This was the end of Appius's assumption of a character not his own. Henceforward he began to live according to his own natural disposition, and to mould to his own temper his new colleagues before they should enter on their office. They held daily meetings remote from witnesses: then, furnished with their schemes of tyranny,[136] which they digested apart from others, no longer dissembling their arrogance, difficult of access, morose to all who addressed them, they carried out the matter to the ides of May. The ides of May were at that time the usual period for commencing office. At the commencement then of their magistracy, they rendered the first day of their office remarkable by making an exhibition of great terror. For when the preceding decemvirs had observed the rule, that only one should have the fasces, and that this emblem of royalty should pass through all in rotation, to each in his turn, they all suddenly came forth with the twelve fasces. One hundred and twenty lictors filled the forum, and carried before them the axes tied up with the fasces: and they explained that it was of no consequence that the axe should be taken away, as they had been appointed without the privilege of appeal.[137] There was the appearance of ten kings, and terrors were multiplied not only in the humblest individuals, but even in the principal men among the patricians, who thought that a pretext and commencement of bloodshed were sought for; so that if any one should utter a word favourable to liberty, either in the senate or in a meeting of the people, the rods and axes would be instantly brought forward, even to intimidate the rest. For besides that there was no protection in the people, the right of appeal being done away with, they had also by mutual consent prohibited interference with each other:[138] whereas the preceding decemvirs had allowed the points of law decided by themselves to be amended by appeal to a colleague, and had referred to the people some points which might seem to come within their own jurisdiction. For a considerable time the terror seemed equalized among all ranks; gradually it began to turn entirely on the commons. They spared the patricians; arbitrary and cruel treatment was shown to the humbler classes: they were wholly respective of the person, not of the cause: as being persons with whom interest usurped the force of justice. Their decisions they concerted at home, and pronounced in the forum. If any person appealed to a colleague, he left the one to whom he had appealed in such a manner as to regret that he had not abided by the sentence of the former. An opinion also had gone abroad without an authority, that they had conspired in their tyranny not only for the present time, but that a clandestine league had been struck among them (accompanied) with an oath, that they would not hold the comitia, and that by perpetuating the decemvirate they would retain the power now in their possession.
The plebeians then began to watch narrowly the countenances of the patricians, and (hoped) to catch the breeze of liberty from that quarter, by apprehending slavery from which, they had brought the republic into its present condition. The leading members of the senate detested the decemvirs, detested the commons; they neither approved of what was going on, and they considered that what befell the latter was not without their deserving it. They were unwilling to assist men who, by rushing too eagerly towards liberty, had fallen into slavery: they even heaped injuries on them, that, from their disgust at the present state of things, two consuls and the former mode of government may at length become desirable. The greater part of the year was now passed, and two tables of laws had been added to the ten tables of the former year; and if these laws also were once passed in an assembly of the centuries, there now remained no reason why the republic should require that form of government. They were anxiously waiting to see how soon the assembly would be proclaimed for the election of consuls. The commons were only devising by what means they should re-establish the tribunitian power, that bulwark of their liberty, a thing now so long discontinued. When in the mean time no mention was made of the elections, and the decemvirs, who had at first exhibited themselves to the people, surrounded by men of tribunitian rank, because that was deemed popular, now guarded themselves by collecting young patricians; troops of these beset the tribunals. These seized and drove about the commons, and the effects of the commons; when success attended the more powerful individual, as far as obtaining any thing he might covet.[139] And now they spared not even their backs. Some were beaten with rods; others had to submit to the axe; and lest such cruelty might go for nothing, a grant of his effects followed the punishment of the owner. Corrupted by such bribes, the young nobility not only made no opposition to oppression, but openly avowed their preference of their own gratification to the general liberty.
