manding the Forum. In order to remove these imputations, he proposed the election of Sp. Lucretius, who died after having been consul only a few days; and after his death, of M. Horatius. He likewise changed the site of his house, and transferred it to a position at the bottom of the hill, called Vicapota. (9) Furthermore, he made two changes with respect to the chief badge of the consular power: he lowered his fasces to an assembly of the people, as showing that he derived from them his authority; and he introduced the custom for the consul to take the axes out of the fasces in the city.(40) Valerius likewise proposed at this time two popular laws, which were passed by the people, and which procured him the appellation of Publicola. These were 1 That all magistrates should be appointed by the people, and that it should be lawful to kill a person who usurped supreme power without such an election-a law directed against attempts at an assumption of regal power. 2 That if any magistrate sentenced a citizen to death, corporal infliction, or a fine, there should be an appeal to the people.(+1)

(39) Cic. Rep. ii. 31, says that Velia had been the place of the house of Servius Tullius. Livy places the house of Tullus Hostilius on Velia; i. 30. Compare Becker, vol. i. p. 249.

(40) Dion. Hal. v. 19, says of the practice of taking out the axes in the city, καὶ κατεστήσατο τοῖς μετ ̓ αὐτὸν ὑπάτοις ἔθος, ὃ καὶ μέχρι τῆς ἐμῆς diéμeiver xikiag. Compare c. 75, x. 59. Plutarch, Publ. 10, says of both customs, καὶ τοῦτο μέχρι νῦν διαφυλάττουσιν οἱ ἄρχοντες. Compare Livy, ii. 7. Cicero, Rep. ii. 31, represents Valerius as taking the axes out of the fasces, and as establishing the custom that the consuls should each have the twelve fasces in alternate months; in order that there might not be more emblems of supreme power under the free consular government than under the kings. This rule, according to Livy, ii. 1, had been made under Brutus and Collatinus: see above, p. 2. Zonaras, vii. 13, says that Valerius took the axes out of the fasces, and submitted the fasces to the people. The account of Valerius Maximus, iv. 1, 1, is that Valerius took out the axes, lowered the fasces to the people, halved their number, and gave the priority of them to his senior colleague, Lucretius. The lex Julia transferred the priority of the fasces from the senior consul, to the consul who had most children: Gell. ii. 15. Dionysius describes Coriolanus, as preceded by the fasces with the axes, when commander of the Volscian army; viii. 44.

(41) Dion. Hal. v. 19, 70; Plut. Publ. ii. 12; Livy, ii. 8. Cicero, Rep. ii. 31, who attributes to Valerius only the law concerning the appeal, says that it was the first law passed in comitia centuriata. The same statement is made by Val. Max. iv. 1, 1. Dionysius specifies two Valerian laws one making it a capital offence to act as a magistrate without

The dedication of the temple of Jupiter on the Capitol is generally referred to this year. Its construction by the Tarquins has been already mentioned. (42) The consul Horatius is said to have dedicated it, and the ceremony is supposed to have been interrupted by a message of his son's death. The story, which forms a part of the foundation legend of this temple, is given with minute details. (43)

§ 5 In the following year, Valerius and Lucretius, the consuls, are stated to have instituted a census according to the Servian law two quæstors were now, according to some authorities, for the first time appointed, and the temple of Saturn was declared the treasury, as it remained in later times. (H) Other writers however speak of the quæstors as having existed under the kings.(+5) The accounts respecting the origin of this office

receiving the authority from the people-the other granting an appeal from the sentence of a magistrate. Livy likewise specifies two: one making it treason to attempt to obtain the office of king-the other relating to the appeal. The first law of Dionysius appears to be substantially identical with the first law of Livy. Plutarch however distinguishes them; so that he makes three Valerian laws. He likewise adds a fourth, repealing the property taxes payable by the citizens. This latter measure is subsequently mentioned by Livy, but is attributed by him to the Senate, not to Valerius: ii. 9. The Valerian law making it a capital offence to act as a magistrate without election by the people, was repealed pro tanto when the office of dictator was created. The dictator was named by one of the consuls, when the necessity for the nomination had been decreed by the Senate. L. Junius Brutus the tribune, in a speech in Dion. Hal. vii. 41, states that the Valerian law de provocatione preserved the internal concord of the city, and induced the people to take arms for repelling the Tarquins.

(42) Above, vol. i. p. 474, 512.

(43) Livy, ii. 8; vii. 3; Plut. Publ. 14; Plin. H. N. xxxiii. 6; Polyb. iii. 22: but Dionysius, v. 35, and Tacit. Hist. iii. 72, place it in the 3rd year of the Republic, in the second consulship of Horatius. Compare Dio Cass. xiii. 2; Serv. Æn. xi. 2.

