49
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.
50
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.
51
The ambassadors being dismissed, Virginius reminds the soldiers "that a little time 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 concurrence than of a concerted plan. His opinion was, that ten persons be elected, who should preside in the management of their affairs, and, in the style of military dignity, that they should be called tribunes of the soldiers." When that honour was offered to himself in the first instance, he replied, "Reserve for an occasion more favourable to you and to me those your kind opinions of me. My daughter being unavenged, neither allows any honour to be satisfactory to me, nor in the disturbed state of things is it useful that those should be at your head who are most obnoxious to party malice. If there will be any use of me, such use will be derived not in a less degree from me in a private station." They then elect military tribunes ten in number. Nor was the army among the Sabines inactive. There also, at the instance of Icilius and Numitorius, a secession from the decemvirs took place, the commotion of men's minds on recollecting the murder of Siccius being not less than that, which the recent account of the barbarous attempt made on the maiden to gratify lust had enkindled. When Icilius heard that tribunes of the soldiers were elected on Mount Aventine, lest the election-assembly in the city might 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, he also takes care, before they proceeded to the city, that the same number be elected by his own party with an equal power. They entered the city through theColline gate in military array, and proceeded in a body to the Aventine through the middle of the city. There, joined to the other army, they commissioned the twenty tribunes of the soldiers to select two out of their number, who should hold the command in chief. They choose Marcus Oppius and Sextus Manilius. The patricians, alarmed for the general safety, though there was a meeting every day, waste 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 conditions, than that the decemvirs should lay down the badges of that office, which had expired the year before. The decemvirs, complaining that they were now being degraded, stated that they would not resign their office, until those laws were passed on account of which they had been appointed.
52
The people being informed through Marcus Duilius, who had been tribune of the people, that by reason of their continual contentions no business was transacted, passes from the Aventine to the Sacred mount; Duilius affirming that serious concern for business would not 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 restored to concord without the restoration of (the tribunitian) power. Having set out along the Nomentan way, which was then called the Ficulnean, 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 their steps, piteously asking to whom would they leave them, in a city in which neither chastity nor liberty were respected? When the unusual solitude rendered every place in Rome void; when there was in the forum no one but a few old men; when, the patricians being convened into the senate, the forum appeared deserted; more now besides Horatius and Valerius began to exclaim, "What will ye now wait for, conscript fathers? If the decemvirs do not put an end to their obstinacy, will ye suffer all things to go to wreck and ruin? What power is that, decemvirs, which yeembrace and hold so firmly? do you mean to administer justice to walls and mere 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 ye to do, in case the enemy should approach the city? What, if the commons should come presently in arms, if we seem not to be moved by their secession? do you mean to conclude your power by the fall of the city? But (the case is this,) either we must not have the commons, or they must have their tribunes. We would sooner 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 that they have tested the sweets of it, endure its loss: more especially since we make not a moderate use of our power, so that they may not stand in need of (tribunitian) aid." When these arguments were thrown out from every quarter, the decemvirs, overpowered by the united opinions of all, declare that, since such seems to be the feeling, they would submit to the authority of the patricians. All they ask is, that they may be protected from popular rage; they give a warning, that they should not through shedding their blood habituate the people to inflict punishment on the patricians.
