THE FIFTE NOUELL.

_Appius Claudius, one of the Decemuiri of Rome, goeth about to rauishe

Virginia, a yonge mayden, which indeuour of Appius, when her father

Virginius vnderstode being then in the warres, hee repaired home to

rescue his doughter. One that was betrouthed vnto her, clamed her,

whereupon rose great contention. In the ende her owne father, to saue

the shame of his stocke, killed her with a Bocher’s knife, and went

into the Forum, crying vengeance vpon Appius. Then after much

contention and rebellion, the Decemuiri were deposed._

Spurius Posthumius Albus, Aulus Manlius, and P. Sulpitius Camerinus,

were sent Ambassadours to Athenes, and commaunded to wryte out the noble

Lawes of Solon, and to learne the Institutions, orders, and Lawes of

other Greeke cities. Vpon whose retourne, the Tribunes were verie

instant that at length lawes might be enacted and confirmed. And for

that purpose certaine officers were appointed, called Decemuiri: with

soueraigne authoritie and power to reduce the same into wryting, whiche

were thought meete and profitable for the common wealth. The principall

and chiefe of which nomber was Appius Claudius, who committed no lesse

filthy facte, then was done by Tarquinius, for the rape of Lucrece. The

sayde Appius conceiued a libidinous desire, to rauishe a yong virgine,

the doughter of one Lucius Virginius, then a captain in the warres at

Algidum, a man of honest and sober life, whose wife was also of right

good behauiour, and their children accordingly brought vp, and

instructed. They had betrouthed their doughter, to one L. Icilius of the

order of the Tribunes, a man of great stoutnesse and tried valiance in

the cause of the people. This yong maide being of excellent beautie,

Appius at the first began to woe by giftes and faire promises: but when

he sawe that she was impregnable, he deuised by wicked and cruell

pollicie, to obteine her, committing the charge of that enterprise to

one of his frendes, called Marcus Claudius, who went about to proue and

maintaine, that the maide was his bondwoman, and in no wise would giue

libertie to her friendes to haue time to answere the processe made in

that behalfe, thinking by that meanes, in the absence of her father, hee

might at his pleasure enioye her. As the virgine was going to schole in

the Forum, the said Claudius, the minister of mischief, layd handes vpon

her, claimed her to be his bondwoman, for that she was borne of a

seruile woman, and commaunded her to folow him. The mayde being afraide

was amazed, and the Nursse that wayted vpon her, cried out. Whereupon

the people ran out of their doores, to knowe the cause of the sturre.

Claudius seing the maide like to be rescued by the multitude that was

assembled, said, that there was no neede of that hurlie burlie, for that

he attempted nothing by force, but that he was able to proue by lawe.

Whereupon he cited the mayde to appere, her frendes promised that she

should according to the Lawe, make her apperance. Being come before the

consistorie, where Appius set in iudgement, Claudius began to tell a

tale and processe of the cause, whereof Appius being the deuiser,

vnderstode the effect. The tenor of the tale was, that the maide was

borne in his house, and was the doughter of his owne bondwoman, who

afterwardes being stolen awaye, was caried to the house of Virginius,

and supposed to be his childe, which thing he said, he was well able to

proue and would referre the iudgement of his cause to Virginius him

selfe: vnto whom the greater part of his iniurie did apertaine. In the

meane time, he sayde, that it was meete the maide should folowe her

maister: wherunto the Aduocates of the mayde replied, and said, that

Virginius was absent about the affaires of the commonwealth, but if he

were aduertised of the matter, they knewe wel he would bee at home

within twoo dayes after: wherefore, they sayd, that it were against

equitie and iustice, that processe and suite should bee made for clayme

of chyldren in the absence of the parentes, requiring them to deferre

the matter tyll the retourne of the father. Appius not regarding the

iustice of the case, to the intent hee myght satisfie his owne luste and

pleasure, ordeyned in the meane tyme, that Claudius the Assertor and

playntife, shoulde haue the keping and placing of the mayde, till the

father were returned. Against whiche wrong, many did grudge, although

none durst withstand it. But as fortune chaunced immediatly after that

decree and order was so pronounced: Publius Numitorius, the maydes vncle

by her mother’s side, and Icilius her beloued, were comen home: vpon

whose retourne, incontinentlye Icilius approched nere to Appius, and

being put backe by the Sergeant, hee cried out a loude in these wordes:

“Thou oughtest to put me back from hence (O Appius) with a sworde that

thou mightest without let, enioye the thing thou wouldest haue kepte

close and secrete. It is I that purpose to mary this maide, who I doubte

not, is very honest and chaste: wherefore cal together thy Sergeantes,

and cause the roddes and axes, to be made prest and ready. For I assure

thee, the spouse of Icilius shall not remayne out of her father’s house.

