. And had not Caius Memmius, one of the tribunes of the people elect, a man of energy, and hostile to the power of the nobility, convinced the people of Rome that an attempt was being made, by the agency of a small faction, to have the crimes of Jugurtha pardoned, it is certain that the public indignation against him would have passed off under the protraction of the debates; so powerful was party interest, and the influence of Jugurtha's money. When the senate, however, from consciousness of misconduct, became afraid of the people, Numidia and Italy, by the Sempronian law,[*](XXVII. By the Sempronian law] Lege Semproniâ. This was the Lex Sempronia de Provinciis. In the early ages of the republic, the provinces were decreed by the senate to the consuls after they were elected; but by this law, passed A.U.C. 631, the senate fixed on two provinces for the future consuls before their election (Cic. Pro Dom., 9; De Prov. Cons., 2), which they, after entering on their office, divided between themselves by lot or agreement. The law was passed by Caius Gracchus. See Adam's Rom. Antiq., p. 105.) were appointed as provinces to the succeeding consuls, who were declared to be Publius Scipio Nasica,[*](Publius Scipio Nasica] "The great-grandson of him who was pronounced by the senate to be vir optimus; and son of him who, though holding no office at the time, took part in putting to death Tiberius Gracchus. He was "consul with Bestia, A.U.C. 643, and died in his consulship. Cic. Brut., 34."Bernouf.) and Lucius Bestia Calpurnius.[*](Lucius Bestia Calpurnius] "He had been on the side of the nobility against the Gracchi, and was therefore in favor with the senate. After his consulship he was accused and condemned by the Mamilian law (c. 40), for having received money from Jugurtha, Cic. Brut. c. 34. De Brosses thinks that he was the grandfather of that Bestia who was engaged in the conspiracy of Catiline."Bernouf.) Numidia

fell to Calpurnius, and Italy to Scipio. An army was then raised to be sent into Africa; and pay, and all other necessaries of war, were decreed for its use.

When Jugurtha received this news, which was utterly at variance with his expectations, as he had felt convinced that all things were purchasable at Rome, he sent his son, with two of his friends, as deputies to the senate, and directed them, like those whom he had sent on the murder of Hiempsal, to attack every body with bribes. Upon the approach of these deputies to Rome, the senate was consulted by Bestia, whether they would allow them to be admitted within the gates; and the senate decreed, " that, unless they came to surrender Jugurtha's kingdom and himself, they must quit Italy within the ten following days." The consul directed this decree to be communicated to the Numidians, who consequently returned home without effecting their object.

Calpurnius, in the mean time, having raised an army, chose for his officers men of family and intrigue, hoping that whatever faults he might commit, would be screened by their influence; and among these was Scaurus, of whose disposition and character we have already spoken. There were, indeed, in our consul Calpurnius, many excellent qualities, both mental and personal, though avarice interfered with the exercise of them; he was patient of labor, of a penetrating intellect, of great foresight, not inexperienced in war, and extremely vigilant against danger and surprise.

The troops were conducted through Italy to Rhegium, from thence to Sicily, and from Sicily into Africa; and Calpurnius's first step, after collecting provisions, was to invade Numidia with spirit, where he took many prisoners, and several towns, by force of arms.

But when Jugurtha began, through his emissaries, to tempt him with bribes, and to show the difficulties of the war which he had undertaken to conduct, his mind, corrupted with avarice, was easily altered. His accomplice, however, and manager in all his schemes, was Scaurus; who, though he had at first, when most of his party were corrupted, displayed violent hostility to Jugurtha, yet was afterward seduced, by a vast sum of money, from integrity and honor to injustice and perfidy-Jugurtha,

