21. The senate was assembled in the Capitol. Thither the tribunes come with the commons in great consternation: the populace, with loud clamours, implore the protection now of the consuls, now of the patricians: nor could they make the consul recede from his determination, until the tribunes promised that they would be under the direction of the patricians. Then on the consul's laying before them the demands of the tribunes and commons, decrees of the senate are passed, "That neither the tribunes should propose the law during that year, and that the consuls should not lead the army from the city—that for the time to come, the senate decided that it was to the injury of the commonwealth, that the same magistrates should be continued, and the same tribunes be re-appointed." The consuls conformed to the authority of the senate, the tribunes were re-appointed notwithstanding the remonstrances of the consuls. The patricians also, that they might not yield to the commons in any particular, re-elected Lucius Quintius consul. No proceeding of the consul was urged with more warmth during the entire year. "Can I be surprised," says he, "if your authority is of little weight, conscript fathers? yourselves are disparaging it. Forsooth, because the commons have violated a decree of the senate, by re-appointing their magistrates, you yourselves also wish it to be violated, lest ye should yield to the populace in rashness; as if to possess greater power in the state consisted in having more of inconstancy and irregularity; for it is certainly more inconstant and greater folly, to do away with one's own decrees and resolutions, than those of others. Imitate, conscript fathers, the inconsiderate multitude; and ye, who should be an example to others, transgress by the example of others, rather than others should act correctly by yours, provided I imitate not the tribunes, nor suffer myself to be re-elected consul, contrary to a decree of the senate. But I advise you, Caius Claudius, that both you on your part restrain the Roman people from this licentiousness, and that you be persuaded of this on my part, that I shall so take it, as not to consider that my honour has been obstructed by you, but that the glory of declining the honour has been augmented, and the odium, which would hang over me from its being continued, has been lessened." Upon this they issue this order jointly: "That no one should attempt to make Lucius Quintius consul: if any one should do so, that they would not allow that vote."

22. The consuls elected were Quintus Fabius Vibulanus, a third time, and Lucius Cornelius Maluginensis. The census was performed that year; it was a matter of religious scruple that the lustrum should be closed, on account of the Capitol having been taken and the consul slain. In the consulate of Quintus Fabius and Lucius Cornelius, disturbances broke out immediately at the commencement of the year. The tribunes were urging on the commons. The Latins and Hernici brought word that a formidable war was in preparation on the part of the Volscians and AEqui; that the troops of the Volscians were now at Antium. Great apprehension was also entertained, that the colony itself would revolt: and with difficulty were the tribunes prevailed on to allow the war to take precedence. The consuls then divided the provinces between them. It was assigned to Fabius to march the legions to Antium; to Cornelius, to protect the city; lest any part of the enemy, as was the practice of the AEqui, should come to commit depredations. The Hernici and Latins were ordered to supply soldiers in conformity to the treaty; and in the army two parts consisted of allies, one part of natives. When the allies came to the day already appointed, the consul pitches his camp outside the Capuan gate. Then, after the army was purified, he set out for Antium, and encamped not far from the town, and standing camp of the enemy. Where, when the Volscians, not venturing to risk an engagement, were preparing to protect themselves quietly within their ramparts, on the following day Fabius drew up not one mixed army of allies and citizens, but three separate bodies of the three states around the enemy's works. He himself was in the centre with the Roman legions. He ordered them to watch for the signal from thence, so that the allies might both commence the action together, and retire together, if he should sound a retreat. He placed their cavalry in the rear of each division. Having thus assailed the camp in three different points, he surrounds it; and when he pressed on from every side, he dislodges from the rampart the Volscians, not able to sustain his attack. Having then crossed the fortifications, he expels from the camp the crowd who were dismayed and inclining towards one direction. Upon this the cavalry, who could not easily pass over the rampart, having stood by up to that period mere spectators of the fight, having come up with them whilst flying in disorder on the open plain, enjoys a share of the victory, by cutting down the affrighted troops. The slaughter of them as they fled was great, both in the camp and outside the lines; but the booty was still greater, because the enemy were scarcely able to carry off their arms with them; and their entire army would have been destroyed, had not the woods covered them in their flight.

