patricians, and (hoped) to catch the breeze 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 without their deserving it. They were unwilling to assist men who,
by rushing too eagerly towards liberty, had fallen into slavery: they
even heaped injuries on them, that, from their disgust at the present
state of things, two consuls and the former mode of government may at
length become desirable. The greater part of the year was now passed,
and two tables of laws had been added to the ten tables of the former
year; and if these laws also were once passed in an assembly of the
centuries, there now remained no reason why the republic should require
that form of government. They were anxiously waiting to see how soon
the assembly would be proclaimed for the election of consuls. The
commons were only devising by what means they should re-establish the
tribunitian power, that bulwark of their liberty, a thing now so long
discontinued. When in the mean time no mention was made of the
elections, and the decemvirs, who had at first exhibited themselves to
the people, surrounded by men of tribunitian rank, because that was
deemed popular, now guarded themselves by collecting young patricians;
troops of these beset the tribunals. These seized and drove about the
commons, and the effects of the commons; when success attended the more
powerful individual, as far as obtaining any thing he might covet.[139]
And now they spared not even their backs. Some were beaten with rods;
others had to submit to the axe; and lest such cruelty might go for
nothing, a grant of his effects followed the punishment of the owner.
Corrupted by such bribes, the young nobility not only made no opposition
to oppression, but openly avowed their preference of their own
gratification to the general liberty.
[Footnote 139: _Quum fortuna, qua quicquid cupitum foret, potentioris
esset_. Stroth considers this passage to be corrupt: he proposes to read
_cum fortuna_, so that _portentioris esset_ may refer to _quicquid
cupitum foret_, i. e. with such favourable success, that every thing
which the more powerful person might covet, became his.]
38. The ides of May came. No new election of magistrates having taken
place, private persons came forth as decemvirs, without any abatement
either in their determination to enforce their authority,[140] or any
diminution in the emblems employed to make a parade of their station.
This indeed seemed to be regal tyranny. Liberty is now deplored as lost
for ever; nor does any champion stand forth, or appear likely to do so.
And not only they themselves sunk into despondence, but they began to be
looked down upon by the neighbouring states; and they felt indignant
that dominion should exist where liberty was lost. The Sabines with a
numerous body of men made an incursion on the Roman territory; and
having committed extensive devastations, after they had driven with
impunity booty of men and cattle, they recalled their troops which had
been dispersed in different directions to Eretum, and pitch their camp
there, grounding their hopes on the dissensions at Rome; (and trusting)
that they would prove an obstruction to the levy. Not only the couriers,
but the flight of the country people through the city, occasioned alarm.
The decemvirs consult what should be done. Whilst they were thus left
destitute between the hatred of the patricians and people, fortune
added, moreover, another cause of alarm. The Æquans on the opposite side
pitch their camp at Algidum; and ambassadors from Tusculum, imploring
relief, bring accounts that the Tusculan land was ravaged by detachments
from thence. The panic occasioned hereby urged the decemvirs to consult
the senate, two wars at the same time surrounding the city. They order
the patricians to be summoned into the senate-house, well aware what a
storm of resentment was ready to break upon them; that all would heap on
them the causes of the land laid waste, and of the dangers which
threatened them; and that that would occasion an attempt to abolish
their office, if they did not unite in resisting, and by enforcing their
authority with severity on a few of an intractable spirit repress the
efforts of others. When the voice was heard in the forum of the crier
summoning the senators into the senate-house before the decemvirs; as a
matter altogether new, because they had long since laid aside the custom
of consulting the senate, it attracted the attention of the people, who
expressed their surprise: "What could have happened, that after so long
an interval they should revive a practice now discontinued. That they
had reason to return thanks to the enemy and to war, that any thing was
done that used to be done when their state was free." They looked around
for a senator through all parts of the forum, and seldom recognised one
any where: they then directed their attention to the senate-house, and
to the solitude around the decemvirs: whilst both they themselves
referred the non-assembling of the patricians to their own universally
detested government, and the commons (would have it, that the cause of
the non-assembling was) because, being but private citizens, they (the
decemvirs) had no right to convene the senate;[141] "that a head was
now formed of those who would demand back their liberty, if the commons
would but accompany the senate, and as the patricians, when summoned,
did not attend the senate, so the commons also should refuse to enlist."
Such were the remarks of the commons. There was scarcely any of the
patricians in the forum, and but very few in the city. In disgust with
the state of affairs, they had retired into the country, and were
attending to their own affairs, renouncing all public concerns,
considering that they themselves were aloof from ill-treatment in
proportion as they should remove themselves from the meeting and
converse of their imperious masters. When those who had been summoned
did not assemble, apparitors were despatched to their houses, both to
levy the penalties,[142] and to ascertain whether they declined
attendance through design? They bring 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 command them all to be sent for, and proclaim a meeting
of the senate for the following day; which congregated together in much
greater numbers than they themselves had expected. By which 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 but
private individuals, were it not for the violence employed by them.[143]
[Footnote 140: _Inhibendum_, sc. _adhibendum_--the term _inhibeo_ occurs
frequently in this sense, as below, _imperioque inhibendo_. The
adjective _imminutis_ also refers evidently to _honoris
insignibus_.--_Stroth._]
[Footnote 141: The words are, _quum et ipsi invisum consensu imperium,
et plebs, quid privatis jus non esset vocandi senatum, non convenire
patres interpretarentur_, i. e. while, on the one hand, the decemvirs
themselves accounted for the staying away of the senators from the
meeting, by the fact of their (the decemvirs') government being disliked
by them; whilst, on the other hand, the commons accounted for the
non-appearance of the senators by the fact, that being now mere private
citizens, their time of office being passed, they (the decemvirs) had no
right whatever to convene the senate.--_Stroth._]
[Footnote 142: The senators were obliged to attend the meeting of the
senate when convened by the magistrate; otherwise a fine was imposed, to
insure the payment of which pledges were exacted, which were sold in
case of non-payment. See Cicero de Orat. iii. 1. Philip. i. 5.]
[Footnote 143: In the original the words are: _quod iis qui jam
magistratu abissent, privatisque, si vis abesset_, &c., i. e. who
differed in no other respect from mere private citizens, except that
they had recourse to violence, which it was competent for the magistrate
only to do.]
39. But they showed more obedience in coming into the senate than
servility in the sentiments expressed by them, as we have learned. It
is recorded that, after Appius's stating the subject of the meeting, and
before the opinions were demanded in order, Lucius Valerius Potitus
excited a commotion, by demanding permission to express his sentiments
concerning the state, and when the decemvirs were prohibiting him with
threats, declaring that he would present himself before the people. (We
have also heard) 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[144] the kings had been
expelled. Nor was it of the mere name that men were then tired, it being
that by which it was usual to style Jupiter, and by which Romulus, the
founder of the city, and his successors were also styled; a name too
which has been retained even in the ceremonies of religion, as a solemn
one; that it was the tyranny and arrogance of a king they then detested,
which if they were not to be tolerated in one who was both a king
himself and the son of a king, who was to tolerate it in so many private
citizens? that they should beware lest, by preventing persons from
speaking their sentiments freely in the senate, they might oblige 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 will be
found to be in vindicating one's own liberty, than ambition in
(vindicating) usurped domination. That they proposed the question
concerning the Sabine war, 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 possess the fasces and regal dominion. That on the expulsion of
the kings, patrician magistrates were appointed, and subsequently,
after the secession of the people, plebeian magistrates. To which party,
he asked, did they belong? To the popular party? What had they ever done
with the concurrence of the people? were they nobles? who for now nearly
an entire year have not held a meeting of the senate; and then hold one
in such a manner, that they actually prevent numbers from expressing
their sentiments regarding the commonwealth; that they should not place
too much hope in the fears of others; that the grievances which they are
suffering now appear to men more oppressive than any they may have to
apprehend."
[Footnote 144: Livy's own account of the matter does not justify this
claim of the Horatii to having been at the head of the revolution which
banished the kings. But Dionysius of Halicarnassus informs us that it
was Marcus Horatius who made the army revolt against Tarquinius
Superbus, and that the same in his second consulate rendered unavailing
all the efforts of Porsenna to restore the Tarquins.]
40. Whilst Horatius was exclaiming in this manner, "and the decemvirs
could not discover any limit either to their anger or forbearance, nor
could they see to what the thing would come, Caius Claudius, who was
uncle to Appius the decemvir, delivered an address more like entreaties
than reproach, beseeching him by the shade of his own 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; that he besought this much more on Appius's own account,
than for the sake of the commonwealth. For that the commonwealth would
assert its rights in spite of them, if it could not obtain them with
their consent. But that from great contests great animosities arise; the
result of the latter he dreads." Though the decemvirs forbad them to
speak on any other subject than that which they had submitted to them,
they felt too much respect for Claudius to interrupt him. He therefore
concluded his address 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; and many of the men
of consular standing expressed their assent. Another measure proposed,
more harsh in appearance, possessed much less efficacy; one which
ordered the patricians to assemble to elect an interrex; for by passing
any resolution they judged, that those persons who convened the senate
were magistrates of some kind or other, whilst the person 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
sinking, Lucius Cornelius Maluginensis, brother of Marcus Cornelius the
decemvir, having been purposely reserved from among the consular men to
close the debate, by affecting an anxiety about the war, defended his
brother and his colleagues thus: saying, "he wondered by what fatality
it had occurred, that those who had been candidates for the decemvirate,
should attack the decemvirs, either as secondaries,[145] or as
principals: or when no one disputed for so many months whilst the state
was disengaged, whether legal magistrates had the management of affairs,
why do they now sow discord, when the enemies are nearly at the gate;
unless that in a state of confusion they think that what they are aiming
at will be less seen through." But that it was not just that any one
should prejudice so important a cause, whilst our minds are occupied
with a more momentous concern. It was his opinion, that the point which
Valerius and Horatius urged, viz. that the decemvirs had gone out of
office before the ides of May, should be discussed in the senate, when
the wars which are now impending are over, and the commonwealth has been
restored to tranquillity: and that Appius Claudius should now prepare to
take notice that an account is to be rendered by him of the comitia
which he himself 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 laid aside for the present,
except the war; and if they thought that the reports regarding it were
propagated without foundation, and that not only the couriers, but the
ambassadors of the Tusculans also had stated what was false, he thought
that scouts should be despatched to bring back more certain information;
but if credit were given both to the couriers and the ambassadors, that
the levy should be held at the very earliest opportunity; that the
decemvirs should lead the armies, whither it may seem proper to each;
and that no other matter should take precedence.
