The Comic History of Rome Part 3

Of the condition of the people at this early period little or nothing can be known, and to amuse ourselves with idle guesses, would be scarcely better than to turn into a game of blindman's buff the important business of history. We can however state, with confidence, that the earliest Romans had no regular coinage, but were in the habit of answering with bra.s.s, in the rudest shape, the demands of their creditors. Servius Tullius is reputed to have been the first who converted the bra.s.s into coin, and marked it with the figure of a horse or some other animal,[12] as an emblem, perhaps, of the fact, that money runs away very rapidly.

Among the early Romans, the most honourable occupations were agriculture and war; the latter enabling the citizens to make a conquest of the soil with the sword, and the former teaching them to subdue it to their purposes by the implements of husbandry. Trade and commerce were held in contempt, and left to the plebeians; the patrician considering himself suitably employed only when he was thras.h.i.+ng his corn, or performing the same operation on his enemies.

During the early existence of the city the native artists were few, and the great works of architecture undertaken by the later kings were embellished by foreign talent from Etruria. The writing-master had made so little progress in ancient Rome, that it is doubtful whether many of the patricians could write their own names; and even some of the most distinguished characters of the day were men of mark, not only by their position, but by their signatures.

It is not very gratifying to the friends of education to find that though ignorance was almost universal among the early Romans, there was a wholesome tone of morality among the people, which led them, not only to condemn in their traditions the cruelty and laxity of principle prevailing in the family of their last king, but to pay due reverence to the domestic virtues of Lucretia. The legend of the latter being found spinning with her maids, while the princesses of the house of Tarquin were reeling in the dance, during the absence of their respective husbands, is sufficient to show the estimation in which decency and sobriety were held, as well as the odium that attached to riotous revelry. The patrician youth of infant and unlettered Rome would have been ashamed of those nocturnal gambols which have prevailed among portions of the juvenile aristocracy and gentry in more civilised countries, and in a more enlightened age, when door-knockers, and bell-handles, have been carried off as the _spolia opima_ of some disorderly triumph.

[Ill.u.s.tration]

FOOTNOTES:

[10] Some say that Tarquinius Priscus bought the books; but it is of little consequence who was the real buyer, as the whole story is very probably "a sell" on the part of the narrators, as well as of the sibyl.

[11] Cicero. It is true this was said at a much later time than that of which we are now writing; but dancing, except in connection with certain ceremonies, was considered degrading by the Romans from the earliest period.

[12] Hence, from the word _pecus_, cattle, was derived _pecunia_, signifying money, and giving rise to our own word "pecuniary."

CHAPTER THE FIFTH.

FROM THE BANISHMENT OF TARQUINIUS SUPERBUS TO THE BATTLE OF LAKE REGILLUS.

[Ill.u.s.tration]

Brutus, who had gained his eminence by swearing that there should be no monarch or single ruler in Rome, found himself in sole possession of the supreme authority. His position presents nothing very remarkable to the modern observer, who is accustomed to see those who have denounced a system yesterday partic.i.p.ating in the profits of the same system to-day, and declaring their own arguments to be thoroughly out of place, as applied to themselves when in office. Brutus, however, could not consistently exercise a power he had sworn to overthrow; and to carry out his anti-monarchical principles, he had either to go out himself, or to ask for a colleague. On the same principle that prefers the half quartern to utter loaflessness, Brutus proposed a partners.h.i.+p in the government; and Collatinus was taken into the firm, which proved to have no firmness at all, for it was dissolved very speedily. The difficulty of agreement between two of the same trade was severely felt by the two popular reformers, who were dividing the substance without the name of that power they had vowed to destroy; it was soon evident that if they had thought it too much for one, they considered it not enough for two; and they were accordingly always quarrelling. To prevent collision, they tried the experiment of taking the supreme authority by turns, each a.s.suming the fasces for a month at a time; but this alternate chopping of the regal sticks, or fasces, which were the emblems of power, led to nothing satisfactory.

A question at length arose, upon which the duality of the ruling mind was so distinctly marked, that the two consuls, whose very name is derived from _con_, with, and _salio_, to leap, were trying to leap in two opposite ways; and an end of their own power was the only conclusion to which they were likely to jump together. Tarquin had retired to Caere, waiting the chances of a restoration of his line; but his line had fallen into such contempt, that he was fis.h.i.+ng in vain for his recall, though he nevertheless sent amba.s.sadors to demand the restoration of himself, or at all events of his private property.