23. Whilst these transactions are taking place at Antium, the AEqui, in the mean while, sending forward the main strength of their youth, surprise the citadel of Tusculum by night, and with the rest of their army they sit down at no great distance from the walls of Tusculum, so as to divide the forces of the enemy. This account being quickly brought to Rome, and from Rome to Antium, affect the Romans not less than if it was told them that the Capitol was taken; so recent were both the services of the Tusculans, and the very similitude of the danger seemed to require a return of the aid that had been afforded. Fabius, giving up every other object, removes the booty hastily from the camp to Antium. Having a small garrison there, he hurries on his army by forced marches to Tusculum. The soldiers were allowed to carry nothing but their arms, and whatever dressed provision was at hand. The consul Cornelius sends provisions from Rome. The war was carried on at Tusculum for several months. With one part of his army the consul assailed the camp of the AEqui; a part he had given to the Tusculans to recover their citadel. They never could have made their way to it by force. Famine at length withdrew the enemy from it. And when they came to this at last, they were all sent under the yoke by the Tusculans, unarmed and naked. These, when betaking themselves home by an ignominious flight, were overtaken by the Roman consul on Algidum and cut off to a man. After this victory, having marched back[127] his army to Columen, (that is the name of the place,) he pitches his camp. The other consul also, as soon as the Roman walls ceased to be in danger, the enemy being defeated, set out from Rome. Thus the consuls, having entered the territories of the enemies on two different sides, strenuously vie with each other in depopulating the Volscians on the one hand, the AEqui on the other. I find in some writers that the people of Antium revolted[128] the same year. That Lucius Cornelius, the consul, conducted that war and took the town, I would not venture to affirm for certain, because no mention is made of the matter among the older writers.

[Footnote 127: Exercitu relicto is the ordinary reading. Crevier observes that reducto is the more correct.]

[Footnote 128: This account does not seem to be correct. See Niebuhr ii. p. 254.]

24. This war being concluded, a tribunitian war at home alarms the senate. They exclaim, "that the detaining the army abroad was done for a fraudulent motive: that such frustration was for the purpose of doing away with the law; that they, however, would go through with the matter undertaken by them." Publius Lucretius, however, the praefect of the city, so far prevailed that the proceedings of the tribunes were postponed till the arrival of the consuls. A new cause of disturbance also arose. Aulus Cornelius and Quintus Servilius, quaestors, appoint a day of trial for Marcus Volscius, because he had come forward as a manifestly false witness against Caeso. For it appeared by many proofs, that the brother of Volscius, from the time he first became ill, not only never appeared in public, but that he had not even arisen from his sick bed, and that he died of an illness of several months' standing; and that at the time to which the witness had referred the commission of the crime, Caeso had not been seen at Rome: those who served in the army with him, positively stating that at that time he had constantly attended at his post with them without any leave of absence. Many persons proposed on their own private responsibility to Volscius to have a judicial decision on the matter.[129] As he would not venture to go to trial, all these matters coinciding rendered the condemnation of Volscius no less certain than that of Caeso had been on the testimony of Volscius. The tribunes occasioned a delay, who said that they would not suffer the quaestors to hold the assembly[130] concerning the accused, unless it was first held concerning the law. Thus both matters were spun out till the arrival of the consuls. When they entered the city in triumph with their victorious army, because silence was (observed) with regard to the law, many thought that the tribunes were struck with dismay. But they, (for it was now the close of the year,) desirous of obtaining a fourth tribuneship, had turned away their efforts from the law to canvassing for the elections; and when the consuls strove with no less strenuousness than if the law in question were proposed for the purpose of lessening their own dignity, the victory in the contest was on the side of the tribunes. On the same year peace was granted to the AEqui on their suing for it. The census, a matter commenced on the preceding year, is completed. The number of citizens rated were one hundred and seventeen thousand three hundred and nineteen. The consuls obtained great glory this year both at home and in war, because they both re-established peace abroad and at home; though the state was not in a state of absolute concord, yet it was less disturbed than at other times.

[Footnote 129: Ni ita esset, a legal form of expression, amounting in this place to "if Volscius attempted to deny it." Privatim. Besides the quaestors who by virtue of their office were to prosecute Volscius, many persons on their own account, and on their private responsibility, cited him into court, and challenged him to discuss the case before a judge. A prosecutor was said ferre judicem res, when he proposed to the accused person some one out of the judices selecti, before whom the case might be tried; if the accused person consented to the person named by prosecutor, then the judge was said convenisse, to have been agreed on. Sometimes the accused was allowed to select his own judge, judicem dicere. When both the prosecutor and the accused agreed as to the judge, they presented a joint petition to the praetor that he would appoint (ut daret) that person to try the cause; at the same time they both bound themselves to pay a certain sum, the one if he did not establish his charge, ni ita esset; the other if he did not prove his innocence.]

