LITMIR.BIZ

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other hand, affirmed that Appius Claudius was the only person not entitled to a participation in the laws, nor in civil or human society. That men should look to the tribunal, the fortress of all villanies; where that perpetual decemvir, venting his fury on the properties, backs, and blood of the citizens, threatening all with his rods and axes, a despiser of gods and men, attended with executioners, not lictors, changing his mind from rapine and murder to lust, before the eyes of the Roman people, tore a free-born maiden, as if a prisoner of war, from the embraces of her father, and gave her as a present to a dependant, the pander to his secret pleasures. Where by a cruel decree, and by a most villainous decision, he armed the right hand of the father against the daughter: where he ordered the spouse and uncle, on their raising the lifeless body of the girl, to be taken off to a prison; moved more at the interruption to his sensual gratification than at her untimely death. That the prison was built for him also, which he used to call the domicile of the Roman commons. Wherefore, though he may appeal again and oftener, he would as frequently refer him to a judge, on the charge of having sentenced a free person to slavery; if he would not go before a judge, that he ordered him to be taken to prison as one condemned. He was thrown into prison, and though without the disapprobation of any individual, yet not without considerable emotions of the public mind, when, in consequence of the punishment of so distinguished a man, their own liberty began to appear to the commons themselves as excessive. The tribune deferred the day of trial. Whilst these matters are going on, ambassadors from the Hernicians and Latins came to Rome to present their congratulations on the harmony subsisting between the patricians and commons; and as an offering on that account to Jupiter, the best and greatest, they brought into the Capitol a golden crown, of small weight, as riches at that time did not abound, and the duties of religion were performed rather with piety than magnificence. From the same source it was ascertained that the Æquans and Volscians were preparing for war with the utmost energy. The consuls were therefore ordered to divide the provinces between them. The Sabines fell to the lot of Horatius, the Æquans and Volscians to that of Valerius. On their proclaiming a levy for these wars, through the good wishes of the commons, not only the younger men, but of those who had served out their time, a considerable portion as volunteers, attended to give in their names: and hence the army was stronger not only by the number, but also by the kind of soldiers, veterans being mixed with them. Before they marched out of the city, they engraved on brass, and fixed up in public view, the decemviral laws, which have received the name of "the twelve tables." There are some who state that the ædiles discharged that office by order of the tribunes.

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      Caius Claudius, who, detesting the crimes of the decemvirs and, above all, incensed at the arrogant conduct of his brother's son, had retired to Regillum, the country of his forefathers, having returned, though now advanced in years, to deprecate the dangers impending over that man, whose vices he had shunned, now clad in a mourning garment, with the members of his family and his clients, went about the forum, and solicited the interest of the citizens individually, "That they would not cast such a stain on the Claudian family, as to consider them deserving of imprisonment and chains; that a man whose image would be most highly honoured with posterity, the framer of their laws and the founder of Roman jurisprudence, lay in chains amongst nightly thieves and robbers. (He begged) that they would turn away their minds from resentment for a while to examination and reflection; and rather pardon one at the intercession of so many members of the Claudian family, than through a hatred of one spurn the entreaties of many; that he himself also paid this tribute to the family and the name; nor had he been reconciled to him, whose unfortunate situation he wished to relieve; that by fortitude liberty had been recovered; by clemency the harmony of the several orders might be established." Some there were whom he influenced more by his warm attachment to his family than for the sake of him for whom he interceded. But Virginius begged that "they would rather pity him and his daughter; and that they would listen to the entreaties, not of the Claudian family, which had assumed a sort of sovereignty over the commons, but those of the near friends of Virginia and of the three tribunes; who having been created for the aid of the commons, were now themselves imploring the protection and aid of the commons." These tears appeared more just. Accordingly, all hope being cut off, Appius put a period to his life, before the day arrived appointed for his trial. Soon after, Spurius Oppius, the next object of public indignation, as having been in the city when the unjust decision was given by his colleague, was arraigned by Publius Numitorius. However, an act of injustice committed by Oppius brought more odium on him, than the not preventing one (in the case of Appius). A witness was brought forward, who, after reckoning up twenty campaigns, after having been particularly honoured eight different times, and wearing these honours in the sight of the Roman people, tore open his garment and exhibited his back torn with stripes, asking no other conditions but "that, if the accused could name any one guilty act of his, he might, though a private individual, once more repeat his severity on him." Oppius was also thrown into prison, where he put a period to his life before the day of trial. The tribunes confiscated the property of Appius and Oppius. Their colleagues left their homes to go into exile; their property was confiscated. Marcus Claudius, the claimant of Virginia, being condemned on the day of his trial, was discharged and went away into exile to Tibur, Virginius himself remitting the penalty as far as it affected his life; and the shade of Virginia, more fortunate after death than when living, after having roamed through so many families in quest of vengeance, at length rested in peace, no guilty person being left unpunished.

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      Great alarm seized the patricians, and the countenances of the tribunes were now the same as those of the decemvirs had been, when Marcus Duilius, tribune of the people, having put a salutary check to their immoderate power, says, "There has been both enough of liberty on our own part, and of vengeance on our enemies; wherefore for this year I will neither suffer a day of trial to be appointed for any one, nor any person to be thrown into prison. For it is neither pleasing to me that old crimes now forgotten should be again brought forward, seeing that the recent ones have been atoned for by the punishment of the decemvirs; and the unremitting care of both the consuls in defending your liberties, is ample security that nothing will be committed which will call for tribunitian interference." This moderation of the tribune first relieved the patricians from their fears, and at the same time increased their ill-will towards the consuls; for they had been so devoted to the commons, that even a plebeian magistrate took an earlier interest in the safety and liberty of the patricians, than one of patrician rank; and their enemies would have been surfeited with inflicting punishments on them, before the consuls, to all appearance, would have resisted their licentious career. And there were many who said that a want of firmness was shown, inasmuch as the fathers had given their approbation to the laws proposed; nor was there a doubt, but that in this troubled state of public affairs they had yielded to the times.

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      The business in the city being settled, and the rights of the commons being firmly established, the consuls departed to their respective provinces. Valerius prudently deferred all warlike operations against the armies of the Æquans and the Volscians, which had now formed a junction at Algidum. But if he had immediately committed the result to fortune, I know not but that, such were the feelings both of the Romans and of their enemies since the unfavourable auspices of the decemvirs, the contest would have stood them in a heavy loss. Having pitched his camp at the distance of a mile from the enemy, he kept his men quiet. The enemy filled the space lying between the two camps with their army in order of battle, and not a single Roman made them any answer when they challenged them to battle. At length, wearied from standing and from waiting in vain for a contest, the Æquans and Volscians, considering that the victory was in a manner conceded to them, go off, some to the Hernicians, some to the Latins, to commit depredations. There was left in the camp rather a garrison for its defence than sufficient force for a contest. When the consul perceived this, he retorted the terror previously occasioned to his men, and drawing up his troops in order of battle, he now in his turn provokes the enemy to fight. When they, from a feeling of the absence of their forces, declined battle, the courage of the Romans immediately increased, and they considered as vanquished those who stood panic-stricken within their rampart. After having stood for the entire day prepared for the contest, they retired at night. And the Romans, now full of hope, set about refreshing

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