[Footnote 145: The original here is rather obscure. _Aut socii, aut hi
maxime._ Crevier prefers to read _aut soli aut hi maxime_. Stroth
explains _socii, se socios præbendo_.]
41. The junior patricians succeeded in having this opinion carried.
Valerius and Horatius rising again with greater vehemence demanded
aloud, "that it should be allowed them to express their sentiments
concerning the republic; that they would address the people, if by a
faction they were not allowed to do so in the senate. For that private
individuals, either in the senate or in a general assembly, could not
prevent them; nor would they yield to their imaginary fasces." Appius
then considering that the crisis was now nigh at hand, when their
authority would be overpowered, unless their violence were resisted with
equal boldness: "It will be better," says he, "not to utter a word on
any subject, except that which we are now considering: and to Valerius,
when he refused to be silent for a private individual, he commands a
lictor to proceed." When Valerius, on the threshold of the senate-house,
now craved the protection of the citizens, Lucius Cornelius, embracing
Appius, put an end to the dispute, not consulting the interest of him
whose interest he affected to consult; and permission to speak his
sentiments being obtained for Valerius through Cornelius, when this
liberty did not extend beyond words, the decemvirs obtained their
object. The consulars also and senior members, from the hatred of
tribunitian power still rankling in their bosoms, the desire of which
they considered was much more keenly felt by the commons than that of
the consular power, almost had rather that the decemvirs themselves
should voluntarily resign their office at some future period, than that
the people should rise once more into consequence through their
unpopularity. If the matter, conducted with gentleness, 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 is proclaimed amid the silence of the patricians; the young men
answer to their names, as the government was without appeal. The legions
being enrolled, the decemvirs set about arranging among themselves who
should set out to the war, who command the armies. The leading men among
the decemvirs were, Quintus Fabius and Appius Claudius. There appeared a
more serious war at home than abroad. They considered the violence of
Appius as better suited to suppress commotions in the city; that Fabius
possessed a disposition rather inconstant in good pursuits than
strenuous in bad ones. For this man, formerly distinguished at home and
abroad, his office of decemvir and his colleagues had so changed, that
he chose rather to be like to Appius than like himself. To him the war
against the Sabines was committed, his colleagues, Manius Rabuleius and
Quintus Pætelius, being sent with him. Marcus Cornelius was sent to
Algidum with Lucius Menucius and Titus Antonius, and Cæso Duilius and
Marcus Sergius: they determine on Spurius Oppius as an assistant to
Appius Claudius to protect the city, their authority being equal to that
of all the decemvirs.
42. 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 whole fault lay with the soldiers; who, lest any enterprise should
succeed under the conduct and auspices of the decemvirs, suffered
themselves to be beaten, to their own disgrace, and that of them (the
generals). Their armies were routed by the Sabines at Eretum, and in
Algidum by the Æquans. Having fled from Eretum during the silence of the
night, they fortified their camp nearer to the city, on an elevated
situation between Fidenæ and Crustumeria; no where encountering the
enemy, who pursued them, on equal ground, they protected themselves by
the nature of the place and a rampart, not by valour or arms. Greater
disgrace and greater loss were sustained in Algidum, their camp also was
lost; and the soldiers, stripped of all their utensils, betook
themselves to Tusculum, determined to procure the means of subsistence
from the good faith and compassion of their hosts; which, however, did
not disappoint them. Such alarming accounts were brought to Rome, that
the patricians, having laid aside their hatred of the decemvirs, passed
an order that watches should be held in the city; commanded that all who
were able by reason of their age to carry arms, should mount guard on
the walls, and form out-posts before the gates; they also voted arms to
be sent to Tusculum, besides a reinforcement; that the decemvirs also
should come down from the citadel of Tusculum and keep their troops
encamped; that the other camp should be removed from Fidenæ into the
Sabine territory; and that the enemy might be deterred, by thus
attacking them first, from entertaining any intentions of attacking the
city.
43. To the calamities received from the enemy, the decemvirs add two
flagitious deeds, one abroad, and the other in the city. In the Sabine
district, Lucius Siccius, who, during the unpopularity of the
decemvirs, introduced, in secret conversation with the common soldiers,
mention of electing tribunes and of a secession, was sent forwards to
select a place for a camp: instructions were given to the soldiers whom
they had sent to accompany him in that expedition, to attack him in a
convenient place and slay him. They did not kill him with impunity; for
several of the assassins fell around him resisting them, whilst,
possessing great personal strength and with a courage equal to that
strength, he was defending himself against them, now surrounded as he
was. The rest bring an account into the camp that Siccius, when fighting
bravely, had fallen into an ambush, and that some soldiers were lost
with him. At first the narrators were believed; afterwards a cohort,
which went by permission of the decemvirs to bury those who had fallen,
when they observed that none of the bodies there were stripped, that
Siccius lay in the middle with his arms, all the bodies being turned
towards him, whilst there was neither any body of the enemy, nor even
any traces of them as going away; they brought back his body, saying,
that he had certainly been slain by his own men. The camp was now filled
with indignation, and it was being determined that Siccius should be
forthwith brought to Rome, had not the decemvirs hastened to perform a
military funeral for him at the public expense. He was buried amid the
great grief of the soldiery, and with the worst possible reputation of
the decemvirs among the common people.
44. Another atrocious deed follows in the city, originating in lust,
attended with results not less tragical than that deed which drove the
Tarquins from the city and the throne through the injured chastity and
violent death of Lucretia: so that the decemvirs not only had the same
end as the kings had, but the same cause also of losing their power.
Appius Claudius was seized with a criminal passion for violating the
person of a young woman of plebeian condition. Lucius Virginius, the
girl's father, held an honourable rank among the centurions at Algidum,
a man of exemplary good conduct both at home and in the service. His
wife had been educated in a similar manner, as also were their children.
He had betrothed his daughter to Lucius Icilius, who had been a tribune,
a man of spirit and of approved zeal in the interest of the people. This
young woman, in the bloom of youth, distinguished for beauty, Appius,
burning with desire, attempted to seduce by bribes and promises; and
when he perceived that all the avenues (to the possession of her) were
barred by modesty, he turned his thoughts to cruel and tyrannical
violence. He instructed a dependent of his, Marcus Claudius, to claim
the girl as his slave, and not to yield to those who might demand her
interim retention of liberty; considering that, because the girl's
father was absent, there was an opportunity for committing the injury.
The tool of the decemvir's lust laid hands on the girl as she was coming
into the forum (for there in the sheds the literary schools were held);
calling her "the daughter of his slave and a slave herself," he
commanded her to follow him; that he would force her away if she
demurred. The girl being stupified with terror, a crowd collects at the
cries of the girl's nurse, who besought the protection of the citizens.
The popular names of her father, Virginius, and of her spouse, Icilius,
are in the mouths of every one. Their regard for them gains over their
acquaintances, whilst the heinousness of the proceeding gains over the
crowd. She was now safe from violence, when the claimant says, "that
there was no occasion for raising a mob; that he was proceeding by law,
not by force." He cites the girl into court. Those who stood by her
advising her to follow him, they now reached the tribunal of Appius. The
claimant rehearses the farce well known to the judge, as being the
author of the plot, "that a girl born in his house, and clandestinely
transferred from thence to the house of Virginius, had been fathered on
the latter." That he stated a thing ascertained by certain evidence, and
would prove it to the satisfaction even of Virginius himself, whom the
principal portion of that loss would concern. That it was but just that
in the interim the girl should accompany her master. The advocates for
Virginia, after they had urged that Virginius was absent on business of
the state, that he would be here in two days if word were sent to him,
that it was unfair that in his absence he should run any risk regarding
his children, demand that he adjourn the whole matter till the arrival
of the father; that he should allow the claim for her interim liberty
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.
45. Appius prefaced his decree by observing that the very law, which
Virginius's friends were putting forward as the ground of their demand,
clearly showed how much he favoured liberty. But that liberty would find
secure protection in it on this condition, that it varied[146] neither
with respect to cases or persons.[147] For with respect to those
individuals who were claimed as free, that point of law was good,
because[148] any person may proceed by law (and act for them); with
respect to her who is in the hands of her father, that there was no
other person (than her father) to whom her master need relinquish his
right of possession. That it was his determination, therefore, that her
father should be sent for: in the mean time, that the claimant should
suffer no loss of his right, but that he should carry off the girl with
him, and promise that she should be produced on the arrival of him who
was called her father. When many rather murmured against the injustice
of this decision than any one individual ventured to protest against it,
the girl's uncle, Publius Numitorius, and her betrothed spouse, Icilius,
just come in; and way being made through the crowd, the multitude
thinking that Appius might be most effectually resisted by the
intervention of Icilius, the lictor declares that "he had decided the
matter," and removes Icilius, when he attempted to raise his voice.
Injustice so atrocious would have fired even a cool temper. "By the
sword, Appius," says he, "I must be removed hence, that you may carry
off in silence that which you wish to be concealed. This young woman I
am about to marry, determined to have a lawful and chaste wife.
Wherefore call together all the lictors even of your colleagues; order
the rods and axes to be had in readiness; the betrothed wife of Icilius
shall not remain without her father's house. 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 maintaining our liberty, absolute dominion
has not therefore been given to you over our wives and children. Vent
your fury on our backs and necks; let chastity at least be secure. If
violence be offered to her, I shall implore the protection of the
citizens here present in behalf of my spouse; Virginius will implore
that of the soldiers in behalf of his only daughter; we shall all
implore 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. Let
Virginius, when he comes, consider what conduct he should pursue with
respect to his daughter. Let him only be assured of this, that if he
yield to the claims of this man, he will have to seek out another match
for his daughter. As for my part, in vindicating the liberty of my
spouse, life shall leave me sooner than my honour."
