The tribunes adjourned the day of trial.
Meanwhile, ambassadors from the Hernicans and Latins came to Rome to offer their congratulations on the harmony existing between the patricians and commons, and as an offering on that account to Jupiter, best and greatest, they brought into the Capitol a golden crown, of small weight, as money at that time was not plentiful, and the duties of religion were performed rather with piety than splendour. On the same authority it was ascertained that the Aequans 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 to Valerius. After they had proclaimed a levy for these wars, through the good offices of the commons, not only the younger men, but a large number, consisting of volunteers from among those who had served their time,[64] attended to give in their names: and hence the army was stronger not only in the number but also in the quality of its soldiers, owing to the admixture of veterans. Before they marched out of the city, they engraved on brass, and fixed up in public view, the decemviral laws, which are named "the twelve tables." There are some who state that the aediles discharged that office by order of the tribunes.
Gaius Claudius, who, detesting the crimes of the decemvirs and, above all, incensed at the arrogant conduct of his brother-in-law, had retired to Regillum, his ancestral home. Though advanced in years, he now returned to the City, to deprecate the dangers threatening the man whose vicious practices had driven him into retirement. Going down to the Forum in mourning garb, accompanied by the members of his house and by his clients, he appealed to the citizens individually, and implored them not to stain the house of the Claudii with such an indelible disgrace as to deem them worthy of bonds and imprisonment. To think that a man whose image would be held in highest honour by posterity, the framer of their laws and the founder of Roman jurisprudence, should be lying manacled amongst nocturnal thieves and robbers! Let them turn their thoughts for a moment from feelings of exasperation to calm examination and reflection, and forgive one man at the intercession of so many of the Claudii, rather than through their hatred of one man despise the prayers of many. So far he himself would go for the honour of his family and his name, but he was not reconciled to the man whose distressed condition he was anxious to relieve. By courage their liberties had been recovered, by clemency the harmony of the orders in the State could be strengthened. Some were moved, but it was more by the affection he showed for his nephew than by any regard for the man for whom he was pleading. But Verginius begged them with tears to keep their compassion for him and his daughter, and not to listen to the prayers of the Claudii, who had assumed sovereign power over the plebs, but to the three tribunes, kinsmen of Verginia, who, after being elected to protect the plebeians, were now seeking their protection. This appeal was felt to have more justice in it. All hope being now cut off, Appius put an end to his life before the day of trial came.
Soon after Sp. Oppius was arraigned by P. Numitorius. He was only less detested than Appius, because he had been in the City when his colleague pronounced the iniquitous judgment. More indignation, however, was aroused by an atrocity which Oppius had committed than by his not having prevented one. A witness was produced, who after reckoning up twenty-seven years of service, and eight occasions on which he had been decorated for conspicuous bravery, appeared before the people wearing all his decorations. Tearing open his dress he exhibited his back lacerated with stripes. He asked for nothing but a proof on Oppius' part of any single charge against him; if such proof were forthcoming, Oppius, though now only a private citizen, might repeat all his cruelty towards him. Oppius was taken to prison and there, before the day of trial, he put an end to his life. His property and that of Claudius were confiscated by the tribunes. Their colleagues changed their domicile by going into exile; their property also was confiscated. M. Claudius, who had been the claimant of Verginia, was tried and condemned; Verginius himself, however, refused to press for the extreme penalty, so he was allowed to go into exile to Tibur. Verginia was more fortunate after her death than in her lifetime; her shade, after wandering through so many houses in quest of expiatory penalties, at length found rest, not one guilty person being now left.
