Anthony Everitt - The Rise of Rome

THE WAR WENT badly, and disaffection spread among the soldiery. However, the final crisis, when it came, was neither military nor political in character. As with the fall of the kings, it apparently stemmed from a sex scandal. Appius fancied a beautiful young woman from a plebeian family. The daughter of Lucius Verginius, a serving centurion in the army, she was the fiancée of a former tribune, Lucius Icilius. Roman girls married young, and we may assume that she was in her early teens. She resisted Appius’s blandishments, so he decided on an ingenious kind of compulsion.

He told a dependent or client of his to claim Verginia as his slave and seize her. One morning, the man laid hands on her in the Forum as she was on her way to school. He claimed that, like her mother before her, she was his slave and instructed her to follow him. The girl was dumbstruck with shock and fear, but her nurse had her wits about her and shouted for help. A crowd quickly gathered.

Appius, who was sitting on a nearby platform presiding over a law court, saw that abduction was now out of the question. He therefore summoned Verginia to appear before him and assured everyone that the affair was completely aboveboard. He had excellent evidence, he said, that she had been stolen from his house, where she was born, and palmed off on Verginius.

The mood in the Forum grew ugly, and Appius reluctantly agreed to postpone the hearing until Verginius could be recalled from the front. He insisted that in the meantime Verginia should be cared for by the claimant. By this time, Icilius had arrived and after angry exchanges Appius gave way again and surrendered the girl to her fiancé. The following morning, father and daughter appeared before the court. The proceedings had hardly begun when Appius interrupted and gave his judgment. Verginia was a slave and should be handed over to her rightful owner.

Supporters standing around the girl refused to let her go. An officer of the Decemvirate blew a trumpet for silence, and Appius spoke. “I have incontrovertible evidence,” he said, “that throughout last night meetings were being held in the city for seditious purposes. I have therefore brought an armed escort with me to check disturbers of the peace. It will be wiser to keep quiet. Lictor, clear the crowd. Let the master through to take possession of his slave.”

Until this point, Verginius had been loudly protesting, but he now changed tack. He apologized to the decemvir for his behavior. “Let me question the nurse here, in my child’s presence,” he said. “Then if I find I am not her father, I shall understand and be able to go away in a calmer frame of mind.” Permission was granted, and he led the two women to a row of shops, called New Shops, near the shrine of Venus Cloacina, tutelary spirit of the Cloaca Maxima, the drain that crossed the Forum.

He then grabbed a knife from a butcher. “This is the only way to make you free,” he said, stabbing his daughter to the heart. “Appius, may the curse of this blood rest on your head forever.”

Undismayed, the decemvir summoned Icilius. The crowd was now at fever pitch. Valerius and Horatius joined the press around the young man and ordered the lictors to refuse service to Appius, as he had no official position. At this point, the decemvir’s nerve failed him and, afraid for his life, he wrapped his head in his cloak and disappeared into a nearby house.

The decemvirs refused to resign, and the Senate could not make up its mind what to do. A Roman army in the field made it up for them. They returned to the city and encamped on the Aventine, where they were joined by much of the civilian population. This second secession did the trick. The decemvirs resigned, hoping not to be punished. Appius, though, remarked, “I know well enough what is coming to us.”

He was right. The old constitution was restored. New consuls, Horatius and Valerius, who, in Cicero’s words, “wisely favored popular measures to keep the peace,” were elected, and so was a full roster of tribunes and aediles. Appius was summarily flung into jail. He appealed to the People and a trial was agreed. He kept up the typical haughty manner of a Claudian, but he could sense the rising anger in the city as the day of the hearing approached. He decided not to face his day in court and killed himself.

For a Roman, suicide was an appropriate act in the face of a hopeless situation— nulla spes . But a Claudian was expected to show contempt for circumstance, and Appius’s family pretended that he had died a natural death. His son was in charge of the funeral arrangements, and asked the tribunes and the consuls to convene an Assembly in the Forum, as was the custom with the famous dead, at which he could deliver a eulogy. Permission was refused.

THE FATE OF the decemvirs had important consequences. First of all, it offered future generations a striking moral and human example. Verginius joined Brutus as another heroic killer of his own offspring—bloodshed as virtus . On this occasion, the lesson to be drawn is the high priority the Roman family placed on the purity of its daughters. Sex with an unmarried and freeborn young woman was absolutely prohibited, because it interfered with the hereditary bloodline. (By contrast, going to bed with a non-citizen, whether male or female, was acceptable, if not exactly admirable, behavior).

The collapse of the Decemvirate and the second secession marked a further triumphant phase in the advance of the plebs. The consuls had three important laws passed by the official, constitutional general assembly, the comitia centuriata . The first one endorsed the sacrosanctity of the tribunes of the People and perhaps their power of veto; until now, their status had been guaranteed only by an oath taken by the extraconstitutional concilium plebis , the Plebeian Council. In future, the Republic itself would stand guarantor of the tribunes’ safety. The state within a state had at last joined the state.

The second law concerned citizens’ right of appeal. The basic principle had been dealt with in 509, but the decemvirs had been created specifically without a right of appeal against their decisions. The loophole had to be plugged, and Valerius and Horatius prohibited the Republic from bringing into being any new magistrates not subject to appeal.

Finally, and most controversially, proposals approved by the Plebeian Council were given the force of law, although probably on condition of some kind of external validation. This was a significant advance, for it will be recalled that the council voted by tribes and not according to the unfair division into centuries, which heavily favored the voting power of the wealthy.

ALTHOUGH THE DECEMVIRS came to grief, they had a signal achievement of which they could be justly proud—the Twelve Tables (as the Ten plus the Two came to be called). These codified customary law into statutes, and opened the administration of justice to public scrutiny, at least in principle. Livy writes that they are “still today the fountainhead of public and private law, running clear under the immense and complicated superstructure of modern legislation.” Cicero recalls having to learn them by heart when he was a schoolboy.

Curiously, for a document so highly valued and widely distributed, no text has come down to us. A number of quotations survive here and there in an archaic Latin, but one cannot be quite sure how accurately they have been remembered and how characteristic they are of the whole. The plebs quickly ensured the repeal of the offensive ban on marriage between noble and commoner, but the rest of the Twelve Tables were well received. A strengthening of the rights of wives moderated the domestic despotism of patria potestas , a father’s authority over his family. Other rules facilitated the emancipation of slaves and regulated inheritance, debt, and nexum , interest on loans, contracts, and conveyancing. Extravagance was discouraged.