[Footnote 130: Comitia, i. e. curiata, which exercised authority in the cases of persons accused of inflicting injuries on the patricians.]

25. Lucius Minucius and Caius Nautius being next elected consuls, took up the two causes which lay over since the preceding year. The consuls obstructed the law, the tribunes the trial of Volscius in the same manner: but in the new quaestors there was greater power, and greater influence. With Marcus Valerius, son of Valerius and grandson of Volesus, Titus Quintius Capitolinus, who had been thrice consul, was appointed quaestor. Since Caeso could neither be restored to the Quintian family, nor could he, though a most promising young man, be restored to the state, he justly, and as in duty bound, prosecuted the false witness who had deprived an innocent person of the power of pleading his cause. When Virginius in particular and the (other) tribunes were promoting the passing of the law, the space of two months was allowed to the consuls to examine into the law: so that, when they had satisfied the people, as to what secret designs were concealed under it, they should then allow them to give their votes. The granting this respite established tranquillity in the city. The AEqui however did not allow them long rest; who, in violation of the treaty which had been made with the Romans the year before, confer the chief command on Gracchus Claelius. He was then the leading man amongst the AEqui. Under the command of Gracchus they carry hostile depredations into the district of Lavici, from thence into that of Tusculum, and laden with booty they pitch their camp at Algidum. To that camp Quintus Fabius, Publius Volumnius, Aulus Posthumius, come to complain of the wrongs committed, and to demand restitution in accordance with the treaty. The general of the AEqui commands them "to deliver to the oak whatever instructions they brought from the Roman senate; that he in the mean time should attend to other matters." A large oak tree hung over the praetorium, the shade of which constituted a pleasant seat. Then one of the ambassadors, when departing, says, "Let both this consecrated oak and all the gods hear the treaty violated by you, and favour both our complaints now, and our arms presently, when we shall simultaneously avenge the rights of gods and men as violated by you." As soon as the ambassadors returned to Rome, the senate ordered one of the consuls to lead his army against Gracchus at Algidum, to the other they assigned as his province the laying waste of the country of the AEqui. The tribunes, according to their practice, attempted to obstruct the levy; and probably would have eventually prevented it, but a new cause of alarm was suddenly added.

26. A large body of Sabines, committing dreadful devastation, approached very close to the walls of the city. The fields were laid waste, the city was struck with terror. Then the commons cheerfully took up arms; two large armies were raised, the tribunes remonstrating to no purpose. Nautius led the one against the Sabines; and having pitched his camp at Eretum, by small detachments, generally by nightly incursions, he effected such desolation in the Sabine land, that, when compared to it, the Roman territories seemed intact by an enemy. Minucius had neither the same success nor the same energy of mind in conducting his business; for after he had pitched his camp at no great distance from the enemy, without having experienced any considerable loss, he kept himself through fear within the camp. When the enemy perceived this, their boldness increased, as sometimes happens, from others' fears; and having attacked his camp by night, when open force did not succeed well, they on the following day drew lines of circumvallation around it. Before these could close up all the passes, by a vallum being thrown up on all sides, five horsemen being despatched between the enemies' posts, brought the account to Rome, that the consul and his army were besieged. Nothing could have happened so unexpected, nor so unlooked-for. Accordingly the panic and the alarm was as great as if the enemy besieged the city, not the camp. They send for the consul Nautius; in whom when there seemed to be but insufficient protection, and they were determined that a dictator should be appointed to retrieve their embarrassed affairs, Lucius Quintius Cincinnatus is appointed by universal consent. It is worth those persons' while to listen, who despise all things human in comparison with riches, and who suppose "that there is no room for exalted honour, nor for virtue, unless where riches abound in great profusion." Lucius Quintius, the sole hope of the Roman people, cultivated a farm of four acres, at the other side of the Tiber, which are called the Quintian meadows, opposite to the very place where the dock-yard now is. There, whether leaning on a stake in a ditch which he was digging, or in the employment of ploughing, engaged at least on some rural work, as is certain, after mutual salutations had passed, being requested by the ambassadors to put on his gown, and listen to the commands of the senate, (with wishes) that it might be happy both to him and to the commonwealth, being astonished, and asking frequently "whether all was safe," he bids his wife Racilia immediately to bring his toga from his hut. As soon as he put this on and came forward, after first wiping off the dust and sweat, the ambassadors, congratulating him, unite in saluting him as dictator: they call him into the city; explain to him what terror now exists in the army. A vessel was prepared for Quintius by order of government, and his three sons having come out to meet him, receive him on his landing at the other side; then his other relatives and friends; then the greater part of the patricians. Accompanied by this numerous attendance, and the lictors going before him, he was conducted to his residence. There was a numerous concourse of the commons also; but they by no means looked on Quintius with equal pleasure, considering both the extent of his authority as too great, and the man vested with such authority rather arbitrary. And during that night indeed nothing was done in the city besides posting guards.

