Roman History, Books I-III

by Livy

Accordingly, some of the junior patricians, being sent to the camp which was at that time on Mount Vecilius, announced to the decemvirs that they should do their utmost to keep the soldiers from mutinying. There Verginius occasioned greater commotion than he had left behind him in the city. For besides that he was seen coming with a body of nearly four hundred men, who, enraged in consequence of the disgraceful nature of the occurrence, had accompanied him from the city, the unsheathed knife, and his being himself besmeared with blood, attracted to him the attention of the entire camp; and the gowns,[56] seen in many parts of the camp had caused the number of people from the city to appear much greater than it really was. When they asked him what was the matter, in consequence of his weeping, for a long time he did not utter a word. At length, as soon as the crowd of those running together became quiet after the disturbance, and silence ensued, he related everything in order as it had occurred.

Then extending his hands toward heaven, addressing his fellow-soldiers, he begged of them, not to impute to him that which was the crime of Appius Claudius, nor to abhor him as the murderer of his child. To him the life of his daughter was dearer than his own, if she had been allowed to live in freedom and chastity. When he beheld her dragged to prostitution as if she were a slave, thinking it better that his child should be lost by death rather than by dishonour, through compassion for her he had apparently fallen into cruelty. Nor would he have survived his daughter had he not entertained the hope of avenging her death by the aid of his fellow-soldiers. For they too had daughters, sisters, and wives; nor was the lust of Appius Claudius extinguished with his daughter; but in proportion as it escaped with greater impunity, so much the more unbridled would it be. That by the calamity of another a warning was given to them to guard against a similar injury. As far as he was concerned, his wife had been taken from him by destiny; his daughter, because she could no longer have lived as a chaste woman, had met with an unfortunate but honourable death; that there was now no longer in his family an opportunity for the lust of Appius; that from any other violence of his he would defend his person with the same spirit with which he had vindicated that of his daughter: that others should take care for themselves and their children. While he uttered these words in a loud voice, the multitude responded with a shout that they would not be backward, either to avenge his wrongs or to defend their own liberty. And the civilians mixing with the crowd of soldiers, by uttering the same complaints, and by showing how much more shocking these things must have appeared when seen than when merely heard of, and also by telling them that the disturbance at Rome was now almost over—and others having subsequently arrived who asserted that Appius, having with difficulty escaped with life, had gone into exile—all these individuals so far influenced them that there was a general cry to arms, and having pulled up the standards, they set out for Rome. The decemvirs, being alarmed at the same time both by what they now saw, as well as by what they had heard had taken place at Rome, ran about to different parts of the camp to quell the commotion. While they proceeded with mildness no answer was returned to them: if any of them attempted to exert authority, the soldiers replied that they were men and were armed. They proceeded in a body to the city and occupied the Aventine, encouraging the commons, as each person met them, recover their liberty, and elect tribunes of the people; no other expression of violence was heard. Spurius Oppius held a meeting of the senate; it was resolved that no harsh measures should be adopted, inasmuch as occasion for sedition had been given by themselves.[57] Three men of consular rank, Spurius Tarpeius, Gaius Julius, Publius Sulpicius, were sent as ambassadors, to inquire, in the name of the senate, by whose order they had deserted the camp? Or what they meant by having occupied the Aventine in arms, and, turning away their arms from the enemy, having seized their own country? They were at no loss for an answer: but they wanted some one to give the answer, there being as yet no certain leader, and individuals were not bold enough to expose themselves to the invidious office. The multitude only cried out with one accord, that they should send Lucius Valerius and Marcus Horatius to them, saying that they would give their answer to them.

The ambassadors being dismissed, Verginius reminded the soldiers that a little while before they had been embarrassed in a matter of no very great difficulty, because the multitude was without a head; and that the answer given, though not inexpedient, was the result rather of an accidental agreement than of a concerted plan. His opinion was, that ten persons should be elected to preside over the management of state affairs, and that they should be called tribunes of the soldiers, a title suited to their military dignity. When that honour was offered to himself in the first instance, he replied, "Reserve for an occasion more favourable to both of us your kind recognition of me. The fact of my daughter being unavenged, does not allow any office to be agreeable to me, nor, in the present disturbed condition of the state, is it advantageous that those should be at your head who are most exposed to party animosity. If I am of any use, the benefit to be gained from my services will be just as great while I am a private individual." They accordingly elected military tribunes ten in number.

