Book 3 — BOOK III (continued 2)

While highest and lowest alike obtained from them this prompt administration of justice, undefiled, as if from an oracle, at the same time their attention was devoted to the framing of laws; and, the ten tables being proposed amid the intense expectation of all, they summoned the people to an assembly: and ordered them to go and read the laws that were exhibited, [43] and Heaven grant it might prove favourable, advantageous, and of happy result to the commonwealth, themselves, and their children. That they had equalized the rights of all, both the highest and the lowest, as far as could be devised by the abilities of ten men: that the understanding and counsels of a greater number had greater weight; let them turn over in their minds each particular among themselves, discuss it in conversation, and bring forward for public discussion whatever might be superfluous or defective under each particular: that the Roman people should have such laws only as the general consent might appear not so much to have ratified when proposed as to have itself proposed. When they seemed sufficiently corrected in accordance with public opinion regarding each section of the laws as it was published, the laws of the ten tables were passed at the assembly voting by centuries, which, even at the present time, amid the immense heap of laws crowded one upon the other, still remain the source of all public and private jurisprudence. A rumour then spread that two tables were needed, on the addition of which a digest, as it were, of the whole Roman law could be completed. The desire for this gave rise, as the day of election approached, to a request that decemvirs be appointed again. The commons by this time, besides that they detested the name of consuls no less than that of kings, did not even require the tribunician aid, as the decemvirs in turn allowed an appeal.

But when the assembly for the election of decemvirs was proclaimed for the third market-day, the flame of ambition burst out so powerfully that even the first men of the state began to canvass individuals—fearing, I suppose, that the possession of such high authority might become accessible to persons not sufficiently worthy if the post were left unoccupied by themselves—humbly soliciting, from those very commons with whom they had often contended, an honour which had been opposed by them with all their might. The fact of their dignity being now laid aside in a contest, at their time of life, and after they had filled such high official positions, stimulated the exertions of Appius Claudius. You would not have known whether to reckon him among the decemvirs or the candidates; he resembled at times more closely one canvassing for office than one invested with it; he aspersed the nobles, extolled all the most unimportant and insignificant candidates; surrounded by the Duellii and Icilii who had been tribunes, he himself bustled about the forum, through their means he recommended himself to the commons; until even his colleagues, who till then had been devoted to him heart and soul, turned their eyes on him, wondering what he was about. It was evident to them that there was no sincerity in it; that such affability amid such pride would surely prove not disinterested. That this excessive lowering of himself, and condescending to familiarity with private citizens, was characteristic not so much of one eager to retire from office, as of one seeking the means of continuing that office. Not daring openly to oppose his wishes, they set about mitigating his ardour by humouring it. They by common consent conferred on him, as being the youngest, the office of presiding at the elections. This was an artifice, to prevent his appointing himself; which no one ever did, except the tribunes of the people, and that with the very worst precedent. He, however, declaring that, with the favour of fortune, he would preside at the elections, seized upon what should have been an obstacle as a lucky opportunity: and having succeeded by a coalition in keeping out of office the two Quinctii, Capitolinus and Cincinnatus, and his own uncle Gaius Claudius, a man most steadfast in the cause of the nobility, and other citizens of equal eminence, he secured the appointment as decemvirs of men by no means their equals distinction—himself in the first instance, a proceeding which honourable men disapproved of greatly, as no one believed that he would have ventured to do it. With him were elected Marcus Cornelius Maluginensis, Marcus Sergius, Lucius Minucius, Quintus Fabius Vibulanus, Quintus Poetilius, Titus Antonius Merenda, Cæso Duilius, Spurius Oppius Cornicen, Manius Rabuleius.

This was the end of Appius's playing a part at variance with his disposition. Henceforward he began to live according to his natural character, and to mould to his own temper his new colleagues before they entered upon office. They daily held meetings in private: then, instructed in their unruly designs, which they concocted apart from others, now no longer dissembling their arrogance, difficult of access, captious to all who conversed with them, they protracted the matter until the ides of May. The ides of May was at that time the usual period for beginning office. Accordingly, at the attainment of their magistracy, they rendered the first day of their office remarkable by threats that inspired great terror. For, while the preceding decemvirs had observed the rule, that only one should have the fasces, and that this emblem of royalty should pass to all in rotation, to each in his turn, lo! On a sudden they all came forth, each with twelve fasces. One hundred and twenty lictors filled the forum, and carried before them the axes tied up with the fasces,[44] giving the explanation that it was of no consequence that the axe should be taken away, since they had been appointed without appeal. There appeared to be ten kings, and terrors were multiplied not only among the humblest individuals, but even among the principal men of the patricians, who thought that an excuse for the beginning of bloodshed was being sought for: so that, if any one should have uttered a word that hinted at liberty, either in the senate or in a meeting of the people, the rods and axes would also instantly be brought forward, for the purpose of intimidating the rest. For, besides that there was no protection in the people, as the right of appeal had been abolished, they had also by mutual consent prohibited interference with each other: whereas the preceding decemvirs had allowed the decisions pronounced by themselves to be amended by appeal to any one of their colleagues, and had referred to the people some points which seemed naturally to come within their own jurisdiction. For a considerable time the terror seemed equally distributed among all ranks; gradually it began to be directed entirely against the commons. While they spared the patricians, arbitrary and cruel measures were taken against the lower classes. As being persons with whom interest usurped the force of justice, they all took account of persons rather than of causes. They concerted their decisions at home, and pronounced them in the forum. If any one appealed to a colleague, he departed from the one to whom he had appealed in such a manner that he regretted that he had not abided by the sentence of the former. An irresponsible rumour had also gone abroad that they had conspired in their tyranny not only for the present time, but that a clandestine league had been concluded among them on oath, that they would not hold the comitia, but by perpetuating the decemvirate would retain supreme power now that it had once come into their possession.

The plebeians then began narrowly to watch the countenances of the patricians, and to strive to catch a glimpse of liberty from that quarter, by apprehending slavery from which they had brought the republic into its present condition. The leading members of the senate detested the decemvirs, detested the commons; they neither approved of what was going on, and they considered that what befell the latter was not undeserved. They were unwilling to assist men who, by rushing too eagerly toward liberty, had fallen into slavery: they even heaped injuries on them, that, from disgust at the present state of things, two consuls and the former constitution might at length be regretted. By this time the greater part of the year had passed, and two tables of laws had been added to the ten tables of the former year; and if these laws also had been passed in the assembly of the centuries, there would now have remained no reason why the republic should require that form of government. They were anxiously waiting to see how long it would be before the assembly would be proclaimed for the election of consuls. The only thing that troubled the commons was by what means they should re-establish the tribunician power, that bulwark of their liberty, now so long discontinued, no mention in the meantime being made of the elections. Further, the decemvirs, who had at first exhibited themselves to the people surrounded by men of tribunician rank, because that was deemed popular, now guarded themselves by bands of young patricians: crowds of these beset the tribunals. They harried the commons, and plundered their effects: when fortune was on the side of the more powerful individual in regard to whatever was coveted. And now they spared not even their persons: some were beaten with rods, others had to submit to the axe; and, that such cruelty might not go unrewarded, a grant of his effects followed the punishment of the owner. Corrupted by such bribes, the young nobles not only made no opposition to oppression, but openly avowed a preference for their own selfish gratification rather than for the liberty of all.

