After the first
negotiations it turned out that not an armistice merely but a peace
was purchaseable at the Roman head-quarters. The royal treasury
was still well filled with the savings of Massinissa; the transaction
was soon settled. The treaty was concluded, after it had been for the
sake of form submitted to a council of war whose consent was procured
after an irregular and extremely summary discussion. Jugurtha
submitted at discretion; but the victor was merciful and gave him back
his kingdom undiminished, in consideration of his paying a moderate
fine and delivering up the Roman deserters and the war elephants
(643); the greater part of the latter the king afterwards repurchased
by bargaining with the individual Roman commandants and officers.
On the news of this peace the storm once more broke forth in Rome.
Everybody knew how the peace had been brought about; even Scaurus was
evidently open to bribery, only at a price higher than the ordinary
senatorial average. The legal validity of the peace was seriously
assailed in the senate; Gaius Memmius declared that the king, if he
had really submitted unconditionally, could not refuse to appear in
Rome, and that he should accordingly be summoned before them, with
the view of ascertaining how the matter actually stood as to the
thoroughly irregular negotiations for peace by hearing both the
contracting parties. They yielded to the inconvenient demand: but
at the same time granted a safe-conduct to the king inconsistently
with the law, for he came not as an enemy, but as one who had made
his submission. Thereupon the king actually appeared at Rome and
presented himself to be heard before the assembled people, which was
with difficulty induced to respect the safe-conduct and to refrain
from tearing in pieces on the spot the murderer of the Italians at
Cirta. But scarcely had Gaius Memmius addressed his first question
to the king, when one of his colleagues interfered in virtue of his
veto and enjoined the king to be silent. Here too African gold was
more powerful than the will of the sovereign people and of its
supreme magistrates. Meanwhile the discussions respecting the
validity of the peace so concluded went on in the senate, and the
new consul Spurius Postumius Albinus zealously supported the proposal
to cancel it, in the expectation that in that case the chief command
in Africa would devolve on him. This induced Massiva, a grandson of
Massinissa living in
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