37. The plebeians then began to watch narrowly the countenances of the

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.

The History of Rome, Books 01 to 08 · 第 6 / 16 章