Marcus Valerius and Spurius Verginius were next elected consuls.

Quiet prevailed at home and abroad. The people were distressed for provisions on account of the excessive rains. A law was proposed to make Mount Aventine public property. [39] The same tribunes of the people were re-elected. In the following year, t.i.tus Romilius and Gaius Veturius being consuls, they strongly recommended the law in all their harangues, declaring that they were ashamed that their number had been increased to no purpose, it that matter should be neglected during their two years in the same manner as it had been during the whole preceding five. While they were most busily employed in these matters, an alarming message came from Tusculum that the aequans were in Tusculan territory. The recent services of that state made them ashamed of delaying relief. Both the consuls were sent with an army, and found the enemy in their usual post in Algidum. There a battle was fought: upward of seven thousand of the enemy were slain, the rest were put to flight: immense booty was obtained. This the consuls sold on account of the low state of the treasury. This proceeding, however, brought them into odium with the army, and also afforded the tribunes material 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 Aternius, a day of trial was appointed for Romilius by Gaius Calvius 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 a.s.ses, Veturius fifteen thousand. Nor did this misfortune of their predecessors render the new consuls more timid. They said that on the one hand they might be condemned, and that on the other the commons and tribunes could not carry the law. Then, having abandoned the law, which, by being repeatedly brought forward, had now lost consideration, the tribunes, adopted a milder method of proceeding with the patricians. Let them, said they, at length put an end to disputes. If laws drawn up by plebeians displeased them, at least let them allow legislators to be chosen in common, both from the commons and from the patricians, who might propose measures advantageous to both parties, and such as would tend to the establishment of liberty on principles of equality. The patricians did not disdain to accept the proposal. They claimed that no one should propose laws, except he were a patrician. When they agreed with respect to the laws, and differed only in regard to the proposer, amba.s.sadors were sent to Athens, Spurius Postumius Albus, Aulus Manlius, Publius Sulpicius Camerinus, who were ordered to copy out the celebrated laws of Solon, and to make themselves acquainted with the inst.i.tutions, customs, and laws of the other states of Greece.

The year was peaceful as regards foreign wars; the following one, when Publius Curiatius and s.e.xtus Quinctilius were consuls, was still more quiet, owing to the tribunes observing uninterrupted silence, which was occasioned in the first place by their waiting for the return of the amba.s.sadors who had gone to Athens, and for the account of the foreign laws; in the next place, two grievous calamities arose at the same time, famine and pestilence, destructive to man, and equally so to cattle. The lands were left desolate; the city exhausted by a constant succession of deaths. Many ill.u.s.trious families were in mourning. The Flamen Quirinalis, [40]Servius Cornelius, died; also the augur, Gaius Horatius Pulvillus; in his place the augurs elected Gaius Veturius, and that with all the more eagerness, because he had been condemned by the commons. The consul Quinctilius died, and four tribunes of the people. The year was rendered a melancholy one by these manifold disasters; as far as foreign foes were concerned there was perfect quiet. Then Gaius Menenius and Publius Sestius Capitolinus were elected consuls. Nor in that year was there any foreign war: but disturbances arose at home. The amba.s.sadors had now returned with the Athenian laws; the tribunes therefore insisted the more urgently that a beginning should at length be made of compiling the laws. It was resolved that decemvirs should be elected to rule 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 conceded to the patricians, provided that the Icilian law regarding the Aventine and the other devoting laws were not repealed.

In the three hundred and second year after the foundation of Rome, the form of government was a second time changed, the supreme power being transferred from consuls to decemvirs as it had pa.s.sed before from kings to consuls. The change was less remarkable, because not of long duration; for the joyous commencement of that government afterward ran riot through excess. On that account the sooner did the arrangement fall to the ground, and the practice was revived, that the name and authority of consuls should be committed to two persons. The decemvirs appointed were, Appius Claudius, t.i.tus Genucius, Publius Sestius, Lucius Veturius, Gaius Julius, Aulus Manlius, Publius Sulpicius, Publius Curiatius, t.i.tus Romilius, Spurius Postumius. On Claudius and Genucius, because they had been consuls elect 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 the plan itself to the senate against the will of his colleague. Next to these were considered the three amba.s.sadors who had gone to Athens, so that the honour might serve at once as a recompense for so distant an emba.s.sy, while at the same time they considered that persons acquainted with the foreign laws would be of use in drawing up the new code of justice. The others made up the number. They say that also 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 rested with Appius through the favour of the commons, and he had a.s.sumed a demeanour so different that, from being a severe and harsh persecutor of the people, he became suddenly a courter of the commons, and strove to catch every breath of popular favour. They administered justice to the people individually every tenth day. On that day the twelve fasces attended the administrator of justice; one officer attended each of his nine colleagues, and in the midst of the singular unanimity that existed among themselves--a harmony that sometimes proves prejudicial to private persons--the strictest equity was shown to others. In proof of their moderation it will be enough to instance a single case as an example. Though they had been appointed to govern without appeal, yet, upon a dead body being found buried in the house of Publius Sestius,[41] a man of patrician rank, and produced in the a.s.sembly, Gaius Julius, a decemvir, appointed a day of trial for Sestius, in a matter at once clear and heinous, and appeared before the people as prosecutor of the man whose lawful judge he was if accused: and relinquished his right,[42] so that he might add what had been taken from the power of the office to the liberty of the people.

While highest and lowest alike obtained from them this prompt administration of justice, undefiled, as if from an oracle, at the same time 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 a.s.sembly: and ordered them to go and read the laws that were exhibited, [43] and Heaven grant it might prove favourable, advantageous, and of happy result to the commonwealth, themselves, and their children. 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 had greater weight; let them turn over in their minds each particular among themselves, discuss it in conversation, and bring forward for public discussion whatever might be superfluous or defective under each particular: that the Roman people should have such laws only as the general consent might appear not so much to have ratified when proposed as to have itself proposed. When they seemed sufficiently corrected in accordance with public opinion regarding each section of the laws as it was published, the laws of the ten tables were pa.s.sed at the a.s.sembly voting by centuries, which, even at the present time, amid the immense heap of laws crowded one upon the other, still remain the source of all public and private jurisprudence. A rumour then spread that two tables were needed, on the addition of which a digest, as it were, of the whole Roman law could be completed. The desire for this gave rise, as the day of election approached, to a request that decemvirs be appointed again.

