Stories from Livy

by Alfred John Church

For a while these pleased the people well, doing justice equally between man and man. And the custom was that each day one of the ten sat as judge with the twelve lictors about him, the nine others sitting with one minister only. Also they busied themselves with the ordering of the laws; and at last set forth ten tables on which these were written. At the same time they called the people together to an assembly, and spake to them thus: "The Gods grant that this undertaking may turn to the credit of the State, and of you, and of your children. Go, therefore, and read these laws which we have set forth; for though we have done what ten men could do to provide laws that should be just to all, whether they be high or low, yet the understandings of many men may yet change many things for the better. Consider therefore all these matters in your own minds, and debate them among yourselves. For we will that the Roman people should be bound by such laws only as they shall have agreed together to establish."

The ten tables were therefore set forth, and when these had been sufficiently considered, and such corrections made therein as seemed good, a regular assembly of the people was called, and the laws were duly established. But now there was spread abroad a report that two tables were yet wanting, and that when these should have been added the whole would be complete; and thence there arose a desire that the Ten should be appointed to hold office a second year. This indeed was done; but Appius Claudius so ordered matters that there were elected together with him none of the chief men of the State, but only such as were of an inferior condition and fortune.

After this the Ten began more and more to set aside all law and right. Thus whereas at the first one only on each day was followed by the twelve lictors, each of the ten came daily into the market-place so attended; and whereas before the lictors carried bundles of rods only, now there was bound up with the rods an axe, whereby was signified the power of life and death. Their actions also agreed with this show, for they and their ministers plundered the goods and chattels of the people. Some also they scourged, and some they beheaded. And when they had so put a man to death, they would divide his substance among those that waited upon them to do their pleasure.

Among their misdeeds two were especially notable. There was a certain Sicinius in the host, a man of singular strength and courage, who took it ill that the Ten should thus set themselves above all law, and was wont to say to his comrades that the Commons should depart from the city as they had done in time past, or should at the least make them tribunes to be their champions as of old. This Sicinius the Ten sent on before the army, there being then war with the Sabines, to search out a place for a camp; and with him they sent certain others, bidding them slay him when they should have come to some convenient place. This they did, but not without suffering much loss; for the man fought for his life and defended himself, slaying many of his enemies. Then they that escaped ran into the camp, saying that Sicinius had fallen into an ambuscade, and had died along with certain others of the soldiers. At the first, indeed, this story was believed; but afterwards, when, by permission of the Ten, there went some to bury the dead, they found that none of the dead bodies had been spoiled, and that Sicinius lay with his arms in the midst, the others having their faces towards him; also that there was no dead body of an enemy in the place, nor any track as of them that had gone from the place; for which reasons they brought back tidings that Sicinius had certainly been slain by his own comrades. At this there was great wrath in the camp; and the soldiers were ready to carry the body of Sicinius to Rome, but that the Ten made a military funeral for him at the public cost. So they buried Sicinius with great lamentation; but the Ten were thereafter in very ill repute among the soldiers.

Again, there was a certain centurion, Lucius Virginius by name, an upright man and of good credit both at home and abroad. This Virginius had a daughter, Virginia, a very fair and virtuous maiden, whom he had espoused to a certain Icilius that had once been a tribune of the Commons. On this maiden Appius Claudius, the chief of the Ten, sought to lay hands, and for this end gave commandment to one Marcus Claudius, who was one of the clients of his house, that he should claim the girl for a slave. On the morrow therefore as Virginia passed across the market-place, being on her way to school (for the schools in those days were held in the market-place), this Claudius seized her, affirming that she was born of a woman that was a slave, and was therefore by right a slave herself. The maiden standing still for fear, the nurse that attended her set up a great cry and called the citizens to help. Straightway there was a great concourse, for many knew the maiden's father Virginius, and Icilius to whom she was betrothed. Then said Claudius, seeing that he could not take her by force, "There is no need of tumult or of gathering a crowd. I would proceed by law, not by force." Thereupon he summoned the girl before the judge. When they came to the judgment-seat of Appius the man told a tale that had already been agreed upon between the two. "This girl," he said, "was born in my house, and was thence secretly taken to the house of Virginius, and passed off on the man as his daughter. Of this I will bring proof sufficient, such as will convince Virginius himself, who doubtless has received the chief wrong in this matter. But in the meanwhile it is reasonable that the slave should remain in the house of her master." To this the friends of the girl made answer, "Virginius is absent on the service of the State, and will be here within the space of two days, if tidings of this matter be sent to him. Now it is manifestly wrong that judgment concerning a man's children should be given while he is himself absent. Let the cause, therefore, be postponed till he come. Meanwhile let the maiden have her freedom according to the law which Appius and his fellows have themselves established."