27. On the next day the dictator, after he had come into the forum before day-light, names a master of the horse, Lucius Tarquitius, a man of patrician family, but one who, though he had served his campaigns among the foot by reason of his scanty means, was yet considered by many degrees the first in military skill among the Roman youth. With his master of the horse he came into the assembly, proclaims a suspension of civil business, orders the shops to be closed throughout the city, and forbids any one to attend to any private affairs. Then he commands that all, whoever were of the military age, should attend under arms, in the Campus Martius, before sun-set, with dressed provisions for five days and twelve palisades, and he commanded that whose age was too far advanced for military service, should dress their victuals for the soldiers in their vicinity, whilst the latter were preparing arms, and procuring the palisade. Accordingly, the young men run in different directions to procure the palisades; they took them wherever they were nearest to them; no one was prevented, and they all attended punctually according to the dictator's order. Then the troops being formed, not more fitted for the march than for an engagement, should the occasion require it, the dictator himself marches at the head of the legions, the master of the horse at the head of his cavalry. In both bodies there were such exhortations as the juncture itself required; that "they should quicken their pace; that there was need of expedition, that they might reach the enemy by night; that the consul and the Romans were besieged; that they had been shut up now three days: that it was uncertain what each day or night might bring with it; that the issue of the most important affairs often depended on a moment of time." They, to please their leaders, exclaimed among themselves, "Standard-bearer, hasten on; follow, soldier." At midnight they reach Algidum: and, as soon as they perceived that they were near the enemy, they halted.

28. There the dictator, having rode about, and having observed, as far as could be ascertained by night, what the situation of the camp was, and what its form, commanded the tribunes of the soldiers to order the baggage to be thrown into one place, and that the soldiers with their arms and palisades should return to their ranks. What he commanded was executed. Then, with the regularity which they had observed on the march, he draws the entire army in a long column around the enemies' camp, and directs that, when the signal was given, they should all raise a shout; and that on the shout being raised, each man should throw up a trench before his post, and fix his palisade. The orders being issued, the signal followed: the soldiers perform what they were commanded; the shout resounds around the enemy: it then passes beyond the camp of the enemy, and reaches the consul's camp: it occasions panic in one place, great joy in another. The Romans, observing to each other with exultation, "that this was the shout of their countrymen, and that aid was at hand," from their watch-guards and out-posts intimidate the enemy on their part. The consul says, that there must be no delay: "that by that shout not only their arrival was intimated, but that proceedings were already commenced by their friends; and that it would be a wonder if the enemies' camp were not attacked on the outside." He therefore orders his men to take up arms and follow him. The battle was commenced by the legions during the night: they give notice to the dictator by a shout, that on that side also the action was commenced. The AEquans were now preparing to prevent the works from being brought around them,[131] when, the battle being commenced by the enemy from within, turning their attention from those employed on the fortifications to those who were fighting on the inside, lest a sally should be made through the centre of their camp, they left the night to remain without interruption for the finishing of the work; and they continued the fight with the consul till daylight. At the break of day they were now encompassed by the dictator's works, and were scarcely able to maintain the fight against one army. Then their lines were attacked by Quintius's army, who immediately after completing their work returned to their arms. Here a new fight pressed on them: the former one had suffered no relaxation. Then the twofold peril pressing hard on them, turning from fighting to entreaties, they implored the dictator on the one hand, the consul on the other, not to make the victory consist in their general slaughter, that they would suffer them to depart without arms. When they were bid by the consul to go to the dictator, he, incensed against them, added ignominy (to defeat). He orders Gracchus Cloelius, their general, and other leaders to be brought to him in chains, and that they should evacuate the town of Corbio; "that he wanted not the blood of the AEquans: that they were allowed to depart; but that the confession may be at length extorted, that their nation was defeated and subdued, that they should pass under the yoke." The yoke is formed with three spears, two fixed in the ground, and one tied across between the upper ends of them. Under this yoke the dictator sent the AEquans.

