Let no one hinder them to depart, when they think proper."

Accordingly, they returned, unhurt, from Caudium to the Roman camp, having acquitted certainly their own faith, and perhaps that of the public.

IMPEACHMENT OF PUBLIUS CORNELIUS SCIPIO, SURNAMED AFRICANUS, AND OF LUCIUS CORNELIUS SCIPIO, SURNAMED ASIATICUS.

BY LIVY.

LIVY, or Titus Livius, a Roman historian, was born in Padua, about sixty years before Christ. He removed to Rome, where he wrote, at least, by far the greater part of his Work.

The impeachment of the Scipios, for embezzlement of public money, took place in the year 565, after the building of Rome, or in the year 187, before the birth of Christ ; consequently, about a century and a half before Livy wrote its account. The following extract is from the translation

of George Baker.

THE two Petilii, as Valerius Antias writes, instituted a prosecution against Publius Scipio Africanus. This proceeding was variously construed, according to people's different dispositions; some blamed, not the plebeian tribunes, but the public in general, that could suffer such a process to be carried on. They observed, that "the two greatest States in the world proved, nearly at the same time, ungrateful to their chief commanders: but Rome, the more ungrateful of the two, because Carthage was subdred, when she sent the vanquished Hannibal into exile; whereas Rome, when victorious, was for banishing Africanus, who procured her the victory." Others asserted, that " no one citizen ought to stand so high above the rest, as not to be made answerable to the laws, for his conduct; for nothing contributed so much towards maintaining the equipoise of liberty, as that the most powerful might be brought to trial. For how could any charge, especially the administration of government, be safely intrusted to any man, if he were not liable to be called tc

an account? If there were any, who could not endure an equality of rights, against such, force might justly be employed." Such were the common topics of conversation, until the day of trial came. Never was either any other person, or Scipio himself, when Consul or Censor, escorted to the forum by more numerous multitudes, of all kinds, than he was, on that day, when he appeared to answer to the charge against him. When ordered to make his defence, without taking any notice of the facts laid to his charge, he delivered a speech, in which he set forth his own exploits in such splendid terms, that it was universally agreed, that no man's praises had been ever represented, either to more advantage or with more truth: for he spoke with the same ardent spirit and powerful genius, which had ever animated his conduct in discharging the duties of his office; nor did his speech excite any disgust in the hearers, as it arose from the peril of his situation, not from motives of ostentation.

The plebeian tribunes, in order to procure credit to their present accusations, introduced the old imputations, of his luxurious style of living, in his Winter-quarters at Syracuse, and the tumult raised by Pleminius, at Locri. They then brought forward, against him, the charge of receiving money, which they grounded on suspicions, not on proofs. They alleged, that "his son, being taken prisoner, was restored without ransom; and that, in every other instance, Antiochus paid his court to him, as if peace and war with Rome were at his sole disposal. He had acted towards the Consul, in his Province, as Dictator, not as lieutenant-general; nor had he gone thither with any other view, than to propagate in Greece and Asia, and among all the kings and nations eastward, the same opinion, which, at the same time, prevailed in Spain, Gaul, Sicily, and Africa, that he, alone, was the head and pillar of the Roman empire; that a State, which was mistress of the world, lay sheltered under the shade of Scipio; and that his nods were equivalent to decrees of the Senate, and orders of the people." Finding him invulnerable, against all attacks on his honor, they assailed him with the shafts of envy. The pleading having lasted

till night, the trial was adjourned to another day. When that came, the tribunes took their seat in the rostrum, at the dawn of day. The accused, being summoned, came, with a numerous train of friends and dependants, through the middle of the assembly, to the rostrum ; and, silence being made, he said, "Tribunes of the people, and you, Romans this day is the anniversary, on which I fought a pitched battle in Africa, with Hannibal and the Carthaginians, and found good fortune and success. As, therefore, it is but decent, that a stop be put, for this day, to litigation and wrangling, I will immediately go to the Capitol, there to return my acknowledgements to Jupiter, supremely good and great; to Juno, Minerva, and the other deities presiding over the Capitol and citadel, and will give them thanks, for having, on this day, and at many other times, endowed me both with the will and ability to perform extraordinary services to the Commonwealth. Such of you, also, Romans, as can, conveniently, come with me, and beseech the gods, that you may have commanders like myself; since, from my seventeenth year to old age, you have always anticipated my years with honors, and I, your honors with services." Accordingly, he went up from the rostrum to the Capitol; and, at the same time, the whole assembly turned about, and followed him; insomuch, that, at last, even the clerks and mes sengers left the tribunes, not one remaining, except the slaves who attended them, and the crier, whose office it was to summon those who were under prosecution. pio, attended by the whole body of the Roman people, went round all the temples of the gods, not only in the Capitol, but throughout the whole city. This day afforded more ample testimony of the favor of the public, and a clearer estimate of his real greatness, than that on which he rode through Rome, in triumph over King Syphax and the Carthaginians.

Sci

It was, however, the last day that shone with lustre on Publius Scipio: for, as he could foresee nothing but the prosecutions of envy, and continual disputes with the tribunes, before the time, to which the hearing of the cause was adjourned, he retired to Liternum, with a fixed deter

His natural temper and

mination not to attend the trial. spirit was so lofty, and he had been habituated to such an elevated course of fortune, that he did not know how to act the part of an accused person, or stoop to the humble deportment of such a state. When the day came, on his not appearing, he was called by the crier, and Lucius Scipio offered, as an excuse, that his absence was caused by sickness. This excuse, the tribunes, who were the prosecutors, would not admit; but insisted, that his not coming to answer the charges against him, was owing to the same arrogance, with which he had left the trial, the tribunes of the people, and the general assembly; and, dragging after him, like prisoners, the very men whom he had robbed of the right of passing sentence on him, together with their freedom of suffrage, had exhibited a triumph over the Roman people, and made a secession, the same day, from the tribunes to the Capitol. "You have, therefore," said they, "the due reward of that thoughtless conduct. You are, yourselves, forsaken by him, under whose lead and direction you forsook us. And, sc much is the Roman spirit daily on the decline, that, al though, seventeen years ago, when he was at the head of an army and fleet, we had resolution enough to send plebeian tribunes, and an edile, into Sicily, to take him into custody, and bring him home to Rome; yet we dare not now, when he is a private citizen, send to compel him to come from his country-seat, to stand his trial." Lucius Scipio appealing to the tribunes of the commons, they came to this determination, that, "as sickness had been pleaded in his excuse, it was their judgement, that this excuse should be admitted, and that their colleagues should adjourn the hearing of the cause.

Tiberius Sempronius Gracchus was, at that time, a plebeian tribune; and between him and Publius Scipio, there was an enmity subsisting. He had forbidden his name to be subscribed to the determination of his colleague, and every one expected from him a sentence more severe, when he pronounced his judgement thus: that, "Inasmuch as Lucius Scipio had pleaded sickness, in excuse for his brother, that plea appeared to him to be