Part 9

XXIII. In all his wars, he never received any signal or ignominious defeat, except twice in Germany, under his lieutenants Lollius and Varus. The former indeed had in it more of dishonour than disaster; but that of Varus threatened the security of the empire itself; three legions, with the commander, his lieutenants, and all the auxiliaries, being cut off. Upon receiving intelligence of this disaster, he gave orders for keeping a strict watch over the city, to prevent any public disturbance, and prolonged the appointments of the prefects in the provinces, that the allies might be kept in order by experience of persons to whom they were used. He made a vow to celebrate the great games in honour of Jupiter, Optimus, Maximus, "if he would be pleased to restore the state to more prosperous circumstances." This had formerly been resorted to in the Cimbrian and Marsian wars. In short, we are informed that he was in such consternation at this event, that he let the hair of his head and beard grow for several months, and sometimes knocked his head against the door-posts, crying out, "O, Quintilius Varus! Give me back my legions!" And (87) ever after, he observed the anniversary of this calamity, as a day of sorrow and mourning.

XXIV. In military affairs he made many alterations, introducing some practices entirely new, and reviving others, which had become obsolete. He maintained the strictest discipline among the troops; and would not allow even his lieutenants the liberty to visit their wives, except reluctantly, and in the winter season only. A Roman knight having cut off the thumbs of his two young sons, to render them incapable of serving in the wars, he exposed both him and his estate to public sale. But upon observing the farmers of the revenue very greedy for the purchase, he assigned him to a freedman of his own, that he might send him into the country, and suffer him to retain his freedom. The tenth legion becoming mutinous, he disbanded it with ignominy; and did the same by some others which petulantly demanded their discharge; withholding from them the rewards usually bestowed on those who had served their stated time in the wars. The cohorts which yielded their ground in time of action, he decimated, and fed with barley. Centurions, as well as common sentinels, who deserted their posts when on guard, he punished with death. For other misdemeanors he inflicted upon them various kinds of disgrace; such as obliging them to stand all day before the praetorium, sometimes in their tunics only, and without their belts, sometimes to carry poles ten feet long, or sods of turf.

XXV. After the conclusion of the civil wars, he never, in any of his military harangues, or proclamations, addressed them by the title of "Fellow-soldiers," but as "Soldiers" only. Nor would he suffer them to be otherwise called by his sons or step-sons, when they were in command; judging the former epithet to convey the idea of a degree of condescension inconsistent with military discipline, the maintenance of order, and his own majesty, and that of his house. Unless at Rome, in case of incendiary fires, or under the apprehension of public disturbances during a scarcity of provisions, he never employed in his army slaves who had been made freedmen, except upon two occasions; on one, for the security of the colonies bordering upon Illyricum, and on the other, to guard (88) the banks of the river Rhine. Although he obliged persons of fortune, both male and female, to give up their slaves, and they received their manumission at once, yet he kept them together under their own standard, unmixed with soldiers who were better born, and armed likewise after different fashion. Military rewards, such as trappings, collars, and other decorations of gold and silver, he distributed more readily than camp or mural crowns, which were reckoned more honourable than the former. These he bestowed sparingly, without

## partiality, and frequently even on common soldiers. He presented M.

Agrippa, after the naval engagement in the Sicilian war, with a sea-green banner. Those who shared in the honours of a triumph, although they had attended him in his expeditions, and taken part in his victories, he judged it improper to distinguish by the usual rewards for service, because they had a right themselves to grant such rewards to whom they pleased. He thought nothing more derogatory to the character of an accomplished general than precipitancy and rashness; on which account he had frequently in his mouth those proverbs:

Speude bradeos, Hasten slowly,

And

'Asphalaes gar est' ameinon, hae erasus strataelataes. The cautious captain's better than the bold.

And "That is done fast enough, which is done well enough."

He was wont to say also, that "a battle or a war ought never to be undertaken, unless the prospect of gain overbalanced the fear of loss. For," said he, "men who pursue small advantages with no small hazard, resemble those who fish with a golden hook, the loss of which, if the line should happen to break, could never be compensated by all the fish they might take."

