It was agreed between the nobles and the Commons that, to make an end
of disputing about the laws, ambassadors should be sent into Greece, and
especially to Athens (which city and its lawgiver, Solon, were held in
high repute in those days), to learn what manner of laws and customs
they had, and to bring back a report of them. And when the ambassadors
had brought back their report, it seemed good to the people that in the
following year there should be appointed neither consuls nor any other
magistrate, but decemvirs only; that is to say, ten men, who should set
in order the laws of Rome. Thus it came to pass in the ninety and first
year from the driving out of the kings, that decemvirs were appointed in
the stead of consuls, Appius Claudius being the chief of the ten.
For a while these pleased the people well, doing justice equally
between man and man. And the custom was that each day one of the ten sat
as judge with the twelve lictors about him, the nine others sitting with
one minister only. Also they busied themselves with the ordering of the
laws; and at last set forth ten tables on which these were written. At
the same time they called the people together to an assembly, and spake
to them thus: "The Gods grant that this undertaking may turn to the
credit of the State, and of you, and of your children. Go, therefore,
and read these laws which we have set forth; for though we have done
what ten men could do to provide laws that should be just to all,
whether they be high or low, yet the understandings of many men may yet
change many things for the better. Consider therefore all these matters
in your own minds, and debate them among yourselves. For we will that
the Roman people should be bound by such laws only as they shall have
agreed together to establish."
The ten tables were therefore set forth, and when these had been
sufficiently considered, and such corrections made therein as seemed
good, a regular assembly of the people was called, and the laws were
duly established. But now there was spread abroad a report that two
tables were yet wanting, and that when these should have been added the
whole would be complete; and thence there arose a desire that the Ten
should be appointed to hold office a second year. This indeed was done;
but Appius Claudius so ordered matters that there were elected together
with him none of the chief men of the State, but only such as were of an
inferior condition and fortune.
After this the Ten began more and more to set aside all law and right.
Thus whereas at the first one only on each day was followed by the
twelve lictors, each of the ten came daily into the market-place so
attended; and whereas before the lictors carried bundles of rods only,
now there was bound up with the rods an axe, whereby was signified the
power of life and death. Their actions also agreed with this show, for
they and their ministers plundered the goods and chattels of the people.
Some also they scourged, and some they beheaded. And when they had so
put a man to death, they would divide his substance among those that
waited upon them to do their pleasure.
Among their misdeeds two were especially notable. There was a certain
Sicinius in the host, a man of singular strength and courage, who took
it ill that the Ten should thus set themselves above all law, and was
wont to say to his comrades that the Commons should depart from the city
as they had done in time past, or should at the least make them tribunes
to be their champions as of old. This Sicinius the Ten sent on before
the army, there being then war with the Sabines, to search out a place
for a camp; and with him they sent certain others, bidding them slay him
when they should have come to some convenient place. This they did, but
not without suffering much loss; for the man fought for his life and
defended himself, slaying many of his enemies. Then they that escaped
ran into the camp, saying that Sicinius had fallen into an ambuscade,
and had died along with certain others of the soldiers. At the first,
indeed, this story was believed; but afterwards, when, by permission of
the Ten, there went some to bury the dead, they found that none of the
dead bodies had been spoiled, and that Sicinius lay with his arms in the
midst, the others having their faces towards him; also that there was
no dead body of an enemy in the place, nor any track as of them that had
gone from the place; for which reasons they brought back tidings that
Sicinius had certainly been slain by his own comrades. At this there was
great wrath in the camp; and the soldiers were ready to carry the body
of Sicinius to Rome, but that the Ten made a military funeral for him at
the public cost. So they buried Sicinius with great lamentation; but the
Ten were thereafter in very ill repute among the soldiers.
Again, there was a certain centurion, Lucius Virginius by name, an
upright man and of good credit both at home and abroad. This Virginius
had a daughter, Virginia, a very fair and virtuous maiden, whom he
had espoused to a certain Icilius that had once been a tribune of the
Commons. On this maiden Appius Claudius, the chief of the Ten, sought to
lay hands, and for this end gave commandment to one Marcus Claudius, who
was one of the clients of his house, that he should claim the girl for
a slave. On the morrow therefore as Virginia passed across the
market-place, being on her way to school (for the schools in those days
were held in the market-place), this Claudius seized her, affirming that
she was born of a woman that was a slave, and was therefore by right
a slave herself. The maiden standing still for fear, the nurse that
attended her set up a great cry and called the citizens to help.