however, at first sought only to purchase a suspension of hostilities, expecting to be able, during the interval, to make some favorable impression, either by bribery or by interest, at Rome; but when he heard that Scaurus was co-operating with Calpurnius, he was elated with great hopes of regaining peace, and resolved upon a conference with them in person respecting the terms of it. In the mean time, for the sake of giving confidence[*](XXIX. For the sake of giving confidence] Fidei causâ. "In order that Jugurtha might have confidence in Bestia, Sextius the quæstor was sent as a sort of hostage into one of Jugurtha's towns."Cortius.) to Jugurtha, Sextus the quæstor was dispatched by the consul to Vaga, one of the prince's towns; the pretext for his journey being the receiving of corn, which Calpurnius had openly demanded from Jugurtha's emissaries, on the ground that a truce was observed through their delay to make a surrender. Jugurtha then, as he had determined, paid a visit to the consul's camp, where, having made a short address to the council, respecting the odium cast upon his conduct, and his desire for a capitulation, he arranged other matters with Bestia and Scaurus in secret; and the next day, as if by an evident majority of voices,[*](As if by an evident majority of voices] Quasi per saturam exquisitis sententiis. "The opinions being taken in a confused manner," or, as we say, in the lump. The sense manifestly is, that there was (or was said to be) such a preponderating majority in Jugurtha's favor, that it was not necessary to ask the opinion of each individual in order. Satura, which some think to be always an adjective, with lanx understood, though lanx, according to Scheller, is never found joined with it in ancient authors, was a plate filled with various kinds of fruit, such as was annually offered to the gods. "Lanx plena diversis frugibus in templum Cereris infertur, quæ satura nomine appellatur," Acron. ad Hor. Sat i. 1, init. "Lanx, referta variis multisque primitiis, sacris Cereris inferebatur," Diomed., iii. p. 483. "Satura, cibi genus ex variis rebus conditum," Festus sub voce. See Casaubon. de Rom. Satirâ, ii. 4; Kritzius ad h. 1., and Scheller's Lex. v., Satur. In the Pref. to Justinian's Pandects, that work is called opus sparsim et quasi per saturam collectum, utile cum inutilibus mixtim.) he was formally allowed to surrender. But, as was demanded in the hearing of the council, thirty elephants, a considerable number of cattle and horses, and a small sum of money, were delivered into the hands of the quæstor. Calpurnius then returned to Rome to preside at the election of magistrates,[*](To preside at the election of magistrates] Ad magistratus rogandos. The presiding magistrate had to ask the consent of the people, saying Velitis, jubeatis—rogo Quirites.) and peace was observed throughout Numidia and the Roman army.

When rumor had made known the affairs transacted in Africa, and the mode in which they had been brought to

pass, the conduct of the consul became a subject of discussion in every place and company at Rome. Among the people there was violent indignation; as to the senators, whether they would ratify so flagitious a proceeding, or annul the act of the consul, was a matter of doubt. The influence of Scaurus, as he was said to be the supporter and accomplice of Bestia, was what chiefly restrained the senate from acting with justice and honor. But Caius Memmius, of whose boldness of spirit, and hatred to the power of the nobility, I have already spoken, excited the people by his harangues, during the perplexity and delay of the senators, to take vengeance on the authors of the treaty; he exhorted them not to abandon the public interest or their own liberty; he set before them the many tyrannical and violent proceedings of the nobles, and omitted no art to inflame the popular passions. But as the eloquence of Memmius, at that period, had great reputation and influence I have thought proper to give in full[*](XXX. To give in full] Perscribere. "To write at length." The reader might suppose, at first, that Sallust transcribed this speech from some publication; but in that case, as Burnouf observes, he would rather have said exscribere. Besides, the following hujuscemodi shows that Sallust did not profess to give the exact words of Memmius. And the speech is throughout marked with Sallustian phraseology. "The commencement of it, there is little doubt, is imitated from Cato, of whose speech De Lusitanis the following fragment is extant in Aul. Gell. xiii. 24: Multa me dehortata sunt huc prodire, anni, œtas, vox vires, senectus."Kritzius.) one out of many of his speeches; and I take, in preference to others, that which he delivered in the assembly of the people, after the return of Bestia, in words to the following effect:

" Were not my zeal for the good of the state, my fellow-citizens, superior to every other feeling, there are many considerations which would deter me from appearing in your cause; I allude to the power of the opposite party, your own tameness of spirit, the absence of all justice, and, above all, the fact that integrity is attended with more danger than honor. Indeed, it grieves me to relate, how, during the last fifteen years,[*](XXXI. During the last fifteen years] His annis quindecim. "It was at this time, A.U.C. 641, twenty-two years since the death of Tiberius Gracchus, and ten since that of Caius; Sallust, or Memmius, not to appear to make too nice a computation, takes a mean."Bernouf The manuscripts however, vary; some read fifteen, and others twelve. Cortius conjectured twenty, as a rounder number, which Kritzius and Dietsch have inserted in their texts. Twenty is also found in the Editio Victoriana, Florence, 1576.) you have been a sport to the arrogance of an oligarchy; how dishonorably, and how utterly unavenged, your defenders

have perished;[*](Your defenders have perished] Perierint vestri defensores. Tiberius and Caius Gracchus, and their adherents.) and how your spirit has become degenerate by sloth and indolence; for not even now, when your enemies are in your power, will you rouse yourselves to action, but continue still to stand in awe of those to whom you should be a terror.