The ides of May came round. Without any magistrates being elected in place of those retiring, private persons [45]came forward as decemvirs, without any abatement either in their determination to enforce their authority, or any alteration in the insignia displayed as outward signs of office. That indeed seemed undoubted regal tyranny. Liberty was now deplored as lost forever: no champion of it stood forth, or seemed likely to do so. And not only were the Romans themselves sunk in despondency, but they began to be looked down upon by the neighbouring states, who felt indignant that sovereign power should be in the hands of a state where liberty did not exist. The Sabines with a numerous body of men made an incursion into Roman territory; and having committed extensive devastations, after they had driven off with impunity booty of men and cattle, they recalled their troops, which had been dispersed in different directions, to Eretum, where they pitched their camp, grounding their hopes on the dissensions at Rome, which they expected would prove an obstruction to the levy. Not only the couriers, but also the flight of the country people through the city inspired them with alarm. The decemvirs, left in a dilemma between the hatred of the patricians and people, took counsel what was to be done. Fortune, moreover, brought an additional cause of alarm. The AEquans on the opposite side pitched their camp at Algidum, and by raids from there ravaged Tusculan territory. News of this was brought by ambassadors from Tusculum imploring assistance. The panic thereby occasioned urged the decemvirs to consult the senate, now that two wars at once threatened the city. They ordered the patricians to be summoned into the senate-house, well aware what a storm of resentment was ready to break upon them; they felt that all would heap upon them the blame for the devastation of their territory, and for the dangers that threatened; and that that would give them an opportunity of endeavouring to abolish their office, if they did not unite in resisting, and by enforcing their authority with severity on a few who showed an intractable spirit repress the attempts of others. When the voice of the crier was heard in the forum summoning the senators into the senate-house to the presence of the decemvirs, this proceeding, as altogether new, because they had long since given up the custom of consulting the senate, attracted the attention of the people, who, full of surprise, wanted to know what had happened, and why, after so long an interval they were reviving a custom that had fallen into abeyance: stating that they ought to thank the enemy and the war, that any of the customs of a free state were complied with. They looked around for a senator through all parts of the forum, and seldom recognised one anywhere: they then directed their attention to the senate-house, and to the solitude around the decemvirs, who both themselves judged that their power was universally detested, while the commons were of opinion that the senators refused to assemble because the decemvirs, now reduced to the rank of private citizens, had no authority to convene them: that a nucleus was now formed of those who would help them to recover their liberty, if the commons would but side with the senate, and if, as the patricians, when summoned, refused to attend the senate, so also the commons would refuse to enlist. Thus the commons grumbled. There was hardly one of the patricians in the forum, and but very few in the city. In disgust at the state of affairs, they had retired into the country, and busied themselves only with their private affairs, giving up all thought of state concerns, considering that they themselves were out of reach of ill-treatment in proportion as they removed themselves from the meeting and converse of their imperious masters. When those who had been summoned did not assemble, state messengers were despatched to their houses, both to levy the penalties,[46] and to make inquiries whether they purposely refused to attend. They brought back word that the senate was in the country. This was more pleasing to the decemvirs, than if they brought word that they were present and refused obedience to their commands. They commanded them all to be summoned, and proclaimed a meeting of the senate for the following day, which assembled in much greater numbers than they themselves had expected. By this proceeding the commons considered that their liberty was betrayed by the patricians, because the senate had obeyed those persons, as if they had a right to compel them, who had already gone out of office, and were mere private individuals, were it not for the violence displayed by them.

However, they showed more obedience in coming into the senate than obsequiousness in the opinions expressed by them, as we have learned. It is recorded that, after Appius Claudius laid the subject of debate before the meeting, and before their opinions were asked in order, Lucius Valerius Potitus excited a commotion, by demanding permission to express his sentiments concerning the state, and—when the decemvirs prevented him with threats [47]—by declaring that he would present himself before the people. It is also recorded that Marcus Horatius Barbatus entered the lists with no less boldness, calling them "ten Tarquins," and reminding them that under the leadership of the Valerii and Horatii the kings had been expelled. Nor was it the mere name that men were then disgusted with, as being that by which it was proper that Jupiter should be styled, as also Romulus, the founder of the city, and the succeeding kings, and a name too which had been retained also for the ceremonies of religion,[48] as a solemn one; that it was the tyranny and arrogance of a king they then detested: and if these were not to be tolerated in that same king or the son of a king, who would tolerate it in so many private citizens? Let them beware lest, by preventing persons from expressing their sentiments freely in the senate, they obliged them to raise their voice outside the senate-house. Nor could he see how it was less allowable for him, a private citizen, to summon the people to an assembly, than for them to convene the senate. They might try, whenever they pleased, how much more determined a sense of wrong would be found to be, when it was a question of vindicating one's own liberty, than ambition, when the object was to preserve an unjust dominion. That they proposed the question concerning the war with the Sabines, as if the Roman people had any more important war on hand than that against those who, having been elected for the purpose of framing laws, had left no law in the state; who had abolished elections, annual magistrates, the regular change of rulers, which was the only means of equalizing liberty; who, though private citizens, still possessed the fasces and regal dominion. That after the expulsion of the kings, patrician magistrates had been appointed, and subsequently, after the secession of the people, plebeian magistrates. What party was it, he asked, to which they belonged? To the popular party? What had they ever done with the concurrence of the people? To the party of the nobles? Who for now nearly an entire year had not held a meeting of the senate, and then held one in such a manner that they prevented the expression of sentiments regarding the commonwealth? Let them not place too much hope in the fears of others; the grievances which they were now suffering appeared to men more oppressive than any they might apprehend.

While Horatius was exclaiming thus and the decemvirs could not discover the proper bounds either of their anger or forbearance, nor saw how the matter would end, Gaius Claudius, who was the uncle of Appius the decemvir, delivered an address more in the style of entreaty than reproach, beseeching him by the shade of his brother and of his father, that he would hold in recollection the civil society in which he had been born, rather than the confederacy nefariously entered into with his colleagues, adding that he besought this much more on Appius's own account, than for the sake of the commonwealth. For the commonwealth would claim its rights in spite of them, if it could not obtain them with their consent: that however, from a great contest great animosities were generally aroused: it was the result of the latter that he dreaded. Though the decemvirs forbade them to speak on any subject save that which they had submitted to them, they felt too much respect for Claudius to interrupt him He therefore concluded the expression of his opinion by moving that it was their wish that no decree of the senate should be passed. And all understood the matter thus, that they were judged by Claudius to be private citizens;[49] and many of those of consular standing expressed their assent in words. Another measure, more severe in appearance, which ordered the patricians to assemble to nominate an interrex, in reality had much less force; for by this motion the mover gave expression to a decided opinion that those persons were magistrates of some kind or other who might hold a meeting of the senate, while he who recommended that no decree of the senate should be passed, had thereby declared them private citizens. When the cause of the decemvirs was now failing, Lucius Cornelius Maluginensis, brother of Marcus Cornelius the decemvir, having been purposely reserved from among those of consular rank to close the debate, by affecting an anxiety about the war, defended his brother and his colleagues by declaring that he wondered by what fatality it had occurred, that those who had been candidates for the decemvirate, either these or their friends, had above all others attacked the decemvirs: or why, when no one had disputed for so many months while the state was free from anxiety, whether legal magistrates were at the head of affairs, they now at length sowed the seeds of civil discord, when the enemy were nearly at the gates, except it were that in a state of confusion they thought that their object would be less clearly seen through. For the rest, it was unfair that any one should prejudge a matter of such importance, while their minds were occupied with a more momentous concern. It was his opinion that, in regard to what Valerius and Horatius alleged—that the decemvirs had gone out of office before the ides of May—the matter should be discussed in the senate and left to them to decide, when the wars which were now impending were over, and the commonwealth restored to tranquility, and that Appius Claudius was even now preparing to take notice that an account had to be rendered by him of the election which he himself as decemvir held for electing decemvirs, whether they were elected for one year, or until the laws, which were wanting, were ratified. It was his opinion that all other matters should be disregarded for the present, except the war; and if they thought that the reports regarding it were propagated without foundation, and that not only the messengers but also the ambassadors of the Tusculans had stated what was false, he thought that scouts should be dispatched to bring back more certain information; but if credit were given both to the messengers and the ambassadors, that the levy should be held at the very earliest opportunity; that the decemvirs should lead the armies, whither each thought proper: and that no other matter should take precedence.

The junior patricians almost succeeded in getting this resolution passed on a division. Accordingly, Valerius and Horatius, rising again with greater vehemence, loudly demanded that it should be allowed them to express their sentiments concerning the republic; that they would address a meeting of the people, if owing to party efforts they were not allowed to do so in the senate: for that private individuals, whether in the senate or in a general assembly, could not prevent them: nor would they yield to their imaginary fasces. Appius, now considering that the crisis was already nigh at hand, when their authority would be overpowered, unless the violence of these were resisted with equal boldness, said, "It will be better for you not to utter a word on any subject, except the subject of discussion"; and against Valerius, when he refused to be silent for a private individual, he commanded a lictor to proceed. When Valerius, from the threshold of the senate-house, now craved the protection of the citizens, Lucius Cornelius, embracing Appius, put an end to the struggle, not in reality consulting the interest of him whose interest he pretended to consult;[50] and after permission to say what he pleased had been obtained for Valerius by means of Cornelius, when this liberty did not extend beyond words, the decemvirs attained their object. The men of consular rank also and senior members, from the hatred of tribunician power still rankling in their bosoms, the longing for which they considered was much more keenly felt by the commons than for the consular power, almost preferred that the decemvirs themselves should voluntarily resign their office at some future period, than that the people should once more become prominent through hatred against these. If the matter, quietly conducted, should again return to the consuls without popular turbulence, that the commons might be induced to forget their tribunes, either by the intervention of wars or by the moderation of the consuls in exercising their authority.