The commons by this time, besides that they detested the name of consuls no less than that of kings, did not even require the tribunician aid, as the decemvirs in turn allowed an appeal.

But when the a.s.sembly for the election of decemvirs was proclaimed for the third market-day, the flame of ambition burst out so powerfully that even the first men of the state began to canva.s.s individuals--fearing, I suppose, that the possession of such high authority might become accessible to persons not sufficiently worthy if the post were left unoccupied by themselves--humbly soliciting, from those very commons with whom they had often contended, an honour which had been opposed by them with all their might. The fact of their dignity being now laid aside in a contest, at their time of life, and after they had filled such high official positions, stimulated the exertions of Appius Claudius. You would not have known whether to reckon him among the decemvirs or the candidates; he resembled at times more closely one canva.s.sing for office than one invested with it; he aspersed the n.o.bles, extolled all the most unimportant and insignificant candidates; surrounded by the Duellii and Icilii who had been tribunes, he himself bustled about the forum, through their means he recommended himself to the commons; until even his colleagues, who till then had been devoted to him heart and soul, turned their eyes on him, wondering what he was about. It was evident to them that there was no sincerity in it; that such affability amid such pride would surely prove not disinterested. That this excessive lowering of himself, and condescending to familiarity with private citizens, was characteristic not so much of one eager to retire from office, as of one seeking the means of continuing that office. Not daring openly to oppose his wishes, they set about mitigating his ardour by humouring it. They by common consent conferred on him, as being the youngest, the office of presiding at the elections. This was an artifice, to prevent his appointing himself; which no one ever did, except the tribunes of the people, and that with the very worst precedent. He, however, declaring that, with the favour of fortune, he would preside at the elections, seized upon what should have been an obstacle as a lucky opportunity: and having succeeded by a coalition in keeping out of office the two Quinctii, Capitolinus and Cincinnatus, and his own uncle Gaius Claudius, a man most steadfast in the cause of the n.o.bility, and other citizens of equal eminence, he secured the appointment as decemvirs of men by no means their equals distinction--himself in the first instance, a proceeding which honourable men disapproved of greatly, as no one believed that he would have ventured to do it. With him were elected Marcus Cornelius Maluginensis, Marcus Sergius, Lucius Minucius, Quintus Fabius Vibula.n.u.s, Quintus Poetilius, t.i.tus Antonius Merenda, Caeso Duilius, Spurius Oppius Cornicen, Manius Rabuleius.

This was the end of Appius's playing a part at variance with his disposition. Henceforward he began to live according to his natural character, and to mould to his own temper his new colleagues before they entered upon office. They daily held meetings in private: then, instructed in their unruly designs, which they concocted apart from others, now no longer dissembling their arrogance, difficult of access, captious to all who conversed with them, they protracted the matter until the ides of May. The ides of May was at that time the usual period for beginning office. Accordingly, at the attainment of their magistracy, they rendered the first day of their office remarkable by threats that inspired great terror. For, while the preceding decemvirs had observed the rule, that only one should have the fasces, and that this emblem of royalty should pa.s.s to all in rotation, to each in his turn, lo! On a sudden they all came forth, each with twelve fasces. One hundred and twenty lictors filled the forum, and carried before them the axes tied up with the fasces,[44]

giving the explanation that it was of no consequence that the axe should be taken away, since they had been appointed without appeal.

There appeared to be ten kings, and terrors were multiplied not only among the humblest individuals, but even among the princ.i.p.al men of the patricians, who thought that an excuse for the beginning of bloodshed was being sought for: so that, if any one should have uttered a word that hinted at liberty, either in the senate or in a meeting of the people, the rods and axes would also instantly be brought forward, for the purpose of intimidating the rest. For, besides that there was no protection in the people, as the right of appeal had been abolished, they had also by mutual consent prohibited interference with each other: whereas the preceding decemvirs had allowed the decisions p.r.o.nounced by themselves to be amended by appeal to any one of their colleagues, and had referred to the people some points which seemed naturally to come within their own jurisdiction.

For a considerable time the terror seemed equally distributed among all ranks; gradually it began to be directed entirely against the commons. While they spared the patricians, arbitrary and cruel measures were taken against the lower cla.s.ses. As being persons with whom interest usurped the force of justice, they all took account of persons rather than of causes. They concerted their decisions at home, and p.r.o.nounced them in the forum. If any one appealed to a colleague, he departed from the one to whom he had appealed in such a manner that he regretted that he had not abided by the sentence of the former. An irresponsible rumour had also gone abroad that they had conspired in their tyranny not only for the present time, but that a clandestine league had been concluded among them on oath, that they would not hold the comitia, but by perpetuating the decemvirate would retain supreme power now that it had once come into their possession.

The plebeians then began narrowly to watch the countenances of the patricians, and to strive to catch a glimpse 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 undeserved. They were unwilling to a.s.sist men who, by rushing too eagerly toward liberty, had fallen into slavery: they even heaped injuries on them, that, from disgust at the present state of things, two consuls and the former const.i.tution might at length be regretted.