" Yet, notwithstanding this state of things, I feel prompted to make an attack on the power of that faction. That liberty of speech,[*](Liberty of speech] Libertatem. Liberty of speech is evidently intended.) therefore, which has been left me by my father, I shall assuredly exert against them; but whether I shall use it in vain, or for your advantage, must, my fellow-citizens, depend upon yourselves. I do not, however, exhort you, as your ancestors have often done, to rise in arms against injustice. There is at present no need of violence, no need of secession; for your tyrants must work their fall by their own misconduct.

" After the murder of Tiberius Gracchus, whom they accused of aspiring to be king, persecutions were instituted against the common people of Rome; and after the slaughter of Caius Gracchus and Marcus Fulvius, many of your order were put to death in prison. But let us leave these proceedings out of the question; let us admit that to restore their rights to the people, was to aspire to sovereignty; let us allow that what can not be avenged without shedding the blood of citizens, was done with justice. You have seen with silent indignation, however, in past years, the treasury pillaged; you have seen kings, and free people, paying tribute to a small party of Patricians, in whose hands were both the highest honors and the greatest wealth; but to have carried on such proceedings with impunity, they now deem but a small matter; and, at last, your laws and your honor, with every civil and religious obligation,[*](Every civil and religious obligation] Divina et humana omnia. "They offended against the laws, when they took bribes from an enemy ; against the honor of Rome, when they did what was unworthy of it, and greatly to its injury; and against gods and men, against all divine and human obligations, when they granted to a wicked prince not only impunity, but even rewards, for his crimes."Dietsch.) have been sacrificed for the benefit of your enemies. Nor do they, who have done these things, show either shame or contrition, but parade proudly before your

faces, displaying their sacerdotal dignities, their consulships, and some of them their triumphs, as if they regarded them as marks of honor, and not as fruits of their dishonesty. Slaves, purchased with money,[*](Slaves purchased with money, etc.] Servi, œre parati, etc. This is taken from another speech of Cato, of which a portion is preserved in Aul. Gell. x. 3: Servi injurias nimis œgre ferunt; quid illos bono genere natos, magnâ virtute prœditos, animi habuisse atque habituros, dum vivent? "Slaves are apt to be too impatient of injuries; and what feelings do you think that men of good family, and of great merit, must have had, and will have as long as they live ?") will not submit to unjust commands from their masters; yet you, my fellow-citizens, who are born to empire, tamely endure oppression.

"But who are these that have thus taken the government into their hands ? Men of the most abandoned character, of blood-stained hands, of insatiable avarice, of enormous guilt, and of matchless pride; men by whom integrity, reputation, public spirit,[*](Public spirit] Pietas. Under this word are included all duties that we ought to perform to those with whom we are intimately connected, or on whom we are dependent, as our parents, our country, and the gods. I have borrowed my translation of the word from Rose.) and indeed every thing, whether honorable or dishonorable, is converted to a means of gain. Some of them make it their defense that they have killed tribunes of the people; others, that they have instituted unjust prosecutions; others, that they have shed your blood; and thus, the more atrocities each has committed, the greater is his security; while your oppressors, whom the same desires, the same aversions, and the same fears, combine in strict union (a union which among good men is friendship, but among the bad confederacy in guilt), have excited in you, through your want of spirit, that terror which they ought to feel for their own crimes.

" But if your concern to preserve your liberty were as great as their ardor to increase their power of oppression, the state would not be distracted as it is at present; and the marks of favor which proceed from you,[*](The marks of favor which proceed from you] Beneficia vestra. Offices of state, civil and military.) would be conferred, not on the most shameless, but on the most deserving. Your forefathers, in order to assert their rights and establish their authority, twice seceded in arms to Mount Aventine ; and will not you exert yourselves, to the utmost of your power, in defense of that liberty which you received from them ? Will you not display

so much the more spirit in the cause, from the reflection that it is a greater disgrace to lose[*](A greater disgrace to lose, etc.] Quòd majus dedecus est parta amitere qnam omnino non paravisse. Thucyd. ii. 62.) what has been gained, than not to have gained it at all ?