XXVI. He was advanced to public offices before the age at which he was legally qualified for them; and to some, also, of a new kind, and for life. He seized the consulship in the twentieth year of his age, quartering his legions in a threatening manner near the city, and sending deputies to demand it for him in the name of the army. When the senate demurred, (89) a centurion, named Cornelius, who was at the head of the chief deputation, throwing back his cloak, and shewing the hilt of his sword, had the presumption to say in the senate-house, "This will make him consul, if ye will not." His second consulship he filled nine years afterwards; his third, after the interval of only one year, and held the same office every year successively until the eleventh. From this period, although the consulship was frequently offered him, he always declined it, until, after a long interval, not less than seventeen years, he voluntarily stood for the twelfth, and two years after that, for a thirteenth; that he might successively introduce into the forum, on their entering public life, his two sons, Caius and Lucius, while he was invested with the highest office in the state. In his five consulships from the sixth to the eleventh, he continued in office throughout the year; but in the rest, during only nine, six, four, or three months, and in his second no more than a few hours. For having sat for a short time in the morning, upon the calends of January [1st January], in his curule chair [143], before the temple of Jupiter Capitolinus, he abdicated the office, and substituted another in his room. Nor did he enter upon them all at Rome, but upon the fourth in Asia, the fifth in the Isle of Samos, and the eighth and ninth at Tarragona. [144]

XXVII. During ten years he acted as one of the triumvirate for settling the commonwealth, in which office he for some time opposed his colleagues in their design of a proscription; but after it was begun, he prosecuted it with more determined rigour than either of them. For whilst they were often prevailed upon, by the interest and intercession of friends, to shew mercy, he alone strongly insisted that no one should be spared, and even proscribed Caius Toranius [145], his guardian; who had (90) been formerly the colleague of his father Octavius in the aedileship. Junius Saturnius adds this farther account of him: that when, after the proscription was over, Marcus Lepidus made an apology in the senate for their past proceedings, and gave them hopes of a more mild administration for the future, because they had now sufficiently crushed their enemies; he, on the other hand, declared that the only limit he had fixed to the proscription was, that he should be free to act as he pleased. Afterwards, however, repenting of his severity, he advanced T. Vinius Philopoemen to the equestrian rank, for having concealed his patron at the time he was proscribed. In this same office he incurred great odium upon many accounts. For as he was one day making an harangue, observing among the soldiers Pinarius, a Roman knight, admit some private citizens, and engaged in taking notes, he ordered him to be stabbed before his eyes, as a busy-body and a spy upon him. He so terrified with his menaces Tedius Afer, the consul elect [146], for having reflected upon some action of his, that he threw himself from a great height, and died on the spot. And when Quintus Gallius, the praetor, came to compliment him with a double tablet under his cloak, suspecting that it was a sword he had concealed, and yet not venturing to make a search, lest it should be found to be something else, he caused him to be dragged from his tribunal by centurions and soldiers, and tortured like a slave: and although he made no confession, ordered him to be put to death, after he had, with his own hands, plucked out his eyes. His own account of the matter, however, is, that Quintus Gallius sought a private conference with him, for the purpose of assassinating him; that he therefore put him in prison, but afterwards released him, and banished him the city; when he perished either in a storm at sea, or by falling into the hands of robbers.

He accepted of the tribunitian power for life, but more than once chose a colleague in that office for two lustra [147] successively. He also had the supervision of morality and observance of the laws, for life, but without the title of censor; yet he thrice (91) took a census of the people, the first and third time with a colleague, but the second by himself.

XXVIII. He twice entertained thoughts of restoring the republic [148]; first, immediately after he had crushed Antony, remembering that he had often charged him with being the obstacle to its restoration. The second time was in consequence of a long illness, when he sent for the magistrates and the senate to his own house, and delivered them a

## particular account of the state of the empire. But reflecting at the

same time that it would be both hazardous to himself to return to the condition of a private person, and might be dangerous to the public to have the government placed again under the control of the people, he resolved to keep it in his own hands, whether with the better event or intention, is hard to say. His good intentions he often affirmed in private discourse, and also published an edict, in which it was declared in the following terms: "May it be permitted me to have the happiness of establishing the commonwealth on a safe and sound basis, and thus enjoy the reward of which I am ambitious, that of being celebrated for moulding it into the form best adapted to present circumstances; so that, on my leaving the world, I may carry with me the hope that the foundations which I have laid for its future government, will stand firm and stable."