(44) Dion. Hal. v. 20; Plut. Publ. 12; Zonaras, vii. 13. According to Plutarch, the quæstors were named P. Veturius and Minucius Marcus. Livy, iv. 4, and Pomponius de Orig. Jur. § 22, likewise represent the office of quæstor as having been created under the Republic. The former mentions quæstors with judicial functions, ii. 41, and the increase of their number, from two to four; iv. 43. Livy and Dionysius place the dedication of the temple of Saturn in a later year: Livy, iii. 21; Dion. Hal. vi. 1. See Becker, vol. i. p. 313. Concerning the use of the temple of Saturn as a treasury, see Plut. Quæst. Rom. 42.

(45) Tacit. Ann. xi. 22. Sed quæstores regibus etiam tum imperantibus constituti sunt; quod lex curiata ostendit, ab L. Bruto repetita.

are conflicting and confused; and the opinions of modern writers on the subject various and inconsistent.(+6)

Under this, or the next year, is placed the commencement of the war of Porsena against the Romans. After his recent defeat, Tarquin had taken refuge with Porsena, king of the town of Clusium. This powerful Etruscan prince promised succour to Tarquin, and led an army against Rome, which was strengthened by Octavius Mamilius, son-in-law of Tarquin, at the head of some revolted Latin states. An engagement took place near the Janiculum,(7) in which the Romans were worsted. On their retreat over the wooden bridge, the Pons Sublicius, the celebrated exploit of Horatius Cocles was performed, who, supported by Sp. Larcius and T. Herminius, repelled the Etruscans until the Romans had crossed, and afterwards cut off the bridge, (48) whereupon he swam safely across the river. In memory of this action, which conferred upon him immortal renown, (19) the people set up a brazen armed statue of him in the Forum, which was still extant in the time of Pliny, and gave him as much public land as he could plough round with a pair of oxen in one day. The inhabitants of the city, being more than 300,000 in number, likewise presented him each with one day's food, at the time of the greatest want of provisions.(50)

(46) See Becker, ii. 2, p. 328. The passage of Ulpian de Off. quæst. ap. Dig. i. 13, appears to refer to the judicial office of quæstor under the kings. See Becker, ib. p. 329. A conjecture respecting the origin and meaning of the expression quastores classici, used in Lydus de Mag. i. 27, may be seen in Niebuhr, Hist. vol. i. p. 430.

(47) The occupation of the Janiculum by Porsena is alluded to in the speech of Appius; Livy, vi. 40.

(48) Virgil represents Cocles as himself breaking off the bridge: Pontem auderet quod vellere Cocles ;' Æn. viii. 650.

(49) τοῦτο τὸ ἔργον ἀθάνατον αὐτῷ δόξαν εἰργάσατο, says Dion. Hal. v. 25. Livy remarks: incolumis ad suos tranavit, rem ausus plus famæ habituram ad posteros quam fidei;' ii. 10.

(50) Concerning the rewards of Cocles, see Dion. Hal. v. 25; Livy, ii. 10. Plut. Publ. 16; Script. de Vir. Ill. 11. Gellius, iv. 5, states that the statue of Cocles in the Comitium was once struck by lightning; that the Etruscan diviners, who were consulted on the subject, being actuated by a hostile spirit, recommended a mode of expiation which would have aggravated the anger of the gods, instead of appeasing it; and that, being detected in this design, they were sentenced by the people and executed. The mode of

Polybius, writing at an earlier time than the historians whose works have come down to us, likewise relates this story, but he describes Horatius Cocles as having thrown himself into the river, and been drowned, after he had maintained the bridge until it was cut off. (51) If, therefore, Polybius followed the version current in his own time, the story of the grant of land, and of the gift of one day's food, had not as yet been invented.

Rome then underwent a close siege, and the inhabitants were severely tried; but the consuls and Senate had secured the allegiance of the people by taking measures, on the first alarm of war, for affording them relief. Corn was purchased abroad, (52) salt in the hands of private dealers was seized, and sold to the public at cheap rates, the poor were exempted from custom duties and property tax. (53) The Romans had likewise derived

expiation which they had recommended was that the statue should be removed to a lower position, which was so surrounded by buildings that the sun never shone upon it. Instead of this, it was placed in the court of the temple of Vulcan on an eminence. Hence arose the common verse: 'Malum consilium consultori pessimum est.'

