oss of armies, than the
fining them in a sum of money. Until that day, a capital prosecution for
ill conduct in war had never been instituted against any commander, but
now generals of the Roman people when victorious, and meriting the most
honourable triumphs, are threatened with rods and axes; a treatment
which would not have been deemed allowable, even towards those who had
been defeated by an enemy. What would his son have to suffer, if he had
occasioned the loss of the army? if he had been routed, put to flight,
and driven out of his camp? To what greater length could his resentment
and violence be stretched, than to scourge him, and put him to death?
How was it consistent with reason, that through the means of Quintus
Fabius, the state should be filled with joy, exulting in victory, and
occupied in thanksgivings and congratulations; while at the same time,
he who had given occasion to the temples of the gods being thrown open,
their altars yet smoking with sacrifices, and loaded with honours and
offerings, should be stripped naked, and torn with stripes in the sight
of the Roman people; within view of the Capitol and citadel, and of
those gods not in vain invoked in two different battles? With what
temper would the army which had conquered under his conduct and auspices
have borne it? What mourning would there be in the Roman camp! what joy
among their enemies!" This speech he accompanied with an abundant flow
of tears; uniting reproaches and complaints, imploring the aid both of
gods and men, and warmly embracing his son.

34. On his side stood the majesty of the senate, the favour of the
people, the support of the tribunes, and regard for the absent army. On
the other side were urged the inviolable authority of the Roman
government and military discipline; the edict of the dictator, always
observed as the mandate of a deity; the orders of Manlius, and his
postponing even parental affection to public utility. "The same also,"
said the dictator, "was the conduct of Lucius Brutus, the founder of
Roman liberty, in the case of his two sons. That now fathers were
become indulgent, and the aged indifferent in the case of the authority
of others being despised, and indulge the young in the subversion of
military order, as if it were a matter of trifling consequence. For his
part, however, he would persevere in his purpose, and would not remit
the smallest part of the punishment justly due to a person who fought
contrary