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fragments from the Digest (which had been conv-piled several years before he wrote), his eye rested on the heading of the extract from Gaius, which immediately precedes the extract from Pomponius, and is conspicuous from being at the beginning of the second title of the first book of the Digest.
Niebuhr builds largely (in the opinion of Dirk-sen and other eminent modern critics, too largely) on the fact that Lydus cites from Gaius that which the Digest gives to Pomponius. It is Niebuhr's theory, that the commencement of the treatise of Gaius in the Twelve Tables gave an account of the early constitution and the vicissitudes of the Roman magistrates ; that Gaius, in this part of his work, took Gracchanus for his principal authority; and that Gaius is trustworthy when he chooses Gracchanus as a guide, but is not a safe and critical antiquary when he depends on his own researches. According to Niebuhr, Pomponius unfairly appropriates the work of Gaius, which he epitomises in his Enchiridion, while Lydus, by honestly copying Gaius, preserves copious remains of Gracchanus. Pomponius, in the fragment De Origine Juris, sometimes counts dates by the number of years from the expulsion of the kings, or from the first consulship. (Dig. 1. tit. 2. s. 2. § 20.) Lydus (i. 38) adopts the same mode of reckoning. Niebuhr assumes that all such statements connected with the history of the magistrates, and adapted to the years of the consular era, are derived from Gracchanus. Gracchanus, he maintains, was an invaluable historian of the constitution, possessed the soundest notions, and derived his information from the most authentic sources, such as the writings of the pontiffs and the early law-bodks.
Though the remains, which can with certainty be attributed to Gracchanus, are very scanty, and scarcely warrant such unqualified panegyric, they undoubtedly make us acquainted with some interesting and valuable facts in the early history of Rome.
(Niebuhr, Hist, of Rome, vol. ii. pp. 10—12, pp. 1183 n. 251, vol. iv. p. 40 ; Heffter, in Rhein. Museum fur Jurisp. vol. ii. pp. 117—124 ; Dirk- sen, Vermischte Schriften, 8vo. Berlin, 1841, pp. 51 —68 ; Dirksen, Bruchstucke^ &c., pp. 56—60 ; Krause, Vit. et Frag. Hist. Rom. pp. 221-2, where the praenomea of Gracchanus is erroneously stated to be C. instead of M.) [J. T. G.]
1. tib. sempronius, tib. f. C. n. gracchus, was consul in b. c. 238 ; and with his colleague, P. Valerius Falto, carried on a war in Sardinia and Corsica, shortly after the insurrection of the Carthaginian mercenaries. He conquered the enemy, but, though he made no booty, he is said to have brought back a number of worthless captives. (Fest. s. v. Sardi; Zonaf. viii. 18 ; comp. Polyb. i. 88 ; Oros. iv. 12.)
2. tib. sempronius, tib. p. tib. n. gracchus, a distinguished general of the second Punic war. In b. c. 216 he was curule aedile; and shortly after the battle of Cannae, he was appointed ma-gister equitum to the dictator, M. Junius Pera, who had to levy a fresh army against Hannibal. Both then pitched their camp near Casilinum ; and the dictator being obliged to return to Rome, Gracchus was entrusted with the command of the camp ; but in accordance with the dictator's com-
mand, he abstained from entering into any engagement with the enemy, although there was no want of favourable opportunities, and although the inhabitants of Casilinum, which was besieged by Hannibal, were suffering from famine. As there was no other way of relieving the besieged without fighting against the enemy, he contrived in three successive nights to send down the river Vulturnus casks filled with provisions, which were eagerly caught up by the inhabitants, the river flowing through the town. But in the fourth night the casks were thrown on shore by the wind and waves, and thus discovered by the enemy, who now, with increased watchfulness, prevented the introduction of any further supplies into Casilinum. The famine in the place increased to such a fearful degree, that the people and the garrison, which chiefly consisted of Praenestines, fed on leather, mice, and any herbs they could get, until at length they surrendered. The garrison was allowed to depart on condition of a certain sum being paid for every man. Out of 570 men, more than half had perished in the famine, and the rest, with their commander, M. Anicius, went to Praeneste, where afterwards a statue was erected to Anicius, with an inscription recording the sufferings of the besieged at Casilinum. Shortly after this affair Gracchus accompanied the dictator to Rome, to report on the state of affairs, and to take measures for the future. The dictator expressed great satisfaction with the conduct of Gracchus, and recommended him for the consulship, to which he was accordingly elected for the year b. c. 215, with L. Postumius Albinus. The time was one of great disasters for Rome ; but Gracchus did not lose his courage, and inspired the senate with confidence, directing their attention to the point where it was most needed. He undertook the command of the volones and allies, marched across the river Vulturnus, and pitched his camp in the neighbourhood of Liternum. He there trained and disciplined his troops, and prepared them to meet the enemy. On hearing that the Campanians were about to hold a large meeting at Hamae, he marched towards Cumae, where he encamped, and from whence he made an unexpected attack upon the assembled Campanians. They were, routed in a very short time, and 2000 of them, with their commander, Marius Alfius, fell in the engagement. After taking possession of their camp, Gracchus quickly returned to Cumae, as Hannibal was encamped at no great distance. The latter, on hearing of the affair of Hamae, hastened thither, but came too late, and found only the bodies of the slain, whereupon he too returned to his camp above Tifata; but immediately after he laid siege to Cumae, as he was anxious to obtain possession of a maritime town. Gracchus was thus besieged by Hannibal: he could not place much reliance on his troops, but was obliged to hold out for the sake of the Roman allies, who implored his protection. He made a sally, in which he was so successful, that the Carthaginians, being taken by surprise, lost a great number of men ; and before they had time to turn round, he ordered his troops to withdraw within the walls of Cumae. Hannibal now expected a regular battle; but, as Gracchus remained quiet, he raised the siege, and returned to Tifata. Soon afterwards Gracchus marched his troops from Cumae to Luceria in Apulia.
For the year 214 his imperiuiu was prolonged,