A levy was proclaimed without objection on the part of the patricians; the young men answered to their names, as the government was without appeal. The legions having been enrolled, the decemvirs proceeded to arrange among themselves who should set out to the war, who should command the armies. The leading men among the decemvirs were Quintus Fabius and Appius Claudius. The war at home appeared more serious than abroad. The decemvirs considered the violence of Appius better suited to suppress commotions in the city; that Fabius possessed a disposition rather lacking in firmness in a good purpose than energetic in a bad one. For this man, formerly distinguished at home and abroad, had been so altered by his office of decemvir and the influence of his colleagues that he chose rather to be like Appius than like himself. To him the war among the Sabines was intrusted, Manius Rabuleius and Quintus Paetilius being sent with him as colleagues. Marcus Cornelius was sent to Algidum with Lucius Minucius, Titus Antonius, Caeso Duillius, and Marcus Sergius: they appointed Spurius Oppius to assist Appius Claudius in protecting the city, while all the decemvirs were to enjoy equal authority.

The republic was managed with no better success in war than at home. In this the only fault in the generals was, that they had rendered themselves objects of hatred to their fellow-citizens: in other respects the entire blame lay with the soldiers, who, lest any enterprise should be successfully conducted under the leadership and auspices of the decemvirs, suffered themselves to be beaten, to their own disgrace and that of their generals. Their armies were routed both by the Sabines at Eretum, and by the Æquans in Algidum. Fleeing from Eretum during the silence of the night, they fortified their camp nearer the city, on an elevated position between Fidenae and Crustumeria; nowhere encountering on equal ground the enemy who pursued them, they protected themselves by the nature of the ground and a rampart, not by valour or arms. Their conduct was more disgraceful, and greater loss also was sustained in Algidum; their camp too was lost, and the soldiers, stripped of all their arms, munitions, and supplies, betook themselves to Tusculum, determined to procure the means of subsistence from the good faith and compassion of their hosts, and in these, notwithstanding their conduct, they were not disappointed. Such alarming accounts were brought to Rome, that the patricians, having now laid aside their hatred of the decemvirs, passed an order that watches should be held in the city, and commanded that all who were not hindered by reason of their age from carrying arms, should mount guard on the walls, and form outposts before the gates; they also voted that arms should be sent to Tusculum, besides a re-enforcement; and that the decemvirs should come down from the citadel of Tusculum and keep their troops encamped; that the other camp should be removed from Fidenas into Sabine territory, and the enemy, by their thus attacking them first, should be deterred from entertaining any idea of assaulting the city.

In addition to the reverses sustained at the hands of the enemy, the decemvirs were guilty of two monstrous deeds, one abroad, and the other in the city. They sent Lucius Siccius, who was quartered among the Sabines, to take observations for the purpose of selecting a site for a camp: he, availing himself of the unpopularity of the decemvirs, was introducing, in his secret conversations with the common soldiers, suggestions of a secession and the election of tribunes: the soldiers, whom they had sent to accompany him in that expedition, were commissioned to attack him in a convenient place and slay him. They did not kill him with impunity; several of the assassins fell around him, as he offered resistance, since, possessing great personal strength and displaying courage equal to that strength, he defended himself against them, although surrounded. The rest brought news into the camp that Siccius, while fighting bravely, had fallen into an ambush, and that some soldiers had been lost with him. At first the account was believed; afterward a party of men, who went by permission of the decemvirs to bury those who had fallen, when they observed that none of the bodies there were stripped, and that Siccius lay in the midst fully armed, and that all the bodies were turned toward him, while there was neither the body of any of the enemy, nor any traces of their departure, brought back his body, saying that he had assuredly been slain by his own men. The camp was now filled with indignation, and it was resolved that Siccius should be forthwith brought to Rome, had not the decemvirs hastened to bury him with military honours at the public expense. He was buried amid the great grief of the soldiery, and with the worst possible infamy of the decemvirs among the common people.

Another monstrous deed followed in the city, originating in lust, and attended by results not less tragical than that deed which had brought about the expulsion of the Tarquins from the city and the throne through the violation and death of Lucretia: so that the decemvirs not only came to the same end as the kings, but the reason also of their losing their power was the same. Appius Claudius was seized with a criminal passion for violating the person of a young woman of plebeian rank. Lucius Verginius, the girl's father, held an honourable rank among the centurions at Algidum, a man who was a pattern of uprightness both at home and in the service. His wife and children were brought up in the same manner. He had betrothed his daughter to Lucius Icilius, who had been tribune, a man of spirit and of approved zeal in the interest of the people. Appius, burning with desire, attempted to seduce by bribes and promises this young woman, now grown up, and of distinguished beauty; and when he perceived that all the avenues of his lust were barred by modesty, he turned his thoughts to cruel and tyrannical violence. Considering that, as the girl's father was absent, there was an opportunity for committing the wrong; he instructed a dependent of his, Marcus Claudius, to claim the girl as his slave, and not to yield to those who demanded her enjoyment of liberty pending judgment. The tool of the decemvir's lust laid hands on the girl as she was coming into the forum—for there the elementary schools were held in booths—calling her the daughter of his slave and a slave herself, and commanded her to follow him, declaring that he would drag her off by force if she demurred. The girl being struck dumb with terror, a crowd collected at the cries of her nurse, who besought the protection of the citizens. The popular names of her father, Verginius, and of her betrothed, Icilius, were in every one's mouth. Esteem for them gained the good-will of their acquaintances, the heinousness of the proceeding, that of the crowd. She was now safe from violence, forasmuch as the claimant said that there was no occasion for rousing the mob; that he was proceeding by law, not by force. He summoned the girl into court. Her supporters advising her to follow him, they reached the tribunal of Appius. The claimant rehearsed the farce well known to the judge, as being in presence of the actual author of the plot, that the girl, born in his house, and clandestinely transferred from thence to the house of Verginius, had been fathered on the latter: that what he stated was established by certain evidence, and that he would prove it, even if Verginius himself, who would be the principal sufferer, were judge: that meanwhile it was only fair the servant should accompany her master. The supporters of Verginia, after they had urged that Verginius was absent on business of the state, that he would be present in two days if word were sent to him, and that it was unfair that in his absence he should run any risk regarding his children, demanded that Appius should adjourn the whole matter till the arrival of the father; that he should allow the claim for her liberty pending judgment according to the law passed by himself, and not allow a maiden of ripe age to encounter the risk of her reputation before that of her liberty.

Appius prefaced his decision by observing that the very same law, which the friends of Verginius put forward as the plea of their demand, showed how strongly he himself was in favour of liberty: that liberty, however, would find secure protection in the law on this condition only, that it varied neither with respect to cases or persons. For with respect to those individuals who were claimed as free, that point of law was good, because any citizen could proceed by law in such a matter: but in the case of her who was in the hands of her father, there was no other person in whose favour her master need relinquish his right of possession.[51] That it was his decision, therefore, that her father should be sent for: that, in the meantime, the claimant should not be deprived of the right, which allowed him to carry off the girl with him, at the same time promising that she should be produced on the arrival of him who was called her father. When there were many who murmured against the injustice of this decision rather than any one individual who ventured to protest against it, the girl's great-uncle, Publius Numitorius, and her betrothed, Icilius, appeared on the scene: and, way being made for them through the crowd, the multitude thinking that Appius could be most effectually resisted by the intervention of Icilius, the lictor declared that he had decided the matter, and attempted to remove Icilius, when he began to raise his voice. Such a monstrous injustice would have fired even a cool temper. "By the sword, Appius," said he, "must I be removed hence, that you may secure silence about that which you wish to be concealed. This young woman I am about to marry, to have and to hold as my lawful wife. Wherefore call together all the lictors of your colleagues also; order the rods and axes to be got ready: the betrothed wife of Icilius shall not pass the night outside her father's house. No: though you have taken from us the aid of our tribunes, and the power of appeal to the commons of Rome, the two bulwarks for the maintenance of our liberty, absolute authority has not therefore been given to your lust over our wives and children. Vent your fury on our backs and necks; let chastity at least be secure. If violence shall be offered to her, I shall implore the protection of the citizens here present on behalf of my betrothed, Verginius that of the soldiers on behalf of his only daughter, all of us the protection of gods and men, nor shall you carry that sentence into effect without our blood. I demand of you, Appius, consider again and again to what lengths you are proceeding. Verginius, when he comes, will see to it, what conduct he is to pursue with respect to his daughter: only let him be assured of this, that if he yields to the claims of this man, he will have to look out for another match for his daughter. As for my part, in vindicating the liberty of my spouse, life shall leave me sooner than honour."