53
Then Valerius and Horatius, having been sent to bring back the people on such terms as might seem fit, and to adjust all differences, are directed to make provision also for the decemvirs from the resentment and violence of the multitude. They set forward and are received into the camp with great joy by the people, as being their liberators beyond all doubt, both at the commencement of the disturbance and at the termination of the matter. In consideration of these things, thanks were returned to them on their arrival. Icilius speaks in the name of the people. When the terms came to be considered, the ambassadors inquiring what were the demands of the people, the same individual, having already concerted the plan before the arrival of the ambassadors, stated demands of such a nature, that it became evident, that more hope was placed in the justice of their case than in arms. For they demanded back the tribunitian office and the right of appeal, which, before the appointment of decemvirs, had been the props of the people, and that it should not be visited with injury to any one, to have instigated the soldiers or the commons to seek back 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 they threatened that they would burn them alive. In answer the ambassadors say, the demands which have been the result of deliberation are so reasonable, that they should be voluntarily offered to you; for you seek them as safeguards to your liberty, not as means of licentious power to assail others. Your resentment we must rather pardon than indulge; seeing that from your hatred of cruelty ye rush into cruelty, and almost before you are free yourselves, you wish already to lord it over your enemies. Shall our state never enjoy rest from punishments, either of the patricians on the Roman commons, or of the commons on the patricians? you have occasion for a shield rather than for a sword. He is sufficiently and abundantly humble, who lives in a state on an equal footing, neither inflicting nor suffering injury. Moreover, "should you feel disposed to render yourselves formidable, when, having 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; now it is sufficient that your liberty be restored."
54
All permitting them to act just as they think proper, the ambassadors assure them that they would speedily return, having completed every matter. When they went and laid before the patricians the message of the commons, 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 a particular object of detestation, measuring the rancour of others towards him by his own towards them, says, "I am aware of the fate which hangs over me. I see that the contest against us is deferred, until our arms are delivered up to our adversaries. Blood must be offered up to popular rage. Not even do I demur to resign my decemvirate." A decree of the senate is then passed, "that the decemvirs should without delay 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 visited on any one." These decrees being finished, the senate being dismissed, thedecemvirs come forth into the assembly, and resign their office, to the great joy of all. News of this is carried to the commons. All the people remaining in the city escort the ambassadors. This crowd was met by another joyous body from the camp; they congratulate each other on the restoration of peace and concord to the state. The deputies address the assembly: "Be it advantageous, fortunate, and happy for you and the republic, return into your country to your household gods, your wives and children; but carry into the city the same modesty which you observed here, where, amid the consumption of so many matters necessary for so large a number of persons, no man's field has been injured. Go to the Aventine, whence ye set out. In that auspicious place, where ye took the first step towards liberty, ye shall elect tribunes of the people. The chief pontiff will be at hand to hold the elections." Great was their assent and joy, as evinced in their approbation of every measure. They then hastily raise their standards, and having set out for Rome, vie in exultation with all they met. There, the chief pontiff holding the meeting for the elections, they elected as their tribunes of the people, first of all A. Virginius, then Lucius Icilius, and Publius Numitorius the uncle of Virginia, the advisers of the secession. Then Caius Sicinius, the offspring of him who is recorded to have been elected first tribune of the commons on the Sacred mount; and Marcus Duilius, who had passed through a distinguished tribuneship before the creation of the decemvirs, and was never wanting to the commons in their contests with the decemvirs. Marcus Titinius, Marcus Pomponius, Caius Apronius, Publius Villius, and Caius Oppius, were elected more from hope (entertained of them) than from any services (performed). When he entered on his tribuneship, Lucius Icilius proposed to the commons, and the commons ordered, that the secession from the decemvirs which had taken place should not prove detrimental to any individual. Immediately after Duilius carried a proposition for electing consuls, with right of appeal. All these things were transacted in an assembly of the commons in the Flaminian meadows, which they now call the Flaminian circus.