No! although thou hast taken away from the Romaine people their Tribunes

aide and appeales, whiche be twoo strong fortes and holdes of their

common libertie. Is authoritie geuen thee, libidinously to abuse our

wyues and children? Exercise thy crueltie behinde our backes, and vppon

our lives if thou liste, so that thou doe not contaminate and defile the

vertue of chastitie. Whereunto if thou inferre any damage or iniurie,

I will for mine owne parte, and for the loue of my beloued, crie out for

the ayde of the Romaines that be present, and Virginius shall do the

like of the souldiours, in the quarell of his owne doughter. And all wee

together, will implore for the succour of Goddes and men. And truste to

it, that thou shalt not enioye thy purpose before some of vs haue lost

our liues. Wherefore Appius I aduise thee, take hede in time, for when

Virginius doth come, hee will seke remedie to defende his doughter, and

will knowe in what condition and sorte shee is ordred, if shee be

referred to the seruitude of this man. And for my part, my life shall

soner fayle in defending her libertie, then my faithe to her

betrouthed.” Appius perceiuing the constancie of Icilius, and that the

people was in a great mutine and sturre, differred the cause of Virginia

til the next daye: whose frends hoped by that time, that her father

would be at home: wherefore with all expedition they addressed

messengers vnto him in the campe, bicause the saufgarde of his doughter

consisted in his presence. In the meane time the Assertor required the

mayde, offering to put in baile; the like offer made Icilius, of purpose

to contriue and spende the time, till the ariuall of Virginius. The

multitude of their owne accordes, helde vp their hands promising to

become suretie for Icilius, vnto whome hee gaue thankes, weping for

ioye, to se their kinde behauiour, and said: “I thanke you moste hartely

my beloued frendes, to morowe I wil vse your frendly offer, but at this

present I haue sureties sufficient.” Whereupon Virginia was bailed. Then

Appius repaired home, and wrote to his frendes in the campe, that in no

wyse they should giue Virginius leaue to come to Rome, whiche vngracious

deuise came to late, and tooke none effecte. Whereupon Virginius

retourned home, and in poore and vile apparell, repaired to the Forum,

after whom followed a great nomber of matrones and aduocates. Then he

began to require them all of succour and ayde, alledging that he was a

Souldiour, and one that aduentured him selfe, for the saufegarde and

defence of them al: with such like perswasions to the multitude.

Semblable wordes were vttered by Icilius. All which doinges being viewed

and marked by Appius, in a greate furie he ascended the consistorie.

Then M. Claudius the plaintife began to renewe his sute: and before the

father of the mayden could make answere to that plea, Appius gaue

sentence that the mayde was bonde: which sentence semed so cruell, as it

appalled the whole multitude. And as Claudius was laying handes vppon

the virgine, Virginius stepped to Appius, and said: “I haue betrouthed

my doughter to Icilius, and not to thee Appius. My care in the bringing

of her vp, was to marrie her, and not to suffer her to be violated and

defloured. It is your maner, like sauage and cruell beastes,

indifferentlye thus to vse your fleshly affections: I can not tell

whether the multitude here present will supporte this enormitie, but I

am sure the armed Souldiours, and men of warre, will not suffer it.”

