The History of Rome, Books 01 to 08
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 Pætelius, being sent with him. Marcus Cornelius was sent to
Algidum with Lucius Menucius and Titus Antonius, and Cæso 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 Æquans. Having fled from Eretum during the silence of the
night, they fortified their camp nearer to the city, on an elevated
situation between Fidenæ 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 Fidenæ 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