[367] 'The whole town was given up to punishment or booty.' We cannot say _urbs poenae fuit_ alone; but the dative _poenae_ is explained by the common expression _praedae fuit_, with which it is connected. [368] 'Ordered to defend himself' against the charge of treachery which was brought against him. For a _reus_ (a person standing accused of a crime) _causam dicit_; that is, conducts his case, or defends himself. Turpilius was condemned by the war council, and paid the forfeit with his life, after having previously been scourged. This ancient severity, according to which the condemned was bound to a post, and scourged with rods on his naked body, had been abolished by a lex Porcia for Roman citizens. See page 52, note 5. [note 260 in Cat.] For this reason Sallust adds the remark, that Turpilius was a citizen from Latium; that is, he did not possess the full Roman franchise, but only that part of it which was not incompatible with his retaining the franchise in some Latin town. Such half-citizens or Latins, to whom the Roman franchise was given in this manner, that thereby they acquired the right to settle in the territory of Rome, and become members of a Roman tribe, provided they renounced their Latin franchise, were at that time still very numerous; but they ceased to exist in B.C. 91, when what were called the Latin towns received the Roman franchise. 70. Per idem tempus Bomilcar, cujus impulsu Jugurtha deditionem, quam metu deseruit, inceperat, suspectus regi et ipse eum suspiciens, novas res cupere, ad perniciem ejus dolum quaerere, diu noctuque fatigare animum;[369] denique omnia temptando, socium sibi adjungit Nabdalsam, hominem nobilem, magnis opibus, carum acceptumque popularibus suis, qui plerumque seorsum ab rege exercitum ductare et omnes res exequi solitus erat, quae Jugurthae fesso aut majoribus astricto superaverant;[370] ex quo illi gloria opesque inventae. Igitur utriusque consilio dies insidiis statuitur; cetera, uti res posceret, ex tempore parari placuit; Nabdalsa ad exercitum profectus, quem inter hiberna Romanorum jussus habebat, ne ager inultis hostibus vastaretur.[371] Is postquam magnitudine facinoris perculsus ad tempus non venit metusque rem impediebat,[372] Bomilcar simul cupidus incepta patrandi et timore socii anxius, ne omisso vetere consilio novum quaereret,[373] litteras ad eum per homines fideles mittit, in quis mollitiem socordiamque viri accusare,[374] testari deos, per quos juravisset, monere ne praemia Metelli in pestem converteret; Jugurthae exitium adesse; ceterum suane an virtute Metelli periret, id modo agitari;[375] proinde reputaret cum animo suo, praemia an cruciatum mallet.