Marcus Claudius being repulsed by the women, and Aduocates that were

present, silence was proclaymed by the Trumpet. Then Appius began to

declare how he vnderstoode, that all the night before, certaine

companies were assembled within the citie, to excite and moue sedicion,

for whiche cause hee came with armed men, not to hurte any that was

quiet, but according to the authoritie of his office to bridle and

represse those, that were troublers of the publique state. “Wherefore

goe Seargeant (quod he) make roume emonges the multitude, that the

maister may enioye his seruante.” Which wordes he thundered out with

great furie, and therewithall the multitude gaue place, leauing the

poore Puselle to be a praye to the ennemy. Her father seeing that hee

was voyde of succoure and helpe, to defende the innocencie of his

doughter, spake to Appius in this sorte: “I firste doe beseche thee

Appius, if I haue vsed any vnreasonable woordes against thee, to pardone

mee, and to impute the same to the Father’s griefe and sorowe. Suffer

mee I praye thee, to examine the Noursse, in the presence of the wenche,

of the whole circumstance of this matter, to the intent that if I be but

a supposed father, I maye departe hence with quiet conscience satisfied

and contented.” Virginius hauing licence to talke with his doughter and

Noursse, departed a side into a place called Cloacina, where the shoppes

be, nowe called Tabernæ Nouæ, and plucking a sharpe knife from a Bocher

that stode by, he thrust the same to the harte of his doughter, sayinge:

“By this onely meanes (doughter) I can make thee free:” And looking

againe to the iudgement seate, he said: “This bloud Appius I consecrate

and bestowe vpon thee.” Whiche done, with his sworde he made waye, to

passe through the thronge to conueighe him selfe out of the citie. Then

Icilius and Numitorius tooke vp the dead bodie, and shewed it to the

people, who cryed out vpon the wickednesse of Appius, bewayling the

vnhappie beautie of that fayre maiden, and deplored the necessitie of

the father. The women exclaimed in lamentable wyse, saying: “Is this the

condicion and state of them that bring foorth children? Be these the

rewardes of chastitie?” With suche like pitifull cries, as women are

wonte to make vpon suche heauie and dolorous euentes. Virginius being

arriued in the campe, whiche then was at the mount Vicelius, with a

traine of fower hundred persones, that fled out of the Citie, shewed to

the Souldiours the bloudie knife, that killed his doughter, whiche

sighte astonied the whole Campe: in so muche as euery man demaunded,

what was the cause of that sodain chaunce. Virginius could not speake

for teares, but at length he disclosed vnto them, the effecte of the

whole matter, and holding vp his handes towardes the heauens, sayd: “I

beseche you (deare companions) do not impute the wickednesse of Appius

Claudius vpon mee, ne yet that I am a paricide and murderer of mine own

children: the life of my dear doughter had bene more acceptable to me

then mine owne life, if so be shee might haue continued a free woman,

and an honest virgine. But when I sawe she was ledde to the rape like a

bondwoman, I considered, that better it wer her life to be loste, then

suffered to liue in shame: wherefore my naturall pitie was conuerted to

a kynde of crueltie. And for myne owne parte, I doe not passe to lyue

long after her, if I thought I should not haue your helpe and succour to

reuenge her death. Consider that your selues haue doughters, sisters,

and wyues, thinke not therefore, that the fleshlye desire of Appius is

satisfied with the death of my doughter. And the longer that he doth

continue in this securitie, the more vnbrideled is his appetite. Let the

calamitie of an other be a sufficient document for you, to beware like

iniuries. My wife is dead, by naturall fate and constellation, and

bicause my doughter could continewe no longer in honeste and chaste

life, death is befallen vnto her: whiche although it be miserable, yet

the same is honourable. There is nowe no place in my house for Appius to

satisfie his filthie luste: and I will fayle of my purpose, if I do not

reuenge the death of my doughter with so good will vpon his fleshe, as I

did discharge the dishonour and seruitude of her from his violent and

cruell handes.” This succlamation and pitifull complainte, so stirred

the multitude, that they promised all to helpe and relieue his sorowe.

