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A prolonged resistance of the citizens within their walls might have given the impulse to a general rising of the Latins. Had Fregellae played the part of a second Numantia, the Social War might have been anticipated by thirty-five years. But the advantage to be gained from time was foiled by treason.
A second blow was inflicted on him by the consular elections, which not only proved in a general sense adverse to the democracy, but which placed at the head of the state Lucius Opimius, who as praetor in 629 had conquered Fregellae, one of the most decided and least scrupulous chiefs of the strict aristocratic party, and a man firmly resolved to get rid of their dangerous antagonist at the earliest opportunity.
All he asked was that the grievances which had led to the revolt of Fregellae, and the dangers revealed by that revolt, should be removed. The numbers of the added citizens would not be overwhelming; for the majority of Italians all that was asked was the possession of certain private rights, which had been so ungrudgingly granted to communities in the past.
Nola was abandoned by its allies; and the Romans had the sagacity to detach the town for ever from the Samnite party by a very favourable convention, similar to that concluded with Neapolis . Fregellae, which after the catastrophe of Caudium had fallen into the hands of the party adverse to Rome and had been their chief stronghold in the district on the Liris, finally fell in the eighth year after its occupation by the Samnites ; two hundred of the citizens, the chief members of the national party, were conveyed to Rome, and there openly beheaded in the Forum as an example and a warning to the patriots who were everywhere bestirring themselves.
These were Cales in the middle of the Campanian plain, whence the movements of Teanum and Capua could be observed, and Fregellae , which commanded the passage of the Liris. Both colonies were unusually strong, and rapidly became flourishing, notwithstanding the obstacles which the Sidicines interposed to the founding of Cales and the Samnites to that of Fregellae.
The Italians had no course left save to submit patiently or to repeat once more, and if possible with their united strength, the attempt which had been crushed in the bud five-and-thirty years before by the destruction of Fregellae so as by force of arms either to destroy Rome and succeed to her heritage, or at least to compel her to grant equality of rights.
The Roman Senate refused to sanction the treaty, and gave up the consuls, at their own request, in fetters to the Samnites. The Samnites refused to receive them, spared the hostages, and began the war anew. The Roman consuls, Papirius Cursor and Fabius Maximus, gained a victory at Capua, drove the Samnites out of Campania, and reconquered Fregellae.
Through a rich country, whose flourishing condition he beheld with astonishment, he marched against Fregellae which he surprised, forced the passage of the Liris, and reached Anagnia, which is not more than forty miles from Rome.
On hearing that the citadel of Fregellae was taken by the Samnites, he left Bovianum, and proceeded to Fregellae, whence, having recovered possession of it without any contest, the Samnites abandoning it in the night, and having placed a strong garrison there, he returned to Campania, directing his operations principally to the recovery of Nola.
The investigation directed against the supporters of his brother was the crucial instance which he brought before the people, and it is possible that, at a still later date, the inquiry which followed the fall of Fregellae had been instituted on the sole authority of the senate and had found a certain number of victims in the citizen body.
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