Straightway there was a great concourse, for many knew the maiden's
father Virginius, and Icilius to whom she was betrothed. Then said
Claudius, seeing that he could not take her by force, "There is no
need of tumult or of gathering a crowd. I would proceed by law, not by
force." Thereupon he summoned the girl before the judge. When they came
to the judgment-seat of Appius the man told a tale that had already
been agreed upon between the two. "This girl," he said, "was born in
my house, and was thence secretly taken to the house of Virginius,
and passed off on the man as his daughter. Of this I will bring proof
sufficient, such as will convince Virginius himself, who doubtless has
received the chief wrong in this matter. But in the meanwhile it is
reasonable that the slave should remain in the house of her master." To
this the friends of the girl made answer, "Virginius is absent on the
service of the State, and will be here within the space of two days, if
tidings of this matter be sent to him. Now it is manifestly wrong that
judgment concerning a man's children should be given while he is himself
absent. Let the cause, therefore, be postponed till he come. Meanwhile
let the maiden have her freedom according to the law which Appius and
his fellows have themselves established."
Appius gave sentence in these words: "That I am a favourer of freedom
is manifest from this law of which ye make mention. Yet this law must
be observed in all cases and without respect of persons; and as to this
girl, there is none but her father only to whom her owner may yield
the custody of her. Let her father therefore be sent for; but in the
meanwhile Claudius must have custody of her, as is his right, only
giving security that he will produce her on the morrow."
At this decree, so manifestly unrighteous was it, there was much
murmuring, yet none dared to oppose it, till Numitorius, the girl's
uncle, and Icilius came forth from the crowd. The lictor cried,
"Sentence has been given," and bade Icilius give place. Then Icilius
turned to Appius, saying, "Appius, thou must drive me hence with the
sword before thou canst have thy will in this matter. This maiden is my
espoused wife; and verily, though thou call hither all thy lictors and
the lictors of thy colleagues, she shall not remain in any house save
the house of her father."
To this Appius, seeing that the multitude was greatly moved and were
ready to break forth into open violence, made this reply: "Icilius cares
not for Virginia, but being a lover of sedition and tumult, seeks an
occasion for strife. Such occasion I will not give him to-day. But that
he may know that I yield not to his insolence, but have regard to the
rights of a father, I pronounce no sentence. I ask of Marcus Claudius
that he will concede something of his right, and suffer surety to be
given for the girl against the morrow. But if on the morrow the father
be not present here, then I tell Icilius and his fellows that he who is
the author of this law will not fail to execute it. Neither will I call
in the lictors of my colleagues to put down them that raise a tumult.
For this my own lictors shall suffice."
So much time being thus gained, it seemed good to the friends of the
maiden that the son of Numitorius and the brother of Icilius, young men
both of them and active, should hasten with all speed to the camp, and
bring Virginius thence as quickly as might be. So the two set out, and
putting their horses to their full speed, carried tidings of the matter
to the father. As for Appius, he sat awhile on the judgment-seat,
waiting for other business to be brought before him, for he would not
have it seem that he had come for this cause only; but finding that
there was none, and indeed the people were wholly intent on the matter
of Virginia, he departed to his own house. Thence he sent an epistle to
his colleagues that were at the camp, saying, "Grant no leave of absence
to Virginius, but keep him in safe custody with you." But this availed
nothing, for already, before ever the epistle was brought to the camp,
at the very first watch of the night, Virginius had set forth.
When Virginius was come to the city, it being then early dawn, he put on
mean apparel, as was the custom with such as were in danger of life or
liberty, and carried about his daughter, who was clad in like manner,
praying all that he met to help and succour him. "Remember," said he,
"that day by day I stand fighting for you and for your children against
your enemies. But what shall this profit you or me if, this city being
safe, nevertheless our children stand in peril of slavery and shame?"
