The multitude was now excited, and a contest seemed likely to ensue. The lictors had taken their stand around Icilius; nor did they, however, proceed beyond threats, when Appius said, "that it was not Virginia that was defended by Icilius, but that, being a restless man, and even now breathing the spirit of the tribuneship, he was seeking an occasion for a disturbance. That he would not afford him material on that day; but in order that he may now know that the concession has been made not to his petulance, but to the absent Virginius, to the name of father and to liberty, that he would not decide the cause on that day, nor interpose a decree: that he would request of Marcus Claudius to forego somewhat of his right, and suffer the girl to be bailed till the next day. But unless the father attended on the following day, he gave notice to Icilius and to men like Icilius, that neither the founder would be wanting to his own law, nor firmness to the decemvir; nor would he assemble the lictors of his colleagues to put down the promoters of sedition; that he would be content with his own lictors." When the time of this act of injustice was deferred, and the friends of the maiden had retired, it was first of all determined, that the brother of Icilius and the son of Numitorius, both active young men, should proceed thence straightforward to the gate, and that Virginius should be brought from the camp with all possible haste. That the safety of the girl depended on his being present next day at the proper time, as her protector from injury. They proceed according to directions and with all speed carry the account to her father. When the claimant of the maiden was pressing Icilius to become defendant, and give sureties,[149] and Icilius said that that was the very thing he was doing, designedly spinning out the time, until the messengers sent to the camp might gain time for their journey, the multitude raised their hands on all sides, and every one showed himself ready to go surety for Icilius. And he with tears in his eyes says, It is very kind of you; on to-morrow I will avail myself of your assistance; at present I have sufficient sureties. Thus Virginia is bailed on the security of her relations. Appius having delayed a short time, that he might not appear to have sat on account of the present case, when no one applied, all other concerns being given up by reason of their solicitude about the one, betook himself home, and writes to his colleagues to the camp, "not to grant leave of absence to Virginius, and even to keep him in confinement." This wicked scheme was late, as it deserved to be; for Virginius, having already obtained his leave, had set out at the first watch, while the letter regarding his detention was delivered on the following morning to no purpose.
But in the city, when the citizens were standing in the forum erect with expectation, Virginius, clad in mourning, by break of day conducts his daughter, also attired in weeds, attended by some matrons, into the forum, with a considerable body of advocates. He then began to go round and to solicit individuals; and not only to entreat their aid as a boon to his prayers, but demanded it as due to him: "that he stood daily in the field of battle in defence of their children and wives, nor was there any other man, to whom a greater number of brave and intrepid deeds in war can be ascribed than to him. What availed it, if, whilst the city was still secure, their children would be exposed to suffer the severest hardships which would have to be dreaded if it was taken?" Delivering these observations like one haranguing in an assembly, he solicited them individually. Similar arguments were used by Icilius: the female attendants produced more effect by their silent tears than any language. With a mind utterly insensible to all this, (such, a paroxysm of madness, rather than of love, had perverted his mind,) Appius ascended the tribunal; and when the claimant began to complain briefly, that justice had not been administered to him on the preceding day through a desire to please the people, before either he could go through with his claim, or an opportunity of reply was afforded to Virginius, Appius interrupts him. The preamble with which he prefaced the sentence, ancient authors may have handed down perhaps with truth; because I no where find any one that was likely (to have been used) on so scandalous a business, it seems, that the naked fact should be stated as being a point which is agreed on, viz. that he passed a sentence[150] consigning her to slavery. At first all were astounded with amazement at so heinous a proceeding; then silence prevailed for some time. Then when Marcus Claudius proceeded to seize the maiden, the matrons standing around her, and was received with piteous lamentation of the women, Virginius, menacingly extending his hands towards Appius, says, To Icilius, and not to you, Appius, have I betrothed my daughter, and for matrimony, not prostitution, have I brought her up. Do you wish men to gratify their lust promiscuously, like cattle and wild beasts? Whether these persons will endure such things, I know not; I hope that those will not who have arms in their hands. When the claimant of the girl was repulsed by the crowd of women and advocates who were standing around her, silence was commanded by the crier.
The decemvir, engrossed in mind by his lustful propensities, states that not only from the abusive language of Icilius yesterday, and the violence of Virginius, of which he had the entire Roman people as witnesses, but from authentic information also he ascertained, that cabals were held in the city during the whole night to stir up a sedition. Accordingly that he, being aware of that danger, had come down with armed soldiers; not that he would molest any peaceable person, but in order to punish suitably to the majesty of the government persons disturbing the tranquillity of the state. It will, therefore, be better to remain quiet. Go, lictor, says he, remove the crowd; and make way for the master to lay hold of his slave. When, bursting with passion, he had thundered out these words, the multitude themselves voluntarily separated, and the girl stood deserted a prey to injustice. Then Virginius, when he saw no aid any where, says, I beg you, Appius, first pardon a father's grief, if I have said any thing too harsh against you: in the next place, suffer me to question the nurse before the maiden, what all this matter is? that if I have been falsely called her father, I may depart hence with a more resigned mind. Permission being granted, he draws the girl and the nurse aside to the sheds near the temple of Cloacina, which now go by the name of the new sheds: and there snatching up a knife from a butcher, "In this one way, the only one in my power, do I secure to you your liberty." He then transfixes the girl's breast, and looking back towards the tribunal, he says, "With this blood I devote thee, Appius, and thy head." Appius, aroused by the cry raised at so dreadful a deed, orders Virginius to be seized. He, armed with the knife, cleared the way whithersoever he went, until, protected by the crowd of persons attending him, he reached the gate. Icilius and Numitorius take up the lifeless body and exhibit it to the people: they deplore the villany of Appius, the fatal beauty of the maiden, and the dire necessity of the father. The matrons who followed exclaim, "Was this the condition of rearing children? were these the rewards of chastity?" and other things which female grief on such occasions suggests, when their complaints are so much the more affecting, in proportion as (their grief) is more intense from the natural tenderness of their minds. The voice of the men, and more especially of Icilius, entirely turned on the tribunitian power, on the right of appeal to the people which had been taken from them, and on the indignities thrown upon the state.
