The History of Rome, Books 01 to 08
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 _vindiciæ 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.
49. The multitude was excited partly by the atrocious nature of the
deed, partly by the hope of recovering their liberty through a
favourable opportunity. Appius now orders Icilius to be summoned before
him, now on refusing to come to be seized; at length, when an
opportunity of approaching him was not afforded to the beadles, he
himself proceeding through the crowd with a body of young patricians,
orders him to be taken into confinement. Now not only the multitude, but
Lucius Valerius and Marcus Horatius, the leaders of the multitude, stood
around Icilius: who, having repulsed the lictor, stated, that "if he
meant to proceed by law, they would protect Icilius from one who was but
a private citizen; if he desired to employ force, that they would be no
bad match for him even then." Hence arises a furious scuffle. The
decemvir's lictor attacks Valerius and Horatius: the fasces are broken
by the people. Appius ascends the tribunal; Horatius and Valerius follow