[Footnote 131: Ad prohibenda circumdari opera. Stroth observes that it should be more properly ad prohibenda circumdanda opera, i. e. ad prohibendum, ne opera circumdarentur.]

29. The enemy's camp being taken, which was full of every thing, (for he had sent them away naked,) he distributed all the booty among his own soldiers only: chiding the consul's army and the consul himself, he says, "Soldiers, ye shall do without any portion of the spoil taken from that enemy to which you were well nigh becoming a spoil: and you, Lucius Minutius, until you begin to assume the spirit of a consul, shall command these legions as lieutenant-general." Minutius accordingly resigns his office of consul, and remains with the army, as he had been commanded. But so meekly obedient were the minds of men at that time to authority combined with superior merit, that this army, mindful of the kindness (conferred) rather than of the slur (cast on them), both voted a golden crown of a pound weight to the dictator, and saluted him as their patron when setting out. The senate at Rome, being convened by Quintus Fabius, praefect of the city, ordered Quintius to enter the city in triumph, in the order of march in which he was coming. The leaders of the enemy were led before his car: the military standards were carried before him: his army followed laden with spoil. Tables with provisions are said to have been laid out before the houses of all, and (the soldiers) partaking of the entertainment, followed the car with the triumphal hymn and the usual jests, after the manner of revellers. On that day the freedom of the state was granted to Lucius Mamilius of Tusculum, with universal approbation. The dictator would have laid down his office, had not the assembly for the trial of Marcus Volscius, the false witness, detained him; the fear of the dictator prevented the tribunes from obstructing it. Volscius was condemned and went into exile to Lanuvium. Quintius laid down his dictatorship on the sixteenth day, having received it for six months. During those days the consul Nautius engages the Sabines at Eretum with distinguished success. Besides the devastation of their lands, this additional blow also befell the Sabines. Fabius Quintus was sent to Algidum as successor to Minucius. Towards the end of the year the tribunes began to agitate the question of the law; but because two armies were abroad, the patricians carried the point, that no business should be proposed to the people. The commons succeeded in electing the same tribunes for the fifth time. They report that wolves seen in the Capitol were driven away by dogs; that on account of that prodigy the Capitol was purified. Such were the transactions in that year.

30. Quintus Minucius and Caius Horatius Pulvillus follow as the next consuls. At the commencement of this year, when there was peace abroad, the same tribunes and the same law occasioned disturbances at home; and parties would have proceeded further, (so highly were their passions inflamed,) had not, as if for the very purpose, news been brought, that by an attack of the AEquans the garrison at Corbio had been cut off. The consuls convene the senate; they are ordered to raise a hasty levy and to proceed to Algidum. Then the contest about the law being given up, a new dispute arose regarding the levy. And the consular authority[132] was about to be overpowered by tribunitian influence, when an additional cause of alarm comes on them: that the Sabine army had made a descent into the Roman lands to commit depredations; that from thence they were advancing to the city. This fear influenced the tribunes to allow the levy to proceed, not without a stipulation, however, that since they had been foiled for five years, and as that was but little protection to the commons, ten tribunes of the people should henceforward be elected. Necessity wrung this from the patricians; this exception only they made, that they should not hereafter re-elect the same tribunes. The election for the tribunes was held immediately, lest that measure also, like others, might prove a delusion after the war. On the thirty-sixth year after the first tribunes, ten were elected, two from each class; and provision was made that they should be elected in this manner for the future. The levy being then held, Minucius marched out against the Sabines, and found no enemy. Horatius, after the AEquans, having put the garrison at Corbio to the sword, had taken Ortona also, fights a battle at Algidum; he slays a great number; drives the enemy not only from Algidum, but from Corbio and Ortona also. Corbio he razed to the ground for their having betrayed the garrison.

[Footnote 132: Consulare, imperium tribunicio auxilio.—The consuls possessed imperium. The tribunes could not be said to possess it. Their province was confined to auxilii latio, sc. adversus consules.]