By this time the greater part of the year had pa.s.sed, and two tables of laws had been added to the ten tables of the former year; and if these laws also had been pa.s.sed in the a.s.sembly of the centuries, there would now have remained no reason why the republic should require that form of government. They were anxiously waiting to see how long it would be before the a.s.sembly would be proclaimed for the election of consuls. The only thing that troubled the commons was by what means they should re-establish the tribunician power, that bulwark of their liberty, now so long discontinued, no mention in the meantime being made of the elections. Further, the decemvirs, who had at first exhibited themselves to the people surrounded by men of tribunician rank, because that was deemed popular, now guarded themselves by bands of young patricians: crowds of these beset the tribunals. They harried the commons, and plundered their effects: when fortune was on the side of the more powerful individual in regard to whatever was coveted. And now they spared not even their persons: some were beaten with rods, others had to submit to the axe; and, that such cruelty might not go unrewarded, a grant of his effects followed the punishment of the owner. Corrupted by such bribes, the young n.o.bles not only made no opposition to oppression, but openly avowed a preference for their own selfish gratification rather than for the liberty of all.

The ides of May came round. Without any magistrates being elected in place of those retiring, private persons [45]came forward as decemvirs, without any abatement either in their determination to enforce their authority, or any alteration in the insignia displayed as outward signs of office. That indeed seemed undoubted regal tyranny. Liberty was now deplored as lost forever: no champion of it stood forth, or seemed likely to do so. And not only were the Romans themselves sunk in despondency, but they began to be looked down upon by the neighbouring states, who felt indignant that sovereign power should be in the hands of a state where liberty did not exist. The Sabines with a numerous body of men made an incursion into Roman territory; and having committed extensive devastations, after they had driven off with impunity booty of men and cattle, they recalled their troops, which had been dispersed in different directions, to Eretum, where they pitched their camp, grounding their hopes on the dissensions at Rome, which they expected would prove an obstruction to the levy. Not only the couriers, but also the flight of the country people through the city inspired them with alarm. The decemvirs, left in a dilemma between the hatred of the patricians and people, took counsel what was to be done. Fortune, moreover, brought an additional cause of alarm. The AEquans on the opposite side pitched their camp at Algidum, and by raids from there ravaged Tusculan territory. News of this was brought by amba.s.sadors from Tusculum imploring a.s.sistance.

The panic thereby occasioned urged the decemvirs to consult the senate, now that two wars at once threatened the city. They ordered the patricians to be summoned into the senate-house, well aware what a storm of resentment was ready to break upon them; they felt that all would heap upon them the blame for the devastation of their territory, and for the dangers that threatened; and that that would give them an opportunity of endeavouring to abolish their office, if they did not unite in resisting, and by enforcing their authority with severity on a few who showed an intractable spirit repress the attempts of others.

When the voice of the crier was heard in the forum summoning the senators into the senate-house to the presence of the decemvirs, this proceeding, as altogether new, because they had long since given up the custom of consulting the senate, attracted the attention of the people, who, full of surprise, wanted to know what had happened, and why, after so long an interval they were reviving a custom that had fallen into abeyance: stating that they ought to thank the enemy and the war, that any of the customs of a free state were complied with.

They looked around for a senator through all parts of the forum, and seldom recognised one anywhere: they then directed their attention to the senate-house, and to the solitude around the decemvirs, who both themselves judged that their power was universally detested, while the commons were of opinion that the senators refused to a.s.semble because the decemvirs, now reduced to the rank of private citizens, had no authority to convene them: that a nucleus was now formed of those who would help them to recover their liberty, if the commons would but side with the senate, and if, as the patricians, when summoned, refused to attend the senate, so also the commons would refuse to enlist. Thus the commons grumbled. There was hardly one of the patricians in the forum, and but very few in the city. In disgust at the state of affairs, they had retired into the country, and busied themselves only with their private affairs, giving up all thought of state concerns, considering that they themselves were out of reach of ill-treatment in proportion as they removed themselves from the meeting and converse of their imperious masters. When those who had been summoned did not a.s.semble, state messengers were despatched to their houses, both to levy the penalties,[46] and to make inquiries whether they purposely refused to attend. They brought 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 commanded them all to be summoned, and proclaimed a meeting of the senate for the following day, which a.s.sembled in much greater numbers than they themselves had expected. By this 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 mere private individuals, were it not for the violence displayed by them.

However, they showed more obedience in coming into the senate than obsequiousness in the opinions expressed by them, as we have learned.

It is recorded that, after Appius Claudius laid the subject of debate before the meeting, and before their opinions were asked in order, Lucius Valerius Pot.i.tus excited a commotion, by demanding permission to express his sentiments concerning the state, and--when the decemvirs prevented him with threats [47]--by declaring that he would present himself before the people. It is also recorded 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 the kings had been expelled. Nor was it the mere name that men were then disgusted with, as being that by which it was proper that Jupiter should be styled, as also Romulus, the founder of the city, and the succeeding kings, and a name too which had been retained also for the ceremonies of religion,[48] as a solemn one; that it was the tyranny and arrogance of a king they then detested: and if these were not to be tolerated in that same king or the son of a king, who would tolerate it in so many private citizens? Let them beware lest, by preventing persons from expressing their sentiments freely in the senate, they obliged 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 a.s.sembly, than for them to convene the senate. They might try, whenever they pleased, how much more determined a sense of wrong would be found to be, when it was a question of vindicating one's own liberty, than ambition, when the object was to preserve an unjust dominion. That they proposed the question concerning the war with the Sabines, 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 possessed the fasces and regal dominion. That after the expulsion of the kings, patrician magistrates had been appointed, and subsequently, after the secession of the people, plebeian magistrates. What party was it, he asked, to which they belonged? To the popular party? What had they ever done with the concurrence of the people? To the party of the n.o.bles? Who for now nearly an entire year had not held a meeting of the senate, and then held one in such a manner that they prevented the expression of sentiments regarding the commonwealth? Let them not place too much hope in the fears of others; the grievances which they were now suffering appeared to men more oppressive than any they might apprehend.

While Horatius was exclaiming thus and the decemvirs could not discover the proper bounds either of their anger or forbearance, nor saw how the matter would end, Gaius Claudius, who was the uncle of Appius the decemvir, delivered an address more in the style of entreaty than reproach, beseeching him by the shade of his 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, adding that he besought this much more on Appius's own account, than for the sake of the commonwealth.