55
Then through an interrex Lucius Valerius and Marcus Horatius were elected consuls, who immediately entered on their office; whose consulship was popular without any actual injury to the patricians, though not without their displeasure; for whatever provision was made for securing the liberty of the commons, that they considered to be a diminution made in their own power. First of all, when it was as it were a point in controversy, 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 collectively, should bind the entire people; by which law a most keen-edged weapon was given to motions introduced by tribunes. Then another law made by a consul concerning the right of appeal, a singular security to liberty, and subverted by the decemviral power, they not only restore, but guard it also for the time to come, by enacting a new law, "that no one should appoint any magistrate without a right of appeal; if any person should so elect, it would 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 tribunitian aid on the other, they renewed for the tribunes themselves (the privilege) that they should be held sacred and inviolable, the memory of which matter had now been almost lost, reviving certain ceremonies which had been long disused; and they rendered them inviolable both by the religious institution, as well as by a law, enacting, that "whoever should offer injury to tribunes of the people, ædiles, judges, decemvirs, his person should be devoted to Jupiter, and his property be sold at the temple of Ceres, Liber and Libera." Commentators deny that any person is by this law sacrosanct; but that he who may do an injury to any of them, is deemed to be devoted; therefore that 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, yet it is a proof that an ædile is not considered as sacred; that the tribunes were sacred and inviolable by an ancient oath of the commons, when first they created that office. There have been persons 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 that a consul was called a judge. Which interpretation isrefuted, because at this time it was not yet the custom for the consul to be styled judge, but the prætor. These were the laws proposed by the consuls. It was also regulated by the same consuls, that decrees of the senate should be deposited with the ædiles of the commons in the temple of Ceres; which before that used to be suppressed and altered at the pleasure of the consuls. Marcus Duilius then, tribune of the commons, proposed to the people, and the people ordered, that "whoever left the people without tribunes, and whoever caused a magistrate to be elected without the right of appeal, should be punished with stripes and beheaded." All these matters, though against the feelings of the patricians, passed off without opposition from them, because no severity was aimed at any particular individual.
56
Then both the tribunitian power and the liberty of the commons being firmly established, the tribunes now deeming it both safe and seasonable to attack individuals, single out Virginius as the first prosecutor and Appius as defendant. When Virginius appointed a day for Appius, and Appius came down to the forum, accompanied by some young patricians, the memory of his most profligate exercise of power was instantly revived in the minds of all, as soon as they beheld himself and his satellites. Then Virginius says, "Long speeches have been invented 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 ye have rescued yourselves by force of arms, nor shall I suffer him to add impudence to his other enormous crimes in defending himself. Wherefore, Appius Claudius, I remit to you the accumulated impious and nefarious deeds you have had the effrontery to commit for the last two years; with respect to one charge only, unless you will appoint a judge, (and prove) that you have not, contrary to the laws, sentenced a free person to be a slave, I 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 regarded him, being seized by the bailiff, he exclaims, "I appeal." The hearing of this one expression, that safeguard of liberty, uttered from that mouth by which a free citizen was so recently consigned to slavery, occasioned general silence. And, whilst theyobserve to each other, that "at length there are gods, and that they do not disregard human affairs; and that punishments await tyranny and cruelty, which, though late, are still by no means light; that he now appealed, who had abolished all right of appeal; and that he implored the protection of the people, who had trampled down all the rights of the people; and that he was dragged off to prison, destitute of the rights of liberty, who had doomed a free person to slavery." Amid the murmurs of the assembly, the voice of Appius was heard imploring the protection of the Roman people. He enumerated the services of his ancestors to the state, at home and abroad; his own unfortunate zeal towards the Roman commons; that he had resigned the consulship, to the great displeasure of the patricians, for the purpose of equalizing the laws; (he then mentioned) his laws; which, though they still remained in force, the framer of them was dragged to a prison. But the peculiar advantages and disadvantages of his case he would then make trial of, when an opportunity would 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. That he did not dread popular rage so much as not to place any hope in the equity 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 acknowledge themselves bound in the same confederacy for abolishing the right of appeal, which they charged the decemvirs with having formed, then he appealed to the people: he implored the benefit of the laws passed that very year, both by the consuls and tribunes, regarding the right of appeal. For who would appeal, if this were not allowed a person as yet uncondemned, whose case has not been heard? what plebeian and humble individual would find protection in the laws, if Appius Claudius could not? that he would afford 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 empty words, or effectually granted.