31. Marcus Valerius and Spurius Virginius are next elected consuls. Quiet prevailed at home and abroad. They laboured under a scarcity of provisions on account of the excessive rains. A law was proposed regarding the making Mount Aventine public property. The same tribunes of the people being re-elected on the following year, Titus Romilius and Caius Veturius being consuls, strongly recommended the law[133] in all their harangues, "That they were ashamed of their number increased to no purpose, if that question should lie for their two years in the same manner as it had lain for the whole preceding five." Whilst they were most busily employed in these matters, an alarming account comes from Tusculum, that the AEquans were in the Tusculan territory. The recent services of that state made them ashamed of delaying relief. Both the consuls were sent with an army, and find the enemy in their usual post in Algidum. A battle was fought there; upwards of seven thousand of the enemy were slain; the rest were routed; immense booty was obtained. This the consuls sold on account of the low state of the treasury; the proceeding was the cause of dissatisfaction to the army, and it also afforded to the tribunes materials for bringing a charge against the consuls before the commons. Accordingly, as soon as they went out of office, in the consulship of Spurius Tarpeius and Aulus Aterius, a day was appointed for Romilius by Caius Claudius Cicero, tribune of the people; for Veturius, by Lucius Alienus, plebeian aedile. They were both condemned, to the great mortification of the patricians; Romilius to pay ten thousand asses; Veturius, fifteen thousand. Nor did this misfortune of their predecessors render the new consuls more remiss. They said that they too might be condemned, and that the commons and tribunes could not carry the law. Then having thrown up the law, which, in its repeated publication, had now grown old, the tribunes adopted a milder mode of proceeding with the patricians. "That they should at length put an end to their disputes. If plebeian laws displeased them, at least they should suffer legislators (chosen) in common, both from the commons and from the patricians, who would propose measures advantageous to both parties, and such as might tend to the equalization of liberty." This proposal the patricians did not reject. They said that "no one should propose laws, except some of the patricians." When they agreed with respect to the laws, and differed only with respect to the proposer; ambassadors were sent to Athens, Spurius Posthumius Albus, Aulus Manlius, Publius Sulpicius Camerinus; and they were ordered to copy out the celebrated laws of Solon, and to become acquainted with the institutions, customs, and laws of the other states of Greece.

[Footnote 133: It is extraordinary that Livy makes no mention here of Siccius Dentatus, and his strenuous exertions in endeavouring to carry the agrarian law, as well as of his angry contentions with the consuls. For his character, see Dion. x. 31, 32.]

32. The year was undisturbed by foreign wars; the following one was still more quiet, Publius Curiatius and Sextus Quintilius being consuls, the tribunes observing uninterrupted silence, which was occasioned in the first place by their waiting for the ambassadors who had gone to Athens, and for the foreign laws; in the next place, two heavy calamities arose at the same time, famine and pestilence, (which proved) destructive to man, and equally so to cattle. The lands were left desolate; the city exhausted by a constant succession of deaths. Many and illustrious families were in mourning. The Flamen Quirinalis, Servilius Cornelius, died; as also the augur, Caius Horatius Pulvillus; into whose place the augurs elected Caius Veturius, the more eagerly, because he had been condemned by the commons. The consul Quintilius died, and four tribunes of the people. The year was rendered a melancholy one by these manifold disasters; but from an enemy there was perfect quiet. Then Caius Menenius and Publius Sestius Capitolinus were elected consuls. Nor was there in that year any external war: disturbances arose at home. The ambassadors had now returned with the Athenian laws; the tribunes pressed the more urgently, that a commencement should at length be made of compiling the laws. It was resolved that decemvirs should be elected without appeal, and that there should be no other magistrate during that year. There was, for a considerable time, a dispute whether plebeians should be admitted among them: at length the point was given up to the patricians, provided that the Icilian law regarding the Aventine and the other devoting laws were not repealed.