Great alarm seized the patricians; the looks of the tribunes were now as menacing as those of the decemvirs had been. M. Duillius the tribune imposed a salutary check upon their excessive exercise of authority. "We have gone," he said, "far enough in the assertion of our liberty and the punishment of our opponents, so for this year I will allow no man to be brought to trial or cast into prison. I disapprove of old crimes, long forgotten, being raked up, now that the recent ones have been atoned for by the punishment of the decemvirs. The unceasing care which both the consuls are taking to protect your liberties is a guarantee that nothing will be done which will call for the power of the tribunes." This spirit of moderation shown by the tribune relieved the fears of the patricians, but it also intensified their resentment against the consuls, for they seemed to be so wholly devoted to the plebs, that the safety and liberty of the patricians were a matter of more immediate concern to the plebeian than they were to the patrician magistrates. It seemed as though their adversaries would grow weary of inflicting punishment on them sooner than the consuls would curb their insolence. It was pretty generally asserted that they had shown weakness, since their laws had been sanctioned by the senate, and no doubt was entertained that they had yielded to the pressure of circumstances.
After matters had been settled in the City and the position of the plebs firmly assured, the consuls left for their respective provinces. Valerius wisely suspended operations against the armies of the Aequans and the Volscians, which had now united at Algidum: whereas, if he had immediately intrusted the issue to fortune, I am inclined to think that, considering the feelings both of the Romans and of their enemies at that time, after the unfavourable auspices of the decemvirs,[65] the contest would have cost him 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 answer when they challenged them to fight. At length, wearied with standing and waiting in vain for a contest, the Aequans and Volscians, considering that the victory was almost yielded to them, went off some to Hernican, others to Latin territory, 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 in turn inspired the terror which his own men had previously felt, and having drawn up his troops in order of battle on his side, provoked the enemy to fight. When they, conscious of their lack of forces, declined battle, the courage of the Romans immediately increased, and they considered them vanquished, as they stood panic-stricken within their rampart. Having stood throughout the day eager 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 anxious, despatched messengers in every direction to recall the plundering parties.
Those in the nearest places returned: those who were farther off were not found. When day dawned, the Romans left the camp, determined on assaulting the rampart, unless an opportunity of fighting presented itself; and when the day was now far advanced, and no movement was made by the enemy, the consul ordered an advance; and the troops being put in motion, the Aequans and Volscians were seized with indignation, at the thought that victorious armies had 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 marching in order, as they went down each to his own post, when the Roman consul, before the enemy's line, supported by their entire strength, could get into close order, advanced upon them; and having attacked them before they were all as yet led forth, and before those, who were, had their lines properly drawn out, he fell upon them, a crowd almost beginning to waver, as they ran from one place to another, and gazed around upon themselves, and looked eagerly for their friends, the shouts and violent attack adding to the already panic-stricken condition of their minds. The enemy at first gave way; then, having rallied their spirits, when their generals on every side reproachfully asked them, whether they intended to yield to vanquished foes, the battle was restored.
On the other side, the consul desired the Romans to remember that on that day, for the first time, they fought as free men in defence of Rome, now a free city. That it was for themselves they were about to conquer, not to become, when victorious, the prize of the decemvirs. That it was not under the command of Appius that operations were being conducted, but under their consul Valerius, descended from the liberators of the Roman people, himself their liberator. Let them show that in former battles it had been the fault of the generals and not of the soldiers, that they did not conquer. That it was shameful to have exhibited more courage against their own countrymen than against their enemies, and to have dreaded slavery more at home than abroad. That Verginia was the only person whose chastity had been in danger in time of peace; that Appius had been the only citizen of dangerous lust. But if the fortune of war should turn against them, the children of all would be in danger from so many thousands of enemies; that he was unwilling to forebode what neither Jupiter nor their father Mars would be likely to suffer to befall a city built under such auspices. He reminded them of the Aventine and the Sacred Mount; that they should bring back dominion unimpaired to that spot, where their liberty had been won but a few months before; and that they should show that the Roman soldiers retained the same disposition after the expulsion of the decemvirs, as they had possessed before they were appointed, and that the valour of the Roman people had not deteriorated after the laws had been equalized. After he uttered these words among the battalions of the infantry, he hurried from them to the cavalry. "Come, young men," said he, "show yourselves superior to the infantry in valour, as you already are their superiors in honour and in rank. The infantry at the first onset have made the enemy give way; now that they have given way, do you give reins to your horses and drive them from the field. They will not stand your charge; even now they rather hesitate than resist." They spurred on their horses, and charged at full speed against the enemy, who were already thrown into confusion by the attack of the infantry: and having broken through the ranks, some dashing on to the rear of their line, others wheeling about in the open space from the flanks, turned most of them away from the camp as they were now flying in all directions, and by riding beyond them headed them off. The line of infantry, the consul himself, and the whole onset of the battle was borne toward the camp, and having taken it with considerable slaughter, he got possession of still more considerable booty. The fame of this battle, carried not only to the city, but to the other army also in Sabine territory, was welcomed in the city with public rejoicing; in the camp, it inspirited the soldiers to emulate such glory. Horatius, by training them in sallies, and making trial of them in slight skirmishes, had accustomed them to trust in themselves rather than remember the ignominy incurred under the command of the decemvirs, and these trifling engagements had greatly contributed to the successful consummation of their hopes. The Sabines, elated at their success in the preceding year, ceased not to provoke and urge them to fight, constantly asking why they wasted time, sallying forth in small numbers and returning like marauders, and why they distributed the issue of a single war over a number of engagements, and those of no importance. Why did they not meet them in the field, and intrust to fortune the decision of the matter once and for all?