"But some will ask me, 'What course of conduct, then, would you advise us to pursue ?' I would advise you to inflict punishment on those who have sacrificed the interests of their country to the enemy; not, indeed, by arms, or any violence (which would be more unbecoming, however, for you to inflict than for them to suffer), but by prosecutions, and by the evidence of Jugurtha himself, who, if he has really surrendered, will doubtless obey your summons; whereas, if he shows contempt for it, you will at once judge what sort of a peace or surrender it is, from which springs impunity to Jugurtha for his crimes, immense wealth to a few men in power, and loss and infamy to the republic.

"But perhaps you are not yet weary of the tyranny of these men; perhaps these times please you less than those[*](These times please you less than those, etc.] Illa quàm hœc tempora magis placent, etc. "Those times, which immediately succeeded the deaths of the Gracchi, and which were distinguished for the tyranny of the nobles, and the humiliation of the people; these times, in which the people have begun to rouse their spirit and exert their liberty."Burnouf.) when kingdoms, provinces, laws, rights, the administration of justice, war and peace, and indeed every thing civil and religious, was in the hands of an oligarchy; while you, that is, the people of Rome, though unconquered by foreign enemies, and rulers of all nations around, were content with being alloyed to live; for which of you had spirit to throw off your slavery ? For myself, indeed, though I think it most disgraceful to receive an injury without resenting it, yet I could easily allow you to pardon these basest of traitors, because they are your fellow-citizens, were it not certain that your indulgence would end in your destruction. For such is their presumption, that to escape punishment for their misdeeds will have but little effect upon them, unless they be deprived, at the same time, of the power of doing mischief; and endless anxiety will remain for you, if you shall have to reflect that you must either be slaves or preserve your liberty by force of arms.

"Of mutual trust, or concord, what hope is there? They wish to be lords, you desire to be free; they seek to inflict injury,

you to repel it; they treat your allies as enemies, your enemies as allies. With feelings so opposite, can peace or friendship subsist between you ? I warn, therefore, and exhort you, not to allow such enormous dishonesty to go unpunished. It is not an embezzlement of the public money[*](Embezzlement of the public money] Peculatus œrarii. Peculator, qui furtum facit pecuniæ publicæ. Ascon. Pedian. in Cic. Verr. i.) that has been committed; nor is it a forcible extortion of money from your allies; offenses which, though great, are now, from their frequency, considered as nothing; but the authority of the senate, and your own power, have been sacrificed to the bitterest of enemies, and the public interest has been betrayed for money, both at home and abroad; and unless these misdeeds be investigated, and punishment be inflicted on the guilty, what remains for us but to live the slaves of those who committed them For those who do what they will with impunity are undoubtedly kings.[*](Kings] I have substituted the plural for the singular. "No name was more hated at Rome than that of a king; and no sentiment, accordingly, could have been better adapted to inflame the minds of Memmius's hearers, than that which he here utters."Dietsch.)

"I do not, however, wish to encourage you, O Romans, to be better satisfied at finding your fellow-citizens guilty than innocent, but merely to warn you not to bring ruin on the good, by suffering the bad to escape. It is far better, in any government, to be unmindful of a service than of an injury ; for a good man, if neglected, only becomes less active; but a bad man, more daring. Besides, if the crimes of the wicked are suppressed,[*](If the crimes of the wicked are suppressed, etc.] Si injuriœ non sint haud sœpe auxilii egeas. "Some foolishly interpret auxilium as signifying auxilium tribunicium, the aid of the tribunes; but it is evident to me that Sallust means aid against the injuries of bad men, i.e. revenge or punishment."Kritzius. "If injuries are repressed, or prevented, there will be less need for the help of good men, and it will be of less consequence if they become inactive."Dietsch.) the state will seldom need extraordinary support from the virtuous."

By repeating these and similar sentiments, Memmius prevailed on the people to send Lucius Cassius,[*](XXXII. Lucius Cassius] This is the man from whom came the common saying cui bono? "Lucius Cassius, whom the Roman people thought the most accurate and wisest of judges, was accustomed constantly to inquire, in the progress of a cause, cui bono fuisset, of what advantage any thing had been." Cic. pro Rose. Am. 30. "His tribunal," says Valerius Maximus (iii. 7), "was called, from his excessive severity, the rock of the accused." It was probably on account of this quality in his character that he was now sent into Numidia.) who was

then prætor, to Jugurtha, and to bring him, under guarantee of the public faith,[*](Under guarantee of the public faith] Interpositâ fide publicâ. See Cat. 47, 48. So a little below, fidem suam interponit. Interpono is "to pledge.") to Rome, in order that, by the prince's evidence, the misconduct of Scaurus and the rest, whom they charged with having taken bribes, might more easily be made manifest.

