The History of Rome, Books 01 to 08
led to prison without being heard, that he once more appealed to the
tribunes of the people, and warned them not to imitate those whom they
hated. But if the tribunes acknowledge themselves bound in the same
confederacy for abolishing the right of appeal, which they charged the
decemvirs with having formed, then he appealed to the people: he
implored the benefit of the laws passed that very year, both by the
consuls and tribunes, regarding the right of appeal. For who would
appeal, if this were not allowed a person as yet uncondemned, whose case
has not been heard? what plebeian and humble individual would find
protection in the laws, if Appius Claudius could not? that he would
afford a proof, whether tyranny or liberty was established by the new
laws; and whether the right of appeal and of challenge against the
injustice of magistrates was only held out in empty words, or
effectually granted.
57. Virginius, on the 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.
58. 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.
59. 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.
60. 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 themselves. The enemy, in by no means equal spirits,
being now in trepidation, despatch messengers in every direction to call
back the plundering parties. Those in the nearest places return thence;
those who were farther off were not found. When the day dawned, the
Romans leave the camp, determining on assaulting the rampart unless an
opportunity of fighting were afforded; and when the day was now far
advanced, and no movement was made by the enemy, the consul orders them
to advance; and the troops being put in motion, the Æquans and the
Volscians became indignant, that victorious armies were to be defended
by a rampart rather than by valour and arms. Wherefore they also
earnestly demanded the signal for battle from their generals, and
received it. And now half of them had got out of the gates, and the
others in succession were observing order, marching down each to his own
post, when the Roman consul, before the enemy's line could be drawn up,
supported by their entire strength, advanced on them; and having
attacked them before they were all as yet led forth, and when those who
were so had not their ranks sufficiently arranged, he falls on the
unsteady crowd of them, running in trepidation from one place to
another, and throwing around their eyes on themselves and on their