Meanwhile the army among the Sabines was not inactive. There also, at the instance of Icilius and Numitorius, a secession from the decemvirs took place, men's minds being no less moved when they recalled to mind the murder of Siccius, than when they were fired with rage at the recent account of the disgraceful attempt made on the maiden to gratify lust. When Icilius heard that tribunes of the soldiers had been elected on the Aventine, lest the election assembly in the city should follow the precedent of the military assembly, by electing the same persons tribunes of the commons, being well versed in popular intrigues and having an eye to that office himself, he also took care, before they proceeded to the city, that the same number should be elected by his own party with equal power. They entered the city by the Colline gate under their standards, and proceeded in a body to the Aventine through the midst of the city. There, joining the other army, they commissioned the twenty tribunes of the soldiers to select two out of their number to preside over state affairs. They elected Marcus Oppius and Sextus Manilius. The patricians, alarmed for the general safety, though there was a meeting of the senate every day, wasted the time in wrangling more frequently than in deliberation. The murder of Siccius, the lust of Appius, and the disgraces incurred in war were urged as charges against the decemvirs. It was resolved that Valerius and Horatius should proceed to the Aventine. They refused to go on any other condition than that the decemvirs should lay down the badges of that office, which they had resigned at the end of the previous year. The decemvirs, complaining that they were now being degraded, declared that they would not resign their office until those laws, for the sake of which they had been appointed, were passed.

The people being informed by Marcus Duillius, who had been tribune of the people, that by reason of their continual contentions no business was transacted, passed from the Aventine to the Sacred Mount, as Duillius asserted that no concern for business would enter the minds of the patricians, until they saw the city deserted: that the Sacred Mount would remind them of the people's firmness: that they would then know that matters could not be brought back to harmony without the restoration of the tribunician power. Having set out along the Nomentan way, which was then called the Ficulean,[58] they pitched their camp on the Sacred Mount, imitating the moderation of their fathers by committing no violence. The commons followed the army, no one whose age would permit him declining to go. Their wives and children attended them, piteously asking to whom they were leaving them, in a city where neither chastity nor liberty were respected. When the unusual solitude had created everywhere at Rome a feeling of desolation; when there was no one in the forum but a few old men: when, after the patricians had been summoned into the senate, the forum appeared deserted, by this time more besides Horatius and Valerius began to exclaim, "What will you now wait for, conscript fathers? If the decemvirs do not put an end to their obstinacy, will you suffer all things to go to wreck and ruin? What power is that of yours, decemvirs, which you embrace and hold so firmly? Do you mean to administer justice to walls and houses? Are you not ashamed that an almost greater number of your lictors is to be seen in the forum than of the other citizens? What are you going to do, in case the enemy should approach the city? What, if the commons should come presently in arms, in case we show ourselves little affected by their secession? Do you mean to end your power by the fall of the city? Well, then, either we must not have the commons, or they must have their tribunes. We shall sooner be able to dispense with our patrician magistrates, than they with their plebeian. That power, when new and untried, they wrested from our fathers; much less will they now, when once captivated by its charm, endure the loss of: more especially since we do not behave with such moderation in the exercise of our power that they are in no need of the aid of the tribunes." When these arguments were thrown out from every quarter, the decemvirs, overpowered by the united opinions of all, declared that, since such seemed to be the feeling, they would submit to the authority of the patricians. All they asked for themselves was that they might be protected from popular odium; they warned the senate, that they should not, by shedding their blood, habituate the people to inflict punishment on the patricians.

Then Valerius and Horatius, having been sent to bring back the people on such terms as might seem fit, and to adjust all differences, were directed to make provision also to protect the decemvirs from the resentment and violence of the multitude. They set forth and were received into the camp amid the great joy of the people, as their undoubted liberators, both at the beginning of the disturbance and at the termination of the matter. In consideration of these things, thanks were returned to them on their arrival. Icilius delivered a speech in the name of the people. When the terms came to be considered, on the ambassadors inquiring what the demands of the people were, he also, having already concerted the plan before the arrival of the ambassadors, made such demands, that it became evident that more hope was placed in the justice of their case than in arms. For they demanded the restoration of the tribunician office and the right of appeal, which, before the appointment of decemvirs, had been the supports of the people, and that it should be without detriment to any one to have instigated the soldiers or the commons to seek to recover 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 threatened to burn them alive. The ambassadors replied: "Your demands which have been the result of deliberation are so reasonable, that they should be voluntarily offered to you: for you demand therein safeguards for your liberty, not a means of arbitrary power to assail others. Your resentment we must rather pardon than indulge, seeing that from your hatred of cruelty you rush into cruelty, and almost before you are free yourselves, already wish to lord it over your opponents. Shall our state never enjoy rest from punishments, inflicted either by the patricians on the Roman commons, or by the commons on the patricians? You need a shield rather than a sword. He is sufficiently and abundantly humbled who lives in the state on an equal footing with his fellow-citizens, neither inflicting nor suffering injury. Should you, however, at any time wish to render yourselves formidable, when, after you have 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: for the present it is sufficient that your liberty be recovered."