XXIX. The city, which was not built in a manner suitable to the grandeur of the empire, and was liable to inundations of the Tiber [149], as well as to fires, was so much improved under his administration, that he boasted, not without reason, that he "found it of brick, but left it of marble." [150] He also rendered (92) it secure for the time to come against such disasters, as far as could be effected by human foresight. A great number of public buildings were erected by him, the most considerable of which were a forum [151], containing the temple of Mars the Avenger, the temple of Apollo on the Palatine hill, and the temple of Jupiter Tonans in the Capitol. The reason of his building a new forum was the vast increase in the population, and the number of causes to be tried in the courts, for which, the two already existing not affording sufficient space, it was thought necessary to have a third. It was therefore opened for public use before the temple of Mars was completely finished; and a law was passed, that causes should be tried, and judges chosen by lot, in that place. The temple of Mars was built in fulfilment of a vow made during the war of Philippi, undertaken by him to avenge his father's murder. He ordained that the senate should always assemble there when they met to deliberate respecting wars and triumphs; that thence should be despatched all those who were sent into the provinces in the command of armies; and that in it those who returned victorious from the wars, should lodge the trophies of their triumphs. He erected the temple of Apollo [152] in that part of his house on the Palatine hill which had been struck with lightning, and which, on that account, the soothsayers declared the God to have chosen. He added porticos to it, with a library of Latin and Greek authors [153]; and when advanced in years, (93) used frequently there to hold the senate, and examine the rolls of the judges.

He dedicated the temple to Apollo Tonans [154], in acknowledgment of his escape from a great danger in his Cantabrian expedition; when, as he was travelling in the night, his litter was struck by lightning, which killed the slave who carried a torch before him. He likewise constructed some public buildings in the name of others; for instance, his grandsons, his wife, and sister. Thus he built the portico and basilica of Lucius and Caius, and the porticos of Livia and Octavia [155], and the theatre of Marcellus [156]. He also often exhorted other persons of rank to embellish the city by new buildings, or repairing and improving the old, according to their means. In consequence of this recommendation, many were raised; such as the temple of Hercules and the Muses, by Marcius Philippus; a temple of Diana by Lucius Cornificius; the Court of Freedom by Asinius Pollio; a temple of Saturn by Munatius Plancus; a theatre by Cornelius Balbus [157]; an amphitheatre by Statilius Taurus; and several other noble edifices by Marcus Agrippa. [158]

(94) XXX. He divided the city into regions and districts, ordaining that the annual magistrates should take by lot the charge of the former; and that the latter should be superintended by wardens chosen out of the people of each neighbourhood. He appointed a nightly watch to be on their guard against accidents from fire; and, to prevent the frequent inundations, he widened and cleansed the bed of the Tiber, which had in the course of years been almost dammed up with rubbish, and the channel narrowed by the ruins of houses [159]. To render the approaches to the city more commodious, he took upon himself the charge of repairing the Flaminian way as far as Ariminum [160], and distributed the repairs of the other roads amongst several persons who had obtained the honour of a triumph; to be defrayed out of the money arising from the spoils of war. Temples decayed by time, or destroyed by fire, he either repaired or rebuilt; and enriched them, as well as many others, with splendid offerings. On a single occasion, he deposited in the cell of the temple of Jupiter Capitolinus, sixteen thousand pounds of gold, with jewels and pearls to the amount of fifty millions of sesterces.

XXXI. The office of Pontifex Maximus, of which he could (95) not decently deprive Lepidus as long as he lived [161], he assumed as soon as he was dead. He then caused all prophetical books, both in Latin and Greek, the authors of which were either unknown, or of no great authority, to be brought in; and the whole collection, amounting to upwards of two thousand volumes, he committed to the flames, preserving only the Sibylline oracles; but not even those without a strict examination, to ascertain which were genuine. This being done, he deposited them in two gilt coffers, under the pedestal of the statue of the Palatine Apollo. He restored the calendar, which had been corrected by Julius Caesar, but through negligence was again fallen into confusion [162], to its former regularity; and upon that occasion, called the month Sextilis [163], by his own name, August, rather than September, in which he was born; because in it he had obtained his first consulship, and all his most considerable victories [164]. He increased the number, dignity, and revenues of the priests, and especially those of the Vestal Virgins. And when, upon the death of one of them, a new one was to be taken [165], and many persons made interest that their daughters' names might be omitted in the lists for election, he replied with an oath, "If either of my own grand-daughters were old enough, I would have proposed her."