Icilius spake in like manner, and the women (for a company of matrons
followed Virginia) wept silently, stirring greatly the hearts of all
that looked upon them. But Appius, so set was his heart on evil, heeded
none of these things; but so soon as he had sat him down on the seat of
judgment, and he that claimed the girl had said a few words complaining
that right had not been done to him, he gave his sentence; suffering
not Virginius to speak. What pretence of reason he gave can scarce be
imagined, but the sentence (for this only is certain) was that the girl
should be in the custody of Claudius till the matter should be decided
by law. But when Claudius came to take the maiden, her friends and all
the women that bare her company thrust him back. Then said Appius, "I
have sure proof, and this not from the violence only of Icilius, but
from what is told to me of gatherings by night in the city, that there
is a purpose in certain men to stir up sedition. Knowing this I have
come hither with armed men; not to trouble quiet citizens, but to punish
such as would break the peace of the State. Such as be wise, therefore,
will keep themselves quiet. Lictor, remove this crowd, and make room for
the master that he may take his slave." These words he thundered forth
in great anger; and the people, when they heard them, fell back in fear,
so that the maiden stood without defence. Then Virginius, seeing that
there were none to help him, said to Appius, "I pray thee, Appius, if
I have said aught that was harsh to thee, that thou wilt pardon it,
knowing how a father must needs suffer in such a case. But now suffer me
to enquire somewhat of this woman that is the girl's nurse, that I may
know what is the truth of the matter. For if I have been deceived in
the matter, and am not in truth father to the girl, I shall be more
content." Then, Appius giving permission, he led his daughter and her
nurse a little space aside, to the shops that are by the temple of
Cloacina, and snatching a knife from a butcher's, said, "My daughter,
there is but this one way that I can make thee free," and he drave the
knife into her breast.
[Illustration: The death of Virginia 200]
Then he looked back to the judgment-seat and cried, "With this blood,
Appius, I devote thee and thy life to perdition." There went up a great
cry from all that stood there when they saw so dreadful a deed, and
Appius commanded that they should seize him. But no man laid hands on
him, for he made a way for himself with the knife that he carried in his
hand, and they that followed defended him, till he came to the gate of
the city.
Then Icilius and Numitorius took up the dead body of the maiden and
showed it to the people, saying much of the wickedness of him who had
driven a father to do such a deed, and much also of the liberty which
had been taken from them, and which, if they would only use this
occasion, they might now recover. As for Appius, he cried out to his
lictors that they should lay hands on Icilius, and when the crowd
suffered not the lictors to approach, would himself have made a way
to him, by the help of the young nobles that stood by him. But now the
crowd had leaders, themselves also nobles, Valerius and Horatius. These
said, "If Appius would deal with Icilius according to law we will be
securities for him; if he mean to use violence, we are ready to meet
him." And when the lictor would have laid hands on these two the
multitude brake his rods to pieces. Then Appius would have spoken to
the people, but they clamoured against him, so that at last, losing all
courage and fearing for his life, he covered his head and fled secretly
to his own house.
Meanwhile Virginius had made his way to the camp, which was now on Mount
Vecilius, and stirred up the army yet more than he had stirred the city.
"Lay not to my charge," he said, "that which is in truth the wickedness
of Appius; neither turn from me as from the murderer of my daughter. Her
indeed I slew, thinking that death was better than slavery and shame;
nor indeed had I survived her but that I hoped to avenge her death
by the help of my comrades." Others also that had come from the city
persuaded the soldiers; some saying that the power of the Ten was
overthrown, and others that Appius had gone of his own accord into
banishment. These words so prevailed with the soldiers that, without any
bidding from their generals, they took up their arms, and, with their
standards carried before them, came to Rome and pitched their camp on
the Aventine.
Nevertheless, the Ten were still obstinate, affirming that they would
not resign their authority till they had finished the work for which
they had been appointed, namely, the drawing up of the twelve tables
of the laws. And when the army perceived this they marched from the
Aventine and took up their abode on the Sacred Hill, all the Commons
following them, so that there was not left in the city a single man that
had ability to move; nor did the women and children stay behind, but
all, as many as could move, bare them company; for Duilius, that had
been tribune, said, "Unless the Senate see the city deserted, they will
take no heed of your complaints." And indeed, when these perceived what
had taken place, they were more urgent than before that the Ten should
resign their office. And these at last consented; "Only," said they, "do
not suffer us to perish from the rage of the Commons. It will be an
ill day for the nobles when the people shall learn to take vengeance on
them." And the Senate so wrought that though at the first the Commons in
their great fury demanded that the Ten should be burned alive, yet they
were persuaded to yield, it being agreed that each man should be judged
by the law according to his deserts. Appius, therefore, was accused
by Virginius, and being cast into prison, slew himself before the day
appointed for the trial. Oppius also, another of the Ten, whom the
Commons hated for his misdeeds next after Appius, was accused and died
in like manner. As for Claudius, that had claimed Virginia for his
slave, he was condemned to be banished. And thus at the last, the guilty
having been punished, the spirit of Virginia had rest.