The ides of May came. No new election of magistrates having taken place, private persons came forth as decemvirs, without any abatement either in their determination to enforce their authority,[140] or any diminution in the emblems employed to make a parade of their station. This indeed seemed to be regal tyranny. Liberty is now deplored as lost for ever; nor does any champion stand forth, or appear likely to do so. And not only they themselves sunk into despondence, but they began to be looked down upon by the neighbouring states; and they felt indignant that dominion should exist where liberty was lost. The Sabines with a numerous body of men made an incursion on the Roman territory; and having committed extensive devastations, after they had driven with impunity booty of men and cattle, they recalled their troops which had been dispersed in different directions to Eretum, and pitch their camp there, grounding their hopes on the dissensions at Rome; (and trusting) that they would prove an obstruction to the levy. Not only the couriers, but the flight of the country people through the city, occasioned alarm. The decemvirs consult what should be done. Whilst they were thus left destitute between the hatred of the patricians and people, fortune added, moreover, another cause of alarm. The Æquans on the opposite side pitch their camp at Algidum; and ambassadors from Tusculum, imploring relief, bring accounts that the Tusculan land was ravaged by detachments from thence. The panic occasioned hereby urged the decemvirs to consult the senate, two wars at the same time surrounding the city. They order the patricians to be summoned into the senate-house, well aware what a storm of resentment was ready to break upon them; that all would heap on them the causes of the land laid waste, and of the dangers which threatened them; and that that would occasion an attempt to abolish their office, if they did not unite in resisting, and by enforcing their authority with severity on a few of an intractable spirit repress the efforts of others. When the voice was heard in the forum of the crier summoning the senators into the senate-house before the decemvirs; as a matter altogether new, because they had long since laid aside the custom of consulting the senate, it attracted the attention of the people, who expressed their surprise: "What could have happened, that after so long an interval they should revive a practice now discontinued. That they had reason to return thanks to the enemy and to war, that any thing was done that used to be done when their state was free." They looked around for a senator through all parts of the forum, and seldom recognised one any where: they then directed their attention to the senate-house, and to the solitude around the decemvirs: whilst both they themselves referred the non-assembling of the patricians to their own universally detested government, and the commons (would have it, that the cause of the non-assembling was) because, being but private citizens, they (the decemvirs) had no right to convene the senate;[141] "that a head was now formed of those who would demand back their liberty, if the commons would but accompany the senate, and as the patricians, when summoned, did not attend the senate, so the commons also should refuse to enlist." Such were the remarks of the commons. There was scarcely any of the patricians in the forum, and but very few in the city. In disgust with the state of affairs, they had retired into the country, and were attending to their own affairs, renouncing all public concerns, considering that they themselves were aloof from ill-treatment in proportion as they should remove themselves from the meeting and converse of their imperious masters. When those who had been summoned did not assemble, apparitors were despatched to their houses, both to levy the penalties,[142] and to ascertain whether they declined attendance through design? They bring back word that the senate was in the country. This was more pleasing to the decemvirs, than if they brought word that they were present and refused obedience to their commands. They command them all to be sent for, and proclaim a meeting of the senate for the following day; which congregated together in much greater numbers than they themselves had expected. By which proceeding the commons considered that their liberty was betrayed by the patricians, because the senate had obeyed those persons, as if they had a right to compel them, who had already gone out of office; and were but private individuals, were it not for the violence employed by them.[143]
But they showed more obedience in coming into the senate than servility in the sentiments expressed by them, as we have learned. It is recorded that, after Appius's stating the subject of the meeting, and before the opinions were demanded in order, Lucius Valerius Potitus excited a commotion, by demanding permission to express his sentiments concerning the state, and when the decemvirs were prohibiting him with threats, declaring that he would present himself before the people. (We have also heard) that Marcus Horatius Barbatus entered the lists with no less boldness, calling them "ten Tarquins," and reminding them, "that under the leadership of the Valerii and Horatii[144] the kings had been expelled. Nor was it of the mere name that men were then tired, it being that by which it was usual to style Jupiter, and by which Romulus, the founder of the city, and his successors were also styled; a name too which has been retained even in the ceremonies of