Whereupon, the whole Campe were in a mutine and marched in order of

battayle to the mounte Auentine, where Virginius perswaded the

Souldiours, to chose ten principall Captaines, to bee head and chiefe of

that enterprise: whiche with honourable titles of the field, should be

called Tribuni. And Virginius him selfe being elected the chiefe

Tribune, sayde these wordes to the Souldiours: “I praye you reserue this

estimation, whiche you conceiue of me, vntill some better tyme and apter

occasion, as well for your commoditie, as for my selfe. The death of my

doughter, will suffer no honour to bee pleasaunt or welcome to me,

duringe my life. Moreouer in this troubled state of the common wealth,

it is not meete for them to be your gouernours, that be subiect and

occurrant to enuie and reproch, if my seruice shall bee profitable vnto

you when you haue thus created me a Tribune, it shall be no less

commodious if I doe still remaine a priuate man.” When he had spoken

those wordes, they chose tenne Tribunes. And like as the campe at the

mounte Auentine, was prouoked and stirred to this sedition, euen so by

meanes of Icilius and Numitorius before remembred, the Armie then beinge

against the Sabines began to reuolte and made the like nomber of

Tribunes, which in array of battaile, marched through the citie, at the

gate Colina, with banner displaied, to ioyne with the campe vpon the

mount Auentine. And when both the campes were assembled, they chose out

two amonges the twenty Tribunes, to be their generalles, called M. Opius

and Sextus Manilius. The Senate, careful and pensife for these euentes,

eftsons assembled, but no certaine determinations was agreed vpon. At

length they concluded, that Valerius and Horatius, should bee sent to

the mount Auentine to perswade the people, but they vtterlye refused the

message, vnlesse the Decemuiri were first deposed. The Decemuiri made

aunswere, that they would not geue ouer their authoritie, til such time

as those lawes were ratified, which were treated vpon, before they wer

elected to that office. Of all these contentions the people was

aduertised by M. Duillius their Tribune. And when both their armies were

ioyned at the mount Auentine, aforesayd, al the multitude of the citie,

men, women, and children, repaired thither in sorte, that Rome was like

a forlorne and abandoned place. The fathers seing the citie thus

relinquished, Horatius and Valerius, with diuers of the fathers,

exclamed in this wise. “What do ye expect and looke for, ye fathers

conscript? Will ye suffer al thinges to runne to extreame ruine and

decay? Shall the Decemuiri still persiste in their stubburne and froward

determinacions? What maner of gouernement is this (O ye Decemuiri) that

ye thus lay holde vpon and enioye? Will ye pronounce and make lawes

within your owne houses, and the limites of the same? Is it not a shame

to se in the Forum a greater nomber of your catchpolles and Sergeantes,

then of other sober and wise Citizens? But what will ye doe, if the

enemie vpon the sodaine, dothe approche the walles? What will ye do if

the people vnderstanding that we care not for their departure, do in

armes assaile vs? Will ye finishe your gouernement, with the ouerthrowe

of the citie: But either wee must expell and abandon the people, or els

wee must admitte the Tribunes. We shall soner wante our Fathers and

Senatours, then they their plebeian officers. They bereued and toke

awaye from vs the fathers a newe kinde of authoritie, which was neuer

sene before, who now feeling the sweetnesse thereof, will neuer geue it

ouer. For we can not so well temper our authoritie and gouernement, as

they be able to seke helpe and succour.” The Decemuiri perceiuing that

they were hated, so well of the Senate, as of the people, submitted

themselues. And therupon Valerius and Horatius were sent to the campe,

to reuoke the people vpon suche conditions as they thought moste meete.

Then the Decemuiri were commaunded, to take heede of the peoples furie.

So sone as the Commissioners were come to the campe, they were received

with great ioye and gladnesse of the people, because they were the

beginners of that sturre, and supposed that they would make an ende of

the commocion, for whiche cause they rendred to them their humble

thankes. Then Icilius was appointed to speake for the people, who

required to haue the authoritie of the Tribunes restored, and their

appeale renewed, with restitution of those lawes, which before the

erection of the Decemuiri, were ratified and confirmed. They demaunded

also an impunitie and free pardon to those that firste encouraged and

incited the Souldiers to that enterprise, and the restoring of their

liberties. They required to haue their enemies the Decemuiri, to be

deliuered into their handes. Whom they threatened to put to death by

fire. Whereunto the Commissioners aunswered in this wise: “Your

requestes bee so reasonable, that they ought willingly to be graunted.

All which ye desire to obtaine, as a defence and comfort for your

libertie, and not to persecute and infeste others. Your furie and anger

ought rather to be pardoned, then permitted or graunted. Yee beare a

face and seeme to detest and hate seueritie, and ye your selues incurre,

and runne headlong into all kinde of crueltie: and before ye be made

free your selues, ye desire to bee Lordes ouer your aduersaries. Shall

our citie neuer bee voide of tortures and oppressions: sometime of the

fathers towardes the people, sometime of the people towardes the

fathers: you had more neede of a shilde to defende you, then of a sworde

to fight. That man is of a base state and courage we suppose, that

liueth in a citie and beareth him self so vpright, as neither he

inferreth iniurie to others, ne yet suffereth wrong him selfe. If ye

shew your selues so terrible, then it is to be supposed, that after ye

haue recouered your lawes and magistrates, and be placed again in your

former authoritie and preeminence: ye will also ordeine and appointe

lawes ouer vs, that shall concerne our liues and goodes, and euery other

light matter. But for this present I would wishe you, to be contented

with your former freedome.” After the commissioners had willed theim to

consulte vppon some determinate aunswere, they retourned to Rome, to

make reporte to the Senate, of the peoples requestes. The Decemuiri

perceiuing, that contrarie to their expectation, no likelihode was of

any persecution, to be done vpon them, condescended to those demaundes.