[Footnote 146: Appius here contrasts two classes of persons, one
consisting of individuals, who are in their own power; the other, of
those who are not _sui juris_, but are under the control either of a
parent, or some other person. If the question arise concerning a person
who is _sui juris_, whether he is to be consigned to slavery, or to be
restored to liberty, then "_id juris esse_," sc. that he remain free
till the decision is made, _because any person_, as being _homo sui
juris_, and consequently he himself, "may proceed by law;" but he says,
that this does not hold good with respect to a person who is not _sui
juris_, but is in the hands of others; such a person, he says, cannot be
pronounced free, but must be subject to the power, either of the parent
or master, so that no injury be done to either. Wherefore, since the
girl is not _sui juris_, she must be in the power, either of Virginius,
who says he is her father, or of Claudius, who says he is her master.
But since Virginius is not present, that she can be in the power of no
one but Claudius, until Virginius arrive.
I cannot resist the temptation of giving in full Mr. Gunn's note on the
passage, as found in his very neat edition of our author.
"Appius for his own purposes, in interpreting his own law, introduces a
distinction betwixt those who were _sui juris_, entirely free, and those
who were subject to the _patria potestas_. The law, according to him,
can apply only to the former, because in them only is there a true claim
for liberty, and in them only could a judge give an interim decision
_secundum libertatem_. To give such a decision in favour of Virginia,
would be a _variatio personarum_; it would be introducing as entitled to
the benefit of the law a class of persons, who were, even according to
their own statements, not entitled to _vindiciæ secundum libertatem_.
Besides, and most important of all, the law could act in the former, as
any citizen was entitled to plead the cause of one presumptively free.
But in this case no one could plead, but either the father as master on
the one hand, or the alleged master on the other: as the father was not
present, consequently no one had any legal claim to urge the law."]
[Footnote 147: _Si nec causis nec personis variet._ Sc. lex variet. Some
understand _libertas_ as the nominative to variet.]
[Footnote 148: _Because any person_. "As the law permits any strangers
to interpose in vindicating an individual's liberty, they have an
undoubted right so to do. But the question is not whether this maiden is
free: that she cannot be in any case; for she belongs either to her
father or her master. Now as her father is not present to take charge of
her, no one here but her master can have any title to her." Appius
argues that he could not pronounce in favour of her temporary liberty,
without prejudice to her father's right and power over her: as there was
no one present, who claimed a legal right to the possession of her but
M. Claudius, the judge had no alternative but to award her during the
interim to his safe keeping.--_Stocker._]
46. The multitude was now excited, and a contest seemed likely to ensue.
The lictors had taken their stand around Icilius; nor did they, however,
proceed beyond threats, when Appius said, "that it was not Virginia that
was defended by Icilius, but that, being a restless man, and even now
breathing the spirit of the tribuneship, he was seeking an occasion for
a disturbance. That he would not afford him material on that day; but in
order that he may now know that the concession has been made not to his
petulance, but to the absent Virginius, to the name of father and to
liberty, that he would not decide the cause on that day, nor interpose a
decree: that he would request of Marcus Claudius to forego somewhat of
his right, and suffer the girl to be bailed till the next day. But
unless the father attended on the following day, he gave notice to
Icilius and to men like Icilius, that neither the founder would be
wanting to his own law, nor firmness to the decemvir; nor would he
assemble the lictors of his colleagues to put down the promoters of
sedition; that he would be content with his own lictors." When the time
of this act of injustice was 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
straightforward to the gate, and that Virginius should be brought from
the camp with all possible haste. That the safety of the girl depended
on his being present next day at the proper time, as her protector from
injury. They proceed according to directions and with all speed carry
the account to her father. When the claimant of the maiden was pressing
Icilius to become defendant, and give sureties,[149] and Icilius said
that that was the very thing he was doing, designedly spinning out the
time, until the messengers sent to the camp might gain time for their
journey, the multitude raised their hands on all sides, and every one
showed himself ready to go surety for Icilius. And he with tears in his
eyes says, It is very kind of you; on to-morrow I will avail myself of
your assistance; at present I have sufficient sureties. Thus Virginia is
bailed on the security of her relations. Appius having delayed a short
time, that he might not appear to have sat on account of the present
case, when no one applied, all other concerns being given up by reason
of their solicitude about the one, betook himself home, and writes to
his colleagues to the camp, "not to grant leave of absence to Virginius,
and even to keep him in confinement." This wicked scheme was late, as it
deserved to be; for Virginius, having already obtained his leave, had
set out at the first watch, while the letter regarding his detention was
delivered on the following morning to no purpose.
[Footnote 149: _Sureties_--sponsores. The preliminary bail.]
47. But in the city, when the citizens were standing in the forum erect
with expectation, Virginius, clad in mourning, by break of day conducts
his daughter, also attired in weeds, attended by some matrons, into the
forum, with a considerable body of advocates. He then began to go round
and to solicit individuals; and not only to entreat their aid as a boon
to his prayers, but demanded it as due to him: "that he stood daily in
the field of battle in defence of their children and wives, nor was
there any other man, to whom a greater number of brave and intrepid
deeds in war can be ascribed than to him. What availed it, if, whilst
the city was still secure, their children would be exposed to suffer the
severest hardships which would have to be dreaded if it was taken?"
Delivering these observations like one haranguing in an assembly, he
solicited them individually. Similar arguments were used by Icilius: the
female attendants produced more effect by their silent tears than any
language. With a mind utterly insensible to all this, (such, a paroxysm
of madness, rather than of love, had perverted his mind,) Appius
ascended the tribunal; and when the claimant began to complain briefly,
that justice had not been administered to him on the preceding day
through a desire to please the people, before either he could go through
with his claim, or an opportunity of reply was afforded to Virginius,
Appius interrupts him. The preamble with which he prefaced the sentence,
ancient authors may have handed down perhaps with truth; because I no
where find any one that was likely (to have been used) on so scandalous
a business, it seems, that the naked fact should be stated as being a
point which is agreed on, viz. that he passed a sentence[150] consigning
her to slavery. At first all were astounded with amazement at so
heinous a proceeding; then silence prevailed for some time. Then when
Marcus Claudius proceeded to seize the maiden, the matrons standing
around her, and was received with piteous lamentation of the women,
Virginius, menacingly extending his hands towards Appius, says, To
Icilius, and not to you, Appius, have I betrothed my daughter, and for
matrimony, not prostitution, have I brought her up. Do you wish men to
gratify their lust promiscuously, like cattle and wild beasts? Whether
these persons will endure such things, I know not; I hope that those
will not who have arms in their hands. When the claimant of the girl was
repulsed by the crowd of women and advocates who were standing around
her, silence was commanded by the crier.
[Footnote 150: _He passed a sentence_, &c. In the original it is,
"decresse vindicias secundum servitutem." This decision relates to the
definitive bail. Appius the day before had made up his mind to this
decision. He had calculated, however, on the non-appearance of the
father; yet did not now choose to be foiled by his unexpected
presence.--_Stocker._]
48. The decemvir, engrossed in mind by his lustful propensities, states
that not only from the abusive language of Icilius yesterday, and the
violence of Virginius, of which he had the entire Roman people as
witnesses, but from authentic information also he ascertained, that
cabals were held in the city during the whole night to stir up a
sedition. Accordingly that he, being aware of that danger, had come down
with armed soldiers; not that he would molest any peaceable person, but
in order to punish suitably to the majesty of the government persons
disturbing the tranquillity of the state. It will, therefore, be better
to remain quiet. Go, lictor, says he, remove the crowd; and make way for
the master to lay hold of his slave. When, bursting with passion, he had
thundered out these words, the multitude themselves voluntarily
separated, and the girl stood deserted a prey to injustice. Then
Virginius, when he saw no aid any where, says, I beg you, Appius, first
pardon a father's grief, if I have said any thing too harsh against you:
in the next place, suffer me to question the nurse before the maiden,
what all this matter is? that if I have been falsely called her father,
I may depart hence with a more resigned mind. Permission being granted,
he draws the girl and the nurse aside to the sheds near the temple of
Cloacina, which now go by the name of the new sheds: and there snatching
up a knife from a butcher, "In this one way, the only one in my power,
do I secure to you your liberty." He then transfixes the girl's breast,
and looking back towards the tribunal, he says, "With this blood I
devote thee, Appius, and thy head." Appius, aroused by the cry raised at
so dreadful a deed, orders Virginius 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 take up the lifeless body and exhibit it to the people: they
deplore the villany of Appius, the fatal beauty of the maiden, and the
dire necessity of the father. The matrons who followed exclaim, "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 the natural tenderness
of their minds. The voice of the men, and more especially of Icilius,
entirely turned on the tribunitian power, on the right of appeal to the
people which had been taken from them, and on the indignities thrown
upon the state.
49. The multitude was excited partly by the atrocious nature of the
deed, partly by the hope of recovering their liberty through a
favourable opportunity. Appius now orders Icilius to be summoned before
him, now on refusing to come to be seized; at length, when an
opportunity of approaching him was not afforded to the beadles, he
himself proceeding through the crowd with a body of young patricians,
orders him to be taken into confinement. Now not only the multitude, but
Lucius Valerius and Marcus Horatius, the leaders of the multitude, stood
around Icilius: who, having repulsed the lictor, stated, that "if he
meant to proceed by law, they would protect Icilius from one who was but
a private citizen; if he desired to employ force, that they would be no
bad match for him even then." Hence arises a furious scuffle. The
decemvir's lictor attacks Valerius and Horatius: the fasces are broken
by the people. Appius ascends the tribunal; Horatius and Valerius follow
him. To them the assembly pays attention, they drown with clamour the
voice of the decemvir. Now Valerius authoritatively ordered the lictors
to depart from one who was but a private citizen: when Appius, whose
spirits were now broken, being alarmed for his life, betook himself into
a house in the vicinity of the forum, unknown to his enemies, with his
head covered up. Spurius Oppius, in order to assist his colleague,
rushes into the forum from the opposite side; he sees their authority
overpowered by force. Distracted then by various counsels between which
he wavered, by assenting to several advisers from every side, he
eventually ordered the senate to be convened. Because the proceedings of
the decemvirs seemed to be 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 gave their
opinion that neither the commons should be exasperated, and much more
that care should be taken that the arrival of Virginius should not
occasion any commotion in the army.