57
Virginius, on the other hand, affirmed that AppiusClaudius was the only person not entitled to a participation in the laws, nor in civil or human society. That men should look to the tribunal, the fortress of all villanies; where that perpetual decemvir, venting his fury on the properties, backs, and blood of the citizens, threatening all with his rods and axes, a despiser of gods and men, attended with executioners, not lictors, changing his mind from rapine and murder to lust, before the eyes of the Roman people, tore a free-born maiden, as if a prisoner of war, from the embraces of her father, and gave her as a present to a dependant, the pander to his secret pleasures. Where by a cruel decree, and by a most villainous decision, he armed the right hand of the father against the daughter: where he ordered the spouse and uncle, on their raising the lifeless body of the girl, to be taken off to a prison; moved more at the interruption to his sensual gratification than at her untimely death. That the prison was built for him also, which he used to call the domicile of the Roman commons. Wherefore, though he may appeal again and oftener, he would as frequently refer him to a judge, on the charge of having sentenced a free person to slavery; if he would not go before a judge, that he ordered him to be taken to prison as one condemned. He was thrown into prison, and though without the disapprobation of any individual, yet not without considerable emotions of the public mind, when, in consequence of the punishment of so distinguished a man, their own liberty began to appear to the commons themselves as excessive. The tribune deferred the day of trial. Whilst these matters are going on, ambassadors from the Hernicians and Latins came to Rome to present their congratulations on the harmony subsisting between the patricians and commons; and as an offering on that account to Jupiter, the best and greatest, they brought into the Capitol a golden crown, of small weight, as riches at that time did not abound, and the duties of religion were performed rather with piety than magnificence. From the same source it was ascertained that the Æquans 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 and Volscians to that of Valerius. On their proclaiming a levy for these wars, through the good wishes of the commons, not only the younger men, but of those whohad served out their time, a considerable portion as volunteers, attended to give in their names: and hence the army was stronger not only by the number, but also by the kind of soldiers, veterans being mixed with them. Before they marched out of the city, they engraved on brass, and fixed up in public view, the decemviral laws, which have received the name of "the twelve tables." There are some who state that the ædiles discharged that office by order of the tribunes.
58
Caius Claudius, who, detesting the crimes of the decemvirs and, above all, incensed at the arrogant conduct of his brother's son, had retired to Regillum, the country of his forefathers, having returned, though now advanced in years, to deprecate the dangers impending over that man, whose vices he had shunned, now clad in a mourning garment, with the members of his family and his clients, went about the forum, and solicited the interest of the citizens individually, "That they would not cast such a stain on the Claudian family, as to consider them deserving of imprisonment and chains; that a man whose image would be most highly honoured with posterity, the framer of their laws and the founder of Roman jurisprudence, lay in chains amongst nightly thieves and robbers. (He begged) that they would turn away their minds from resentment for a while to examination and reflection; and rather pardon one at the intercession of so many members of the Claudian family, than through a hatred of one spurn the entreaties of many; that he himself also paid this tribute to the family and the name; nor had he been reconciled to him, whose unfortunate situation he wished to relieve; that by fortitude liberty had been recovered; by clemency the harmony of the several orders might be established." Some there were whom he influenced more by his warm attachment to his family than for the sake of him for whom he interceded. But Virginius begged that "they would rather pity him and his daughter; and that they would listen to the entreaties, not of the Claudian family, which had assumed a sort of sovereignty over the commons, but those of the near friends of Virginia and of the three tribunes; who having been created for the aid of the commons, were now themselves imploring the protection and aid of the commons." These tears appeared more just. Accordingly, all hope being cut off, Appius put a period to his life, before the day arrived appointed for histrial. Soon after, Spurius Oppius, the next object of public indignation, as having been in the city when the unjust decision was given by his colleague, was arraigned by Publius Numitorius. However, an act of injustice committed by Oppius brought more odium on him, than the not preventing one (in the case of Appius). A witness was brought forward, who, after reckoning up twenty campaigns, after having been particularly honoured eight different times, and wearing these honours in the sight of the Roman people, tore open his garment and exhibited his back torn with stripes, asking no other conditions but "that, if the accused could name any one guilty act of his, he might, though a private individual, once more repeat his severity on him." Oppius was also thrown into prison, where he put a period to his life before the day of trial. The tribunes confiscated the property of Appius and Oppius. Their colleagues left their homes to go into exile; their property was confiscated. Marcus Claudius, the claimant of Virginia, being condemned on the day of his trial, was discharged and went away into exile to Tibur, Virginius himself remitting the penalty as far as it affected his life; and the shade of Virginia, more fortunate after death than when living, after having roamed through so many families in quest of vengeance, at length rested in peace, no guilty person being left unpunished.