The senate decreed that though Tarquin could not have the fasces, he was at liberty to make a bundle of all the other sticks that might belong to him. On this question Brutus and Collatinus were violently opposed, and both becoming hot, their excessive warmth led to a mutual coolness that ended in an open hostility, which shut out every hope of compromise.

Collatinus gave in by going out, and was succeeded by P. Valerius, one of the party of four who had roused the popular spirit over the bier of Lucretia.

Tarquin's amba.s.sadors, instead of being satisfied with the permission to remove his goods, had other objects in the back-ground; for they had a plan for his restoration in the rear, while they let nothing appear in the van, but the late king's furniture. The plot was being discussed after dinner, by a party of the conspirators, when one of the waiters, who had concealed himself behind the door, overheard the scheme, and ran to Valerius with the exclusive intelligence. The traitors were secured, and when they were brought up before the consuls, Brutus recognising among the offenders his two sons, subjected both them and himself to a very severe trial. Asking them what they had to say to the charge, and getting "nothing" in reply, he looked in the faces of his sons, and declaring that he must cla.s.s all malefactors under one general head, which must be cut off, he called upon the lictors to do their duty. In leaving the other prisoners to be tried by Valerius, Brutus whispered to his colleague, "Now try them, and acquit them, if you can;" but he could only execute the law, and the law could only execute the criminals. The amba.s.sadors were allowed to remain at large, though their plotting proved that they had been at something very little; and the government withdrew the permission that had been granted for the removal of Tarquin's goods, which were divided by means of a scramble among the populace.

Thus Tarquin, who had broken the twenty valuable tables of Servius, was doomed to have the tables turned upon him by the destruction of his own, while every leaf of the former was restored under the Consular government. The landed estates of the Tarquins were distributed among the plebeians, so that the banished family had no chance of recovering their lost ground, which was afterwards known as the Field of Mars, or Campus Martius. The corn on the confiscated property was ripe; but the people felt a conscientious objection to consuming the produce which no labour of their own had reared; and they did not allow the tyrant's grain to outweigh their honest scruple. Throwing all idea of profit overboard, they cast the corn into the Tiber, which, it is said, was so shallow, that the sheaves stuck in the mud, and formed the small island known as the Insula Tiberina. That a piece of land, however small, should be formed by a crop of corn, however plentiful, is difficult to believe: but the story of the wheat can only find reception from the very longest ears; for common sense will admit that in the effort to give credit to the tale, it must go thoroughly against the grain on a proper sifting of all the evidence.

Tarquin relinquis.h.i.+ng his hopes of a restoration by stratagem, resolved on resorting to strategy, and brought into the field a large army, of which the Veii formed a considerable part, and his son Aruns headed the Etruscan cavalry. The Roman consuls commanded their own forces; Valerius being at the head of the foot, and Brutus mounted on a clever cob, with a strong sword, that might be called a useful hack, taking the lead of the equestrians. When Aruns entered the field, he recognised Brutus in Tarquin's cloak, and the young man felt the blood mantling with indignation into his cheek at the first sight of the mantle. He instantly made for Brutus, who with equal eagerness made for Aruns, and so violent was the collision, that the breath was knocked at one blow out of both their bodies.

[Ill.u.s.tration: Aruns and Brutus.]

The hostile leaders having fallen to the ground, the battle shared their fate, and both armies withdrew to their camps; but neither would allow the other the credit of a victory. The legend goes on to state that the G.o.d Silva.n.u.s--an alarmist among the cla.s.sical deities, and synonymous with Pan--was heard shouting in the night that the Etruscans having lost one man more than the Romans, the latter had gained the battle. This announcement of the result of the contest, though only by a majority of one, so alarmed the Etruscans, who were always panic struck at the voice of Pan, that they took to flight, leaving the enemy to carry everything before them, including all the property that the fugitives had left behind them. The remains of Brutus were brought to the Forum, where they lay in state; but the state in which they lay was truly deplorable; for the deceased consul had been so knocked about, that had he been alive, he would scarcely have known himself, even by the aid of reflection. His colleague, Valerius, delivered an oration over his departed virtues, making a catalogue of the whole, and fixing the highest price to every one of them.