50. Accordingly some of the junior patricians, being sent to the camp
which was at that time on Mount Vecilius, announce to the decemvirs
"that by every means in their power they should keep the soldiers from
mutinying." Where Virginius occasioned greater commotion than he had
left behind him in the city. For besides that he was seen coming with a
body of near four hundred men, who, fired at the heinous enormity of the
occurrence, had accompanied him from the city; the unsheathed weapon and
himself besmeared with blood, attracted to him the entire camp; and the
gowns[151] seen in the different 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 he uttered not a word. At length, as soon as the crowd of those
running together became still, and silence took place, he related every
thing in order as it occurred. Then extending his hands towards heaven,
addressing his fellow soldiers, he begged of them, "not to impute to him
that which was the crime of Appius, not to abhor him as the murderer of
his children." 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 a slave, thinking it better that his
child should be lost by death than by dishonour, through compassion for
her he fell into an appearance of cruelty. Nor would he have survived
his daughter, had he not placed hope of avenging her death in the aid of
his fellow soldiers. For that 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 impunity, so much the
more unbridled would it be. That in the calamities of others a warning
was given to them to guard against a similar injury. That for his own
part, his wife had been taken from him by fate; his daughter, because
she no longer could live in chastity, died an unfortunate but honourable
death; that there was no longer in his house an opportunity for Appius's
lust; that from any other violence of his he would defend his person
with the same spirit with which he vindicated that of his daughter. That
others should take care of themselves and of their children. To
Virginius, uttering these words in a loud voice, the multitude responded
with a shout, "that they would not be backward, with respect either to
his wrongs or their own liberty. And the gown-men mixing with the crowd
of soldiers, both by narrating with sorrow those same circumstances, and
by showing how much more shocking they must have appeared when seen than
when merely heard, and also by telling them that matters were now
desperate at Rome; those also who followed (the persons that accompanied
Virginius from Rome) and alleged that Appius, having with difficulty
escaped with life, had gone into exile;[152] all these individuals so
far influenced them that there was a general cry to arms, they snatched
up their standards, and set out for Rome." The decemvirs, being alarmed
at the same time both by what they now saw, as well as by those things
which they had heard had taken place at Rome, ran about to different
parts of the camp to quell the commotion. Whilst they proceeded with
mildness no answer was returned to them. If any of them attempted to
exert authority over them, the answer given was, that "they were men and
had arms." They go in a body to the city and post themselves on the
Aventine; encouraging the commons, according as each person met them, to
reassume their liberty, and elect tribunes of the people; no other
violent expression was heard. Spurius Oppius holds a meeting of the
senate; it is resolved that no harsh proceedings should be adopted, as
occasion for the sedition had been given by themselves. Three men of
consular rank, Spurius Tarpeius, Caius Julius, Publius Sulpicius, are
sent as ambassadors, to inquire, in the name of the senate, by whose
orders they had deserted the camp? or what they intended in posting
themselves on the Aventine in arms, and in turning away their arms from
the enemy and taking their own country? They were at no loss for an
answer; they wanted some one to give the answer, there being as yet no
certain leader, and individuals not being forward enough to expose
themselves to the invidious office. The multitude only called out with
one voice, that they should send Lucius Valerius and Marcus Horatius to
them: that to them they would give their answer.
[Footnote 151: The dress of the citizens.]
[Footnote 152: Two classes of persons are here intended: 1. Those who
accompanied Virginius into the camp. 2. Others who followed them
subsequently.]
51. The ambassadors being dismissed, Virginius reminds the soldiers
"that a little time 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 concurrence than of a concerted plan. His opinion was,
that ten persons be elected, who should preside in the management of
their affairs, and, in the style of military dignity, that they should
be called tribunes of the soldiers." When that honour was offered to
himself in the first instance, he replied, "Reserve for an occasion more
favourable to you and to me those your kind opinions of me. My daughter
being unavenged, neither allows any honour to be satisfactory to me, nor
in the disturbed state of things is it useful that those should be at
your head who are most obnoxious to party malice. If there will be any
use of me, such use will be derived not in a less degree from me in a
private station." They then elect military tribunes ten in number. Nor
was the army among the Sabines inactive. There also, at the instance of
Icilius and Numitorius, a secession from the decemvirs took place, the
commotion of men's minds on recollecting the murder of Siccius being not
less than that, which the recent account of the barbarous attempt made
on the maiden to gratify lust had enkindled. When Icilius heard that
tribunes of the soldiers were elected on Mount Aventine, lest the
election-assembly in the city might 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, he
also takes care, before they proceeded to the city, that the same number
be elected by his own party with an equal power. They entered the city
through the Colline gate in military array, and proceeded in a body to
the Aventine through the middle of the city. There, joined to the other
army, they commissioned the twenty tribunes of the soldiers to select
two out of their number, who should hold the command in chief. They
choose Marcus Oppius and Sextus Manilius. The patricians, alarmed for
the general safety, though there was a meeting every day, waste 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 conditions, than that the decemvirs should lay down the badges of
that office, which had expired the year before. The decemvirs,
complaining that they were now being degraded, stated that they would
not resign their office, until those laws were passed on account of
which they had been appointed.
52. The people being informed through Marcus Duilius, who had been
tribune of the people, that by reason of their continual contentions no
business was transacted, passes from the Aventine to the Sacred mount;
Duilius affirming that serious concern for business would not 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 restored to concord without the
restoration of (the tribunitian) power. Having set out along the
Nomentan way, which was then called the Ficulnean, 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
their steps, piteously asking to whom would they leave them, in a city
in which neither chastity nor liberty were respected? When the unusual
solitude rendered every place in Rome void; when there was in the forum
no one but a few old men; when, the patricians being convened into the
senate, the forum appeared deserted; more now besides Horatius and
Valerius began to exclaim, "What will ye now wait for, conscript
fathers? If the decemvirs do not put an end to their obstinacy, will ye
suffer all things to go to wreck and ruin? What power is that,
decemvirs, which ye embrace and hold so firmly? do you mean to
administer justice to walls and mere 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 ye to do, in case the enemy should approach
the city? What, if the commons should come presently in arms, if we seem
not to be moved by their secession? do you mean to conclude your power
by the fall of the city? But (the case is this,) either we must not have
the commons, or they must have their tribunes. We would sooner 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 that they have tested the sweets of it, endure its loss:
more especially since we make not a moderate use of our power, so that
they may not stand in need of (tribunitian) aid." When these arguments
were thrown out from every quarter, the decemvirs, overpowered by the
united opinions of all, declare that, since such seems to be the
feeling, they would submit to the authority of the patricians. All they
ask is, that they may be protected from popular rage; they give a
warning, that they should not through shedding their blood habituate the
people to inflict punishment on the patricians.
53. Then Valerius and Horatius, having been sent to bring back the
people on such terms as might seem fit, and to adjust all differences,
are directed to make provision also for the decemvirs from the
resentment and violence of the multitude. They set forward and are
received into the camp with great joy by the people, as being their
liberators beyond all doubt, both at the commencement of the disturbance
and at the termination of the matter. In consideration of these things,
thanks were returned to them on their arrival. Icilius speaks in the
name of the people. When the terms came to be considered, the
ambassadors inquiring what were the demands of the people, the same
individual, having already concerted the plan before the arrival of the
ambassadors, stated demands of such a nature, that it became evident,
that more hope was placed in the justice of their case than in arms. For
they demanded back the tribunitian office and the right of appeal,
which, before the appointment of decemvirs, had been the props of the
people, and that it should not be visited with injury to any one, to
have instigated the soldiers or the commons to seek back 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 they threatened that they would burn them
alive. In answer the ambassadors say, the demands which have been the
result of deliberation are so reasonable, that they should be
voluntarily offered to you; for you seek them as safeguards to your
liberty, not as means of licentious power to assail others. Your
resentment we must rather pardon than indulge; seeing that from your
hatred of cruelty ye rush into cruelty, and almost before you are free
yourselves, you wish already to lord it over your enemies. Shall our
state never enjoy rest from punishments, either of the patricians on the
Roman commons, or of the commons on the patricians? you have occasion
for a shield rather than for a sword. He is sufficiently and abundantly
humble, who lives in a state on an equal footing, neither inflicting nor
suffering injury. Moreover, "should you feel disposed to render
yourselves formidable, when, having 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; now it is
sufficient that your liberty be restored."
54. All permitting them to act just as they think proper, the
ambassadors assure them that they would speedily return, having
completed every matter. When they went and laid before the patricians
the message of the commons, 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 a particular
object of detestation, measuring the rancour of others towards him by
his own towards them, says, "I am aware of the fate which hangs over me.
I see that the contest against us is deferred, until our arms are
delivered up to our adversaries. Blood must be offered up to popular
rage. Not even do I demur to resign my decemvirate." A decree of the
senate is then passed, "that the decemvirs should without delay 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 visited on any one." These decrees being
finished, the senate being dismissed, the decemvirs come forth into the
assembly, and resign their office, to the great joy of all. News of this
is carried to the commons. All the people remaining in the city escort
the ambassadors. This crowd was met by another joyous body from the
camp; they congratulate each other on the restoration of peace and
concord to the state. The deputies address the assembly: "Be it
advantageous, fortunate, and happy for you and the republic, return into
your country to your household gods, your wives and children; but carry
into the city the same modesty which you observed here, where, amid the
consumption of so many matters necessary for so large a number of
persons, no man's field has been injured. Go to the Aventine, whence ye
set out. In that auspicious place, where ye took the first step towards
liberty, ye shall elect tribunes of the people. The chief pontiff will
be at hand to hold the elections." Great was their assent and joy, as
evinced in their approbation of every measure. They then hastily raise
their standards, and having set out for Rome, vie in exultation with all
they met. There, the chief pontiff holding the meeting for the
elections, they elected as their tribunes of the people, first of all A.