Appius gave sentence in these words: "That I am a favourer of freedom is manifest from this law of which ye make mention. Yet this law must be observed in all cases and without respect of persons; and as to this girl, there is none but her father only to whom her owner may yield the custody of her. Let her father therefore be sent for; but in the meanwhile Claudius must have custody of her, as is his right, only giving security that he will produce her on the morrow."

At this decree, so manifestly unrighteous was it, there was much murmuring, yet none dared to oppose it, till Numitorius, the girl's uncle, and Icilius came forth from the crowd. The lictor cried, "Sentence has been given," and bade Icilius give place. Then Icilius turned to Appius, saying, "Appius, thou must drive me hence with the sword before thou canst have thy will in this matter. This maiden is my espoused wife; and verily, though thou call hither all thy lictors and the lictors of thy colleagues, she shall not remain in any house save the house of her father."

To this Appius, seeing that the multitude was greatly moved and were ready to break forth into open violence, made this reply: "Icilius cares not for Virginia, but being a lover of sedition and tumult, seeks an occasion for strife. Such occasion I will not give him to-day. But that he may know that I yield not to his insolence, but have regard to the rights of a father, I pronounce no sentence. I ask of Marcus Claudius that he will concede something of his right, and suffer surety to be given for the girl against the morrow. But if on the morrow the father be not present here, then I tell Icilius and his fellows that he who is the author of this law will not fail to execute it. Neither will I call in the lictors of my colleagues to put down them that raise a tumult. For this my own lictors shall suffice."

So much time being thus gained, it seemed good to the friends of the maiden that the son of Numitorius and the brother of Icilius, young men both of them and active, should hasten with all speed to the camp, and bring Virginius thence as quickly as might be. So the two set out, and putting their horses to their full speed, carried tidings of the matter to the father. As for Appius, he sat awhile on the judgment-seat, waiting for other business to be brought before him, for he would not have it seem that he had come for this cause only; but finding that there was none, and indeed the people were wholly intent on the matter of Virginia, he departed to his own house. Thence he sent an epistle to his colleagues that were at the camp, saying, "Grant no leave of absence to Virginius, but keep him in safe custody with you." But this availed nothing, for already, before ever the epistle was brought to the camp, at the very first watch of the night, Virginius had set forth.

When Virginius was come to the city, it being then early dawn, he put on mean apparel, as was the custom with such as were in danger of life or liberty, and carried about his daughter, who was clad in like manner, praying all that he met to help and succour him. "Remember," said he, "that day by day I stand fighting for you and for your children against your enemies. But what shall this profit you or me if, this city being safe, nevertheless our children stand in peril of slavery and shame?" Icilius spake in like manner, and the women (for a company of matrons followed Virginia) wept silently, stirring greatly the hearts of all that looked upon them. But Appius, so set was his heart on evil, heeded none of these things; but so soon as he had sat him down on the seat of judgment, and he that claimed the girl had said a few words complaining that right had not been done to him, he gave his sentence; suffering not Virginius to speak. What pretence of reason he gave can scarce be imagined, but the sentence (for this only is certain) was that the girl should be in the custody of Claudius till the matter should be decided by law. But when Claudius came to take the maiden, her friends and all the women that bare her company thrust him back. Then said Appius, "I have sure proof, and this not from the violence only of Icilius, but from what is told to me of gatherings by night in the city, that there is a purpose in certain men to stir up sedition. Knowing this I have come hither with armed men; not to trouble quiet citizens, but to punish such as would break the peace of the State. Such as be wise, therefore, will keep themselves quiet. Lictor, remove this crowd, and make room for the master that he may take his slave." These words he thundered forth in great anger; and the people, when they heard them, fell back in fear, so that the maiden stood without defence. Then Virginius, seeing that there were none to help him, said to Appius, "I pray thee, Appius, if I have said aught that was harsh to thee, that thou wilt pardon it, knowing how a father must needs suffer in such a case. But now suffer me to enquire somewhat of this woman that is the girl's nurse, that I may know what is the truth of the matter. For if I have been deceived in the matter, and am not in truth father to the girl, I shall be more content." Then, Appius giving permission, he led his daughter and her nurse a little space aside, to the shops that are by the temple of Cloacina, and snatching a knife from a butcher's, said, "My daughter, there is but this one way that I can make thee free," and he drave the knife into her breast.