33. In the three hundred and first year after Rome was built, the form of the government was a second time changed, the supreme power being transferred from consuls to decemvirs, as it had passed before from kings to consuls. The change was less remarkable, because not of long duration; for the joyous commencement of that government became too licentious. So much the sooner did the matter fall, and (the usage) was recurred to, that the name and authority of consuls was committed to two persons. The decemvirs appointed were, Appius Claudius, Titus Genucius, Publius Sestius, Lucius Veturius, Caius Julius, Aulus Manlius, Servius Sulpicius, Publius Curiatius, Titus Romilius, Spurius Postumius. On Claudius and Genucius, because they had been elected consuls for that year, the honour was conferred in compensation for the honour (of the consulate); and on Sestius, one of the consuls of the former year, because he had proposed that matter to the senate against the will of his colleague. Next to these were considered the three ambassadors who had gone to Athens; at the same time that the honour might serve as a recompence for so distant an embassy; at the same time they considered that persons acquainted with the foreign laws would be of use in digesting the new code of regulations. Other persons made up the number. They say that persons advanced in years were appointed by the last suffrages, in order that they might oppose with less warmth the opinions of others. The direction of the entire government was rested in Appius through the favour of the commons, and he had assumed a demeanour so new, that from a severe and harsh reviler of the people, he became suddenly a protector of the commons, and a candidate for popular favour. They administered justice to the people one every tenth day. On that day the twelve fasces attended the praefect of justice; one beadle attended each of his nine colleagues, and in the singular harmony among themselves, which unanimity might sometimes prove prejudicial to private persons, the strictest equity was shown to others. It will suffice to adduce a proof of their moderation by instancing one matter. Though they had been appointed without (the privilege of) appeal, yet a dead body having been found buried in the house of Publius Sestius, a man of patrician rank, and this having been brought forward in an assembly, in a matter equally clear and atrocious, Caius Julius, a decemvir, appointed a day of trial for Sestius, and appeared before the people as prosecutor (in a matter) of which he was legally a judge; and relinquished his right, so that he might add what had been taken from the power of the office to the liberty of the people.

34. Whilst the highest and lowest alike experienced from them this prompt administration of justice, impartial, as if from an oracle, then their attention was devoted to the framing of laws; and the ten tables being proposed amid the intense expectation of all, they summoned the people to an assembly: and "what may prove favourable, advantageous, and happy to the commonwealth themselves, and to their children, ordered them to go and read the laws that were exhibited." "That they had equalized the rights of all, both the highest and the lowest, as far as could be devised by the abilities of ten men; that the understanding and counsels of a greater number might prove more successful; that they should turn in their minds each particular within themselves, canvass it in conversation; and bring together under public discussion whatever might seem an excess or deficiency under each particular. That the Roman people should have such laws, as the general consent might appear not so much to have ratified when proposed, as to have proposed from themselves." When they appeared sufficiently corrected according to public opinion (as expressed) regarding each chapter of the laws as it was published, the laws of the ten tables were passed at the assembly voting by centuries; which, even at the present time, amid this immense heap of laws crowded one upon the other, still remain the source of all public and private jurisprudence. A rumour was then spread that two tables were wanting; on the addition of which a body, as it were, of the whole Roman law might be completed. The expectation of this, as the day of election approached, created a desire to appoint decemvirs again. The commons now, besides that they detested the name of consuls as much as that of kings, required not even the tribunitian aid, as the decemvirs in turn submitted to appeal.

35. But when the assembly for electing decemvirs was proclaimed for the third market-day, so strong a flame of ambition blazed forth, that the first men of the state began to canvass individuals, (through fear, I suppose, lest the possession of such high authority might become accessible to persons not sufficiently worthy, if the post were left unoccupied by themselves,) suppliantly soliciting for an honour, which had been opposed by them with all their might, from that commons with whom they had so often contended. Their dignity now lowered to the risk of a contest, at such an age, and after passing through such honours, stimulated the exertions of Appius Claudius. You would not know whether to reckon him among the decemvirs or the candidates; he resembled more closely one canvassing for the office than one invested with it; he aspersed the nobility, extolled every most insignificant and humble candidate; surrounded by the Duilii and Icilii who had been tribunes, he bustled about the forum, through their means he recommended himself to the commons; until his colleagues even, who till then had been extremely devoted to him, turned their eyes on him, wondering what he meant. It was evident to them, that there was no sincerity in it; "that certainly such affability amid such pride would not be for nothing. That this excessive lowering of himself, and putting himself on a level with private citizens, was not so much the conduct to be expected from one hastening to go out of office, as of one seeking the means of continuing that office." Not daring openly to oppose his wishes, they set about baffling his ardour by humouring it. They by common consent confer on him, as being the youngest, the office of presiding at the elections. This was an artifice, that he might not appoint himself; which no one ever did, except the tribunes of the people, and that too with the very worst precedent. He, however, declaring that with the favour of fortune he would preside at the elections, seized on the (intended) obstacle[134] as a happy occasion; and having by a coalition foiled the two Quintii, Capitolinus and Cincinnatus, and his own uncle, Caius Claudius, a man most stedfast in the interest of the nobility, and other citizens of the same eminence, he appoints as decemvirs men by no means equal in rank of life: himself in the first instance, which proceeding honourable men disapproved so much the more, as no one had imagined that he would have the daring to act so. With him were elected Marcus Cornelius-Maluginensis, Marcus Sergius, Lucius Minutius, Quintus Fabius Vibulanus, Quintus Poetelius, Titus Antonius Merenda, Caeso Duilius, Spurius Oppius Cornicen, Manius Rabuleius.[135]