59
Great alarm seized the patricians, and the countenances of the tribunes were now the same as those of the decemvirs had been, when Marcus Duilius, tribune of the people, having put a salutary check to their immoderate power, says, "There has been both enough of liberty on our own part, and of vengeance on our enemies; wherefore for this year I will neither suffer a day of trial to be appointed for any one, nor any person to be thrown into prison. For it is neither pleasing to me that old crimes now forgotten should be again brought forward, seeing that the recent ones have been atoned for by the punishment of the decemvirs; and the unremitting care of both the consuls in defending your liberties, is ample security that nothing will be committed which will call for tribunitian interference." This moderation of the tribune first relieved the patricians from their fears, and at the same time increased their ill-will towards the consuls; for they had been so devoted to the commons, that even a plebeian magistrate took an earlier interest in the safety and liberty of the patricians, than one of patrician rank; and their enemies would have been surfeited with inflicting punishments on them, before the consuls, to all appearance, would have resisted their licentious career. And there were many who said that a want of firmness was shown, inasmuch as the fathers had given their approbation to the laws proposed; nor was there a doubt, but that in this troubled state of public affairs they had yielded to the times.
60
The business in the city being settled, and the rights of the commons being firmly established, the consuls departed to their respective provinces. Valerius prudently deferred all warlike operations against the armies of the Æquans and the Volscians, which had now formed a junction at Algidum. But if he had immediately committed the result to fortune, I know not but that, such were the feelings both of the Romans and of their enemies since the unfavourable auspices of the decemvirs, the contest would have stood them in a 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 them any answer when they challenged them to battle. At length, wearied from standing and from waiting in vain for a contest, the Æquans and Volscians, considering that the victory was in a manner conceded to them, go off, some to the Hernicians, some to the Latins, 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 retorted the terror previously occasioned to his men, and drawing up his troops in order of battle, he now in his turn provokes the enemy to fight. When they, from a feeling of the absence of their forces, declined battle, the courage of the Romans immediately increased, and they considered as vanquished those who stood panic-stricken within their rampart. After having stood for the entire day prepared 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 in trepidation, despatch messengers in every direction to call back the plundering parties. Those in the nearest places return thence; those who were farther off were not found.When the day dawned, the Romans leave the camp, determining on assaulting the rampart unless an opportunity of fighting were afforded; and when the day was now far advanced, and no movement was made by the enemy, the consul orders them to advance; and the troops being put in motion, the Æquans and the Volscians became indignant, that victorious armies were 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 observing order, marching down each to his own post, when the Roman consul, before the enemy's line could be drawn up, supported by their entire strength, advanced on them; and having attacked them before they were all as yet led forth, and when those who were so had not their ranks sufficiently arranged, he falls on the unsteady crowd of them, running in trepidation from one place to another, and throwing around their eyes on themselves and on their friends, a shout and violent onset adding to the already confused state of their minds. The enemy at first gave way; then, when they had rallied their spirits, and their generals on every side reprovingly asked them, whether they were about to yield to their vanquished foes, the battle was restored.