The question of "Shall Brutus have a statue?" was soon answered in the affirmative, and he was placed among the kings, though he had destroyed the monarchy. Where failure const.i.tutes the traitor, success makes the patriot: and upon the merest accident may depend the question whether the originator of a design against a bad government shall go to the block of the sculptor, or to that of the executioner.

P. Valerius was in no hurry to ask the people for a colleague, and he for some time did the whole of the business of the chief magistracy himself; so that had it not been for the mere name of the office, Rome might just as well have remained a monarchy. This fact seems to have flashed at last on the public mind; and when it was found that P.

Valerius was building himself a stone residence, in a strong position, a rumour was spread abroad that he was aiming at the foundation of his own house, or family, in the kingly power. On hearing the report he immediately stopped the works of his intended residence, and having called a meeting of the curiae, he appeared before them with his fasces reversed; a sign that the bundles of rods were not intended to be used on the backs of the people alone, but that they were held, as it were, in trust, and in pickle for the punishment of delinquency in general.

This treatment of the fasces so fascinated the people, that they acquitted P. Valerius of every charge, and acknowledging their suspicions of a plot to be groundless, they gave him a plot of ground to build his house upon. Pleased with the taste of popularity, he continued to court it with so much success, that he gained the name of Publicola, or one who honours the public; and he certainly introduced many very wholesome legal reforms, by dabbling in law, in a spirit truly lau-dable. He gave an appeal from the magistrate to the people, in cases where the punishment awarded had been a fine, a whipping, or a hanging; and in the last instance the provision was extremely salutary, for the suspending of a sentence might often avoid the necessity for suspending an alleged criminal. This right of appeal was, however, limited to within a mile from the city; an arrangement that would have justified the formation of a league to abolish the mile, as an unnecessary distinction, of which we can only expose the absurdity, by suggesting the possibility of an offence committed at Knightsbridge being punishable at Newgate with immediate death; while the culprit of Holborn Hill, though nearer the place of execution, would be further from the scaffold.

Having pa.s.sed several salutary acts, and secured, as it were, the cream of popularity to himself, he proposed the election of a colleague who might share the skim with him. The new consul was Spurius Lucretius; but poor Spurius enjoyed none of the genuine sweets of power. He was so far advanced in years, at the period of his advancement to office, that he had already one foot in the grave, and the other foot went in after it immediately on his taking his new position. M. Horatius Pulvillius was chosen in the poor old man's stead, and an incident speedily happened which caused a difference, leading to something more than personal indifference between the two consuls. The temple of Jupiter, on the Capitoline, so called from the incident already related, of the Caput Toli, or head of Tolus, had not yet been dedicated; and it having been arranged that the thing was to be done, the next question that arose was, "Who is to do it?" Both consuls were anxious for the job; and it was at length arranged that lots should be drawn, in order to settle the undecided point, which had led to such a decided coolness between P.

Valerius and his colleague. Horatius was the happy man whom fortune favoured by her choice; and he was in the act of performing the ceremony, when, without any ceremony at all, a messenger rushed in, exclaiming that the son of the consul had suddenly expired. Believing the alarm to be false, Horatius hinted at his suspicion of its being one of the blackest of jobs, by suggesting that those who brought the news should go and attend the funeral. "As for me," he exclaimed, "I have other engagements just now;" and, continuing the work of dedication, he proceeded to mark the commencement of a new era, by driving a huge nail into the wall of the temple. Such was the mode by which chronology was taught to the early Romans, who had their dates literally hammered into them; and, as long as the consul hit the right nail upon the head, or went upon the proper tack, mistake was almost impossible.

The first specimen of diplomacy to be met with in the records of Rome must be referred to the first year of the Republic, when a treaty was concluded with Carthage, and engraved on brazen tables. The material was appropriate to the purpose it served; and the language was so obscure, that a modern treaty could scarcely have surpa.s.sed it in ambiguity. Some parts of it were unintelligible to the most learned of the Romans themselves; and, had any difference arisen as to the interpretation of the treaty, the tables must have been left to brazen it out; for no one could have explained their meaning. Though the doc.u.ment may have mystified many things, it made one thing clear, for it proved history to have been wrong in stating that Horatius succeeded Brutus, for they are described as both being consuls together at the date of the treaty. In following the ordinary version or perversion of the facts or fictions connected with the rise of Rome, we take history as we find it; and though much of it is known to be false, we, by continually making the admission, prevent the bane from remaining very long without the antidote.