[Footnote 134: Impedimentum. The fact of his presiding at the meeting should have been a bar to his being elected a decemvir.]

[Footnote 135: Niebuhr will have it that five of these were of plebeian rank.]

36. This was the end of Appius's assumption of a character not his own. Henceforward he began to live according to his own natural disposition, and to mould to his own temper his new colleagues before they should enter on their office. They held daily meetings remote from witnesses: then, furnished with their schemes of tyranny,[136] which they digested apart from others, no longer dissembling their arrogance, difficult of access, morose to all who addressed them, they carried out the matter to the ides of May. The ides of May were at that time the usual period for commencing office. At the commencement then of their magistracy, they rendered the first day of their office remarkable by making an exhibition of great terror. For when the preceding decemvirs had observed the rule, that only one should have the fasces, and that this emblem of royalty should pass through all in rotation, to each in his turn, they all suddenly came forth with the twelve fasces. One hundred and twenty lictors filled the forum, and carried before them the axes tied up with the fasces: and they explained that it was of no consequence that the axe should be taken away, as they had been appointed without the privilege of appeal.[137] There was the appearance of ten kings, and terrors were multiplied not only in the humblest individuals, but even in the principal men among the patricians, who thought that a pretext and commencement of bloodshed were sought for; so that if any one should utter a word favourable to liberty, either in the senate or in a meeting of the people, the rods and axes would be instantly brought forward, even to intimidate the rest. For besides that there was no protection in the people, the right of appeal being done away with, they had also by mutual consent prohibited interference with each other:[138] whereas the preceding decemvirs had allowed the points of law decided by themselves to be amended by appeal to a colleague, and had referred to the people some points which might seem to come within their own jurisdiction. For a considerable time the terror seemed equalized among all ranks; gradually it began to turn entirely on the commons. They spared the patricians; arbitrary and cruel treatment was shown to the humbler classes: they were wholly respective of the person, not of the cause: as being persons with whom interest usurped the force of justice. Their decisions they concerted at home, and pronounced in the forum. If any person appealed to a colleague, he left the one to whom he had appealed in such a manner as to regret that he had not abided by the sentence of the former. An opinion also had gone abroad without an authority, that they had conspired in their tyranny not only for the present time, but that a clandestine league had been struck among them (accompanied) with an oath, that they would not hold the comitia, and that by perpetuating the decemvirate they would retain the power now in their possession.

[Footnote 136: Impotentibus, sc. immoderatis—rari aditus, the genitive singular.—Stroth.]

[Footnote 137: Nec attinuisse demi securim, quum sine provocatione creati essent, interpretabantur. Valerius Publicola had introduced the custom of not having the axes tied up with the fasces when carried before the consuls in the city. But the decemvirs said that this was, because an appeal from the consuls to the people was allowed. Whence, since their jurisdiction allowed of no appeal, they interpreted, i. e. by interpreting the meaning or intention of this custom, they concluded that they were not bound by it, and that there was no reason why they should remove the axes from the fasces.—Crev.]

[Footnote 138: Provocatione—intercessionem. The provocatio was to the people, whilst the intercessio referred to the decemvirs against a colleague.]

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 AEquans 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 praebendo.]

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 Paetelius, being sent with him. Marcus Cornelius was sent to Algidum with Lucius Menucius and Titus Antonius, and Caeso 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 AEquans. Having fled from Eretum during the silence of the night, they fortified their camp nearer to the city, on an elevated situation between Fidenae 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 Fidenae 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 vindiciae 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.