21.
Marcus Juventius Thalna, the praetor who had the jurisdiction between natives and foreigners, stimulated the public resentment against the Rhodians, and promulgated a bill, that “war should be declared against the Rhodians, and that the people should choose one of the magistrates of the present year, who should be sent with a fleet to carry on that war;” with the hope that he himself should be the person chosen.
[2]
Two of the plebeian tribunes, Marcus Antonius and Marcus Pomponius, opposed this proceeding. But the praetor, on his part, commenced the business in an unprecedented and pernicious manner; for without first consulting the senate, and without acquainting the consuls, of his own sole judgment he proposed to the people the question, “was it their will and order that war should be declared against the Rhodians?” whereas, ever until then, the senate was first consulted concerning the war, and then the business was laid before the people.
[3]
On the other side, the plebeian tribunes opposed this proceeding; although it was a received rule that no tribune should protest against a proposal, until opportunity was given [p. 2139]to private citizens to argue for and against it; in consequence of which it had often happened that some, who had avowed no intention of protesting, having discovered defects in the law from the discourses of those who opposed it, on that account did protest; and some who came avowedly to protest, abstained from it, being convinced by the arguments of those who spoke in favour of the law.
[4]
On this occasion the praetor and tribunes vied with each other in doing every thing out of time.1
1 Crevier supplement: [5] “While the tribunes blamed the hasty proceeding of the praetor, they imitated the example by protesting before their time. The only pretence they alleged for it was, the necessity for adjourning the entire deliberation concerning the Rhodians until the return of the general and the ten commissioners from Macedon, who, after most carefully weighing the matter ac- cording to the communications received in their letters and tab- lets, were likely to give certain information relative to the feelings which each state had borne towards Perseus or the Romans. But when the praetor, nevertheless, persisted in his determination, the matter came to this, that Antonius, the tri- bune of the commons, after bringing [6??] the ambassadors before the people, dragged down from the rostrum Thalna, who was attempting to ascend it contrary to his wishes, and was be- ginning to address the people, and gave the Rhodians an opportunity of speaking before the general assembly. But although the violent and impetuous attempt of the praetor had been defeated by corresponding firmness on the part of the tribune, still anxiety did not as yet leave the minds of the Rhodians; for the senators bore them a most unfriendly feel- ing; so that the Rhodians were relieved from the impending evil for the present, rather than completely rescued from it. Therefore, when a meeting of the senate was granted to them, after requesting it for a long time and frequently, on their introduction by the consul they lay at first for a long time with their persons prostrated on the ground; afterwards, when the consul raised them up and ordered them to speak, Asty- medes, whose appearance was most calculated to excite pity, spoke to the following effect: "Conscript fathers, this grief and degradation of allies, who enjoyed your friendship a short time ago, cannot fail to be pitied even by those who are [7??] irri- tated against us; and how much more justly will compassion enter your minds, if you will but consider the hard conditions [p. 2140]under which we this day, in your presence, plead the cause of our state, already almost [8??] condemned. Others are accused prior to their condemnation; nor do they suffer punishment until their guilt is ascertained.
”
Livy. History of Rome by Titus Livius, books thirty-seven to the end, with the epitomes and fragments of the lost books. literally translated, with notes and illustrations, by. William A. McDevitte. York Street, Covent Garden, London. Henry G. Bohn. John Child and son, printers, Bungay. 1850. 4.
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