The History of Rome, Books 01 to 08
and at the termination of the matter. In consideration of these things,
thanks were returned to them on their arrival. Icilius speaks in the
name of the people. When the terms came to be considered, the
ambassadors inquiring what were the demands of the people, the same
individual, having already concerted the plan before the arrival of the
ambassadors, stated demands of such a nature, that it became evident,
that more hope was placed in the justice of their case than in arms. For
they demanded back the tribunitian office and the right of appeal,
which, before the appointment of decemvirs, had been the props of the
people, and that it should not be visited with injury to any one, to
have instigated the soldiers or the commons to seek back 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 they threatened that they would burn them
alive. In answer the ambassadors say, the demands which have been the
result of deliberation are so reasonable, that they should be
voluntarily offered to you; for you seek them as safeguards to your
liberty, not as means of licentious power to assail others. Your
resentment we must rather pardon than indulge; seeing that from your
hatred of cruelty ye rush into cruelty, and almost before you are free
yourselves, you wish already to lord it over your enemies. Shall our
state never enjoy rest from punishments, either of the patricians on the
Roman commons, or of the commons on the patricians? you have occasion
for a shield rather than for a sword. He is sufficiently and abundantly
humble, who lives in a state on an equal footing, neither inflicting nor
suffering injury. Moreover, "should you feel disposed to render
yourselves formidable, when, having recovered your magistrates and laws,
decisions on our lives and fortunes shall be in your hands; then you
shall determine according to the merits of each case; now it is
sufficient that your liberty be restored."
54. All permitting them to act just as they think proper, the
ambassadors assure them that they would speedily return, having
completed every matter. When they went and laid before the patricians
the message of the commons, the other decemvirs, since, contrary to
their own expectation, no mention was made of their punishment, raised
no objection. Appius, being of a truculent disposition and a particular
object of detestation, measuring the rancour of others towards him by
his own towards them, says, "I am aware of the fate which hangs over me.
I see that the contest against us is deferred, until our arms are
delivered up to our adversaries. Blood must be offered up to popular
rage. Not even do I demur to resign my decemvirate." A decree of the
senate is then passed, "that the decemvirs should without delay resign
their office; that Quintus Furius, chief pontiff, should hold an
election of plebeian tribunes, and that the secession of the soldiers
and commons should not be visited on any one." These decrees being
finished, the senate being dismissed, the decemvirs come forth into the
assembly, and resign their office, to the great joy of all. News of this
is carried to the commons. All the people remaining in the city escort
the ambassadors. This crowd was met by another joyous body from the
camp; they congratulate each other on the restoration of peace and
concord to the state. The deputies address the assembly: "Be it
advantageous, fortunate, and happy for you and the republic, return into
your country to your household gods, your wives and children; but carry
into the city the same modesty which you observed here, where, amid the
consumption of so many matters necessary for so large a number of
persons, no man's field has been injured. Go to the Aventine, whence ye
set out. In that auspicious place, where ye took the first step towards
liberty, ye shall elect tribunes of the people. The chief pontiff will
be at hand to hold the elections." Great was their assent and joy, as
evinced in their approbation of every measure. They then hastily raise
their standards, and having set out for Rome, vie in exultation with all
they met. There, the chief pontiff holding the meeting for the
elections, they elected as their tribunes of the people, first of all A.
Virginius, then Lucius Icilius, and Publius Numitorius the uncle of
Virginia, the advisers of the secession. Then Caius Sicinius, the
offspring of him who is recorded to have been elected first tribune of
the commons on the Sacred mount; and Marcus Duilius, who had passed
through a distinguished tribuneship before the creation of the
decemvirs, and was never wanting to the commons in their contests with
the decemvirs. Marcus Titinius, Marcus Pomponius, Caius Apronius,
Publius Villius, and Caius Oppius, were elected more from hope
(entertained of them) than from any services (performed). When he
entered on his tribuneship, Lucius Icilius proposed to the commons, and
the commons ordered, that the secession from the decemvirs which had
taken place should not prove detrimental to any individual. Immediately
after Duilius carried a proposition for electing consuls, with right of
appeal. All these things were transacted in an assembly of the commons
in the Flaminian meadows, which they now call the Flaminian circus.