P. Valerius was still consul, with P. Lucretius for a colleague, when the old King Tarquin happened to be on a visit, at Clusium, in Etruria, with the local Lar, Porsenna.[13] After supper, Tarquin often grew garrulous about his alleged wrongs, and worked on the sympathies of his host, who declared the Romans should receive, through the medium of Porsenna, a tremendous physicking. The Lar accordingly set forth at the head of his army, and its approach being announced, the people in the suburbs of Rome were frightened out of their wits, and into the city.

Throughout the whole of his journey, Porsenna administered a strong dose to all that opposed his way; and he scoured the country by the most drastic system of pillage. On arriving at Rome, he at once forced the Janiculum, the garrison rus.h.i.+ng with their leader at their head, and the foe almost at their heels, into the city. Nothing was now between the Romans and their a.s.sailants but the wooden bridge, or _Pons Sublicius_; and when the people asked for consolation from their consul, he had none to offer them. Looking at the water, he saw there was no time for reflection; and he ordered the bridge to be cut down, when Horatius Cocles, the gatekeeper, volunteered to offer a check to the enemy. "I want but two," cried Horatius, "two only are wanted, to join with me in throwing for that great stake, the safety of Rome;" and there immediately presented themselves, as ready to "stand the hazard of the die," if die they must, the youthful Spurius Lartius of the Neminian race, and Herminius, belonging to the t.i.ties. The three heroes took their station at the foot of the bridge, resolved that no one should pa.s.s without paying a poll-tax, in the shape of a blow on the head, which the valiant trio stood prepared to administer. A shout of derisive laughter was the only salute they received from the Etruscan army; but the laughter was soon transferred to the other side of the Etruscan mouth, and subsided altogether when no less than half-a-dozen tongues were found to have licked the dust, instead of the enemy. Porsenna's army had advanced to the sound of trumpets, which seemed no longer in a flouris.h.i.+ng condition, but were as incapable of dealing out a blow as the soldiers themselves. A few of the troops in the rear shouted "Forward!" to those in the van; but there was such a determined cry of "Keep back!" among the foremost men, that all were under the influence of a general gib, and every rank gave evidence of rank cowardice.

While the Etruscans were shaking in their shoes on one side of the river, the Romans were s.h.i.+vering their own timbers, and knocking down beams and rafters on the other. They had razed the bridge to the ground, or rather lowered it to the water, when they called to their gallant defenders to come back, while there was still a plank left--a single deal to enable them to cut over to their partners.

Lartius and Herminius, seeing the game was nearly over, thought the only card they had to play was to discard their companion, and save themselves by a trick, which, however, would leave all the honours to Horatius. The two former darted across just before the remainder of the bridge fell, splas.h.i.+ng into the water below, and rendering the tide untidy with the broken fragments.

Horatius was now alone in his glory, with the foe before him, and the flood behind; his only alternative being between a fatally hot reception by the one, and an uncomfortably cold reception by the other.

Disdaining to beg for mercy from Porsenna, he prayed for pity from the Tiber, and making a bold plunge, he threw himself on the kind indulgence of the river. Being fastened up in armour, his case was a particularly hard one, and being enc.u.mbered as he was with his arms, to use his legs was scarcely possible. He nevertheless got on swimmingly, for his heart never sank, and at length, feeling his foot touch the bottom, he knew that his hopes were not groundless.

[Ill.u.s.tration: Horatius Cocles Defending the Bridge.]

By courage and strength Horatius prevailed over every obstacle, and Cocles owed to the c.o.c.kles of his heart, as well as to the muscles of his body, the happy results of his hazardous experiment. To recompense him for his risk by water, the grateful nation gave him a large portion of land, and erected his statue in the Comitium, a portion of the Forum from which orators were in the habit of holding forth, and where the figure of Horatius was placed to speak for itself to the populace.

Though the enemy was kept out of the city, the Romans were kept in, while provisions were growing shorter and shorter every day--a sort of growth that led of course to a constant diminution. Such was the grat.i.tude of the citizens to Horatius, that they subscribed to give him always as much as he could eat; and although the fact involves a pun we abominate, we are obliged to state the truth, that, in order to give him his desert, many went without their dinners.