religion, as a solemn one; that it was the tyranny and arrogance of a king they then detested, which if they were not to be tolerated in one who was both a king himself and the son of a king, who was to tolerate it in so many private citizens? that they should beware lest, by preventing persons from speaking their sentiments freely in the senate, they might oblige them to raise their voice outside the senate-house. Nor could he see how it was less allowable for him, a private citizen, to summon the people to an assembly, than for them to convene the senate. They might try, whenever they pleased, how much more determined a sense of wrong will be found to be in vindicating one's own liberty, than ambition in (vindicating) usurped domination. That they proposed the question concerning the Sabine war, as if the Roman people had any more important war on hand, than that against those who, having been elected for the purpose of framing laws, had left no law in the state; who had abolished elections, annual magistrates, the regular change of rulers, which was the only means of equalizing liberty; who, though private citizens, still possess the fasces and regal dominion. That on the expulsion of the kings, patrician magistrates were appointed, and subsequently, after the secession of the people, plebeian magistrates. To which party, he asked, did they belong? To the popular party? What had they ever done with the concurrence of the people? were they nobles? who for now nearly an entire year have not held a meeting of the senate; and then hold one in such a manner, that they actually prevent numbers from expressing their sentiments regarding the commonwealth; that they should not place too much hope in the fears of others; that the grievances which they are suffering now appear to men more oppressive than any they may have to apprehend."
Whilst Horatius was exclaiming in this manner, "and the decemvirs could not discover any limit either to their anger or forbearance, nor could they see to what the thing would come, Caius Claudius, who was uncle to Appius the decemvir, delivered an address more like entreaties than reproach, beseeching him by the shade of his own brother and of his father, that he would hold in recollection the civil society in which he had been born rather than the confederacy nefariously entered into with his colleagues; that he besought this much more on Appius's own account, than for the sake of the commonwealth. For that the commonwealth would assert its rights in spite of them, if it could not obtain them with their consent. But that from great contests great animosities arise; the result of the latter he dreads." Though the decemvirs forbad them to speak on any other subject than that which they had submitted to them, they felt too much respect for Claudius to interrupt him. He therefore concluded his address by moving that it was their wish that no decree of the senate should be passed. And all understood the matter thus, that they were judged by Claudius to be private citizens; and many of the men of consular standing expressed their assent. Another measure proposed, more harsh in appearance, possessed much less efficacy; one which ordered the patricians to assemble to elect an interrex; for by passing any resolution they judged, that those persons who convened the senate were magistrates of some kind or other, whilst the person who recommended that no decree of the senate should be passed, had thereby declared them private citizens. When the cause of the decemvirs was now sinking, Lucius Cornelius Maluginensis, brother of Marcus Cornelius the decemvir, having been purposely reserved from among the consular men to close the debate, by affecting an anxiety about the war, defended his brother and his colleagues thus: saying, "he wondered by what fatality it had occurred, that those who had been candidates for the decemvirate, should attack the decemvirs, either as secondaries,[145] or as principals: or when no one disputed for so many months whilst the state was disengaged, whether legal magistrates had the management of affairs, why do they now sow discord, when the enemies are nearly at the gate; unless that in a state of confusion they think that what they are aiming at will be less seen through." But that it was not just that any one should prejudice so important a cause, whilst our minds are occupied with a more momentous concern. It was his opinion, that the point which Valerius and Horatius urged, viz. that the decemvirs had gone out of office before the ides of May, should be discussed in the senate, when the wars which are now impending are over, and the commonwealth has been restored to tranquillity: and that Appius Claudius should now prepare to take notice that an account is to be rendered by him of the comitia which he himself held for electing decemvirs, whether they were elected for one year, or until the laws which were wanting were ratified. It was his opinion that all other matters should be laid aside for the present, except the war; and if they thought that the reports regarding it were propagated without foundation, and that not only the couriers, but the ambassadors of the Tusculans also had stated what was false, he thought that scouts should be despatched to bring back more certain information; but if credit were given both to the couriers and the ambassadors, that the levy should be held at the very earliest opportunity; that the decemvirs should lead the armies, whither it may seem proper to each; and that no other matter should take precedence.