The multitude was now roused, and a contest seemed threatening. The lictors had taken their stand around Icilius; they did not, however, proceed beyond threats, while Appius said that it was not Verginia who was being defended by Icilius, but that, being a restless man, and even now breathing the spirit of the tribuneship, he was seeking an opportunity for creating a disturbance. That he would not afford him the chance of doing so on that day; but in order that he might now know that the concession had been made not to his petulance, but to the absent Verginius, to the name of father and to liberty, that he would not decide the case on that day, nor introduce a decree: that he would request Marcus Claudius to forego somewhat of his right, and to suffer the girl to be bailed till the next day. However, unless the father attended on the following day, he gave notice to Icilius and to men like Icilius, that, as the framer of it, he would maintain his own law, as a decemvir, his firmness: that he would certainly not assemble the lictors of his colleagues to put down the promoters of sedition; that he would be content with his own. When the time of this act of injustice had been deferred, and the friends of the maiden had retired, it was first of all determined that the brother of Icilius, and the son of Numitorius, both active young men, should proceed thence straight to the city gate, and that Verginius should be summoned from the camp with all possible haste: that the safety of the girl depended on his being present next day at the proper time, to protect her from wrong. They proceeded according to directions, and galloping at full speed, carried the news to her father. When the claimant of the maiden was pressing Icilius to lay claim to her, and give bail for her appearance, and Icilius said that that was the very thing that was being done, purposely wasting the time, until the messengers sent to the camp should finish their journey, the multitude raised their hands on all sides, and every one showed himself ready to go surety for Icilius. And he, with his eyes full of tears, said: "This is a great favour; to-morrow I will avail myself of your assistance: at present I have sufficient sureties." Thus Verginia was bailed on the security of her relations. Appius, having delayed a short time, that he might not appear to have sat on account of that case alone, when no one made application to him, all other concerns being set aside owing to the interest displayed in this one case, betook himself home, and wrote to his colleague in the camp, not to grant leave of absence to Verginius, and even to keep him in confinement. This wicked scheme was too late, as it deserved: for Verginius, having already obtained his leave had set out at the first watch, while the letter regarding his detention was delivered on the following morning without effect.

But in the city, at daybreak, when the citizens were standing in the forum on the tiptoe of expectation, Verginius, clad in mourning, conducted his daughter, also shabbily attired, attended by some matrons, into the forum, with a considerable body of supporters. He there began to go around and solicit people: and not only entreated their aid given out of kindness, but demanded it as a right: saying that he stood daily in the field of battle in defence of their wives and children, nor was there any other man, whose brave and intrepid deeds in war could be recorded in greater numbers. What availed it, if, while the city was secure from dangers, their children had to endure these calamities, which were the worst that could be dreaded if it were taken? Uttering these words just like one delivering a public harangue, he solicited the people individually. Similar arguments were put forward by Icilius: the attendant throng of women produced more effect by their silent tears than any words. With a mind stubbornly proof against all this—such an attack of frenzy, rather than of love, had perverted his mind—Appius ascended the tribunal, and when the claimant went on to complain briefly, that justice had not been administered to him on the preceding day through party influence, before either he could go through with his claim, or an opportunity of reply was afforded to Verginius, Appius interrupted him. The preamble with which he prefaced his decision, ancient authors may have handed down perhaps with some degree of truth; but since I nowhere find any that is probable in the case of so scandalous a decision, I think it best to state the bare fact, which is generally admitted, that he passed a sentence consigning her to slavery. At first a feeling of bewilderment astounded all, caused by amazement at so heinous a proceeding: then for some time silence prevailed. Then, when Marcus Claudius proceeded to seize the maiden, while the matrons stood around, and was met by the piteous lamentations of the women, Verginius, menacingly stretching forth his hands toward Appius, said: "To Icilius, and not to you, Appius, have I betrothed my daughter, and for matrimony, not for prostitution, have I brought her up. Would you have men gratify their lust promiscuously, like cattle and wild beasts? Whether these persons will endure such things, I know not; I do not think that those will do so who have arms in their hands." When the claimant of the girl was repulsed by the crowd of women and supporters who were standing around her, silence was proclaimed by the crier.

The decemvir, as if he had lost his reason owing to his passion, stated that not only from Icilius's abusive harangue of the day before, and the violence of Verginius, of which he could produce the entire Roman people as witnesses, but from authentic information also he had ascertained that secret meetings were held in the city throughout the night with the object of stirring up sedition: that he, accordingly, being aware of that danger, had come down with armed soldiers, not to molest any peaceable person, but in order to punish, as the majesty of the government demanded, those who disturbed the tranquility of the state. "It will, therefore," said he, "be better to remain quiet: go, lictor, disperse the crowd, and clear the way for the master to lay hold of his slave." After he had thundered out these words, full of wrath, the multitude of their own accord dispersed, and the girl stood deserted, a sacrifice to injustice. Then Verginius, when he saw no aid anywhere, said: "I beg you, Appius, first pardon a father's grief, if I have attacked you too harshly: in the next place, suffer me to ask the nurse here in presence of the maiden, what all this means, that, if I have been falsely called her father, I may depart hence with mind more tranquil." Permission having been granted, he drew the girl and the nurse aside to the booths near the chapel of Cloacina,[52] which now go by the name of the New Booths:[53] and there, snatching a knife from a butcher, "In this, the only one way I can, my daughter," said he, "do I secure to you your liberty." He then plunged it into the girl's breast, and looking back toward the tribunal, said "With this blood I devote thee,[54] Appius, and thy head!" Appius, aroused by the cry raised at so dreadful a deed, ordered Verginius to be seized. He, armed with the knife, cleared the way whithersoever he went, until, protected by the crowd of persons attending him, he reached the gate. Icilius and Numitorius took up the lifeless body and showed it to the people; they deplored the villainy of Appius, the fatal beauty of the maiden, and the cruel lot of the father.[55] The matrons, following, cried out: Was this the condition of rearing children? Were these the rewards of chastity? And other things which female grief on such occasions suggests, when their complaints are so much the more affecting, in proportion as their grief is more intense from their want of self-control. The men, and more especially Icilius, spoke of nothing but the tribunician power, and the right of appeal to the people which had been taken from them, and gave vent to their indignation in regard to the condition of public affairs.

The multitude was excited partly by the heinousness of the misdeed, partly by the hope of recovering their liberty on a favourable opportunity. Appius first ordered Icilius to be summoned before him, then, when he refused to come, to be seized: finally, when the officers were not allowed an opportunity of approaching him, he himself, proceeding through the crowd with a body of young patricians, ordered him to be led away to prison. Now not only the multitude, but Lucius Valerius and Marcus Horatius, the leaders of the multitude, stood around Icilius and, having repulsed the lictor, declared, that, if Appius should proceed according to law, they would protect Icilius from one who was but a private citizen; if he should attempt to employ force, that even in that case they would be no unequal match for him. Hence arose a violent quarrel. The decemvir's lictor attacked Valerius and Horatius: the fasces were broken by the people. Appius ascended the tribunal; Horatius and Valerius followed him. They were attentively listened to by the assembly: the voice of the decemvir was drowned with clamour. Now Valerius, as if he possessed the authority to do so, was ordering the lictors to depart from one who was but a private citizen, when Appius, whose spirits were now broken, alarmed for his life, betook himself into a house in the vicinity of the forum, unobserved by his enemies, with his head covered up. Spurius Oppius, in order to assist his colleague, rushed into the forum by the opposite side: he saw their authority overpowered by force. Distracted then by various counsels and by listening to several advisers from every side, he had become hopelessly confused: eventually he ordered the senate to be convened. Because the official acts of the decemvirs seemed displeasing to the greater portion of the patricians, this step quieted the people with the hope that the government would be abolished through the senate. The senate was of opinion that the commons should not be stirred up, and that much more effectual measures should be taken lest the arrival of Verginius should cause any commotion in the army.

Accordingly, some of the junior patricians, being sent to the camp which was at that time on Mount Vecilius, announced to the decemvirs that they should do their utmost to keep the soldiers from mutinying. There Verginius occasioned greater commotion than he had left behind him in the city. For besides that he was seen coming with a body of nearly four hundred men, who, enraged in consequence of the disgraceful nature of the occurrence, had accompanied him from the city, the unsheathed knife, and his being himself besmeared with blood, attracted to him the attention of the entire camp; and the gowns,[56] seen in many parts of the camp had caused the number of people from the city to appear much greater than it really was. When they asked him what was the matter, in consequence of his weeping, for a long time he did not utter a word. At length, as soon as the crowd of those running together became quiet after the disturbance, and silence ensued, he related everything in order as it had occurred.