The Romans had declared they would hold out to the last, and though they were left with scarcely any food, though they might have at once procured it, had they consented to eat their own words, they declined to satisfy their hunger by such a humiliating process. All hope of saving the city being apparently lost, the senate entered into an agreement with one Caius Mucius, who could talk a little Tuscan, and who undertook to go across the water for the purpose of killing Porsenna. Mucius disguised himself in an Etrurian helmet--a sort of Tuscan bonnet--and with a sword concealed under the folds of his ample Roman wrap-rascal, he arrived at Porsenna's camp, just as the salaries were being paid to the soldiers. While the troops were intent on drawing their pay, Mucius slily drew his sword, and seeing an individual rather handsomely dressed, rushed upon him to administer to him, with the weapon, a most unhandsome dressing.

The individual thus a.s.sailed was rapidly despatched, but it turned out that the victim, instead of being the king, was an unfortunate scribe, or writer, who could have been by no means prepared for this unusual fate of genius. Had the critics unmercifully cut him up, the scribe would have felt that his death was, to a certain extent, in the way of business; but to be murdered by mistake for a king, was a result that any member of the republic of letters might fairly have objected to. It may appear at first sight startling that a literary man should have been well-dressed, and in the company of a king, but it must be remembered that the scribe was not necessarily a man of remarkable ability. His art was that of a mere copyist, which, even in these days, frequently gains a reputation for the imitator, who is often confounded with, instead of being confounded by the man of original genius. The scribes of antiquity, like many modern writers, did no more than set down the thoughts of others, and, as their style was extremely hard, consisting of a piece of iron, with which they wrote upon wax, their works were not likely to make a very deep or lasting impression.

Our pity for the unfortunate literary character is considerably lessened by the fact, that being in the camp he had no doubt been dining with the guards; and we know he was wearing a showy dress--two circ.u.mstances indicating an affectation of the manners of the fast man, which are always unbecoming to the man of letters.

Mucius was about to retire after the execution of the deed, but he was seized by the attendants, and then seized by remorse when he was informed that he had despatched a harmless literary man instead of Porsenna. Being taken to the king, Mucius found him sitting before the fire of a large altar. The Etruscan chief, on hearing the charge, pointed out the penalty that had been incurred, when the prisoner, thrusting his right hand into the fire, allowed it to remain, with extraordinary coolness, or, rather, with most intense heat, until it was consumed as far as the wrist; and he concluded the act of self incendiarism, by declaring there were three hundred others who were just as ready as himself to take up arms and burn off a hand, in defiance of their oppressor. Porsenna, who had watched the painful process with extreme interest, was so delighted at the fort.i.tude displayed, that he jumped from his seat, and mentally remarking that "the fellow was a wonderfully cool hand at an operation of the kind," ordered some guards to conduct him in safety to Rome; at the same time advising Mucius to conduct himself more wisely for the future.

[Ill.u.s.tration: Mucius Scaevola before Porsenna.]

Mucius returned to Rome, where he obtained the name of Scaevola (from _Scaerus_) in consequence of his being left-handed, or it might have been because of his having evinced such an utter want of dexterity in the business he had undertaken.

Porsenna, having heard that there were three hundred Romans ready to take his life, felt uneasy at such fearful odds as three hundred to one against him; nor could he enjoy a moment's peace with himself until a peace with Rome was concluded. He sent amba.s.sadors to negotiate a treaty, which was soon arranged; the only difficulty arising on the subject of the proposed restoration of Tarquin, which his subjects would not listen to; and, though he and Porsenna had hitherto rowed in the same boat, the latter found it absolutely necessary to throw the former overboard. Rome was compelled to return the territory taken from the Veii, and Porsenna claimed several hostages, among whom were sundry young ladies of the princ.i.p.al Roman families. One of these was named Claelia, who, with other maidens, having resolved on a bold plunge for their liberty, jumped into the Tiber's bed, and swam like a party of ducks to the other side of the river. Claelia ran home in her dripping clothes, but, instead of a warm reception, she was met with a wet blanket, for her father fearing that her having absconded would be visited upon Rome, sent her back like a runaway school-girl to the camp of Porsenna. That individual behaved with his usual magnanimity, for he not only pardoned Claelia and her companions, but sent them home to their parents, who, perhaps, knew better than Porsenna how to manage them.