Virginius, then Lucius Icilius, and Publius Numitorius the uncle of
Virginia, the advisers of the secession. Then Caius Sicinius, the
offspring of him who is recorded to have been elected first tribune of
the commons on the Sacred mount; and Marcus Duilius, who had passed
through a distinguished tribuneship before the creation of the
decemvirs, and was never wanting to the commons in their contests with
the decemvirs. Marcus Titinius, Marcus Pomponius, Caius Apronius,
Publius Villius, and Caius Oppius, were elected more from hope
(entertained of them) than from any services (performed). When he
entered on his tribuneship, Lucius Icilius proposed to the commons, and
the commons ordered, that the secession from the decemvirs which had
taken place should not prove detrimental to any individual. Immediately
after Duilius carried a proposition for electing consuls, with right of
appeal. All these things were transacted in an assembly of the commons
in the Flaminian meadows, which they now call the Flaminian circus.
55. Then through an interrex Lucius Valerius and Marcus Horatius were
elected consuls, who immediately entered on their office; whose
consulship was popular without any actual injury to the patricians,
though not without their displeasure; for whatever provision was made
for securing the liberty of the commons, that they considered to be a
diminution made in their own power. First of all, when it was as it were
a point in controversy, 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
collectively, should bind the entire people; by which law a most
keen-edged weapon was given to motions introduced by tribunes. Then
another law made by a consul concerning the right of appeal, a singular
security to liberty, and subverted by the decemviral power, they not
only restore, but guard it also for the time to come, by enacting a new
law, "that no one should appoint any magistrate without a right of
appeal; if any person should so elect, it would 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 tribunitian aid on the other, they
renewed for the tribunes themselves (the privilege) that they should be
held sacred and inviolable, the memory of which matter had now been
almost lost, reviving certain ceremonies which had been long disused;
and they rendered them inviolable both by the religious institution, as
well as by a law, enacting, that "whoever should offer injury to
tribunes of the people, ædiles, judges, decemvirs, his person should be
devoted to Jupiter, and his property be sold at the temple of Ceres,
Liber and Libera." Commentators deny that any person is by this law
sacrosanct; but that he who may do an injury to any of them, is deemed
to be devoted; therefore that 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, yet it is a proof that an
ædile is not considered as sacred; that the tribunes were sacred and
inviolable by an ancient oath of the commons, when first they created
that office. There have been persons 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
that a consul was called a judge. Which interpretation is refuted,
because at this time it was not yet the custom for the consul to be
styled judge, but the prætor. These were the laws proposed by the
consuls. It was also regulated by the same consuls, that decrees of the
senate should be deposited with the ædiles of the commons in the temple
of Ceres; which before that used to be suppressed and altered at the
pleasure of the consuls. Marcus Duilius then, tribune of the commons,
proposed to the people, and the people ordered, that "whoever left the
people without tribunes, and whoever caused a magistrate to be elected
without the right of appeal, should be punished with stripes and
beheaded." All these matters, though against the feelings of the
patricians, passed off without opposition from them, because no severity
was aimed at any particular individual.
56. Then both the tribunitian power and the liberty of the commons being
firmly established, the tribunes now deeming it both safe and seasonable
to attack individuals, single out Virginius as the first prosecutor and
Appius as defendant. When Virginius appointed a day for Appius, and
Appius came down to the forum, accompanied by some young patricians, the
memory of his most profligate exercise of power was instantly revived in
the minds of all, as soon as they beheld himself and his satellites.
Then Virginius says, "Long speeches have been invented 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 ye have rescued
yourselves by force of arms, nor shall I suffer him to add impudence to
his other enormous crimes in defending himself. Wherefore, Appius
Claudius, I remit to you the accumulated impious and nefarious deeds you
have had the effrontery to commit for the last two years; with respect
to one charge only, unless you will appoint a judge, (and prove) that
you have not, contrary to the laws, sentenced a free person to be a
slave, I 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 regarded
him, being seized by the bailiff, he exclaims, "I appeal." The hearing
of this one expression, that safeguard of liberty, uttered from that
mouth by which a free citizen was so recently consigned to slavery,
occasioned general silence. And, whilst they observe to each other,
that "at length there are gods, and that they do not disregard human
affairs; and that punishments await tyranny and cruelty, which, though
late, are still by no means light; that he now appealed, who had
abolished all right of appeal; and that he implored the protection of
the people, who had trampled down all the rights of the people; and that
he was dragged off to prison, destitute of the rights of liberty, who
had doomed a free person to slavery." Amid the murmurs of the assembly,
the voice of Appius was heard imploring the protection of the Roman
people. He enumerated the services of his ancestors to the state, at
home and abroad; his own unfortunate zeal towards the Roman commons;
that he had resigned the consulship, to the great displeasure of the
patricians, for the purpose of equalizing the laws; (he then mentioned)
his laws; which, though they still remained in force, the framer of them
was dragged to a prison. But the peculiar advantages and disadvantages
of his case he would then make trial of, when an opportunity would 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. That he did not dread popular rage so much as not to place any
hope in the equity 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 acknowledge themselves bound in the same
confederacy for abolishing the right of appeal, which they charged the
decemvirs with having formed, then he appealed to the people: he
implored the benefit of the laws passed that very year, both by the
consuls and tribunes, regarding the right of appeal. For who would
appeal, if this were not allowed a person as yet uncondemned, whose case
has not been heard? what plebeian and humble individual would find
protection in the laws, if Appius Claudius could not? that he would
afford 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 empty words, or
effectually granted.
57. Virginius, on the other hand, affirmed that Appius Claudius was the
only person not entitled to a participation in the laws, nor in civil or
human society. That men should look to the tribunal, the fortress of all
villanies; where that perpetual decemvir, venting his fury on the
properties, backs, and blood of the citizens, threatening all with his
rods and axes, a despiser of gods and men, attended with executioners,
not lictors, changing his mind from rapine and murder to lust, before
the eyes of the Roman people, tore a free-born maiden, as if a prisoner
of war, from the embraces of her father, and gave her as a present to a
dependant, the pander to his secret pleasures. Where by a cruel decree,
and by a most villainous decision, he armed the right hand of the father
against the daughter: where he ordered the spouse and uncle, on their
raising the lifeless body of the girl, to be taken off to a prison;
moved more at the interruption to his sensual gratification than at her
untimely death. That the prison was built for him also, which he used to
call the domicile of the Roman commons. Wherefore, though he may appeal
again and oftener, he would as frequently refer him to a judge, on the
charge of having sentenced a free person to slavery; if he would not go
before a judge, that he ordered him to be taken to prison as one
condemned. He was thrown into prison, and though without the
disapprobation of any individual, yet not without considerable emotions
of the public mind, when, in consequence of the punishment of so
distinguished a man, their own liberty began to appear to the commons
themselves as excessive. The tribune deferred the day of trial. Whilst
these matters are going on, ambassadors from the Hernicians and Latins
came to Rome to present their congratulations on the harmony subsisting
between the patricians and commons; and as an offering on that account
to Jupiter, the best and greatest, they brought into the Capitol a
golden crown, of small weight, as riches at that time did not abound,
and the duties of religion were performed rather with piety than
magnificence. From the same source it was ascertained that the Æquans
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 and Volscians to that of
Valerius. On their proclaiming a levy for these wars, through the good
wishes of the commons, not only the younger men, but of those who had
served out their time, a considerable portion as volunteers, attended to
give in their names: and hence the army was stronger not only by the
number, but also by the kind of soldiers, veterans being mixed with
them. Before they marched out of the city, they engraved on brass, and
fixed up in public view, the decemviral laws, which have received the
name of "the twelve tables." There are some who state that the ædiles
discharged that office by order of the tribunes.
58. Caius Claudius, who, detesting the crimes of the decemvirs and,
above all, incensed at the arrogant conduct of his brother's son, had
retired to Regillum, the country of his forefathers, having returned,
though now advanced in years, to deprecate the dangers impending over
that man, whose vices he had shunned, now clad in a mourning garment,
with the members of his family and his clients, went about the forum,
and solicited the interest of the citizens individually, "That they
would not cast such a stain on the Claudian family, as to consider them
deserving of imprisonment and chains; that a man whose image would be
most highly honoured with posterity, the framer of their laws and the
founder of Roman jurisprudence, lay in chains amongst nightly thieves
and robbers. (He begged) that they would turn away their minds from
resentment for a while to examination and reflection; and rather pardon
one at the intercession of so many members of the Claudian family, than
through a hatred of one spurn the entreaties of many; that he himself
also paid this tribute to the family and the name; nor had he been
reconciled to him, whose unfortunate situation he wished to relieve;
that by fortitude liberty had been recovered; by clemency the harmony of
the several orders might be established." Some there were whom he
influenced more by his warm attachment to his family than for the sake
of him for whom he interceded. But Virginius begged that "they would
rather pity him and his daughter; and that they would listen to the
entreaties, not of the Claudian family, which had assumed a sort of
sovereignty over the commons, but those of the near friends of Virginia
and of the three tribunes; who having been created for the aid of the
commons, were now themselves imploring the protection and aid of the
commons." These tears appeared more just. Accordingly, all hope being
cut off, Appius put a period to his life, before the day arrived
appointed for his trial. Soon after, Spurius Oppius, the next object of
public indignation, as having been in the city when the unjust decision
was given by his colleague, was arraigned by Publius Numitorius.
However, an act of injustice committed by Oppius brought more odium on
him, than the not preventing one (in the case of Appius). A witness was
brought forward, who, after reckoning up twenty campaigns, after having
been particularly honoured eight different times, and wearing these
honours in the sight of the Roman people, tore open his garment and
exhibited his back torn with stripes, asking no other conditions but
"that, if the accused could name any one guilty act of his, he might,
though a private individual, once more repeat his severity on him."