For the commonwealth would claim its rights in spite of them, if it could not obtain them with their consent: that however, from a great contest great animosities were generally aroused: it was the result of the latter that he dreaded. Though the decemvirs forbade them to speak on any subject save that which they had submitted to them, they felt too much respect for Claudius to interrupt him He therefore concluded the expression of his opinion by moving that it was their wish that no decree of the senate should be pa.s.sed. And all understood the matter thus, that they were judged by Claudius to be private citizens;[49]

and many of those of consular standing expressed their a.s.sent in words. Another measure, more severe in appearance, which ordered the patricians to a.s.semble to nominate an interrex, in reality had much less force; for by this motion the mover gave expression to a decided opinion that those persons were magistrates of some kind or other who might hold a meeting of the senate, while he who recommended that no decree of the senate should be pa.s.sed, had thereby declared them private citizens. When the cause of the decemvirs was now failing, Lucius Cornelius Maluginensis, brother of Marcus Cornelius the decemvir, having been purposely reserved from among those of consular rank to close the debate, by affecting an anxiety about the war, defended his brother and his colleagues by declaring that he wondered by what fatality it had occurred, that those who had been candidates for the decemvirate, either these or their friends, had above all others attacked the decemvirs: or why, when no one had disputed for so many months while the state was free from anxiety, whether legal magistrates were at the head of affairs, they now at length sowed the seeds of civil discord, when the enemy were nearly at the gates, except it were that in a state of confusion they thought that their object would be less clearly seen through. For the rest, it was unfair that any one should prejudge a matter of such importance, while their minds were occupied with a more momentous concern. It was his opinion that, in regard to what Valerius and Horatius alleged--that the decemvirs had gone out of office before the ides of May--the matter should be discussed in the senate and left to them to decide, when the wars which were now impending were over, and the commonwealth restored to tranquility, and that Appius Claudius was even now preparing to take notice that an account had to be rendered by him of the election which he himself as decemvir 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 disregarded for the present, except the war; and if they thought that the reports regarding it were propagated without foundation, and that not only the messengers but also the amba.s.sadors of the Tusculans had stated what was false, he thought that scouts should be dispatched to bring back more certain information; but if credit were given both to the messengers and the amba.s.sadors, that the levy should be held at the very earliest opportunity; that the decemvirs should lead the armies, whither each thought proper: and that no other matter should take precedence.

The junior patricians almost succeeded in getting this resolution pa.s.sed on a division. Accordingly, Valerius and Horatius, rising again with greater vehemence, loudly demanded that it should be allowed them to express their sentiments concerning the republic; that they would address a meeting of the people, if owing to party efforts they were not allowed to do so in the senate: for that private individuals, whether in the senate or in a general a.s.sembly, could not prevent them: nor would they yield to their imaginary fasces. Appius, now considering that the crisis was already nigh at hand, when their authority would be overpowered, unless the violence of these were resisted with equal boldness, said, "It will be better for you not to utter a word on any subject, except the subject of discussion"; and against Valerius, when he refused to be silent for a private individual, he commanded a lictor to proceed. When Valerius, from the threshold of the senate-house, now craved the protection of the citizens, Lucius Cornelius, embracing Appius, put an end to the struggle, not in reality consulting the interest of him whose interest he pretended to consult;[50] and after permission to say what he pleased had been obtained for Valerius by means of Cornelius, when this liberty did not extend beyond words, the decemvirs attained their object. The men of consular rank also and senior members, from the hatred of tribunician power still rankling in their bosoms, the longing for which they considered was much more keenly felt by the commons than for the consular power, almost preferred that the decemvirs themselves should voluntarily resign their office at some future period, than that the people should once more become prominent through hatred against these. If the matter, quietly conducted, 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 was proclaimed without objection on the part of the patricians; the young men answered to their names, as the government was without appeal. The legions having been enrolled, the decemvirs proceeded to arrange among themselves who should set out to the war, who should command the armies. The leading men among the decemvirs were Quintus Fabius and Appius Claudius. The war at home appeared more serious than abroad. The decemvirs considered the violence of Appius better suited to suppress commotions in the city; that Fabius possessed a disposition rather lacking in firmness in a good purpose than energetic in a bad one. For this man, formerly distinguished at home and abroad, had been so altered by his office of decemvir and the influence of his colleagues that he chose rather to be like Appius than like himself. To him the war among the Sabines was intrusted, Manius Rabuleius and Quintus Paetilius being sent with him as colleagues. Marcus Cornelius was sent to Algidum with Lucius Minucius, t.i.tus Antonius, Caeso Duillius, and Marcus Sergius: they appointed Spurius Oppius to a.s.sist Appius Claudius in protecting the city, while all the decemvirs were to enjoy equal authority.

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 entire blame lay with the soldiers, who, lest any enterprise should be successfully conducted under the leadership and auspices of the decemvirs, suffered themselves to be beaten, to their own disgrace and that of their generals. Their armies were routed both by the Sabines at Eretum, and by the aequans in Algidum. Fleeing from Eretum during the silence of the night, they fortified their camp nearer the city, on an elevated position between Fidenae and Crustumeria; nowhere encountering on equal ground the enemy who pursued them, they protected themselves by the nature of the ground and a rampart, not by valour or arms. Their conduct was more disgraceful, and greater loss also was sustained in Algidum; their camp too was lost, and the soldiers, stripped of all their arms, munitions, and supplies, betook themselves to Tusculum, determined to procure the means of subsistence from the good faith and compa.s.sion of their hosts, and in these, notwithstanding their conduct, they were not disappointed. Such alarming accounts were brought to Rome, that the patricians, having now laid aside their hatred of the decemvirs, pa.s.sed an order that watches should be held in the city, and commanded that all who were not hindered by reason of their age from carrying arms, should mount guard on the walls, and form outposts before the gates; they also voted that arms should be sent to Tusculum, besides a re-enforcement; and that the decemvirs should come down from the citadel of Tusculum and keep their troops encamped; that the other camp should be removed from Fidenas into Sabine territory, and the enemy, by their thus attacking them first, should be deterred from entertaining any idea of a.s.saulting the city.