During the course of these proceedings at Rome, those whom Bestia had left in Numidia in command of the army, following the example of their general, had been guilty of many scandalous transactions. Some, seduced by gold, had restored Jugurtha his elephants; others had sold him his deserters; others had ravaged the lands of those at peace with us; so strong a spirit of rapacity, like the contagion of a pestilence, had pervaded the breasts of all.

Cassius, when the measure proposed by Memmius had been carried, and while all the nobility were in consternation, set out on his mission to Jugurtha, whom, alarmed as he was, and despairing of his fortune, from a sense of guilt, he admonished " that since he had surrendered himself to the Romans, he had better make trial of their mercy than their power." He also pledged his own word, which Jugurtha valued not less than that of the public, for his safety. Such, at that period, was the reputation of Cassius.

Jugurtha, accordingly, accompanied Cassius to Rome, but without any mark of royalty, and in the garb, as much as possible, of a suppliant;[*](XXXIII. In the garb, as much as possible, of a suppliant] Cultu quàm maximè miserabili. "In such a garb as accused persons, or suppliants, were accustomed to adopt, when they wished to excite compassion, putting on a mean dress, and allowing their hair and beard to grow."Burnouf.) and, though he felt great confidence on his own part, and was supported by all those through whose power or villainy he had accomplished his projects, he purchased, by a vast bribe, the aid of Caius Bæbius, a tribune of the people, by whose audacity he hoped to be protected against the law, and against all harm.

An assembly of the people being convoked, Memmius although they were violently exasperated against Jugurtha, (some demanding that he should be cast into prison, others that, unless he should name his accomplices in guilt, he should be put to death, according to the usage of their ancestors, as a public enemy), yet, regarding rather their character than their

resentment, endeavored to calm their turbulence and mitigate their rage ; and assured them that, as far as depended on him, the public faith should not be broken. At length, when silence was obtained, he brought forward Jugurtha, and addressed them. He detailed the misdeeds of Jugurtha at Rome and in Numidia, and set forth his crimes toward his father and brothers; and admonished the prince, " that the Roman people, though they were well aware by whose support and agency he had acted, yet desired further testimony from himself; that, if he disclosed the truth, there was great hope for him in the honor and clemency of the Romans; but if he concealed it, he would certainly not save his accomplices, but ruin himself and his hopes forever."

But when Memmius had concluded his speech, and Jugurtha was expected to give his answer, Caius Bæbius, the tribune of the people, whom I have just noticed as having been bribed, enjoined the prince to hold his peace;[*](XXXIV. Enjoined the prince to hold his peace] A single tribune might, by such intervention, offer an effectual opposition to almost any proceeding. On the great power of the tribunes, see Adam's Rom. Ant., under the head " Tribunes of the People.") and though the multitude, who formed the assembly, were desperately enraged, and endeavored to terrify the tribune by outcries, by angry looks, by violent gestures, and by every other act to which anger prompts,[*](Every other act to which anger prompts] Aliis omnibus, quœ ira fieri amat. "These words have given rise to wonderful hallucinations; for Quintilian, ix. 3. 17, having observed that many expressions of Sallust are borrowed from the Greek, as Vulgus amat fieri, all interpreters, from Cortius downward, have thought that the structure of Sallust's words must be Greek, and have taken ira, in this passage, for an ablative, and quœ for a nominative plural. Gerlach has even gone so far as to take liberties with the words cited by Quintilian, and to correct them, please the gods, into quœ in vulgus amat fieri. But how could there have been such want of penetration in learned critics, such deficiency in the knowledge of the two languages, that, when the imitation of the Greek, noticed by Quintilian, has reference merely to the word φιλεῖ, amat, they should think of extending it to the dependence of a singular verb on a neuter plural ? With truth, indeed, though with much simplicity, does Gerlach observe, that you will in vain seek for instances of this mode of expression in other writers."Kritzius. Dietsch agrees with Kritzius and there will, I hope, be no further doubt that quœ is the accusative and ira the nominative; the sense being, " which anger loves or desires to be done." Another mode of explanation has been suggested, namely, to understand multitudo as the nominative case to amat, making ira the ablative but this method is far more cumbersome, and less in accordance with the style of Sallust. The words quoted by Quintilian do notrefer, as Cortius erroneously supposes, to this passage, but to some part of Sallust's works that is now lost.) his audacity was at last triumphant. The

people, mocked and set at naught, withdrew from the place of assembly; and the confidence of Jugurtha, Bestia, and the others, whom this investigation had alarmed, was greatly augmented.