Oppius was also thrown into prison, where he put a period to his life
before the day of trial. The tribunes confiscated the property of Appius
and Oppius. Their colleagues left their homes to go into exile; their
property was confiscated. Marcus Claudius, the claimant of Virginia,
being condemned on the day of his trial, was discharged and went away
into exile to Tibur, Virginius himself remitting the penalty as far as
it affected his life; and the shade of Virginia, more fortunate after
death than when living, after having roamed through so many families in
quest of vengeance, at length rested in peace, no guilty person being
left unpunished.
59. Great alarm seized the patricians, and the countenances of the
tribunes were now the same as those of the decemvirs had been, when
Marcus Duilius, tribune of the people, having put a salutary check to
their immoderate power, says, "There has been both enough of liberty on
our own part, and of vengeance on our enemies; wherefore for this year I
will neither suffer a day of trial to be appointed for any one, nor any
person to be thrown into prison. For it is neither pleasing to me that
old crimes now forgotten should be again brought forward, seeing that
the recent ones have been atoned for by the punishment of the decemvirs;
and the unremitting care of both the consuls in defending your
liberties, is ample security that nothing will be committed which will
call for tribunitian interference." This moderation of the tribune first
relieved the patricians from their fears, and at the same time increased
their ill-will towards the consuls; for they had been so devoted to the
commons, that even a plebeian magistrate took an earlier interest in
the safety and liberty of the patricians, than one of patrician rank;
and their enemies would have been surfeited with inflicting punishments
on them, before the consuls, to all appearance, would have resisted
their licentious career. And there were many who said that a want of
firmness was shown, inasmuch as the fathers had given their approbation
to the laws proposed; nor was there a doubt, but that in this troubled
state of public affairs they had yielded to the times.
60. The business in the city being settled, and the rights of the
commons being firmly established, the consuls departed to their
respective provinces. Valerius prudently deferred all warlike operations
against the armies of the Æquans and the Volscians, which had now formed
a junction at Algidum. But if he had immediately committed the result to
fortune, I know not but that, such were the feelings both of the Romans
and of their enemies since the unfavourable auspices of the decemvirs,
the contest would have stood them in a 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 them any answer when
they challenged them to battle. At length, wearied from standing and
from waiting in vain for a contest, the Æquans and Volscians,
considering that the victory was in a manner conceded to them, go off,
some to the Hernicians, some to the Latins, 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
retorted the terror previously occasioned to his men, and drawing up his
troops in order of battle, he now in his turn provokes the enemy to
fight. When they, from a feeling of the absence of their forces,
declined battle, the courage of the Romans immediately increased, and
they considered as vanquished those who stood panic-stricken within
their rampart. After having stood for the entire day prepared 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 in trepidation, despatch messengers in every direction to call
back the plundering parties. Those in the nearest places return thence;
those who were farther off were not found. When the day dawned, the
Romans leave the camp, determining on assaulting the rampart unless an
opportunity of fighting were afforded; and when the day was now far
advanced, and no movement was made by the enemy, the consul orders them
to advance; and the troops being put in motion, the Æquans and the
Volscians became indignant, that victorious armies were 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 observing order, marching down each to his own
post, when the Roman consul, before the enemy's line could be drawn up,
supported by their entire strength, advanced on them; and having
attacked them before they were all as yet led forth, and when those who
were so had not their ranks sufficiently arranged, he falls on the
unsteady crowd of them, running in trepidation from one place to
another, and throwing around their eyes on themselves and on their
friends, a shout and violent onset adding to the already confused state
of their minds. The enemy at first gave way; then, when they had rallied
their spirits, and their generals on every side reprovingly asked them,
whether they were about to yield to their vanquished foes, the battle
was restored.
61. 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 to conquer,
and not that they should be the prize of the decemvirs, after
conquering. That it was not under the command of Appius that the action
was being conducted, but under their consul Valerius, descended from the
liberators of the Roman people, himself too a liberator. That they
should 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 had more courage against their own countrymen than
against their enemies, and to have dreaded slavery more at home than
abroad. That Virginia was the only person whose chastity was in danger
in time of peace: that Appius was the only citizen of dangerous lust.
But if the fortune of war should turn against them, all their children
would be in danger from so many thousands of enemies. That he would
not, on account of the omen, mention things which may neither Jupiter
nor their father Mars suffer to befall a city built under such
auspices." He reminded them of the Aventine and the Sacred mount; and
"that they should bring back dominion unimpaired to that spot, where
their liberty had been established but a few months before: and that
they should show that the Roman soldiers retained the same abilities
after the expulsion of the decemvirs, which they had possessed before
they were appointed; and that the valour of the Roman people was not
deteriorated after the laws were equalized." After he uttered these
words among the battalions of the infantry, he flies from them to the
cavalry. "Come, young men, surpass in valour the infantry, as you
already surpass them 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 spur
on their horses, and drive in amongst the enemy who were already thrown
into confusion by the attack of the infantry; and having broken through
the ranks, and pushed on to the rear of their line, a part wheeling
round in the open space, turn most of them away from the camp to which
they were now flying from all sides, and by riding on before they deter
them from that direction. The line of infantry, and the consul himself,
and the main body of the army make for the camp, and having taken it
with considerable slaughter, they get possession of a great quantity of
booty. The fame of this battle was carried not only to the city, but to
the other army also among the Sabines. In the city it was celebrated
only with public rejoicing; in the camp it fired the courage of the
soldiers to emulate such glory. Horatius, by training them in
excursions, and making trial of them in slight skirmishes, had
accustomed them to trust in themselves rather than to remember the
ignominy incurred under the command of the decemvirs, and these little
encounters had now gone so far as to insure to them the consummation of
all their hopes. The Sabines, elated at their success on the preceding
year, ceased not to provoke and urge them (to fight,) constantly asking
them why they wasted time, sallying forth in small numbers and returning
like marauders, and why they parcelled out the grand effort of a single
war on a number of insignificant skirmishes? why did they not engage
them in the field, and consign the result to fortune to be determined at
once?
62. Besides that they had already of themselves recovered a sufficient
degree of courage, the Romans were fired with exasperation "that the
other army would soon return victorious to the city; that the enemy were
now wantonly insulting them by contumelies; when would they be a match
for the enemy, if they were not so then?" When the consul ascertained
that the soldiers gave expression to these sentiments in the camp,
having summoned an assembly: "How matters have gone on in Algidum," says
he, "I suppose that you, soldiers, have already heard. As became the
army of a free people to behave, so have they behaved: through the
judicious conduct of my colleague and the valour of the soldiers, the
victory has been gained. For my part, the plan and determination which I
am to maintain, you yourselves shall suggest. The war may be both
prolonged with advantage, and be brought to a speedy conclusion. If it
is to be prolonged, I shall take care by the same discipline with which
I have commenced, 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 on, raise here that shout such as you will raise
in the field of battle, the index at once of your inclination and your
valour." When the shout was raised with great alacrity, he assures them
"that with the good favour of heaven, he would comply with their wishes
and lead them next day to the field." The remainder of the day is spent
in preparing their arms. On the following day, as soon as the Sabines
saw the Roman army being drawn up in order of battle, they too, as being
long since eager for the encounter, come forward. The battle was such a
one as may be expected between two armies confident in themselves, the
one animated by the glory of former and uninterrupted glory, the other
lately so by an unusual instance of success. The Sabines aided their
strength by stratagem also; for having formed a line equal (to that of
the enemy,) 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 overpowering that wing, now almost surrounded,
about six hundred of the cavalry of two legions leap down from their
horses, and rush forward in front of their men, now giving way; and they
at the same time both oppose the progress of the enemy, and incite the
courage of the infantry, first 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 character and in that of
others; and that the infantry should not be equal to the cavalry even
when dismounted.
63. They press forward therefore to the fight, which had been suspended
on their part, and endeavour to regain the ground which they had lost,
and in a moment not only is the battle restored, but one of the wings of
the Sabines gives way. The cavalry, covered between the ranks of the
foot, return to their horses; they then gallop across to the other
division to announce their success to their party; at the same time also
they make a charge on the enemy, now disheartened by the discomfiture of
their stronger wing. The valour of none shone 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 energy of brave men; and a sense of shame
stimulated them as much as praises excited the others. The shout being
raised anew, and making a united effort, they drive the enemy back; nor
could the Roman power be any longer resisted. The Sabines, driven in
every direction through the country, leave behind them their camp as
plunder for the enemy. There the Roman recovers the effects not of the
allies, as at Algidum, but his own property, which had been lost by the
devastations of their lands. For this double victory, obtained in two
battles, in two different places, the senate through jealousy decreed
merely supplications 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
supplication was even more zealously attended. The consuls by concert
came to the city within the same two days, and called out the senate to
the Campus Martius. Where, when they were relating the services
performed by themselves, the chiefs of the patricians complained that
the senate was convened among the soldiers designedly for the purpose of
intimidation. The consuls therefore, lest there might be any foundation
for such a charge, called away the senate to the Flaminian meadows,
where the temple of Apollo now is (even then they called it
Apollinaris). Where, when a triumph was refused by a large majority of
the patricians, Lucius Icilius, tribune of the commons, proposed to the
people regarding the triumph of the consuls, many persons coming forward
to argue against the measure, but in particular Caius Claudius,
exclaiming, "That it was over the senate, not over the enemy, 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 was the matter of a triumph managed through the people; but
that the consideration concerning the honour and the disposal of it,
always lay with the senate; that not even the kings had infringed on the
majesty of this highest order. That the tribunes should not thus occupy
every department with their own authority, so 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 rank would retain its own rights,
its own dignity." Though much had been said by the other senior
patricians also to the same purpose, all the tribes approved that
proposition. Then for the first time a triumph was celebrated by order
of the people, without the authority of the senate.
