In the other army sent against the Æquians there was a well-known centurion named Virginius. He had a beautiful daughter, betrothed to L. Icilius, an eminent leader of the Plebeian order. The maiden had attracted the notice of the Decemvir Appius Claudius. He at first tried bribes and allurements, but when these failed he had recourse to an outrageous act of tyranny. One morning, as Virginia, attended by her nurse, was on the way to her school, which was in one of the booths surrounding the forum, M. Claudius, a client of Appius, laid hold of the damsel and claimed her as his slave. The cry of the nurse for help brought a crowd around them, and all parties went before the Decemvir. In his presence Marcus repeated the tale he had learnt, asserting that Virginia was the child of one of his female slaves, and had been imposed upon Virginius by his wife, who was childless. He farther stated that he would prove this to Virginius as soon as he returned to Rome, and he demanded that the girl should meantime be handed over to his custody. Appius, fearing a riot, said that he would let the cause stand over till the next day, but that then, whether her father appeared or not, he should know how to maintain the laws. Straightway two friends of the family made all haste to the camp, which they reached the same evening. Virginius immediately obtained leave of absence, and was already on his way to Rome, when the messenger of Appius arrived, instructing his colleagues to detain him. Early next morning Virginius and his daughter came into the forum with their garments rent. The father appealed to the people for aid, and the women in their company sobbed aloud. But, intent upon the gratification of his passions, Appius cared not for the misery of the father and the girl, and hastened to give sentence, by which he consigned the maiden to his client. Appius, who had brought with him a large body of patricians and their clients, ordered his lictors to disperse the mob. The people drew back, leaving Virginius and his daughter alone before the judgment-seat. All help was gone. The unhappy father then prayed the Decemvir to be allowed to speak one word to the nurse in his daughter's hearing, in order to ascertain whether she was really his daughter. The request was granted. Virginius drew them both aside, and, snatching up a butcher's-knife from one of the stalls, plunged it into his daughter's breast, exclaiming, "There is no way but this to keep thee free." In vain did Appius call out to stop him. The crowd made way for him, and, holding his bloody knife on high, he rushed to the gate of the city and hastened to the army. His comrades espoused his cause, expelled their commanders, and marched toward Rome. They were soon joined by the other army, to whom Numitorius and Icilius had carried the tidings. The Plebeians in the city flocked to them, and they all resolved to retire once more to the Sacred Mount.
This second secession extorted from the Patricians the second great charter of the Plebeian rights. The Patricians compelled the Decemvirs to resign, and sent L. Valerius and M. Horatius, two of the most eminent men of their order, to negotiate with the Plebeians. It was finally agreed that the Tribunes should be restored, that the authority of the Comitia Tributa should be recognized, and that the right of appeal to the people against the power of the supreme magistrates should be confirmed. The Plebeians now returned to the city, and elected, for the first time, ten Tribunes instead of five, a number which remained unchanged down to the latest times. Virginius, Icilius, and Numitorius were among the new Tribunes.
Two Consuls were elected in place of the Decemvirs, and the choice of the Comitia Centuriata naturally fell upon Valerius and Horatius. The new Consuls now redeemed their promises to the Plebeians by bringing forward the laws which are called after them, the Valerian and Horatian Laws. These celebrated laws enacted:
1. That every Roman citizen should have the right of appeal against the sentence of the supreme magistrate. This was, in fact, a solemn confirmation of the old law of Valerius Publicola, passed in the first year of the republic. It was enacted again a third time in B.C. 300, on the proposal of M. Valerius, the Consul. These repeated enactments gave a still farther sanction to the law. In the same way the Great Charter of England was ratified several times.
2. That the Plebiscita, or resolutions passed by the Plebeians in the Comitia Tributa, should have the force of laws, and should be binding alike upon Patricians and Plebeians.
3. That the persons of the Tribunes, Ædiles, and other Plebeian magistrates should be sacred, and whoever injured them should be sold as a slave.
Virginius now accused Appius Claudius, who was thrown into prison to await his trial. But the proud Patrician, seeing that his condemnation was certain, put an end to his own life. Oppius, another of the Decemvirs, and the personal friend of Appius, was condemned and executed. The other Decemvirs were allowed to go into exile, but they were all declared guilty, and their property confiscated to the state.
The Twelve Tables were always regarded as the foundation of the Roman law, and long continued to be held in the highest estimation. But they probably did little more than fix in a written form a large body of customary law, though even this was a benefit to the Plebeians, as they were no longer subject to the arbitrary decisions of the Patrician magistrates. The Patricians still retained their exclusive privileges; and the eleventh table even gave the sanction of law to the old custom which prohibited all intermarriage (connuubium) between the two orders.