55. Then through an interrex Lucius Valerius and Marcus Horatius were
elected consuls, who immediately entered on their office; whose
consulship was popular without any actual injury to the patricians,
though not without their displeasure; for whatever provision was made
for securing the liberty of the commons, that they considered to be a
diminution made in their own power. First of all, when it was as it were
a point in controversy, whether patricians were bound by regulations
enacted in an assembly of the commons, they proposed a law in the
assembly of the centuries, that whatever the commons ordered
collectively, should bind the entire people; by which law a most
keen-edged weapon was given to motions introduced by tribunes. Then
another law made by a consul concerning the right of appeal, a singular
security to liberty, and subverted by the decemviral power, they not
only restore, but guard it also for the time to come, by enacting a new
law, "that no one should appoint any magistrate without a right of
appeal; if any person should so elect, it would be lawful and right that
he be put to death; and that such killing should not be deemed a capital
offence." And when they had sufficiently secured the commons by the
right of appeal on the one hand, by tribunitian aid on the other, they
renewed for the tribunes themselves (the privilege) that they should be
held sacred and inviolable, the memory of which matter had now been
almost lost, reviving certain ceremonies which had been long disused;
and they rendered them inviolable both by the religious institution, as
well as by a law, enacting, that "whoever should offer injury to
tribunes of the people, ædiles, judges, decemvirs, his person should be
devoted to Jupiter, and his property be sold at the temple of Ceres,
Liber and Libera." Commentators deny that any person is by this law
sacrosanct; but that he who may do an injury to any of them, is deemed
to be devoted; therefore that an ædile may be arrested and carried to
prison by superior magistrates, which, though it be not expressly
warranted by law, for an injury is done to a person to whom it is not
lawful to do an injury according to this law, yet it is a proof that an
ædile is not considered as sacred; that the tribunes were sacred and
inviolable by an ancient oath of the commons, when first they created
that office. There have been persons who supposed that by this same
Horatian law provision was made for the consuls also and the prætors,
because they were elected under the same auspices as the consuls; for
that a consul was called a judge. Which interpretation is refuted,
because at this time it was not yet the custom for the consul to be
styled judge, but the prætor. These were the laws proposed by the
consuls. It was also regulated by the same consuls, that decrees of the
senate should be deposited with the ædiles of the commons in the temple
of Ceres; which before that used to be suppressed and altered at the
pleasure of the consuls. Marcus Duilius then, tribune of the commons,
proposed to the people, and the people ordered, that "whoever left the
people without tribunes, and whoever caused a magistrate to be elected
without the right of appeal, should be punished with stripes and
beheaded." All these matters, though against the feelings of the
patricians, passed off without opposition from them, because no severity
was aimed at any particular individual.
56. Then both the tribunitian power and the liberty of the commons being
firmly established, the tribunes now deeming it both safe and seasonable
to attack individuals, single out Virginius as the first prosecutor and
Appius as defendant. When Virginius appointed a day for Appius, and
Appius came down to the forum, accompanied by some young patricians, the
memory of his most profligate exercise of power was instantly revived in
the minds of all, as soon as they beheld himself and his satellites.
Then Virginius says, "Long speeches have been invented for matters of a
doubtful nature. Accordingly I shall neither waste time in dwelling on
the guilt of this man before you, from whose cruelty ye have rescued
yourselves by force of arms, nor shall I suffer him to add impudence to
his other enormous crimes in defending himself. Wherefore, Appius
Claudius, I remit to you the accumulated impious and nefarious deeds you
have had the effrontery to commit for the last two years; with respect
to one charge only, unless you will appoint a judge, (and prove) that
you have not, contrary to the laws, sentenced a free person to be a
slave, I order that you be taken into custody." Neither in the aid of
the tribunes, nor in the judgment of the people, could Appius place any
hope: still he both appealed to the tribunes, and, when no one regarded
him, being seized by the bailiff, he exclaims, "I appeal." The hearing
of this one expression, that safeguard of liberty, uttered from that
mouth by which a free citizen was so recently consigned to slavery,
occasioned general silence. And, whilst they observe to each other,
that "at length there are gods, and that they do not disregard human
affairs; and that punishments await tyranny and cruelty, which, though
late, are still by no means light; that he now appealed, who had
abolished all right of appeal; and that he implored the protection of
the people, who had trampled down all the rights of the people; and that
he was dragged off to prison, destitute of the rights of liberty, who
had doomed a free person to slavery." Amid the murmurs of the assembly,
the voice of Appius was heard imploring the protection of the Roman
people. He enumerated the services of his ancestors to the state, at
home and abroad; his own unfortunate zeal towards the Roman commons;
that he had resigned the consulship, to the great displeasure of the
patricians, for the purpose of equalizing the laws; (he then mentioned)
his laws; which, though they still remained in force, the framer of them
was dragged to a prison. But the peculiar advantages and disadvantages
of his case he would then make trial of, when an opportunity would be
afforded him of stating his defence. At present, he, a Roman citizen,
demanded, by the common right of citizenship, that he be allowed to
speak on the day appointed, and to appeal to the judgment of the Roman
people. That he did not dread popular rage so much as not to place any
hope in the equity and compassion of his fellow citizens. But if he were