64. This victory of the tribunes and people was well nigh terminating in
an extravagance of a by no means salutary tendency, a conspiracy being
formed among the tribunes to have the same tribunes re-elected, and in
order that their ambition might be the less conspicuous, to continue
their office to the consuls. They pleaded, as a cause, the combination
of the patricians by which the privileges of the commons were attempted
to be undermined by the affronts thrown upon the consuls. What would be
the consequence, before the laws are yet firmly established, if consuls
should through their factions attack the new tribunes. For that Horatii
and Valerii would not always be consuls, who would postpone their own
interest to the liberty of the people. By some concurrence of
circumstances, useful at the time, it fell by lot to Marcus Duilius
above any one else 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 stated that he would take
no notice of the former tribunes, and his colleagues strenuously
insisted that he should allow the tribes to be at liberty to vote, or
should give up the office of presiding at the elections to his
colleagues, who would hold the election according to law rather than
according to the pleasure of the patricians; a contention being now
excited, when Duilius 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, having
found popular supporters of a measure by no means popular, he proceeded
with them into the assembly. Where, when the consuls, being brought
forward before the people, and asked, whether if the Roman people,
mindful of their liberty recovered at home through them, mindful also of
their military services, should again elect them consuls, what they
would do, made no change in their sentiments; 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 being
elected, when, through the zealous exertions of the nine tribunes who
openly pushed their canvass, the other candidates could not make up the
required number of tribes, he dismissed the assembly; nor did he hold
one after for the purpose of an election. He said that he had fulfilled
the law, which without any where specifying the number of tribunes, only
enacted that tribunes should be left; and recommended that colleagues be
chosen by those who had been elected. And he recited the terms of the
law, in which (it is said,) "If I shall propose ten tribunes of the
commons, if you elect this day less than ten tribunes of the people,
then that those whom they may have chosen as colleagues for themselves
be legitimate tribunes of the people, by the same law as those whom you
have this day elected tribunes of the people." When Duilius persevered
to the last, stating that the republic could not have fifteen tribunes
of the people, after baffling the ambition of his colleagues, he
resigned his office, being equally approved by the patricians and
people.
65. The new tribunes of the people in electing their colleagues evinced
a disposition to gratify the wishes of the patricians; they even elected
two who were patricians, and even consulars, Spurius Tarpeius and Aulus
Aterius. The consuls then elected, Largius Herminius, Titus Virginius
Cælimontanus not very much inclined to the cause either of the
patricians or commons, had perfect tranquillity both at home and abroad.
Lucius Trebonius, tribune of the commons, incensed against the
patricians, because, as he said, he was imposed on by them in the affair
of choosing colleagues, and betrayed by his colleagues, carried a
proposal, "that whoever took the votes of the commons in electing
tribunes of the people, he should go on taking the votes, until he
elected ten tribunes of the people;" and he spent his tribuneship in
worrying the patricians, whence the cognomen of Asper was given him.
Next Marcus Geganius Macerinus, and Caius Julius, being elected consuls,
quieted some combinations of the tribunes against the youth of the
nobility, without any harsh proceeding against that power, and still
preserving the dignity of the patricians; by proclaiming a levy for the
war against the Volscians and Æquans, they kept the people from riots by
keeping matters in abeyance; affirming, that every thing was quiet
abroad, there being harmony in the city, and that through civil discord
the enemies assumed new courage. Their anxiety for peace was also the
cause of concord at home. But each of the orders ever took advantage of
moderation in the other. Acts of injustice began to be committed by the
younger patricians on the commons when perfectly quiet. When the
tribunes would assist the weaker party, at first it was of little use;
then not even themselves escaped being ill-treated; particularly in the
latter months, when injustice was committed through the combinations
among the more powerful, and the vigour of every magistracy becomes
considerably more lax in the latter part of the year; and now the
commons placed hopes in the tribuneship, only on the condition that they
had tribunes like Icilius; that for the last two years they had had only
mere names. On the other hand, the elder members of the patrician order,
though they considered their young men to be too overbearing, yet would
rather, if bounds were to be exceeded, that a redundancy of spirit
should exist in their own order than in their adversaries. So difficult
a thing is moderation in maintaining liberty, whilst by pretending to
desire equalization, every person raises himself in such a manner as to
depress another; and men, by their very precautions against fear, cause
themselves to become objects of dread; and we saddle on others injustice
thrown off from ourselves, as if it were actually necessary either to
commit injustice or to submit to it.
66. Titus Quintius Capitolinus, for the fourth time, and Agrippa Furius
being then elected consuls, found neither disturbance at home nor war
abroad; both, however, were impending. The discord of the citizens could
now no longer be checked, both tribunes and commons being exasperated
against the patricians, when a day of trial being appointed for any of
the nobility always embroiled the assemblies with new contests. On the
first noise of which the Æquans and Volscians, as if they had received a
signal, took up arms; at the same time because their leaders, desirous
of plunder, had persuaded them that the levy proclaimed two years
previously could not be proceeded with, the commons now refusing
obedience; that on that account no armies were sent against them; that
military discipline was subverted by licentiousness; and that Rome was
no longer considered as their common country; that whatever resentment
and animosity they may have entertained against foreigners, was now
turned against each other; that now an occasion offered for destroying
those wolves blinded by intestine rage. Having united their forces, they
first laid waste the Latin territory: when no resistance was found
there, then indeed, to the great exultation of the advisers of the war,
they approached the very walls of Rome, carrying their depredations into
the district around the Esquiline gate, pointing out to the city the
devastation of the land by way of insult. Whence when they marched back
to Corbio unmolested, and driving the prey before them, Quintius the
consul summoned the people to an assembly.
67. There I find that he spoke to this purport: "Though I am conscious
to myself of no fault, Romans, yet with the greatest shame I have come
forward to your assembly. That you should know this; that this should be
handed down on record to posterity, that the Æquans and Volscians, a
short time since scarcely a match for the Hernicians, have with impunity
come with arms in their hands to the walls of Rome, in the fourth
consulate of Titus Quintius. Had I known that this ignominy was reserved
for this particular year, (though we are now long living in such a
manner, such is the state of affairs, that my mind could augur nothing
good,) I would have avoided this honour either by exile or by death, if
there were no other means of escaping it. Then if men of courage had
those arms, which were at our gates, could Rome be taken in my
consulate? I have had sufficient honours, enough and more than enough of
life: I should have died in my third consulate. Whom did these most
dastardly enemies despise? us, consuls, or you, citizens? If the fault
is in us, take away the command from us as unworthy persons; and if that
is insufficient, further inflict punishment on us. If in you, may there
be none of gods or men who will punish your offences; do you only repent
of them. It is not your cowardice they have despised, nor their own
valour they have confided in; for having been so often routed and put to
flight, stripped of their camp, amerced in their land, sent under the
yoke, they know both themselves and you. The discord among the several
orders is the bane of this city; the contests of the patricians and
commons have raised their spirits; whilst we have neither bounds in the
pursuit of power, nor you in that of liberty, whilst you are tired of
patrician, these of plebeian magistrates. In the name of heaven, what
would ye have? You coveted tribunes of the commons; we conceded them for
the sake of concord. Ye longed for decemvirs; we suffered them to be
created. Ye became weary of decemvirs; we compelled them to resign the
office. Your resentment against these same persons when they became
private citizens still continuing, we suffered men of the highest
families and rank to die or go into exile. Ye wished again to create
tribunes of the commons; ye created them. Though we saw that it was
unjust to the patricians to create consuls in your own interest, we have
even seen a patrician magistracy conceded as an offering to the people.
The aid of tribunes, right of appeal to the people, the acts of the
commons made binding on the patricians under the pretext of equalizing
the laws, the subversion of our privileges, we have borne and still
bear. What termination is there to be to our dissensions? when shall it
be allowed us to have a united city? when to have one common country?
When defeated we submit with more resignation than you when victorious.
Is it enough for you, that you are objects of terror to us? The Aventine
is taken against us; against us the Sacred mount is seized. When the
Esquiliæ is almost taken by the enemy, and when the Volscian foe is
scaling your rampart, there is no one to dislodge him: against us ye
are men, against us ye take up arms.
68. "Come, when ye have blockaded the senate-house here, and have made
the forum the seat of war, and filled the prison with the leading men of
the state, march forth through the Esquiline gate, with that same
determined spirit; or if ye do not even venture thus far, behold from
your walls the lands laid waste with fire and sword, booty driven off,
the houses set on fire in every direction and smoking. But (I may be
told) it is the public weal that is in a worse condition through these
results: the land is burned, the city is besieged, all the glory of the
war is centred in the enemy. What in the name of heaven? in what state
is your own private interest? just now his own private losses were
announced to each of you from the lands. What, pray, is there at home,
whence you may recruit them? Will the tribunes restore and compensate
you for what ye have lost? Of sound and words they will heap on you as
much as ye please, and of charges against the leading men, and laws one
upon another, and of public meetings. But from these meetings never has
one of you returned home more increased in substance or in fortune. Has
any one ever brought back to his wife and children aught save hatred,
quarrels, grudges public and private? from which (and their effects) you
have been ever protected, not by your own valour and integrity, but by
the aid of others. But, when you served under the guidance of us
consuls, not under your tribunes, and the enemy trembled at your shout
in the field of battle, not the Roman patricians in the assembly, booty
being obtained, land taken from the enemy, with a plentiful stock of
wealth and glory, both public and private, you used to return home to
your household gods in triumph: now you allow the enemy to go off laden
with your property. Continue immovably tied to your assemblies, live in
the forum; the necessity of taking the field, which ye avoid, still
follows you. Was it too hard on you to march against the Æquans and the
Volscians? The war is at your gates: if it is not repelled from thence,
it will soon be within your walls, and will scale the citadel and
Capitol, and follow you into your very houses. Two years ago the senate
ordered a levy to be held, and the army to march to Algidum; yet we sit
down listless at home, quarrelling with each other like women;
delighting in present peace, and not seeing that after that short-lived
intermission complicated wars are sure to return. That there are other
topics more pleasing than these, I well know; but even though my own
mind did not prompt me to it, necessity obliges me to speak that which
is true instead of that which is pleasing. I would indeed be anxious to
please you, Romans; but I am much more anxious that ye should be
preserved, whatever sentiments ye shall entertain towards me. It has
been so ordained by nature, that he who addresses a multitude for his
own private interest, is more pleasing than the man whose mind has
nothing in view but the public interest. Unless perhaps you suppose that
those public sycophants, those flatterers of the commons, who neither
suffer you to take up arms nor to live in peace, incite and work you up
for your own interests. When excited, you are to them sources either of
honour or of profit: and because, during concord between the several
orders, they see that themselves are of no importance on any side, they
wish to be leaders of a bad cause rather than of no cause whatever, of
tumults, and of sedition. Of which state of things, if a tedium can at
length enter your minds, and if ye are willing to resume the modes of
acting practised by your forefathers, and formerly by yourselves, I
submit to any punishment, if I do not rout and put to flight, and strip
of their camp, those ravagers of our lands, and transfer from our gates
and walls to their cities this terror of war, by which you are now
thrown into consternation."