In addition to the reverses sustained at the hands of the enemy, the decemvirs were guilty of two monstrous deeds, one abroad, and the other in the city. They sent Lucius Siccius, who was quartered among the Sabines, to take observations for the purpose of selecting a site for a camp: he, availing himself of the unpopularity of the decemvirs, was introducing, in his secret conversations with the common soldiers, suggestions of a secession and the election of tribunes: the soldiers, whom they had sent to accompany him in that expedition, were commissioned to attack him in a convenient place and slay him. They did not kill him with impunity; several of the a.s.sa.s.sins fell around him, as he offered resistance, since, possessing great personal strength and displaying courage equal to that strength, he defended himself against them, although surrounded. The rest brought news into the camp that Siccius, while fighting bravely, had fallen into an ambush, and that some soldiers had been lost with him. At first the account was believed; afterward a party of men, who went by permission of the decemvirs to bury those who had fallen, when they observed that none of the bodies there were stripped, and that Siccius lay in the midst fully armed, and that all the bodies were turned toward him, while there was neither the body of any of the enemy, nor any traces of their departure, brought back his body, saying that he had a.s.suredly been slain by his own men. The camp was now filled with indignation, and it was resolved that Siccius should be forthwith brought to Rome, had not the decemvirs hastened to bury him with military honours at the public expense. He was buried amid the great grief of the soldiery, and with the worst possible infamy of the decemvirs among the common people.

Another monstrous deed followed in the city, originating in l.u.s.t, and attended by results not less tragical than that deed which had brought about the expulsion of the Tarquins from the city and the throne through the violation and death of Lucretia: so that the decemvirs not only came to the same end as the kings, but the reason also of their losing their power was the same. Appius Claudius was seized with a criminal pa.s.sion for violating the person of a young woman of plebeian rank. Lucius Verginius, the girl's father, held an honourable rank among the centurions at Algidum, a man who was a pattern of uprightness both at home and in the service. His wife and children were brought up in the same manner. He had betrothed his daughter to Lucius Icilius, who had been tribune, a man of spirit and of approved zeal in the interest of the people. Appius, burning with desire, attempted to seduce by bribes and promises this young woman, now grown up, and of distinguished beauty; and when he perceived that all the avenues of his l.u.s.t were barred by modesty, he turned his thoughts to cruel and tyrannical violence. Considering that, as the girl's father was absent, there was an opportunity for committing the wrong; he instructed a dependent of his, Marcus Claudius, to claim the girl as his slave, and not to yield to those who demanded her enjoyment of liberty pending judgment. The tool of the decemvir's l.u.s.t laid hands on the girl as she was coming into the forum--for there the elementary schools were held in booths--calling her the daughter of his slave and a slave herself, and commanded her to follow him, declaring that he would drag her off by force if she demurred. The girl being struck dumb with terror, a crowd collected at the cries of her nurse, who besought the protection of the citizens. The popular names of her father, Verginius, and of her betrothed, Icilius, were in every one's mouth. Esteem for them gained the good-will of their acquaintances, the heinousness of the proceeding, that of the crowd. She was now safe from violence, forasmuch as the claimant said that there was no occasion for rousing the mob; that he was proceeding by law, not by force. He summoned the girl into court. Her supporters advising her to follow him, they reached the tribunal of Appius. The claimant rehea.r.s.ed the farce well known to the judge, as being in presence of the actual author of the plot, that the girl, born in his house, and clandestinely transferred from thence to the house of Verginius, had been fathered on the latter: that what he stated was established by certain evidence, and that he would prove it, even if Verginius himself, who would be the princ.i.p.al sufferer, were judge: that meanwhile it was only fair the servant should accompany her master.

The supporters of Verginia, after they had urged that Verginius was absent on business of the state, that he would be present in two days if word were sent to him, and that it was unfair that in his absence he should run any risk regarding his children, demanded that Appius should adjourn the whole matter till the arrival of the father; that he should allow the claim for her liberty pending judgment according to the law pa.s.sed by himself, and not allow a maiden of ripe age to encounter the risk of her reputation before that of her liberty.

Appius prefaced his decision by observing that the very same law, which the friends of Verginius put forward as the plea of their demand, showed how strongly he himself was in favour of liberty: that liberty, however, would find secure protection in the law on this condition only, that it varied neither with respect to cases or persons. For with respect to those individuals who were claimed as free, that point of law was good, because any citizen could proceed by law in such a matter: but in the case of her who was in the hands of her father, there was no other person in whose favour her master need relinquish his right of possession.[51] That it was his decision, therefore, that her father should be sent for: that, in the meantime, the claimant should not be deprived of the right, which allowed him to carry off the girl with him, at the same time promising that she should be produced on the arrival of him who was called her father.

When there were many who murmured against the injustice of this decision rather than any one individual who ventured to protest against it, the girl's great-uncle, Publius Numitorius, and her betrothed, Icilius, appeared on the scene: and, way being made for them through the crowd, the mult.i.tude thinking that Appius could be most effectually resisted by the intervention of Icilius, the lictor declared that he had decided the matter, and attempted to remove Icilius, when he began to raise his voice. Such a monstrous injustice would have fired even a cool temper. "By the sword, Appius," said he, "must I be removed hence, that you may secure silence about that which you wish to be concealed. This young woman I am about to marry, to have and to hold as my lawful wife. Wherefore call together all the lictors of your colleagues also; order the rods and axes to be got ready: the betrothed wife of Icilius shall not pa.s.s the night outside her father's house. No: 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 the maintenance of our liberty, absolute authority has not therefore been given to your l.u.s.t over our wives and children.