All assenting that they should act just as they thought proper, the ambassadors assured them that they would speedily return, having brought everything to a satisfactory termination. When they had gone and laid before the patricians the message of the commons—while 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 the chief object of detestation, measuring the rancour of others toward him by his own toward them, said: "I am not ignorant of the fate which threatens me. I see that the contest against us is only deferred until our arms are delivered up to our adversaries. Blood must be offered up to popular rage. I do not even hesitate to resign my decemvirate." A decree of the senate was then passed: that the decemvirs should as soon as possible 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 detrimental to any one. These decrees of the senate being completed, and the senate dismissed, the decemvirs came forth into the assembly, and resigned their office, to the great joy of all. News of this was carried to the commons. All those who remained in the city escorted the ambassadors. This crowd was met by another joyous body from the camp; they congratulated each other on the restoration of liberty and concord to the state. The deputies spoke as follows before the assembly: "Be it advantageous, fortunate, and happy for you and the republic—return to your country, to your household gods, your wives and children; but carry into the city the same moderation which you observed here, where in spite of the pressing need of so many things necessary for so large a number of persons, no man's field has been injured. Go to the Aventine, whence you set out. There, in that auspicious place, where you laid the first beginnings of your liberty, you shall elect tribunes of the people. The chief pontiff will be at hand to hold the elections." Great was their approval and joy, as evinced in their assent to every measure. They then pulled up their standards, and having set out for Rome, vied in exultation with all they met. Silently, under arms, they marched through the city and reached the Aventine. There, the chief pontiff holding the meeting for the elections, they immediately elected as their tribunes of the people, first of all Lucius Verginius, then Lucius Icilius, and Publius Numitorius, the uncle of Verginius, who had recommended the secession: then Gaius Sicinius, the offspring of him who is recorded to have been elected first tribune of the commons on the Sacred Mount; and Marcus Duillius, who had held a distinguished tribuneship before the appointment of the decemvirs, and never failed the commons in their contests with the decemvirs. Marcus Titinius, Marcus Pomponius, Gaius Apronius, Appius Villius, and Gaius Oppius, were elected more from hope entertained of them than from any actual services. When he entered on his tribuneship, Lucius Icilius immediately brought before the people, and the people enacted, that the secession from the decemvirs which had taken place should not prove detrimental to any individual. Immediately after Duillius carried a proposition for electing consuls, with right of appeal[59]. All these things were transacted in an assembly of the commons in the Flaminian meadows, which are now called the Flaminian Circus.[60]

Then, through an interrex, Lucius Valerius and Marcus Horatius were elected consuls, and immediately entered on their office; their consulship, agreeable to the people, although it did no injury to the patricians, was not, however, without giving them offence; for whatever measures were taken to secure the liberty of the people, they considered to be a diminution of their own power. First of all, when it was as it were a disputed point of law, 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 in the assembly of the tribes, should be binding on the entire people; by which law a most keen-edged weapon of offence was given to the motions introduced by tribunes. Then another law made by a consul concerning the right of appeal, a singularly effective safeguard of liberty, that had been upset by the decemviral power, was not only restored but also guarded for the time to come, by the passing of a new law, that no one should appoint any magistrate without appeal:[61] if any person should so appoint, it should 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 tribunician aid on the other, they revived for the tribunes themselves the privilege that their persons should be considered inviolable—the recollection of which was now almost forgotten—by renewing after a long interval certain ceremonies which had fallen into disuse; and they rendered them inviolable by religion, as well as by a law, enacting that whosoever should offer injury to tribunes of the people, ædiles, or judicial decemvirs, his person should be devoted to Jupiter, and his property be sold at the Temple of Ceres, Liber, and Libera. Expounders of the law deny that any person is by this law inviolable, but assert that he, who may do an injury to any of them, is deemed by law accursed: and that, accordingly, 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), is yet a proof that an ædile is not considered as sacred and inviolable; the tribunes, however, are sacred and inviolable according to the ancient oath of the commons, when first they created that office. There have been some 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 a consul was called a judge. This interpretation is refuted, because at this time it had not yet been customary for the consul to be styled judge, but prætor.[62] These were the laws proposed by the consuls. It was also arranged by the same consuls, that decrees of the senate, which before that used to be suppressed and altered at the pleasure of the consuls, should be deposited in the Temple of Ceres, under the care of the aediles of the commons. Then Marcus Duillius, tribune of the commons, brought before the people and the people enacted, that whoever left the people without tribunes, and whoever caused a magistrate to be elected without appeal, should be punished with stripes and beheaded. All these enactments, though against the feelings of the patricians, passed off without opposition from them, because as yet no severity was aimed at any particular individual.