69. Scarcely ever was the speech of a popular tribune more acceptable to
the commons, than was this of a most strict consul on that occasion. The
young men also, who during such alarming emergencies had been accustomed
to employ the refusal to enlist as the sharpest weapon against the
patricians, began to direct their thoughts to war and arms: and the
flight of the rustics, and those who had been robbed on the lands and
wounded, announcing matters more revolting even than what was exhibited
to view, filled the whole city with a spirit of vengeance. When the
senate assembled, these all turning to Quintius, looked on him as the
only champion of Roman majesty; and the leading senators declared "his
harangue to be worthy of the consular authority, worthy of so many
consulships formerly borne by him, worthy of his whole life, which was
full of honours frequently enjoyed, more frequently deserved. That
other consuls had either flattered the commons by betraying the dignity
of the patricians, or by harshly maintaining the rights of their order,
had rendered the multitude more difficult to subdue: that Titus Quintius
had delivered a speech mindful of the dignity of the patricians, of the
concord of the different orders, and above all, of the times. They
entreated him and his colleague to take up the interest of the
commonwealth; they entreated the tribunes, that by acting in concert
with the consuls they would join in repelling the war from the city and
the walls, and that they would induce the commons to be obedient to the
senate in so perilous a conjuncture: that, their lands being devastated,
and their city in a manner besieged, their common country appealed to
them as tribunes, and implored their aid." By universal consent the levy
is decreed and held. When the consuls gave public notice "that there was
no time for examining into excuses, that all the young men should attend
on the following morning at the first dawn in the Campus Martius; that
when the war was over, they should afford time for inquiring into the
excuses of those who had not given in their names; that the man should
be held as a deserter, with whose excuse they might not be satisfied;"
the entire youth attended on the following day. The cohorts chose each
their centurions: two senators were placed at the head of each cohort.
We have heard that all these measures were perfected with such
expedition, that the standards, having been brought forth from the
treasury on that very day by the quæstors and conveyed to the Campus,
began to move from thence at the fourth hour; and the newly raised army
halted at the tenth stone, followed by a few cohorts of veteran soldiers
as volunteers. The following day brought the enemy within view, and camp
was joined to camp near Corbio. On the third day, when resentment urged
on the Romans, a consciousness of guilt for having so often rebelled,
and despair (of pardon) urged them on the other side, there was no delay
made in coming to an engagement.
70. In the Roman army, though the two consuls were invested with equal
authority, the supreme command was by the concession of Agrippa resigned
to his colleague, a thing which is most salutary in the management of
matters of great importance; and he who was preferred politely
responded to the ready condescension of him who lowered himself, by
communicating to him all his measures and sharing with him his honours,
and by equalizing himself to him no longer his equal. On the field of
battle Quintius commanded the right, Agrippa the left wing; the command
of the central line is intrusted to Spurius Postumius Albus, as
lieutenant-general. Servius Sulpicius, the other lieutenant-general,
they place over the cavalry. The infantry on the right wing fought with
distinguished valour, with stout resistance from the Volscians. Servius
Sulpicius broke with his cavalry through the centre of the enemy's line;
whence though he might have returned in the same way to his own party,
before the enemy could have restored their broken ranks, it seemed more
advisable to attack the enemy's rear, and by attacking the rear he would
in a moment have dispersed the enemy by the twofold attack, had not the
cavalry of the Volscians and Æquans intercepted him and kept him engaged
by a mode of fighting similar to his own. Then indeed Sulpicius asserted
that "there was no time for delaying," crying out that "they were
surrounded and cut off from their own friends, unless they united all
their efforts and despatched the engagement with the cavalry. Nor was it
enough to rout the enemy without disabling them; that they should slay
horses and men, lest any might return to the fight or renew the battle;
that they could not resist them, before whom a compact body of infantry
had given way." His orders were addressed to by no means deaf ears; by
one charge they routed the entire cavalry, dismounted great numbers, and
killed with their javelins both the men and the horses. This put a
termination to the battle with the cavalry. Then attacking the enemy's
line, they send an account to the consuls of what they had done, where
the enemy's line was now giving way. The news both gave new spirits to
the Romans who were now conquering, and dismayed the Æquans as they were
beginning to give way. They first began to be beaten in the centre,
where the charge of the cavalry had broken their ranks. Then the left
wing began to lose ground before the consul Quintius; there was most
difficulty on the right. Then Agrippa, buoyed up by youth and vigour, on
seeing matters going more favourably in every part of the battle than in
his own quarter, took some of the standards from the standard-bearers
and carried them on himself, some even he began to throw into the thick
of the enemy. The soldiers, urged on by the fear of this disgrace,
attacked the enemy; thus the victory was equalized in every quarter.
News then came from Quintius that he, being now victorious, was about to
attack the enemy's camp; that he was unwilling to break into it before
he learned that they were beaten in the left wing also. If he had routed
the enemy, that he should now join him, that all the army together might
take possession of the booty. Agrippa being victorious came with mutual
congratulations to his victorious colleague and to the enemy's camp.
There being but few to defend it, and these being routed in a moment,
they break into the fortifications without a struggle; and they march
back the army after it obtained a large share of spoil, having recovered
also their own effects, which had been lost by the devastation of the
lands. I have not ascertained that either they themselves demanded a
triumph, nor that such was conferred on them by the senate; nor is any
cause assigned for the honour being either overlooked or not hoped for.
As far as I can conjecture at so great a distance of time, when a
triumph had been refused to the consuls Horatius and Valerius, who, in
addition to the Æquans and Volscians, had gained the glory of finishing
the Sabine war, the consuls were ashamed to demand a triumph for one
half of the services done by them; lest if they even should obtain it,
regard of persons rather than of merit might appear to have been
entertained.
71. A disgraceful decision of the people regarding the boundaries of
their allies disgraced the honourable victory obtained over their
enemies. The states of Aricia and of Ardea, having frequently contended
in arms concerning a disputed piece of land, and being wearied out by
many mutual losses, appointed the Roman people as arbitrators. When they
came to support their claims, an assembly of the people being granted
them by the magistrates, a debate ensued conducted with great warmth.
And the witnesses being now produced, when the tribes were to be called,
and the people were to give their votes, Publius Scaptius, a plebeian
advanced in years, rises up and says; "Consuls, if it is permitted me to
speak on the public interest, I will not suffer the people to be led
into a mistake in this matter." When the consuls said that he, as
unworthy of attention, was not to be heard and, on his exclaiming "that
the public interest was being betrayed," ordered him to be put aside, he
appeals to the tribunes. The tribunes, as they are always directed by
the multitude, rather than they direct them, indulged the people, who
were anxious to hear him, in granting Scaptius leave to say what he
pleased. He then commences: "That he was in his eighty-third year, and
that he had served in that district which was now in dispute, not even
then a young man as he was serving his twentieth campaign, when
operations were going on at Corioli. He therefore adduced a fact
forgotten by length of time, but one deeply fixed in his own memory: the
district now in dispute had belonged to the territory of Corioli, and
after the taking of Corioli, it became by right of war the public
property of the Roman people. That he was surprised how the states of
Ardea and Aricia should hope to intercept from the Roman people, whom
from being the right owners they made arbitrators, a district the right
to which they never claimed whilst the state of Corioli subsisted. That
he for his part had but a short time to live; he could not however bring
himself, old as he now was, to decline claiming by his voice, the only
means he now had, a district which, as a soldier, he had contributed to
acquire, as far as an individual could. That he strenuously advised the
people not to damn their own interest by an improper feeling of
delicacy."
72. The consuls, when they perceived that Scaptius was listened to not
only in silence, but even with approbation, appealing to gods and men,
that an enormous and disgraceful act was being committed, send for the
principal senators: with these they went around to the tribunes;
entreated, "that, as judges, they would not be guilty of a most heinous
crime, with a still worse precedent, by converting the dispute to their
own interest, more especially when, even though it may be lawful for a
judge to protect his own emolument, so much would by no means be
acquired by keeping the land, as would be lost by alienating the
affections of their allies by injustice; for that the losses of
character and of reputation were greater than could be estimated. Were
the ambassadors to carry home this answer; was this to go out to the
world; were their allies to hear this; were their enemies to hear
it--with what sorrow the one--with what joy the other party? Could they
suppose, that the neighbouring states would impute this proceeding to
Scaptius, an old babbler at assemblies? that Scaptius would be rendered
distinguished by this statue: that the Roman people would assume the
character of a usurper and intercepter of the claims of others. For what
judge in a private cause ever acted in this way, so as to adjudge to
himself the property in dispute? That even Scaptius himself would not
act so, though he has now outlived all sense of shame." Thus the
consuls, thus the senators exclaimed; but covetousness, and Scaptius,
the adviser of that covetousness, had more influence. The tribes, when
convened, decided that the district was the public property of the Roman
people. Nor is it denied that it might have been so, if they had gone to
other judges; now the disgrace of the decision is certainly not at all
diminished by the fairness of the title: nor did it appear more
disgraceful or more hideous to the people of Aricia and of Ardea, than
it did to the Roman senate. The remainder of the year continued free
from either city or foreign commotions.