ot, from want of caution,
been drawn into a disadvantageous position; that he had not been cut
off by an ambuscade in consequence of not having explored his route,
but had been vanquished by open force, and by arms, in a regular
engagement. He had not in his power the minds of his own troops, or
those of the enemy. Courage and cowardice were the result of each
man's natural constitution." He was twice accused, and the penalty was
laid at a fine. On the third accusation, at which witnesses were
produced, he was not only overwhelmed with an infinity of disgraceful
charges, but a great many asserted on oath, that the flight and panic
commenced with the praetor, that the troops being deserted by him, and
concluding that the fears of their general were not unfounded, turned
their backs; when so strong a feeling of indignation was excited, that
the assembly clamorously rejoined that he ought to be tried capitally.
This gave rise to a new controversy; for when the tribune, who had
twice prosecuted him as for a finable offence, now, on the third
occasion, declared that he prosecuted him capitally; the tribunes of
the commons being appealed to, said, "they would not prevent their
colleague from proceeding, as he was permitted according to the custom
of their ancestors, in the manner he himself preferred, whether
according to the laws or to custom, until he had obtained judgment
against a private individual, convicting him either of a capital or
finable offence." Upon this, Sempronius said, that he charged Cneius
Fulvius with the crime of treason; and requested Caius Calpurnius, the
city praetor, to appoint a day for the comitia. Another ground of hope
was then tried by the accused, viz. if his brother, Quintus Fulvius,
could be present at his trial, who was at that time flourishing in the
fame of his past achievements and in the near expectation of taking
Capua. Fulvius wrote to the senate, requesting the favour in terms
calculated to excite compassion, in order to save the life of his
brother; but the fathers replied, that the interest of the state would
not admit of his leaving Capua. Cneius Fulvius, therefore, before the
day appointed for the comitia arrived, went into exile to Tarquinii,
and the commons resolved that it was a legal exile.

4. Meanwhile all the strength of the war was directed against Capua.
It was, however, more strictly blockaded than besieged. The slaves and
populace could neither endure the famine, nor se