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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 to conquer, and not that they should be the prize of the decemvirs, after conquering. That it was not under the command of Appius that the action was being conducted, but under their consul Valerius, descended from the liberators of the Roman people, himself too a liberator. That they should 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 had more courage against their own countrymen than against their enemies, and to have dreaded slavery more at home than abroad. That Virginia was the only person whose chastity was in danger in time of peace: that Appius was the only citizen of dangerous lust. But if the fortune of war should turn against them, all their children would be in danger from so many thousands of enemies. That he would not, on account of the omen, mention things which may neither Jupiter nor their father Mars suffer to befall a city built under such auspices." He reminded them of the Aventine and the Sacred mount; and "that they should bring back dominion unimpaired to that spot, where their liberty had been established but a few months before: and that they should show that the Roman soldiers retained the same abilities after the expulsion of the decemvirs, which they had possessed before they were appointed; and that the valour of the Roman people was not deteriorated after the laws were equalized." After he uttered these words among the battalions of the infantry, he flies from them to the cavalry. "Come, young men, surpass in valour the infantry, as you already surpass them 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 spur on their horses, and drive in amongst the enemy who were already thrown into confusion by the attack of the infantry; and having broken through the ranks, and pushed on to the rear of their line, a part wheeling round in the open space, turn most of them away from the camp to which they were now flying from all sides, and by riding on before they deter them from that direction. The line of infantry, and the consul himself, and the main body of the army make for the camp, and having taken it with considerable slaughter, they get possession of a great quantity of booty. The fame of this battle was carried not only to the city, but to the other army also among the Sabines. In the city it was celebrated only with public rejoicing; in the camp it fired the courage of the soldiers to emulate such glory. Horatius, by training them in excursions, and making trial of them in slight skirmishes, had accustomed them to trust in themselves rather than to remember the ignominy incurred under the command of the decemvirs, and these little encounters had now gone so far as to insure to them the consummation of all their hopes. The Sabines, elated at their success on the preceding year, ceased not to provoke and urge them (to fight,) constantly asking them why they wasted time, sallying forth in small numbers and returning like marauders, and why they parcelled out thegrand effort of a single war on a number of insignificant skirmishes? why did they not engage them in the field, and consign the result to fortune to be determined at once?
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Besides that they had already of themselves recovered a sufficient degree of courage, the Romans were fired with exasperation "that the other army would soon return victorious to the city; that the enemy were now wantonly insulting them by contumelies; when would they be a match for the enemy, if they were not so then?" When the consul ascertained that the soldiers gave expression to these sentiments in the camp, having summoned an assembly: "How matters have gone on in Algidum," says he, "I suppose that you, soldiers, have already heard. As became the army of a free people to behave, so have they behaved: through the judicious conduct of my colleague and the valour of the soldiers, the victory has been gained. For my part, the plan and determination which I am to maintain, you yourselves shall suggest. The war may be both prolonged with advantage, and be brought to a speedy conclusion. If it is to be prolonged, I shall take care by the same discipline with which I have commenced, 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 on, raise here that shout such as you will raise in the field of battle, the index at once of your inclination and your valour." When the shout was raised with great alacrity, he assures them "that with the good favour of heaven, he would comply with their wishes and lead them next day to the field." The remainder of the day is spent in preparing their arms. On the following day, as soon as the Sabines saw the Roman army being drawn up in order of battle, they too, as being long since eager for the encounter, come forward. The battle was such a one as may be expected between two armies confident in themselves, the one animated by the glory of former and uninterrupted glory, the other lately so by an unusual instance of success. The Sabines aided their strength by stratagem also; for having formed a line equal (to that of the enemy,) 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 overpowering that wing, now almost surrounded, about six hundred of the cavalry of two legions leapdown from their horses, and rush forward in front of their men, now giving way; and they at the same time both oppose the progress of the enemy, and incite the courage of the infantry, first 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 character and in that of others; and that the infantry should not be equal to the cavalry even when dismounted.