Besides that they had already of themselves recovered sufficient courage, the Romans were fired with exasperation at the thought that the other army would soon return victorious to the city; that the enemy were now wantonly affronting them with insolence: when, moreover, would they be a match for the enemy, if they were not so then? When the consul ascertained that the soldiers loudly expressed these sentiments in the camp, having summoned an assembly, he spoke as follows: "How matters have fared in Algidum, I suppose that you, soldiers, have already heard. As became the army of the free people to behave, so have they behaved; through the good judgment of my colleague and the valour of the soldiers, the victory has been gained. For my part, I shall display the same judgment and determination as you yourselves, O soldiers, display. The war may either be prolonged with advantage, or be brought to a speedy conclusion. If it is to be prolonged, I shall take care, by employing the same method of warfare with which I have begun, that your hopes and your valour may increase every day. If you have now sufficient courage, and it is your wish that the matter be decided, come, raise here a shout such as you will raise in the field of battle, in token both of your wishes and your valour." Whenthe shout was raised with great alacrity, he assured them that he would comply with their wishes—and so might Heaven prosper it—and lead them next day into the field. The remainder of the day was spent in getting ready their arms. On the following day, as soon as the Sabines saw the Roman army being drawn up in order of battle, they too, having long since been eager for the encounter, advanced. The battle was one such as would be fought between two armies who both had confidence in themselves, the one on account of its long-standing and unbroken career of glory, the other recently elated by its unusual success. The Sabines aided their strength also by stratagem; for, having formed a line equal to that of the Romans, they kept two thousand men in reserve, to make an attack on the left wing of the Romans in the heat of the battle. When these, by an attack in flank, were on the point of overpowering that wing, now almost surrounded, about six hundred of the cavalry of two legions leaped down from their horses, and, as their men were giving way, rushed forward in front, and at the same time both opposed the advance of the enemy, and roused the courage of the infantry, first by sharing the danger equally with them, and then by arousing in them a sense of shame. It was a matter of shame that the cavalry should fight in their own proper fashion and in that of others, and that the infantry should not be equal to the cavalry even when dismounted.[66]
They marched therefore to the fight, which had been suspended on their part, and endeavoured to regain the ground which they had lost, and in a moment not only was the battle restored, but one of the wings of the Sabines gave way. The cavalry, protected between the ranks of the infantry, remounted their horses; they then galloped across to the other division to announce their success to their party; at the same time also they charged the enemy, now disheartened by the discomfiture of their stronger wing. The valour of none shone forth more conspicuous in that battle. The consul provided for all emergencies; he applauded the brave, rebuked wherever the battle seemed to slacken. When reproved, they displayed immediately the deeds of brave men; and a sense of shame stimulated these, as much as praises the others. The shout being raised anew, all together making a united effort, drove the enemy back; nor could the Roman attack be any longer resisted.