Then extending his hands toward heaven, addressing his fellow-soldiers, he begged of them, not to impute to him that which was the crime of Appius Claudius, nor to abhor him as the murderer of his child. To him the life of his daughter was dearer than his own, if she had been allowed to live in freedom and chastity. When he beheld her dragged to prostitution as if she were a slave, thinking it better that his child should be lost by death rather than by dishonour, through compassion for her he had apparently fallen into cruelty. Nor would he have survived his daughter had he not entertained the hope of avenging her death by the aid of his fellow-soldiers. For they too had daughters, sisters, and wives; nor was the lust of Appius Claudius extinguished with his daughter; but in proportion as it escaped with greater impunity, so much the more unbridled would it be. That by the calamity of another a warning was given to them to guard against a similar injury. As far as he was concerned, his wife had been taken from him by destiny; his daughter, because she could no longer have lived as a chaste woman, had met with an unfortunate but honourable death; that there was now no longer in his family an opportunity for the lust of Appius; that from any other violence of his he would defend his person with the same spirit with which he had vindicated that of his daughter: that others should take care for themselves and their children. While he uttered these words in a loud voice, the multitude responded with a shout that they would not be backward, either to avenge his wrongs or to defend their own liberty. And the civilians mixing with the crowd of soldiers, by uttering the same complaints, and by showing how much more shocking these things must have appeared when seen than when merely heard of, and also by telling them that the disturbance at Rome was now almost over—and others having subsequently arrived who asserted that Appius, having with difficulty escaped with life, had gone into exile—all these individuals so far influenced them that there was a general cry to arms, and having pulled up the standards, they set out for Rome. The decemvirs, being alarmed at the same time both by what they now saw, as well as by what they had heard had taken place at Rome, ran about to different parts of the camp to quell the commotion. While they proceeded with mildness no answer was returned to them: if any of them attempted to exert authority, the soldiers replied that they were men and were armed. They proceeded in a body to the city and occupied the Aventine, encouraging the commons, as each person met them, recover their liberty, and elect tribunes of the people; no other expression of violence was heard. Spurius Oppius held a meeting of the senate; it was resolved that no harsh measures should be adopted, inasmuch as occasion for sedition had been given by themselves.[57] Three men of consular rank, Spurius Tarpeius, Gaius Julius, Publius Sulpicius, were sent as ambassadors, to inquire, in the name of the senate, by whose order they had deserted the camp? Or what they meant by having occupied the Aventine in arms, and, turning away their arms from the enemy, having seized their own country? They were at no loss for an answer: but they wanted some one to give the answer, there being as yet no certain leader, and individuals were not bold enough to expose themselves to the invidious office. The multitude only cried out with one accord, that they should send Lucius Valerius and Marcus Horatius to them, saying that they would give their answer to them.

The ambassadors being dismissed, Verginius reminded the soldiers that a little while before they had been embarrassed in a matter of no very great difficulty, because the multitude was without a head; and that the answer given, though not inexpedient, was the result rather of an accidental agreement than of a concerted plan. His opinion was, that ten persons should be elected to preside over the management of state affairs, and that they should be called tribunes of the soldiers, a title suited to their military dignity. When that honour was offered to himself in the first instance, he replied, "Reserve for an occasion more favourable to both of us your kind recognition of me. The fact of my daughter being unavenged, does not allow any office to be agreeable to me, nor, in the present disturbed condition of the state, is it advantageous that those should be at your head who are most exposed to party animosity. If I am of any use, the benefit to be gained from my services will be just as great while I am a private individual." They accordingly elected military tribunes ten in number.

Meanwhile the army among the Sabines was not inactive. There also, at the instance of Icilius and Numitorius, a secession from the decemvirs took place, men's minds being no less moved when they recalled to mind the murder of Siccius, than when they were fired with rage at the recent account of the disgraceful attempt made on the maiden to gratify lust. When Icilius heard that tribunes of the soldiers had been elected on the Aventine, lest the election assembly in the city should follow the precedent of the military assembly, by electing the same persons tribunes of the commons, being well versed in popular intrigues and having an eye to that office himself, he also took care, before they proceeded to the city, that the same number should be elected by his own party with equal power. They entered the city by the Colline gate under their standards, and proceeded in a body to the Aventine through the midst of the city. There, joining the other army, they commissioned the twenty tribunes of the soldiers to select two out of their number to preside over state affairs. They elected Marcus Oppius and Sextus Manilius. The patricians, alarmed for the general safety, though there was a meeting of the senate every day, wasted the time in wrangling more frequently than in deliberation. The murder of Siccius, the lust of Appius, and the disgraces incurred in war were urged as charges against the decemvirs. It was resolved that Valerius and Horatius should proceed to the Aventine. They refused to go on any other condition than that the decemvirs should lay down the badges of that office, which they had resigned at the end of the previous year. The decemvirs, complaining that they were now being degraded, declared that they would not resign their office until those laws, for the sake of which they had been appointed, were passed.

The people being informed by Marcus Duillius, who had been tribune of the people, that by reason of their continual contentions no business was transacted, passed from the Aventine to the Sacred Mount, as Duillius asserted that no concern for business would enter the minds of the patricians, until they saw the city deserted: that the Sacred Mount would remind them of the people's firmness: that they would then know that matters could not be brought back to harmony without the restoration of the tribunician power. Having set out along the Nomentan way, which was then called the Ficulean,[58] they pitched their camp on the Sacred Mount, imitating the moderation of their fathers by committing no violence. The commons followed the army, no one whose age would permit him declining to go. Their wives and children attended them, piteously asking to whom they were leaving them, in a city where neither chastity nor liberty were respected. When the unusual solitude had created everywhere at Rome a feeling of desolation; when there was no one in the forum but a few old men: when, after the patricians had been summoned into the senate, the forum appeared deserted, by this time more besides Horatius and Valerius began to exclaim, "What will you now wait for, conscript fathers? If the decemvirs do not put an end to their obstinacy, will you suffer all things to go to wreck and ruin? What power is that of yours, decemvirs, which you embrace and hold so firmly? Do you mean to administer justice to walls and houses? Are you not ashamed that an almost greater number of your lictors is to be seen in the forum than of the other citizens? What are you going to do, in case the enemy should approach the city? What, if the commons should come presently in arms, in case we show ourselves little affected by their secession? Do you mean to end your power by the fall of the city? Well, then, either we must not have the commons, or they must have their tribunes. We shall sooner be able to dispense with our patrician magistrates, than they with their plebeian. That power, when new and untried, they wrested from our fathers; much less will they now, when once captivated by its charm, endure the loss of: more especially since we do not behave with such moderation in the exercise of our power that they are in no need of the aid of the tribunes." When these arguments were thrown out from every quarter, the decemvirs, overpowered by the united opinions of all, declared that, since such seemed to be the feeling, they would submit to the authority of the patricians. All they asked for themselves was that they might be protected from popular odium; they warned the senate, that they should not, by shedding their blood, habituate the people to inflict punishment on the patricians.

Then Valerius and Horatius, having been sent to bring back the people on such terms as might seem fit, and to adjust all differences, were directed to make provision also to protect the decemvirs from the resentment and violence of the multitude. They set forth and were received into the camp amid the great joy of the people, as their undoubted liberators, both at the beginning of the disturbance and at the termination of the matter. In consideration of these things, thanks were returned to them on their arrival. Icilius delivered a speech in the name of the people. When the terms came to be considered, on the ambassadors inquiring what the demands of the people were, he also, having already concerted the plan before the arrival of the ambassadors, made such demands, that it became evident that more hope was placed in the justice of their case than in arms. For they demanded the restoration of the tribunician office and the right of appeal, which, before the appointment of decemvirs, had been the supports of the people, and that it should be without detriment to any one to have instigated the soldiers or the commons to seek to recover their liberty by a secession. Concerning the punishment only of the decemvirs was their demand immoderate: for they thought it but just that they should be delivered up to them, and threatened to burn them alive. The ambassadors replied: "Your demands which have been the result of deliberation are so reasonable, that they should be voluntarily offered to you: for you demand therein safeguards for your liberty, not a means of arbitrary power to assail others. Your resentment we must rather pardon than indulge, seeing that from your hatred of cruelty you rush into cruelty, and almost before you are free yourselves, already wish to lord it over your opponents. Shall our state never enjoy rest from punishments, inflicted either by the patricians on the Roman commons, or by the commons on the patricians? You need a shield rather than a sword. He is sufficiently and abundantly humbled who lives in the state on an equal footing with his fellow-citizens, neither inflicting nor suffering injury. Should you, however, at any time wish to render yourselves formidable, when, after you have recovered your magistrates and laws, decisions on our lives and fortunes shall be in your hands, then you shall determine according to the merits of each case: for the present it is sufficient that your liberty be recovered."