He likewise revived some old religious customs, which had become obsolete; as the augury of public health [166], the office of (96) high priest of Jupiter, the religious solemnity of the Lupercalia, with the Secular, and Compitalian games. He prohibited young boys from running in the Lupercalia; and in respect of the Secular games, issued an order, that no young persons of either sex should appear at any public diversions in the night-time, unless in the company of some elderly relation. He ordered the household gods to be decked twice a year with spring and summer flowers [167], in the Compitalian festival.

Next to the immortal gods, he paid the highest honours to the memory of those generals who had raised the Roman state from its low origin to the highest pitch of grandeur. He accordingly repaired or rebuilt the public edifices erected by them; preserving the former inscriptions, and placing statues of them all, with triumphal emblems, in both the porticos of his forum, issuing an edict on the occasion, in which he made the following declaration: "My design in so doing is, that the Roman people may require from me, and all succeeding princes, a conformity to those illustrious examples." He likewise removed the statue of Pompey from the senate-house, in which Caius Caesar had been killed, and placed it under a marble arch, fronting the palace attached to Pompey's theatre.

XXXII. He corrected many ill practices, which, to the detriment of the public, had either survived the licentious habits of the late civil wars, or else originated in the long peace. Bands of robbers showed themselves openly, completely armed, under colour of self-defence; and in different parts of the country, travellers, freemen and slaves without distinction, were forcibly carried off, and kept to work in the houses of correction [168]. Several associations were formed under the specious (97) name of a new college, which banded together for the perpetration of all kinds of villany. The banditti he quelled by establishing posts of soldiers in suitable stations for the purpose; the houses of correction were subjected to a strict superintendence; all associations, those only excepted which were of ancient standing, and recognised by the laws, were dissolved. He burnt all the notes of those who had been a long time in arrear with the treasury, as being the principal source of vexatious suits and prosecutions. Places in the city claimed by the public, where the right was doubtful, he adjudged to the actual possessors. He struck out of the list of criminals the names of those over whom prosecutions had been long impending, where nothing further was intended by the informers than to gratify their own malice, by seeing their enemies humiliated; laying it down as a rule, that if any one chose to renew a prosecution, he should incur the risk of the punishment which he sought to inflict. And that crimes might not escape punishment, nor business be neglected by delay, he ordered the courts to sit during the thirty days which were spent in celebrating honorary games. To the three classes of judges then existing, he added a fourth, consisting of persons of inferior order, who were called Ducenarii, and decided all litigations about trifling sums. He chose judges from the age of thirty years and upwards; that is five years younger than had been usual before. And a great many declining the office, he was with much difficulty prevailed upon to allow each class of judges a twelve-month's vacation in turn; and the courts to be shut during the months of November and December. [169]

XXXIII. He was himself assiduous in his functions as a judge, and would sometimes prolong his sittings even into the night [170]: if he were indisposed, his litter was placed before (98) the tribunal, or he administered justice reclining on his couch at home; displaying always not only the greatest attention, but extreme lenity. To save a culprit, who evidently appeared guilty of parricide, from the extreme penalty of being sewn up in a sack, because none were punished in that manner but such as confessed the fact, he is said to have interrogated him thus: "Surely you did not kill your father, did you?" And when, in a trial of a cause about a forged will, all those who had signed it were liable to the penalty of the Cornelian law, he ordered that his colleagues on the tribunal should not only be furnished with the two tablets by which they decided, "guilty or not guilty," but with a third likewise, ignoring the offence of those who should appear to have given their signatures through any deception or mistake. All appeals in causes between inhabitants of Rome, he assigned every year to the praetor of the city; and where provincials were concerned, to men of consular rank, to one of whom the business of each province was referred.

XXXIV. Some laws he abrogated, and he made some new ones; such as the sumptuary law, that relating to adultery and the violation of chastity, the law against bribery in elections, and likewise that for the encouragement of marriage. Having been more severe in his reform of this law than the rest, he found the people utterly averse to submit to it, unless the penalties were abolished or mitigated, besides allowing an interval of three years after a wife's death, and increasing the premiums on marriage. The equestrian order clamoured loudly, at a spectacle in the theatre, for its total repeal; whereupon he sent for the children of Germanicus, and shewed them partly sitting upon his own lap, and partly on their father's; intimating by his looks and gestures, that they ought not to think it a grievance to follow the example of that young man. But finding that the force of the law was eluded, by marrying girls under the age of puberty, and by frequent change of wives, he limited the time for consummation after espousals, and imposed restrictions on divorce.