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They press forward therefore to the fight, which had been suspended on their part, and endeavour to regain the ground which they had lost, and in a moment not only is the battle restored, but one of the wings of the Sabines gives way. The cavalry, covered between the ranks of the foot, return to their horses; they then gallop across to the other division to announce their success to their party; at the same time also they make a charge on the enemy, now disheartened by the discomfiture of their stronger wing. The valour of none shone 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 energy of brave men; and a sense of shame stimulated them as much as praises excited the others. The shout being raised anew, and making a united effort, they drive the enemy back; nor could the Roman power be any longer resisted. The Sabines, driven in every direction through the country, leave behind them their camp as plunder for the enemy. There the Roman recovers the effects not of the allies, as at Algidum, but his own property, which had been lost by the devastations of their lands. For this double victory, obtained in two battles, in two different places, the senate through jealousy decreed merely supplications in the name of the consuls for one day only. The people went, however, on the second day also in great numbers of their own accord to offer thanksgiving; and this unauthorized and popular supplication was even more zealously attended. The consuls by concert came to the city within the same two days, and called out the senate to the Campus Martius. Where, when they were relating the services performed by themselves, the chiefs of the patricians complained that the senate was convened among the soldiers designedly for the purpose of intimidation. The consuls therefore, lest there might be any foundation forsuch a charge, called away the senate to the Flaminian meadows, where the temple of Apollo now is (even then they called it Apollinaris). Where, when a triumph was refused by a large majority of the patricians, Lucius Icilius, tribune of the commons, proposed to the people regarding the triumph of the consuls, many persons coming forward to argue against the measure, but in particular Caius Claudius, exclaiming, "That it was over the senate, not over the enemy, the consuls wished to triumph; and that it was intended as a return for a private service to a tribune, and not as an honour due to valour. That never before was the matter of a triumph managed through the people; but that the consideration concerning the honour and the disposal of it, always lay with the senate; that not even the kings had infringed on the majesty of this highest order. That the tribunes should not thus occupy every department with their own authority, so as to allow the existence of no public council; that the state would be free, and the laws equalized by these means only, if each rank would retain its own rights, its own dignity." Though much had been said by the other senior patricians also to the same purpose, all the tribes approved that proposition. Then for the first time a triumph was celebrated by order of the people, without the authority of the senate.
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This victory of the tribunes and people was well nigh terminating in an extravagance of a by no means salutary tendency, a conspiracy being formed among the tribunes to have the same tribunes re-elected, and in order that their ambition might be the less conspicuous, to continue their office to the consuls. They pleaded, as a cause, the combination of the patricians by which the privileges of the commons were attempted to be undermined by the affronts thrown upon the consuls. What would be the consequence, before the laws are yet firmly established, if consuls should through their factions attack the new tribunes. For that Horatii and Valerii would not always be consuls, who would postpone their own interest to the liberty of the people. By some concurrence of circumstances, useful at the time, it fell by lot to Marcus Duilius above any one else to preside at the elections, a man of prudence, and who perceived the storm of public odium that was hanging over them from the continuance of their office. And when he stated that he would take no notice of the former tribunes, and his colleagues strenuously insisted that he should allow the tribes to be at liberty to vote, or should give up the office of presiding at the elections to his colleagues, who would hold the election according to law rather than according to the pleasure of the patricians; a contention being now excited, when Duilius had sent for the consuls to his seat and asked them what they contemplated doing with respect to the consular elections, and they answered that they would appoint new consuls, having found popular supporters of a measure by no means popular, he proceeded with them into the assembly. Where, when the consuls, being brought forward before the people, and asked, whether if the Roman people, mindful of their liberty recovered at home through them, mindful also of their military services, should again elect them consuls, what they would do, made no change in their sentiments; he held the election, after eulogizing the consuls, because they persevered to the last in being unlike the decemvirs; and five tribunes of the people being elected, when, through the zealous exertions of the nine tribunes who openly pushed their canvass, the other candidates could not make up the required number of tribes, he dismissed the assembly; nor did he hold one after for the purpose of an election. He said that he had fulfilled the law, which without any where specifying the number of tribunes, only enacted that tribunes should be left; and recommended that colleagues be chosen by those who had been elected. And he recited the terms of the law, in which (it is said,) "If I shall propose ten tribunes of the commons, if you elect this day less than ten tribunes of the people, then that those whom they may have chosen as colleagues for themselves be legitimate tribunes of the people, by the same law as those whom you have this day elected tribunes of the people." When Duilius persevered to the last, stating that the republic could not have fifteen tribunes of the people, after baffling the ambition of his colleagues, he resigned his office, being equally approved by the patricians and people.