The multitude was excited partly by the atrocious nature of the deed, partly by the hope of recovering their liberty through a favourable opportunity. Appius now orders Icilius to be summoned before him, now on refusing to come to be seized; at length, when an opportunity of approaching him was not afforded to the beadles, he himself proceeding through the crowd with a body of young patricians, orders him to be taken into confinement. Now not only the multitude, but Lucius Valerius and Marcus Horatius, the leaders of the multitude, stood around Icilius: who, having repulsed the lictor, stated, that "if he meant to proceed by law, they would protect Icilius from one who was but a private citizen; if he desired to employ force, that they would be no bad match for him even then." Hence arises a furious scuffle. The decemvir's lictor attacks Valerius and Horatius: the fasces are broken by the people. Appius ascends the tribunal; Horatius and Valerius follow him. To them the assembly pays attention, they drown with clamour the voice of the decemvir. Now Valerius authoritatively ordered the lictors to depart from one who was but a private citizen: when Appius, whose spirits were now broken, being alarmed for his life, betook himself into a house in the vicinity of the forum, unknown to his enemies, with his head covered up. Spurius Oppius, in order to assist his colleague, rushes into the forum from the opposite side; he sees their authority overpowered by force. Distracted then by various counsels between which he wavered, by assenting to several advisers from every side, he eventually ordered the senate to be convened. Because the proceedings of the decemvirs seemed to be displeasing to the greater portion of the patricians, this step quieted the people with the hope that the government would be abolished through the senate. The senate gave their opinion that neither the commons should be exasperated, and much more that care should be taken that the arrival of Virginius should not occasion any commotion in the army.
Accordingly some of the junior patricians, being sent to the camp which was at that time on Mount Vecilius, announce to the decemvirs "that by every means in their power they should keep the soldiers from mutinying." Where Virginius occasioned greater commotion than he had left behind him in the city. For besides that he was seen coming with a body of near four hundred men, who, fired at the heinous enormity of the occurrence, had accompanied him from the city; the unsheathed weapon and himself besmeared with blood, attracted to him the entire camp; and the gowns[151] seen in the different 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 he uttered not a word. At length, as soon as the crowd of those running together became still, and silence took place, he related every thing in order as it occurred. Then extending his hands towards heaven, addressing his fellow soldiers, he begged of them, "not to impute to him that which was the crime of Appius, not to abhor him as the murderer of his children." 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 a slave, thinking it better that his child should be lost by death than by dishonour, through compassion for her he fell into an appearance of cruelty. Nor would he have survived his daughter, had he not placed hope of avenging her death in the aid of his fellow soldiers. For that 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 impunity, so much the more unbridled would it be. That in the calamities of others a warning was given to them to guard against a similar injury. That for his own part, his wife had been taken from him by fate; his daughter, because she no longer could live in chastity, died an unfortunate but honourable death; that there was no longer in his house an opportunity for Appius's lust; that from any other violence of his he would defend his person with the same spirit with which he vindicated that of his daughter. That others should take care of themselves and of their children. To Virginius, uttering these words in a loud voice, the multitude responded with a shout, "that they would not be backward, with respect either to his wrongs or their own liberty. And the gown-men mixing with the crowd of soldiers, both by narrating with sorrow those same circumstances, and by showing how much more shocking they must have appeared when seen than when merely heard, and also by telling them that matters were now desperate at Rome; those also who followed (the persons that accompanied Virginius from Rome) and alleged that Appius, having with difficulty escaped with life, had gone into exile;[152] all these individuals so far influenced them that there was a general cry to arms, they snatched up their standards, and set out for Rome." The decemvirs, being alarmed at the same time both by what they now saw, as well as by those things which they had heard had taken place at Rome, ran about to different parts of the camp to quell the commotion. Whilst they proceeded with mildness no answer was returned to them. If any of them attempted to exert authority over them, the answer given was, that "they were men and had arms." They go in a body to the city and post themselves on the Aventine; encouraging the commons, according as each person met them, to reassume their liberty, and elect tribunes of the people; no other violent expression was heard. Spurius Oppius holds a meeting of the senate; it is resolved that no harsh proceedings should be adopted, as occasion for the sedition had been given by themselves. Three men of consular rank, Spurius Tarpeius, Caius Julius, Publius Sulpicius, are sent as ambassadors, to inquire, in the name of the senate, by whose orders they had deserted the camp? or what they intended in posting themselves on the Aventine in arms, and in turning away their arms from the enemy and taking their own country? They were at no loss for an answer; they wanted some one to give the answer, there being as yet no certain leader, and individuals not being forward enough to expose themselves to the invidious office. The multitude only called out with one voice, that they should send Lucius Valerius and Marcus Horatius to them: that to them they would give their answer.