Appius being a man of nature cruell and malicious, measuring the malice

of others, by his owne maligne disposition, spake these woordes: “I am

not ignoraunte what fortune is nowe imminente: for I do plainely see

that whiles weapons be deliuered to our aduersaries, the combate is

deferred against vs: with bloude, enuie muste be rewarded. I will not

any longer delaie the time, but depriue my selfe of the decemuirate.”

When the Senate was aduertised by the Commissioners, Valerius and

Horatius, of the peoples aunswere, they decreed that the Decemuiri

should be deposed, and that Q. Furius the chief bishop, should create

that plebeian Tribunes. Wherin also was enacted, that the departure of

the people, and mutine of the souldiours should be pardoned.

When these lawes were renewed, the Decemuiri went foorth, and openly in

the assemblie deposed them selues, to the great ioye and comforte of

them all. All whiche being reported to the people: both the souldiours,

and the rest of the multitude, were somoned to appeare before the

commisioners, unto whom they spake these wordes. “We now besech you al,

to retourne into your countrie, to your domesticall goddes, your wiues,

and children, which we truste shal be right good, happie and profitable

vnto you, and to the common wealth. But your modestie and sober

behauiour, for that no mans grounde is violated and destroyed,

considering many thinges, could not suffice the hugenesse of this

multitude, that part of modestie, I saye, cary with you into the citie,

to your immortall fame and glorie. Get ye therfore to the mounte

Auentine, from whence ye departed, where, as in a place moste happie ye

renewed the foundacions of your auncient libertie, and there yee shall

create your Tribunes: the chiefe bishop shal be present, to kepe the

comitialles.” Then the Romaine people made Aulus Virginius, Lucius

Icilius, and P. Numitorius the Tribunes, who with their assistantes,

first aduanced and confirmed the libertie of the people. Afterward

Virginius was appointed to be the accuser, and Appius chosen to be the

defendant. At the day appointed, Appius resorted to the Forum, with a

great companie of yong gentlemen, of the patricial order, where

Virginius began to renewe the cruel and abhominable facte, which Appius

committed in the time of his authoritie, and said: “Oration was first

deuised and found out, for ambiguous and doubtfull causes: therefore I

will neither consume time, in accusing him before you, from whose

crueltie, ye haue by force defended your selues, nor yet I wyll suffer

hym to coyne to his former wickednesse, any impudente aunswere for his

defence. Wherefore Appius, all those thynges whiche wyckedlye and

cruellye one vpon an other, thou haste done these twoo yeares past,

I doe freely forgeue thee: but if thou canst not purge thyselfe of this

one thing, that against the order and forme of lawe (thou thy selfe

being judge) wouldest not suffer the freman, to enioye the benefite of

his freedome, during the processe made of seruitude, I will presently

commaunde the to pryson.” Appius Claudius being nowe a prysoner, and

perceiuing that the iust complaintes of Virginius did vehemently incite

the people to rage and furie, and that the peticions and prayers of his

frendes in no wise could mollifie their hartes, he began to conceiue a

desperation, and within a whyle after slewe him selfe. Spurius Oppius,

also an other of the Decemuiri, was immediatly sent to prison, who

before the daye of his iudgement died. The reste also of that order fled

into exile, whose goods were confiscate. M. Claudius also the assertor

was condempned: howbeit Virginius was contented he should be banished

the citie, and then he fled to Tybur. Thus vpon the filthie affection of

one noble man, issued paricide, murder, rebellion, hatred, depriuing of

magistrates, and great mischiefes succedinge one in an others necke;

whereupon the noble and victorious citie, was lyke to be a praye to

forren nations. A goodlie document to men of like calling, to moderate

them selues, and their magisterie with good and honest life, thereby to

giue incouragement of vertue, to their vassalles and inferiours: who for

the most parte doe imitate and followe the liues and conuersation of

their superiours.

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