The preceding narrative is cited from the Annales Maximi, and, as has been already observed, has all the appearance of a recent antiquarian fiction. Above, vol. i. p. 166. Plutarch, ib. says that the statue was originally set up in the temple of Vulcan, in consequence of Cocles having been lamed by his wounds. This story assigns a totally different reason for the choice of the temple of Vulcan from that given in the Annales Maximi. The Scriptor de Vir. Ill. 11, speaks of the statue of Cocles being placed in the Vulcanal. Pliny mentions the statue as extant in his time: Alia causa, alia auctoritas M. Horatii Coclitis statuæ, quæ durat hodieque, cum hostes a ponte Sublicio solus arcuisset;' N. H. xxxv. 11. A saying of Cocles is recorded by Serv. Æn. viii. 646, that being reproached in the Comitia with his lameness, he replied: Per singulos gradus admoneor triumphi mei.' Compare Myth. Lat. i. 74, ed. Bode. The lameness of Cocles and his reward of as much land as he could plough round in a day, are mentioned by Plut. An seni sit ger. Resp. c. 27. His lameness is likewise alluded to in Dio Cass. xlv. 32, cf. c. 31. With respect to the mode of measuring land adopted for the reward of Cocles, see Grimm, Deutsche Rechtsalterthümer, p. 90, 91; Pliny, N. H. xviii. 3. (51) vi. 55.

(52) Livy, ii. 9, mentions the Volscian country and Cumæ as the places from which corn was obtained. Dionysius, v. 26, names Cuma and the Pomentine plain; which two statements agree. Dionysius, ib. says that the Romans applied to the Latins for assistance, but met with a refusal. Livy says nothing of this.

(53) Dionysius speaking of the measures of the consuls respecting the poor, says: καὶ γὰρ ἀτελεῖς αὐτοὺς ἁπάντων ἐψηφίσαντο εἶναι τῶν κοινῶν τελῶν, ὅσα βασιλευομένης τῆς πόλεως ἐτέλουν, καὶ ἀνεισφόρους τῶν εἰς τὰ

encouragement from a favourable omen which occurred at this moment. A short time before his expulsion, Tarquin had employed some potters at Veii to make a chariot of clay, to be placed on the summit of the Capitoline temple of Jupiter. When this fabric was baked, instead of shrinking, as is ordinarily the case with works of clay, it swelled so as to be with difficulty withdrawn from the oven. This preternatural increase of size portended an increase of power to those who became possessed of the chariot.(5) The Veientes, accordingly, refused to give it up to the Romans; saying that it belonged to Tarquin, not to those who had expelled him. But a few days afterwards, the victor in a chariot-race at Veii, being carried away by his horses, was unable to stop them until they overthrew him at the Ratumene gate of the Capitol. (55) The Veientes now saw that it was the

στρατιωτικὰ καὶ τοὺς πολέμους ἀναλισκομένων ἐποίησαν; ν. 22. Dionysius here speaks of the taxes of the poor as if they had been uniform under the kings: whereas, according to his own representation, a new and equitable system of taxation was introduced by Servius, which was replaced by an unjust and oppressive poll-tax of ten drachmas, by Tarquin II.; see, iv. 43. Livy makes a similar antithesis between the regal and consular periods: Itaque hæc indulgentia patrum, asperis postmodum rebus in obsidione ac fame, adeo concordem civitatem tenuit, ut regium nomen non summi magis quam infimi horrerent;'ii. 9. This account implies that in the second year of the Republic, it was found expedient to resort to extraordinary measures of financial relief, in order to attach the poorer class of citizens to the new state of things. This, again, does not agree with Livy's account of the detestation with which the reign of Tarquin had been regarded. Quæ libertas ut lætior esset, proximi regis superbia fecerat;' ii. 1. The present measure of relief appears to have been converted by other writers into one of the Valerian laws, and to have been related without any reference to the war with Porsena: see Plut. Publ. 11, where the effect of the exemption of the poor from property tax is stated to be that it made them more industrious-not that it made them better affected to the consular government, and more hostile to Tarquin. See above, p. 12, n. 41.

(54) Among a long list of prodigies in Livy, xxi. 62, it is mentioned that at Cære, 'sortes extenuatæ,' and again in xxii. 1, at Falerii, 'sortes suâ sponte attenuatæ.' These two prodigies, both at Etruscan towns, were the converse of the prodigy of the clay chariot; they were unlucky, as they consisted in the shrinking of the sacred lots. See above, vol. i. p. 162, n. 101.

(55) Veii is distant from Rome from ten to twelve miles. See Gell's Topography of Rome, ed. Bunbury, p. 440. It is moreover, on the opposite side of the Tiber, which was then only crossed by one wooden bridge. The story of the charioteer being run away with to the Capitol must therefore be fabulous. It should be observed that the Ratumene gate of the Capitol was the gate most distant from Veii. Nardini, Analisi della carta de' dintorni di Roma (ed. 2), vol. iii. p. 428.