Vent your fury on our backs and necks; let chast.i.ty at least be secure. If violence shall be offered to her, I shall implore the protection of the citizens here present on behalf of my betrothed, Verginius that of the soldiers on behalf of his only daughter, all of us the protection of G.o.ds 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. Verginius, when he comes, will see to it, what conduct he is to pursue with respect to his daughter: only let him be a.s.sured of this, that if he yields to the claims of this man, he will have to look out for another match for his daughter. As for my part, in vindicating the liberty of my spouse, life shall leave me sooner than honour."

The mult.i.tude was now roused, and a contest seemed threatening. The lictors had taken their stand around Icilius; they did not, however, proceed beyond threats, while Appius said that it was not Verginia who was being defended by Icilius, but that, being a restless man, and even now breathing the spirit of the tribuneship, he was seeking an opportunity for creating a disturbance. That he would not afford him the chance of doing so on that day; but in order that he might now know that the concession had been made not to his petulance, but to the absent Verginius, to the name of father and to liberty, that he would not decide the case on that day, nor introduce a decree: that he would request Marcus Claudius to forego somewhat of his right, and to suffer the girl to be bailed till the next day. However, unless the father attended on the following day, he gave notice to Icilius and to men like Icilius, that, as the framer of it, he would maintain his own law, as a decemvir, his firmness: that he would certainly not a.s.semble the lictors of his colleagues to put down the promoters of sedition; that he would be content with his own. When the time of this act of injustice had been 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 straight to the city gate, and that Verginius should be summoned from the camp with all possible haste: that the safety of the girl depended on his being present next day at the proper time, to protect her from wrong. They proceeded according to directions, and galloping at full speed, carried the news to her father. When the claimant of the maiden was pressing Icilius to lay claim to her, and give bail for her appearance, and Icilius said that that was the very thing that was being done, purposely wasting the time, until the messengers sent to the camp should finish their journey, the mult.i.tude raised their hands on all sides, and every one showed himself ready to go surety for Icilius. And he, with his eyes full of tears, said: "This is a great favour; to-morrow I will avail myself of your a.s.sistance: at present I have sufficient sureties." Thus Verginia was bailed on the security of her relations. Appius, having delayed a short time, that he might not appear to have sat on account of that case alone, when no one made application to him, all other concerns being set aside owing to the interest displayed in this one case, betook himself home, and wrote to his colleague in the camp, not to grant leave of absence to Verginius, and even to keep him in confinement. This wicked scheme was too late, as it deserved: for Verginius, having already obtained his leave had set out at the first watch, while the letter regarding his detention was delivered on the following morning without effect.

But in the city, at daybreak, when the citizens were standing in the forum on the tiptoe of expectation, Verginius, clad in mourning, conducted his daughter, also shabbily attired, attended by some matrons, into the forum, with a considerable body of supporters. He there began to go around and solicit people: and not only entreated their aid given out of kindness, but demanded it as a right: saying that he stood daily in the field of battle in defence of their wives and children, nor was there any other man, whose brave and intrepid deeds in war could be recorded in greater numbers. What availed it, if, while the city was secure from dangers, their children had to endure these calamities, which were the worst that could be dreaded if it were taken? Uttering these words just like one delivering a public harangue, he solicited the people individually. Similar arguments were put forward by Icilius: the attendant throng of women produced more effect by their silent tears than any words. With a mind stubbornly proof against all this--such an attack of frenzy, rather than of love, had perverted his mind--Appius ascended the tribunal, and when the claimant went on to complain briefly, that justice had not been administered to him on the preceding day through party influence, before either he could go through with his claim, or an opportunity of reply was afforded to Verginius, Appius interrupted him. The preamble with which he prefaced his decision, ancient authors may have handed down perhaps with some degree of truth; but since I nowhere find any that is probable in the case of so scandalous a decision, I think it best to state the bare fact, which is generally admitted, that he pa.s.sed a sentence consigning her to slavery. At first a feeling of bewilderment astounded all, caused by amazement at so heinous a proceeding: then for some time silence prevailed. Then, when Marcus Claudius proceeded to seize the maiden, while the matrons stood around, and was met by the piteous lamentations of the women, Verginius, menacingly stretching forth his hands toward Appius, said: "To Icilius, and not to you, Appius, have I betrothed my daughter, and for matrimony, not for prost.i.tution, have I brought her up. Would you have men gratify their l.u.s.t promiscuously, like cattle and wild beasts? Whether these persons will endure such things, I know not; I do not think that those will do so who have arms in their hands."

When the claimant of the girl was repulsed by the crowd of women and supporters who were standing around her, silence was proclaimed by the crier.

The decemvir, as if he had lost his reason owing to his pa.s.sion, stated that not only from Icilius's abusive harangue of the day before, and the violence of Verginius, of which he could produce the entire Roman people as witnesses, but from authentic information also he had ascertained that secret meetings were held in the city throughout the night with the object of stirring up sedition: that he, accordingly, being aware of that danger, had come down with armed soldiers, not to molest any peaceable person, but in order to punish, as the majesty of the government demanded, those who disturbed the tranquility of the state. "It will, therefore," said he, "be better to remain quiet: go, lictor, disperse the crowd, and clear the way for the master to lay hold of his slave." After he had thundered out these words, full of wrath, the mult.i.tude of their own accord dispersed, and the girl stood deserted, a sacrifice to injustice. Then Verginius, when he saw no aid anywhere, said: "I beg you, Appius, first pardon a father's grief, if I have attacked you too harshly: in the next place, suffer me to ask the nurse here in presence of the maiden, what all this means, that, if I have been falsely called her father, I may depart hence with mind more tranquil." Permission having been granted, he drew the girl and the nurse aside to the booths near the chapel of Cloacina,[52] which now go by the name of the New Booths:[53] and there, s.n.a.t.c.hing a knife from a butcher, "In this, the only one way I can, my daughter," said he, "do I secure to you your liberty." He then plunged it into the girl's breast, and looking back toward the tribunal, said "With this blood I devote thee,[54] Appius, and thy head!" Appius, aroused by the cry raised at so dreadful a deed, ordered Verginius 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 took up the lifeless body and showed it to the people; they deplored the villainy of Appius, the fatal beauty of the maiden, and the cruel lot of the father.[55] The matrons, following, cried out: Was this the condition of rearing children? Were these the rewards of chast.i.ty? 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 their want of self-control. The men, and more especially Icilius, spoke of nothing but the tribunician power, and the right of appeal to the people which had been taken from them, and gave vent to their indignation in regard to the condition of public affairs.