Then, both the tribunician power and the liberty of the commons having been firmly established, the tribunes, now deeming it both safe and seasonable to attack individuals, singled out Verginius as the first prosecutor and Appius as defendant. When Verginius had appointed a day for Appius to take his trial, and Appius had come down to the forum, accompanied by a band of young patricians, the recollection of his most profligate exercise of power was instantly revived in the minds of all, as soon as they beheld the man himself and his satellites. Then said Verginius: "Long speeches are only meant 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 you have rescued yourselves by force of arms, nor will I suffer him to add impudence to his other crimes in defending himself. Wherefore, Appius Claudius, I pardon you for all the impious and nefarious deeds you have had the effrontery to commit one after another for the last two years; with respect to one charge only, unless you shall choose a judge who shall acquit you that you have not sentenced a free person to slavery, contrary to the laws, I shall 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 heeded him, being seized by the officer, he exclaimed, "I appeal." The hearing of this one word that safeguard of liberty, and the fact that it was uttered from that mouth, by which a free citizen was so recently consigned to slavery, caused silence. And, while they loudly declared, each on his own behalf, that at length the existence of the gods was proved, and that they did not disregard human affairs; and that punishments awaited tyranny and cruelty, which punishments, though late, were, however, by no means light; that that man now appealed, who had abolished all right of appeal; and that he implored the protection of the people, who had trampled under foot all the rights of the people: and that he was being dragged off to prison, destitute of the rights of liberty, who had doomed a free person to slavery, the voice of Appius himself was heard, amid the murmurs of the assembly, imploring the protection of the Roman people. He enumerated the services of his ancestors to the state, at home and abroad: his own unfortunate anxiety for the interests of the Roman commons, owing to which he had resigned the consulship, to the very great displeasure of the patricians, for the purpose of equalizing the laws; he then went on to mention those laws of his, the framer of which was dragged off to prison, though the laws still remained in force. However, in regard to what bore especially on his own case, his personal merits and demerits, he would make trial of them, when an opportunity should 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: he did not dread popular odium so much as not to place any hope in the fairness and compassion of his fellow-citizens. But if he were 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 acknowledged themselves bound by the same agreement for abolishing the right of appeal, which they charged the decemvirs with having conspired to form, then he appealed to the people, he implored the aid of the laws passed that very year, both by the consuls and tribunes, regarding the right of appeal. For who would there be to appeal, if this were not allowed a person as yet uncondemned, whose case had not been heard? What plebeian or humble individual would find protection in the laws, if Appius Claudius could not? That he would be 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 idle words, or really granted.

Verginius, on the other hand, affirmed that Appius Claudius was the only person who had no part or share in the laws, or in any covenant civil or human. Men should look to the tribunal, the fortress of all villainies, where that perpetual decemvir, venting his fury on the property, person, and life of the citizens, threatening all with his rods and axes, a despiser of gods and men, surrounded by men who were executioners, not lictors, turning his thoughts from rapine and murder to lust, tore a free-born maiden, as if she had been a prisoner of war, from the embraces of her father, before the eyes of the Roman people, and gave her as a present to a dependent, the minister to his secret pleasures: where too by a cruel decree, and a most outrageous decision, he armed the right hand of the father against the daughter: where he ordered the betrothed and uncle, on their raising the lifeless body of the girl, to be led away to prison, affected more by the interruption of his lust than by her death: that the prison was built for him also which he was wont to call the domicile of the Roman commons. Wherefore, though he might appeal again and again, he himself would again and again propose a judge, to try him on the charge of having sentenced a free person to slavery; if he would not go before a judge, he ordered him to be taken to prison as one already condemned. He was thrown into prison, though without the disapprobation of any individual, yet not without considerable emotion of the public mind, since, in consequence of the punishment by itself of so distinguished a man, their own liberty began to be considered by the commons themselves as excessive.[63]