All assenting that they should act just as they thought proper, the ambassadors assured them that they would speedily return, having brought everything to a satisfactory termination. When they had gone and laid before the patricians the message of the commons—while the other decemvirs, since, contrary to their own expectation, no mention was made of their punishment—raised no objection, Appius, being of a truculent disposition and the chief object of detestation, measuring the rancour of others toward him by his own toward them, said: "I am not ignorant of the fate which threatens me. I see that the contest against us is only deferred until our arms are delivered up to our adversaries. Blood must be offered up to popular rage. I do not even hesitate to resign my decemvirate." A decree of the senate was then passed: that the decemvirs should as soon as possible resign their office; that Quintus Furius, chief pontiff, should hold an election of plebeian tribunes, and that the secession of the soldiers and commons should not be detrimental to any one. These decrees of the senate being completed, and the senate dismissed, the decemvirs came forth into the assembly, and resigned their office, to the great joy of all. News of this was carried to the commons. All those who remained in the city escorted the ambassadors. This crowd was met by another joyous body from the camp; they congratulated each other on the restoration of liberty and concord to the state. The deputies spoke as follows before the assembly: "Be it advantageous, fortunate, and happy for you and the republic—return to your country, to your household gods, your wives and children; but carry into the city the same moderation which you observed here, where in spite of the pressing need of so many things necessary for so large a number of persons, no man's field has been injured. Go to the Aventine, whence you set out. There, in that auspicious place, where you laid the first beginnings of your liberty, you shall elect tribunes of the people. The chief pontiff will be at hand to hold the elections." Great was their approval and joy, as evinced in their assent to every measure. They then pulled up their standards, and having set out for Rome, vied in exultation with all they met. Silently, under arms, they marched through the city and reached the Aventine. There, the chief pontiff holding the meeting for the elections, they immediately elected as their tribunes of the people, first of all Lucius Verginius, then Lucius Icilius, and Publius Numitorius, the uncle of Verginius, who had recommended the secession: then Gaius Sicinius, the offspring of him who is recorded to have been elected first tribune of the commons on the Sacred Mount; and Marcus Duillius, who had held a distinguished tribuneship before the appointment of the decemvirs, and never failed the commons in their contests with the decemvirs. Marcus Titinius, Marcus Pomponius, Gaius Apronius, Appius Villius, and Gaius Oppius, were elected more from hope entertained of them than from any actual services. When he entered on his tribuneship, Lucius Icilius immediately brought before the people, and the people enacted, that the secession from the decemvirs which had taken place should not prove detrimental to any individual. Immediately after Duillius carried a proposition for electing consuls, with right of appeal[59]. All these things were transacted in an assembly of the commons in the Flaminian meadows, which are now called the Flaminian Circus.[60]

Then, through an interrex, Lucius Valerius and Marcus Horatius were elected consuls, and immediately entered on their office; their consulship, agreeable to the people, although it did no injury to the patricians, was not, however, without giving them offence; for whatever measures were taken to secure the liberty of the people, they considered to be a diminution of their own power. First of all, when it was as it were a disputed point of law, whether patricians were bound by regulations enacted in an assembly of the commons, they proposed a law in the assembly of the centuries, that whatever the commons ordered in the assembly of the tribes, should be binding on the entire people; by which law a most keen-edged weapon of offence was given to the motions introduced by tribunes. Then another law made by a consul concerning the right of appeal, a singularly effective safeguard of liberty, that had been upset by the decemviral power, was not only restored but also guarded for the time to come, by the passing of a new law, that no one should appoint any magistrate without appeal:[61] if any person should so appoint, it should be lawful and right that he be put to death; and that such killing should not be deemed a capital offence. And when they had sufficiently secured the commons by the right of appeal on the one hand by tribunician aid on the other, they revived for the tribunes themselves the privilege that their persons should be considered inviolable—the recollection of which was now almost forgotten—by renewing after a long interval certain ceremonies which had fallen into disuse; and they rendered them inviolable by religion, as well as by a law, enacting that whosoever should offer injury to tribunes of the people, ædiles, or judicial decemvirs, his person should be devoted to Jupiter, and his property be sold at the Temple of Ceres, Liber, and Libera. Expounders of the law deny that any person is by this law inviolable, but assert that he, who may do an injury to any of them, is deemed by law accursed: and that, accordingly, an ædile may be arrested and carried to prison by superior magistrates, which, though it be not expressly warranted by law (for an injury is done to a person to whom it is not lawful to do an injury according to this law), is yet a proof that an ædile is not considered as sacred and inviolable; the tribunes, however, are sacred and inviolable according to the ancient oath of the commons, when first they created that office. There have been some who supposed that by this same Horatian law provision was made for the consuls also and the prætors, because they were elected under the same auspices as the consuls; for a consul was called a judge. This interpretation is refuted, because at this time it had not yet been customary for the consul to be styled judge, but prætor.[62] These were the laws proposed by the consuls. It was also arranged by the same consuls, that decrees of the senate, which before that used to be suppressed and altered at the pleasure of the consuls, should be deposited in the Temple of Ceres, under the care of the aediles of the commons. Then Marcus Duillius, tribune of the commons, brought before the people and the people enacted, that whoever left the people without tribunes, and whoever caused a magistrate to be elected without appeal, should be punished with stripes and beheaded. All these enactments, though against the feelings of the patricians, passed off without opposition from them, because as yet no severity was aimed at any particular individual.

Then, both the tribunician power and the liberty of the commons having been firmly established, the tribunes, now deeming it both safe and seasonable to attack individuals, singled out Verginius as the first prosecutor and Appius as defendant. When Verginius had appointed a day for Appius to take his trial, and Appius had come down to the forum, accompanied by a band of young patricians, the recollection of his most profligate exercise of power was instantly revived in the minds of all, as soon as they beheld the man himself and his satellites. Then said Verginius: "Long speeches are only meant for matters of a doubtful nature. Accordingly, I shall neither waste time in dwelling on the guilt of this man before you, from whose cruelty you have rescued yourselves by force of arms, nor will I suffer him to add impudence to his other crimes in defending himself. Wherefore, Appius Claudius, I pardon you for all the impious and nefarious deeds you have had the effrontery to commit one after another for the last two years; with respect to one charge only, unless you shall choose a judge who shall acquit you that you have not sentenced a free person to slavery, contrary to the laws, I shall order that you be taken into custody." Neither in the aid of the tribunes, nor in the judgment of the people, could Appius place any hope: still he both appealed to the tribunes, and, when no one heeded him, being seized by the officer, he exclaimed, "I appeal." The hearing of this one word that safeguard of liberty, and the fact that it was uttered from that mouth, by which a free citizen was so recently consigned to slavery, caused silence. And, while they loudly declared, each on his own behalf, that at length the existence of the gods was proved, and that they did not disregard human affairs; and that punishments awaited tyranny and cruelty, which punishments, though late, were, however, by no means light; that that man now appealed, who had abolished all right of appeal; and that he implored the protection of the people, who had trampled under foot all the rights of the people: and that he was being dragged off to prison, destitute of the rights of liberty, who had doomed a free person to slavery, the voice of Appius himself was heard, amid the murmurs of the assembly, imploring the protection of the Roman people. He enumerated the services of his ancestors to the state, at home and abroad: his own unfortunate anxiety for the interests of the Roman commons, owing to which he had resigned the consulship, to the very great displeasure of the patricians, for the purpose of equalizing the laws; he then went on to mention those laws of his, the framer of which was dragged off to prison, though the laws still remained in force. However, in regard to what bore especially on his own case, his personal merits and demerits, he would make trial of them, when an opportunity should be afforded him of stating his defence; at present, he, a Roman citizen, demanded, by the common right of citizenship, that he be allowed to speak on the day appointed, and to appeal to the judgment of the Roman people: he did not dread popular odium so much as not to place any hope in the fairness and compassion of his fellow-citizens. But if he were led to prison without being heard, that he once more appealed to the tribunes of the people, and warned them not to imitate those whom they hated. But if the tribunes acknowledged themselves bound by the same agreement for abolishing the right of appeal, which they charged the decemvirs with having conspired to form, then he appealed to the people, he implored the aid of the laws passed that very year, both by the consuls and tribunes, regarding the right of appeal. For who would there be to appeal, if this were not allowed a person as yet uncondemned, whose case had not been heard? What plebeian or humble individual would find protection in the laws, if Appius Claudius could not? That he would be a proof whether tyranny or liberty was established by the new laws, and whether the right of appeal and of challenge against the injustice of magistrates was only held out in idle words, or really granted.