The mult.i.tude was excited partly by the heinousness of the misdeed, partly by the hope of recovering their liberty on a favourable opportunity. Appius first ordered Icilius to be summoned before him, then, when he refused to come, to be seized: finally, when the officers were not allowed an opportunity of approaching him, he himself, proceeding through the crowd with a body of young patricians, ordered him to be led away to prison. Now not only the mult.i.tude, but Lucius Valerius and Marcus Horatius, the leaders of the mult.i.tude, stood around Icilius and, having repulsed the lictor, declared, that, if Appius should proceed according to law, they would protect Icilius from one who was but a private citizen; if he should attempt to employ force, that even in that case they would be no unequal match for him.

Hence arose a violent quarrel. The decemvir's lictor attacked Valerius and Horatius: the fasces were broken by the people. Appius ascended the tribunal; Horatius and Valerius followed him. They were attentively listened to by the a.s.sembly: the voice of the decemvir was drowned with clamour. Now Valerius, as if he possessed the authority to do so, was ordering the lictors to depart from one who was but a private citizen, when Appius, whose spirits were now broken, alarmed for his life, betook himself into a house in the vicinity of the forum, un.o.bserved by his enemies, with his head covered up. Spurius Oppius, in order to a.s.sist his colleague, rushed into the forum by the opposite side: he saw their authority overpowered by force. Distracted then by various counsels and by listening to several advisers from every side, he had become hopelessly confused: eventually he ordered the senate to be convened. Because the official acts of the decemvirs seemed displeasing to the greater portion of the patricians, this step quieted the people with the hope that the government would be abolished through the senate. The senate was of opinion that the commons should not be stirred up, and that much more effectual measures should be taken lest the arrival of Verginius should cause any commotion in the army.

Accordingly, some of the junior patricians, being sent to the camp which was at that time on Mount Vecilius, announced to the decemvirs that they should do their utmost to keep the soldiers from mutinying.

There Verginius occasioned greater commotion than he had left behind him in the city. For besides that he was seen coming with a body of nearly four hundred men, who, enraged in consequence of the disgraceful nature of the occurrence, had accompanied him from the city, the unsheathed knife, and his being himself besmeared with blood, attracted to him the attention of the entire camp; and the gowns,[56] seen in many parts of the camp had caused the number of people from the city to appear much greater than it really was. When they asked him what was the matter, in consequence of his weeping, for a long time he did not utter a word. At length, as soon as the crowd of those running together became quiet after the disturbance, and silence ensued, he related everything in order as it had occurred.

Then extending his hands toward heaven, addressing his fellow-soldiers, he begged of them, not to impute to him that which was the crime of Appius Claudius, nor to abhor him as the murderer of his child. To him the life of his daughter was dearer than his own, if she had been allowed to live in freedom and chast.i.ty. When he beheld her dragged to prost.i.tution as if she were a slave, thinking it better that his child should be lost by death rather than by dishonour, through compa.s.sion for her he had apparently fallen into cruelty. Nor would he have survived his daughter had he not entertained the hope of avenging her death by the aid of his fellow-soldiers. For they too had daughters, sisters, and wives; nor was the l.u.s.t of Appius Claudius extinguished with his daughter; but in proportion as it escaped with greater impunity, so much the more unbridled would it be. That by the calamity of another a warning was given to them to guard against a similar injury. As far as he was concerned, his wife had been taken from him by destiny; his daughter, because she could no longer have lived as a chaste woman, had met with an unfortunate but honourable death; that there was now no longer in his family an opportunity for the l.u.s.t of Appius; that from any other violence of his he would defend his person with the same spirit with which he had vindicated that of his daughter: that others should take care for themselves and their children. While he uttered these words in a loud voice, the mult.i.tude responded with a shout that they would not be backward, either to avenge his wrongs or to defend their own liberty. And the civilians mixing with the crowd of soldiers, by uttering the same complaints, and by showing how much more shocking these things must have appeared when seen than when merely heard of, and also by telling them that the disturbance at Rome was now almost over--and others having subsequently arrived who a.s.serted that Appius, having with difficulty escaped with life, had gone into exile--all these individuals so far influenced them that there was a general cry to arms, and having pulled up the standards, they set out for Rome. The decemvirs, being alarmed at the same time both by what they now saw, as well as by what they had heard had taken place at Rome, ran about to different parts of the camp to quell the commotion. While they proceeded with mildness no answer was returned to them: if any of them attempted to exert authority, the soldiers replied that they were men and were armed. They proceeded in a body to the city and occupied the Aventine, encouraging the commons, as each person met them, recover their liberty, and elect tribunes of the people; no other expression of violence was heard. Spurius Oppius held a meeting of the senate; it was resolved that no harsh measures should be adopted, inasmuch as occasion for sedition had been given by themselves.[57] Three men of consular rank, Spurius Tarpeius, Gaius Julius, Publius Sulpicius, were sent as amba.s.sadors, to inquire, in the name of the senate, by whose order they had deserted the camp? Or what they meant by having occupied the Aventine in arms, and, turning away their arms from the enemy, having seized their own country? They were at no loss for an answer: but they wanted some one to give the answer, there being as yet no certain leader, and individuals were not bold enough to expose themselves to the invidious office. The mult.i.tude only cried out with one accord, that they should send Lucius Valerius and Marcus Horatius to them, saying that they would give their answer to them.