There was at this period in Rome a certain Numidian named Massiva, a son of Gulussa and grandson of Masinissa, who, from having been, in the dissensions among the princes, opposed to Jugurtha, had been obliged, after the surrender of Cirta and the murder of Adherbal, to make his escape out of Africa. Spurius Albinus, who was consul with Quintus Minucius Rufus the year after Bestia, prevailed upon this man, as he was of the family of Masinissa, and as odium and terror hung over Jugurtha for his crimes, to petition the senate for the kingdom of Numidia. Albinus,being eager for the conduct of a war, was desirous that affairs should be disturbed,[*](XXXV. Should be disturbed] Movere is the reading of Cortius; moveri that of most other editors, in conformity with most of the MSS. and early editions.) rather than sink into tranquillity; especially as, in the division of the provinces, Numidia had fallen to himself, and Macedonia to Minucius.

When Massiva proceeded to carry these suggestions into execution, Jugurtha, finding that he had no sufficient support in his friends, as a sense of guilt deterred some, and evil report or timidity others, from coming forward in his behalf, directed Bomilcar, his most attached and faithful adherent, to procure by the aid of money, by which he had already effected so much, assassins to kill Massiva; and to do it secretly if he could; but, if secrecy should be impossible, to cut him off' in any way whatsoever. This commission Bomilcar soon found means to execute; and, by the agency of men versed in such service, ascertained the direction of his journeys, his hours of leaving home, and the times at which he resorted to particular places,[*](The times at which he resorted to particular places] Loca atque temrora cuncta. "All his places and times." There can be no doubt that the sense is what I have given in the text.) and, when all was ready, placed his assassins in ambush. One of their number sprung upon Massiva, though with too little caution, and killed him; but being himself caught, he made, at the instigation of many, and especially of Albinus the consul, a full confession. Bomilcar was accordingly committed for trial, though rather on the principles of reason and justice than

in accordance with the law of nations,[*](In accordance with the law of nations, etc.] As the public faith had been pledged to Jugurtha for his security, his retinue was on the same footing as that of embassadors, the persons of whose attendants are considered as inviolable as their own, as long as they commit no offense against the laws of the country in which they are resident. If any such offense is committed by an attendant of an embassador, an application is usually made by the government to the embassador to deliver him up for trial. Bomilcar seems to have been apprehended without any application having been made to Jugurtha; as, in our own country, the Portuguese embassador's brother, who was one of his retinue, was apprehended and executed for a murder, by Oliver Cromwell. See, on this point, Grotius De Jure Bell. et Pac., xviii. 8; Vattel, iv. 9; Burlamaqui on Politic Law, part iv. ch. 15. Jugurtha, says Vattel, should have given up Bomilcar; but such was not Jugurtha's object.) as he was in the retinue of one who had come to Rome on a pledge of the public faith for his safety. But Jugurtha, though clearly guilty of the crime, did not cease to struggle against the truth, until he perceived that the infamy of the deed was too strong for his interest or his money. For which reason, although, at the commencement of the proceedings,[*](At the commencement of the proceedings] In priori actione. That is, when Bomilcar was apprehended and charged with the murder.) he had given fifty of his friends as bail for Bomilcar, yet, thinking more of his kingdom than of the sureties, he sent him off privately into Numidia; for he feared that if such a man should be executed, his other subjects would be deterred from obeying him.[*](His other subjects would be deterred from obeying him] Reliquos popularis metus invaderet parendi sibi. "Fear of obeying him should take possession of his other subjects.") A few days after, he himself departed, having been ordered by the senate to quit Italy. But, as he was going from Rome, he is said, after frequently looking back on it in silence, to have at last exclaimed, "That it was a venal city, and would soon perish, if it could but find a purchaser !"[*](That it was a venal city, etc.] Urbem venalem, etc. I consider, with Cortius, that this is the proper way of taking these words. Some would render them O venal city, etc., because Livy, Epit. lxiv., has O urbem venalem, but this seems to require that the verb should be in the second person; and it is probable that in Livy we should either eject the "O" or read inveneris. Florus, iii. 1, gives the words in the same way as Sallust.)

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.