Verginius, on the other hand, affirmed that Appius Claudius was the only person who had no part or share in the laws, or in any covenant civil or human. Men should look to the tribunal, the fortress of all villainies, where that perpetual decemvir, venting his fury on the property, person, and life of the citizens, threatening all with his rods and axes, a despiser of gods and men, surrounded by men who were executioners, not lictors, turning his thoughts from rapine and murder to lust, tore a free-born maiden, as if she had been a prisoner of war, from the embraces of her father, before the eyes of the Roman people, and gave her as a present to a dependent, the minister to his secret pleasures: where too by a cruel decree, and a most outrageous decision, he armed the right hand of the father against the daughter: where he ordered the betrothed and uncle, on their raising the lifeless body of the girl, to be led away to prison, affected more by the interruption of his lust than by her death: that the prison was built for him also which he was wont to call the domicile of the Roman commons. Wherefore, though he might appeal again and again, he himself would again and again propose a judge, to try him on the charge of having sentenced a free person to slavery; if he would not go before a judge, he ordered him to be taken to prison as one already condemned. He was thrown into prison, though without the disapprobation of any individual, yet not without considerable emotion of the public mind, since, in consequence of the punishment by itself of so distinguished a man, their own liberty began to be considered by the commons themselves as excessive.[63]

The tribunes adjourned the day of trial.

Meanwhile, ambassadors from the Hernicans and Latins came to Rome to offer their congratulations on the harmony existing between the patricians and commons, and as an offering on that account to Jupiter, best and greatest, they brought into the Capitol a golden crown, of small weight, as money at that time was not plentiful, and the duties of religion were performed rather with piety than splendour. On the same authority it was ascertained that the Aequans and Volscians were preparing for war with the utmost energy. The consuls were therefore ordered to divide the provinces between them. The Sabines fell to the lot of Horatius, the Æquans to Valerius. After they had proclaimed a levy for these wars, through the good offices of the commons, not only the younger men, but a large number, consisting of volunteers from among those who had served their time,[64] attended to give in their names: and hence the army was stronger not only in the number but also in the quality of its soldiers, owing to the admixture of veterans. Before they marched out of the city, they engraved on brass, and fixed up in public view, the decemviral laws, which are named "the twelve tables." There are some who state that the aediles discharged that office by order of the tribunes.

Gaius Claudius, who, detesting the crimes of the decemvirs and, above all, incensed at the arrogant conduct of his brother-in-law, had retired to Regillum, his ancestral home. Though advanced in years, he now returned to the City, to deprecate the dangers threatening the man whose vicious practices had driven him into retirement. Going down to the Forum in mourning garb, accompanied by the members of his house and by his clients, he appealed to the citizens individually, and implored them not to stain the house of the Claudii with such an indelible disgrace as to deem them worthy of bonds and imprisonment. To think that a man whose image would be held in highest honour by posterity, the framer of their laws and the founder of Roman jurisprudence, should be lying manacled amongst nocturnal thieves and robbers! Let them turn their thoughts for a moment from feelings of exasperation to calm examination and reflection, and forgive one man at the intercession of so many of the Claudii, rather than through their hatred of one man despise the prayers of many. So far he himself would go for the honour of his family and his name, but he was not reconciled to the man whose distressed condition he was anxious to relieve. By courage their liberties had been recovered, by clemency the harmony of the orders in the State could be strengthened. Some were moved, but it was more by the affection he showed for his nephew than by any regard for the man for whom he was pleading. But Verginius begged them with tears to keep their compassion for him and his daughter, and not to listen to the prayers of the Claudii, who had assumed sovereign power over the plebs, but to the three tribunes, kinsmen of Verginia, who, after being elected to protect the plebeians, were now seeking their protection. This appeal was felt to have more justice in it. All hope being now cut off, Appius put an end to his life before the day of trial came.

Soon after Sp. Oppius was arraigned by P. Numitorius. He was only less detested than Appius, because he had been in the City when his colleague pronounced the iniquitous judgment. More indignation, however, was aroused by an atrocity which Oppius had committed than by his not having prevented one. A witness was produced, who after reckoning up twenty-seven years of service, and eight occasions on which he had been decorated for conspicuous bravery, appeared before the people wearing all his decorations. Tearing open his dress he exhibited his back lacerated with stripes. He asked for nothing but a proof on Oppius' part of any single charge against him; if such proof were forthcoming, Oppius, though now only a private citizen, might repeat all his cruelty towards him. Oppius was taken to prison and there, before the day of trial, he put an end to his life. His property and that of Claudius were confiscated by the tribunes. Their colleagues changed their domicile by going into exile; their property also was confiscated. M. Claudius, who had been the claimant of Verginia, was tried and condemned; Verginius himself, however, refused to press for the extreme penalty, so he was allowed to go into exile to Tibur. Verginia was more fortunate after her death than in her lifetime; her shade, after wandering through so many houses in quest of expiatory penalties, at length found rest, not one guilty person being now left.

Great alarm seized the patricians; the looks of the tribunes were now as menacing as those of the decemvirs had been. M. Duillius the tribune imposed a salutary check upon their excessive exercise of authority. "We have gone," he said, "far enough in the assertion of our liberty and the punishment of our opponents, so for this year I will allow no man to be brought to trial or cast into prison. I disapprove of old crimes, long forgotten, being raked up, now that the recent ones have been atoned for by the punishment of the decemvirs. The unceasing care which both the consuls are taking to protect your liberties is a guarantee that nothing will be done which will call for the power of the tribunes." This spirit of moderation shown by the tribune relieved the fears of the patricians, but it also intensified their resentment against the consuls, for they seemed to be so wholly devoted to the plebs, that the safety and liberty of the patricians were a matter of more immediate concern to the plebeian than they were to the patrician magistrates. It seemed as though their adversaries would grow weary of inflicting punishment on them sooner than the consuls would curb their insolence. It was pretty generally asserted that they had shown weakness, since their laws had been sanctioned by the senate, and no doubt was entertained that they had yielded to the pressure of circumstances.

After matters had been settled in the City and the position of the plebs firmly assured, the consuls left for their respective provinces. Valerius wisely suspended operations against the armies of the Aequans and the Volscians, which had now united at Algidum: whereas, if he had immediately intrusted the issue to fortune, I am inclined to think that, considering the feelings both of the Romans and of their enemies at that time, after the unfavourable auspices of the decemvirs,[65] the contest would have cost him heavy loss. Having pitched his camp at the distance of a mile from the enemy, he kept his men quiet. The enemy filled the space lying between the two camps with their army in order of battle, and not a single Roman made answer when they challenged them to fight. At length, wearied with standing and waiting in vain for a contest, the Aequans and Volscians, considering that the victory was almost yielded to them, went off some to Hernican, others to Latin territory, to commit depredations. There was left in the camp rather a garrison for its defence than sufficient force for a contest. When the consul perceived this, he in turn inspired the terror which his own men had previously felt, and having drawn up his troops in order of battle on his side, provoked the enemy to fight. When they, conscious of their lack of forces, declined battle, the courage of the Romans immediately increased, and they considered them vanquished, as they stood panic-stricken within their rampart. Having stood throughout the day eager for the contest, they retired at night. And the Romans, now full of hope, set about refreshing themselves. The enemy, in by no means equal spirits, being now anxious, despatched messengers in every direction to recall the plundering parties.

Those in the nearest places returned: those who were farther off were not found. When day dawned, the Romans left the camp, determined on assaulting the rampart, unless an opportunity of fighting presented itself; and when the day was now far advanced, and no movement was made by the enemy, the consul ordered an advance; and the troops being put in motion, the Aequans and Volscians were seized with indignation, at the thought that victorious armies had to be defended by a rampart rather than by valour and arms. Wherefore they also earnestly demanded the signal for battle from their generals, and received it. And now half of them had got out of the gates, and the others in succession were marching in order, as they went down each to his own post, when the Roman consul, before the enemy's line, supported by their entire strength, could get into close order, advanced upon them; and having attacked them before they were all as yet led forth, and before those, who were, had their lines properly drawn out, he fell upon them, a crowd almost beginning to waver, as they ran from one place to another, and gazed around upon themselves, and looked eagerly for their friends, the shouts and violent attack adding to the already panic-stricken condition of their minds. The enemy at first gave way; then, having rallied their spirits, when their generals on every side reproachfully asked them, whether they intended to yield to vanquished foes, the battle was restored.