[Ill.u.s.tration: Claelia and her Companions escaping from the Etruscan Camp.]

The Etruscan monarch seems to have been one of those who could do nothing by halves, but having once granted quarter to the foe, he was not satisfied until he had surrendered the whole of what he had taken from the vanquished. He gave them unprovisionally all the provisions remaining in his camp, and, in fact, he left behind him so many goods and chattels, that at public auctions it was customary for many years afterwards to advertise the effects as "the property of King Porsenna."

Returning to Clusium, he is believed to have shut himself up at home, and never stirred out again, for we meet with him no more in any of the highways or byways of history.

The Romans having recovered from the blow, or series of blows, they had received from Porsenna, were prepared to turn their anger on the subject nearest at hand, and the Sabines were conveniently situated to receive a great deal of it. Irritated by the enemy, the Sabines lost their temper towards each other, and several of them, among whom were Atta Clausus, or Appius Claudius and family, went over to Rome. The renegades were received by their new allies with honour; for apostacy, which should carry with it disgrace, was even in those days treated too often as a virtue. The Claudii were made patricians of Rome, which seems to have always courted converts by offering the highest price to those who were ready to part with their old opinions and principles. Valerius Publicola--or as some call him, Popli-cola, one who honoured the people--died soon after the last-mentioned event, and received the compliment of a magnificent funeral. The procession commenced with a band of pipers, every one of whom the public paid, and the crown was carried in state; but on such an occasion as this, the empty crown could be suggestive of nothing but its own hollowness.

The armour belonging to the deceased was buried with him, as if in mockery of its uselessness against the attacks of the grim enemy; and the face was painted, as is still the custom in Italy, where the attempt to disguise the complexion to which we must come at last, only gives to the reality a hideousness neither necessary nor natural. After the funeral of a great or a much lamented man, it was usual to hang branches of cypress on his house, and his gates were decorated with pine by those who were left pining after him.

It was about this period that the great battle of Lake Regillus is supposed to have been fought, when the Latins, who had been trying to translate into Latin everything belonging to Rome, were at length taught that the Roman character was strong enough to maintain its own individuality.

In times of extreme peril, it has always been found that two heads, instead of being better than one, are likely to neutralise each other, and to reduce the supreme power under one head is the best mode of making it effectual. The Romans, when seriously threatened by the Latins, proceeded at once to the appointment of a dictator, from whose decrees there should be no appeal; so that whatever he said should be no sooner said than done--a principle of action which contributes materially to the success of every great enterprise. P. Lartius was the first dictator; but we can find no traces of his dictation, and he seems to have been speedily superseded by Aulus Postumius, whose sword is said to have been known "to bite,"[14]--a propensity which must have rendered his blade rather liable to snap, unless its temper was excellent. The appointment of dictator was only for six months; so that the people were soon absolved from the absolute power under which they placed themselves. The best piece of patronage at the disposal of the dictator, was the place of Master of the Horse, which Aulus conferred on aebutius; the latter acting completely under the guidance of the former, who never parted with the reins while deputing the masters.h.i.+p of the horse to another. Aulus and aebutius set forward towards the Lake Regillus, on the margin of which they waited till it was pitch dark before they pitched their tent, with the intention of preparing for a pitched battle.

The Latins were led by Mamilius, and the foe being face to face, engaged themselves hand to hand with the most desperate energy. According to the legend, aebutius and Mamilius, meeting in the thick of the fight, came individually to blows, which resulted in the unhorsing of the Master of the Horse, who was almost bored to death with the points of the swords of the enemy. At one time the battle seemed so much in favour of the Latins, that Aulus entreated the Romans not to resign themselves to the ravens, to be crowed over in a double sense, by the birds of prey and the enemy. So mutual was the slaughter, and so equal the bravery on both sides, that it would have been difficult to decide the battle; and the legend, in its equal apportionment of valour to each party, would have come to no practical result, had not supernatural agency stepped in opportunely to give to one side the victory. Two gigantic youths were seen fighting on the Roman side, and though n.o.body knew their names, their address was the admiration of every one. Their valour was shown at the expense of the unfortunate Latins, who, unable to sustain the heavy charge that was now made upon them, made no further attempt to meet any engagement, but resorted to flight, as the only act that seemed to offer benefit.