The amba.s.sadors being dismissed, Verginius reminded the soldiers that a little while before they had been embarra.s.sed in a matter of no very great difficulty, because the mult.i.tude was without a head; and that the answer given, though not inexpedient, was the result rather of an accidental agreement than of a concerted plan. His opinion was, that ten persons should be elected to preside over the management of state affairs, and that they should be called tribunes of the soldiers, a t.i.tle suited to their military dignity. When that honour was offered to himself in the first instance, he replied, "Reserve for an occasion more favourable to both of us your kind recognition of me. The fact of my daughter being unavenged, does not allow any office to be agreeable to me, nor, in the present disturbed condition of the state, is it advantageous that those should be at your head who are most exposed to party animosity. If I am of any use, the benefit to be gained from my services will be just as great while I am a private individual." They accordingly elected military tribunes ten in number.

Meanwhile the army among the Sabines was not inactive. There also, at the instance of Icilius and Numitorius, a secession from the decemvirs took place, men's minds being no less moved when they recalled to mind the murder of Siccius, than when they were fired with rage at the recent account of the disgraceful attempt made on the maiden to gratify l.u.s.t. When Icilius heard that tribunes of the soldiers had been elected on the Aventine, lest the election a.s.sembly in the city should follow the precedent of the military a.s.sembly, by electing the same persons tribunes of the commons, being well versed in popular intrigues and having an eye to that office himself, he also took care, before they proceeded to the city, that the same number should be elected by his own party with equal power. They entered the city by the Colline gate under their standards, and proceeded in a body to the Aventine through the midst of the city. There, joining the other army, they commissioned the twenty tribunes of the soldiers to select two out of their number to preside over state affairs. They elected Marcus Oppius and s.e.xtus Manilius. The patricians, alarmed for the general safety, though there was a meeting of the senate every day, wasted the time in wrangling more frequently than in deliberation. The murder of Siccius, the l.u.s.t of Appius, and the disgraces incurred in war were urged as charges against the decemvirs. It was resolved that Valerius and Horatius should proceed to the Aventine. They refused to go on any other condition than that the decemvirs should lay down the badges of that office, which they had resigned at the end of the previous year.

The decemvirs, complaining that they were now being degraded, declared that they would not resign their office until those laws, for the sake of which they had been appointed, were pa.s.sed.

The people being informed by Marcus Duillius, who had been tribune of the people, that by reason of their continual contentions no business was transacted, pa.s.sed from the Aventine to the Sacred Mount, as Duillius a.s.serted that no concern for business would enter the minds of the patricians, until they saw the city deserted: that the Sacred Mount would remind them of the people's firmness: that they would then know that matters could not be brought back to harmony without the restoration of the tribunician power. Having set out along the Nomentan way, which was then called the Ficulean,[58] they pitched their camp on the Sacred Mount, imitating the moderation of their fathers by committing no violence. The commons followed the army, no one whose age would permit him declining to go. Their wives and children attended them, piteously asking to whom they were leaving them, in a city where neither chast.i.ty nor liberty were respected.

When the unusual solitude had created everywhere at Rome a feeling of desolation; when there was no one in the forum but a few old men: when, after the patricians had been summoned into the senate, the forum appeared deserted, by this time more besides Horatius and Valerius began to exclaim, "What will you now wait for, conscript fathers? If the decemvirs do not put an end to their obstinacy, will you suffer all things to go to wreck and ruin? What power is that of yours, decemvirs, which you embrace and hold so firmly? Do you mean to administer justice to walls and houses? Are you not ashamed that an almost greater number of your lictors is to be seen in the forum than of the other citizens? What are you going to do, in case the enemy should approach the city? What, if the commons should come presently in arms, in case we show ourselves little affected by their secession?

Do you mean to end your power by the fall of the city? Well, then, either we must not have the commons, or they must have their tribunes.

We shall sooner be able to dispense with our patrician magistrates, than they with their plebeian. That power, when new and untried, they wrested from our fathers; much less will they now, when once captivated by its charm, endure the loss of: more especially since we do not behave with such moderation in the exercise of our power that they are in no need of the aid of the tribunes." When these arguments were thrown out from every quarter, the decemvirs, overpowered by the united opinions of all, declared that, since such seemed to be the feeling, they would submit to the authority of the patricians. All they asked for themselves was that they might be protected from popular odium; they warned the senate, that they should not, by shedding their blood, habituate the people to inflict punishment on the patricians.

Then Valerius and Horatius, having been sent to bring back the people on such terms as might seem fit, and to adjust all differences, were directed to make provision also to protect the decemvirs from the resentment and violence of the mult.i.tude. They set forth and were received into the camp amid the great joy of the people, as their undoubted liberators, both at the beginning of the disturbance and at the termination of the matter. In consideration of these things, thanks were returned to them on their arrival. Icilius delivered a speech in the name of the people. When the terms came to be considered, on the amba.s.sadors inquiring what the demands of the people were, he also, having already concerted the plan before the arrival of the amba.s.sadors, made such demands, that it became evident that more hope was placed in the justice of their case than in arms.

For they demanded the restoration of the tribunician office and the right of appeal, which, before the appointment of decemvirs, had been the supports of the people, and that it should be without detriment to any one to have instigated the soldiers or the commons to seek to recover their liberty by a secession. Concerning the punishment only of the decemvirs was their demand immoderate: for they thought it but just that they should be delivered up to them, and threatened to burn them alive. The amba.s.sadors replied: "Your demands which have been the result of deliberation are so reasonable, that they should be voluntarily offered to you: for you demand therein safeguards for your liberty, not a means of arbitrary power to a.s.sail others. Your resentment we must rather pardon than indulge, seeing that from your hatred of cruelty you rush into cruelty, and almost before you are free yourselves, already wish to lord it over your opponents. Shall our state never enjoy rest from punishments, inflicted either by the patricians on the Roman commons, or by the commons on the patricians?

You need a shield rather than a sword. He is sufficiently and abundantly humbled who lives in the state on an equal footing with his fellow-citizens, neither inflicting nor suffering injury. Should you, however, at any time wish to render yourselves formidable, when, after you have recovered your magistrates and laws, decisions on our lives and fortunes shall be in your hands, then you shall determine according to t