On the other side, the consul desired the Romans to remember that on that day, for the first time, they fought as free men in defence of Rome, now a free city. That it was for themselves they were about to conquer, not to become, when victorious, the prize of the decemvirs. That it was not under the command of Appius that operations were being conducted, but under their consul Valerius, descended from the liberators of the Roman people, himself their liberator. Let them show that in former battles it had been the fault of the generals and not of the soldiers, that they did not conquer. That it was shameful to have exhibited more courage against their own countrymen than against their enemies, and to have dreaded slavery more at home than abroad. That Verginia was the only person whose chastity had been in danger in time of peace; that Appius had been the only citizen of dangerous lust. But if the fortune of war should turn against them, the children of all would be in danger from so many thousands of enemies; that he was unwilling to forebode what neither Jupiter nor their father Mars would be likely to suffer to befall a city built under such auspices. He reminded them of the Aventine and the Sacred Mount; that they should bring back dominion unimpaired to that spot, where their liberty had been won but a few months before; and that they should show that the Roman soldiers retained the same disposition after the expulsion of the decemvirs, as they had possessed before they were appointed, and that the valour of the Roman people had not deteriorated after the laws had been equalized. After he uttered these words among the battalions of the infantry, he hurried from them to the cavalry. "Come, young men," said he, "show yourselves superior to the infantry in valour, as you already are their superiors in honour and in rank. The infantry at the first onset have made the enemy give way; now that they have given way, do you give reins to your horses and drive them from the field. They will not stand your charge; even now they rather hesitate than resist." They spurred on their horses, and charged at full speed against the enemy, who were already thrown into confusion by the attack of the infantry: and having broken through the ranks, some dashing on to the rear of their line, others wheeling about in the open space from the flanks, turned most of them away from the camp as they were now flying in all directions, and by riding beyond them headed them off. The line of infantry, the consul himself, and the whole onset of the battle was borne toward the camp, and having taken it with considerable slaughter, he got possession of still more considerable booty. The fame of this battle, carried not only to the city, but to the other army also in Sabine territory, was welcomed in the city with public rejoicing; in the camp, it inspirited the soldiers to emulate such glory. Horatius, by training them in sallies, and making trial of them in slight skirmishes, had accustomed them to trust in themselves rather than remember the ignominy incurred under the command of the decemvirs, and these trifling engagements had greatly contributed to the successful consummation of their hopes. The Sabines, elated at their success in the preceding year, ceased not to provoke and urge them to fight, constantly asking why they wasted time, sallying forth in small numbers and returning like marauders, and why they distributed the issue of a single war over a number of engagements, and those of no importance. Why did they not meet them in the field, and intrust to fortune the decision of the matter once and for all?

Besides that they had already of themselves recovered sufficient courage, the Romans were fired with exasperation at the thought that the other army would soon return victorious to the city; that the enemy were now wantonly affronting them with insolence: when, moreover, would they be a match for the enemy, if they were not so then? When the consul ascertained that the soldiers loudly expressed these sentiments in the camp, having summoned an assembly, he spoke as follows: "How matters have fared in Algidum, I suppose that you, soldiers, have already heard. As became the army of the free people to behave, so have they behaved; through the good judgment of my colleague and the valour of the soldiers, the victory has been gained. For my part, I shall display the same judgment and determination as you yourselves, O soldiers, display. The war may either be prolonged with advantage, or be brought to a speedy conclusion. If it is to be prolonged, I shall take care, by employing the same method of warfare with which I have begun, that your hopes and your valour may increase every day. If you have now sufficient courage, and it is your wish that the matter be decided, come, raise here a shout such as you will raise in the field of battle, in token both of your wishes and your valour." Whenthe shout was raised with great alacrity, he assured them that he would comply with their wishes—and so might Heaven prosper it—and lead them next day into the field. The remainder of the day was spent in getting ready their arms. On the following day, as soon as the Sabines saw the Roman army being drawn up in order of battle, they too, having long since been eager for the encounter, advanced. The battle was one such as would be fought between two armies who both had confidence in themselves, the one on account of its long-standing and unbroken career of glory, the other recently elated by its unusual success. The Sabines aided their strength also by stratagem; for, having formed a line equal to that of the Romans, they kept two thousand men in reserve, to make an attack on the left wing of the Romans in the heat of the battle. When these, by an attack in flank, were on the point of overpowering that wing, now almost surrounded, about six hundred of the cavalry of two legions leaped down from their horses, and, as their men were giving way, rushed forward in front, and at the same time both opposed the advance of the enemy, and roused the courage of the infantry, first by sharing the danger equally with them, and then by arousing in them a sense of shame. It was a matter of shame that the cavalry should fight in their own proper fashion and in that of others, and that the infantry should not be equal to the cavalry even when dismounted.[66]

They marched therefore to the fight, which had been suspended on their part, and endeavoured to regain the ground which they had lost, and in a moment not only was the battle restored, but one of the wings of the Sabines gave way. The cavalry, protected between the ranks of the infantry, remounted their horses; they then galloped across to the other division to announce their success to their party; at the same time also they charged the enemy, now disheartened by the discomfiture of their stronger wing. The valour of none shone forth more conspicuous in that battle. The consul provided for all emergencies; he applauded the brave, rebuked wherever the battle seemed to slacken. When reproved, they displayed immediately the deeds of brave men; and a sense of shame stimulated these, as much as praises the others. The shout being raised anew, all together making a united effort, drove the enemy back; nor could the Roman attack be any longer resisted.

The Sabines, driven in every direction through the country, left their camp behind them for the enemy to plunder. There the Romans recovered the effects, not of the allies, as at Algidum, but their own property, which had been lost by the devastations of their lands. For this double victory, gained in two battles, in two different places, the senate in a niggardly spirit merely decreed thanksgivings in the name of the consuls for one day only. The people went, however, on the second day also, in great numbers of their own accord to offer thanksgiving; and this unauthorized and popular thanksgiving, owing to their zeal, was even better attended. The consuls by agreement came to the city within the same two days, and summoned the senate to the Campius Martius.[67] When they were there relating the services performed by themselves, the chiefs of the patricians complained that the senate was designedly convened among the soldiers for the purpose of intimidation. The consuls, therefore, that there might be no room for such a charge, called away the senate to the Flaminian meadows, where the Temple of Apollo now is (even then it was called the Apollinare). There, when a triumph was refused by a large majority of the patricians, Lucius Icilius, tribune of the commons, brought a proposition before the people regarding the triumph of the consuls, many persons coming forward to argue against the measure, but in particular Gaius Claudius, who exclaimed, that it was over the senate, not over the enemy, that the consuls wished to triumph; and that it was intended as a return for a private service to a tribune, and not as an honour due to valour. That never before had the matter of a triumph been managed through the people; but that the consideration of that honour and the disposal of it, had always rested with the senate; that not even the kings had infringed on the majesty of this most august body. The tribunes should not so occupy every department with their own authority, as to allow the existence of no public council; that the state would be free, and the laws equalized by these means only, if each order retained its own rights and its own dignity. After much had been said by the other senior patricians also to the same purpose, all the tribes approved the proposition. Then for the first time a triumph was celebrated by order of the people, without the authority of the senate.

This victory of the tribunes and people was well-nigh terminating in an extravagance by no means salutary, a conspiracy being formed among the tribunes that the same tribunes might be re-elected, and, in order that their own ambition might be the less conspicuous, that the consuls also might have their office prolonged. They pleaded, in excuse, the combination of the patricians by which the privileges of the commons were attempted to be undermined by the affronts of the consuls. What would be the consequence, when the laws were as yet not firmly established, if they attacked the new tribunes through consuls of their own party? Men like Horatius and Valerius would not always be consuls, who would regard their own interests as secondary after the liberty of the people. By some concurrence of circumstances, useful in view of the situation, it fell by lot to Marcus Duillius before all others to preside at the elections, a man of prudence, and who perceived the storm of public odium that was hanging over them from the continuance of their office. And when he declared that he would take no account of any of the former tribunes, and his colleagues struggled to get him to allow the tribes to vote independently, or to give up the office of presiding at the elections, which he held by lot, to his colleagues, who would hold the elections according to law rather than according to the pleasure of the patricians; a contention being now excited, when Duillius had sent for the consuls to his seat and asked them what they contemplated doing with respect to the consular elections, and they answered that they would appoint new consuls; then, having secured popular supporters of a measure by no means popular, he proceeded with them into the assembly. There the consuls were brought forward before the people, and asked what they would do if the Roman people mindful of their liberty recovered at home through them, mindful also of their services in war, should again elect them consuls: and when they in no way changed their opinions, he held the election, after eulogizing the consuls, because they persevered to the last in being unlike the decemvirs; and five tribunes of the people having been elected, when, through the zealous exertions of the nine tribunes who openly pressed their canvass, the other candidates could not make up the required number of tribes, he dismissed the assembly; nor did he hold one afterward for the purpose of an election. He said that the law had been satisfied, which, without any number being anywhere specified, only enacted that tribunes who had been elected should be left to choose their colleagues and confirmed those chosen by them. He then went on to recite the formula of the law, in which it was laid down: "If I shall propose for election ten tribunes of the commons, if from any cause you shall elect this day less than ten tribunes of the people, then that those whom they may have chosen as colleagues for themselves, that these, I say, be legitimate tribunes of the people on the same conditions as those whom you shall on this day have elected tribunes of the people." When Duillius persevered to the last, stating that the republic could not have fifteen tribunes of the people, having baffled the ambition of his colleagues, he resigned office, equally approved of by patricians and commons.