Livy - THE HISTORY OF ROME (Complete Edition in 4 Volumes)

The republic was managed with no better success in war than at home. In this the only fault in the generals was, that they had rendered themselves objects of hatred to their fellow citizens: in other respects the whole fault lay with the soldiers; who, lest any enterprise should succeed under the conduct and auspices of the decemvirs, suffered themselves to be beaten, to their own disgrace, and that of them (the generals). Their armies were routed by the Sabines at Eretum, and in Algidum by the Æquans. Having fled from Eretum during the silence of the night, they fortified their camp nearer to the city, on an elevated situation between Fidenæ and Crustumeria; no where encountering the enemy, who pursued them, on equal ground, they protected themselves by the nature of the place and a rampart, not by valour or arms. Greater disgrace and greater loss were sustained in Algidum, their camp also was lost; and the soldiers, stripped of all their utensils, betook themselves to Tusculum, determined to procure the means of subsistence from the good faith and compassion of their hosts; which, however, did not disappoint them. Such alarming accounts were brought to Rome, that the patricians, having laid aside their hatred of the decemvirs, passed an order that watches should be held in the city; commanded that all who were able by reason of their age to carry arms, should mount guard on the walls, and form out-posts before the gates; they also voted arms to be sent to Tusculum, besides a reinforcement; that the decemvirs also should come down from the citadel of Tusculum and keep their troops encamped; that the other camp should be removed from Fidenæ into the Sabine territory; and that the enemy might be deterred, by thus attacking them first, from entertaining any intentions of attacking the city.

To the calamities received from the enemy, the decemvirs add two flagitious deeds, one abroad, and the other in the city. In the Sabine district, Lucius Siccius, who, during the unpopularity of the decemvirs, introduced, in secret conversation with the common soldiers, mention of electing tribunes and of a secession, was sent forwards to select a place for a camp: instructions were given to the soldiers whom they had sent to accompany him in that expedition, to attack him in a convenient place and slay him. They did not kill him with impunity; for several of the assassins fell around him resisting them, whilst, possessing great personal strength and with a courage equal to that strength, he was defending himself against them, now surrounded as he was. The rest bring an account into the camp that Siccius, when fighting bravely, had fallen into an ambush, and that some soldiers were lost with him. At first the narrators were believed; afterwards a cohort, which went by permission of the decemvirs to bury those who had fallen, when they observed that none of the bodies there were stripped, that Siccius lay in the middle with his arms, all the bodies being turned towards him, whilst there was neither any body of the enemy, nor even any traces of them as going away; they brought back his body, saying, that he had certainly been slain by his own men. The camp was now filled with indignation, and it was being determined that Siccius should be forthwith brought to Rome, had not the decemvirs hastened to perform a military funeral for him at the public expense. He was buried amid the great grief of the soldiery, and with the worst possible reputation of the decemvirs among the common people.

Another atrocious deed follows in the city, originating in lust, attended with results not less tragical than that deed which drove the Tarquins from the city and the throne through the injured chastity and violent death of Lucretia: so that the decemvirs not only had the same end as the kings had, but the same cause also of losing their power. Appius Claudius was seized with a criminal passion for violating the person of a young woman of plebeian condition. Lucius Virginius, the girl's father, held an honourable rank among the centurions at Algidum, a man of exemplary good conduct both at home and in the service. His wife had been educated in a similar manner, as also were their children. He had betrothed his daughter to Lucius Icilius, who had been a tribune, a man of spirit and of approved zeal in the interest of the people. This young woman, in the bloom of youth, distinguished for beauty, Appius, burning with desire, attempted to seduce by bribes and promises; and when he perceived that all the avenues (to the possession of her) were barred by modesty, he turned his thoughts to cruel and tyrannical violence. He instructed a dependent of his, Marcus Claudius, to claim the girl as his slave, and not to yield to those who might demand her interim retention of liberty; considering that, because the girl's father was absent, there was an opportunity for committing the injury. The tool of the decemvir's lust laid hands on the girl as she was coming into the forum (for there in the sheds the literary schools were held); calling her "the daughter of his slave and a slave herself," he commanded her to follow him; that he would force her away if she demurred. The girl being stupified with terror, a crowd collects at the cries of the girl's nurse, who besought the protection of the citizens. The popular names of her father, Virginius, and of her spouse, Icilius, are in the mouths of every one. Their regard for them gains over their acquaintances, whilst the heinousness of the proceeding gains over the crowd. She was now safe from violence, when the claimant says, "that there was no occasion for raising a mob; that he was proceeding by law, not by force." He cites the girl into court. Those who stood by her advising her to follow him, they now reached the tribunal of Appius. The claimant rehearses the farce well known to the judge, as being the author of the plot, "that a girl born in his house, and clandestinely transferred from thence to the house of Virginius, had been fathered on the latter." That he stated a thing ascertained by certain evidence, and would prove it to the satisfaction even of Virginius himself, whom the principal portion of that loss would concern. That it was but just that in the interim the girl should accompany her master. The advocates for Virginia, after they had urged that Virginius was absent on business of the state, that he would be here in two days if word were sent to him, that it was unfair that in his absence he should run any risk regarding his children, demand that he adjourn the whole matter till the arrival of the father; that he should allow the claim for her interim liberty according to the law passed by himself, and not allow a maiden of ripe age to encounter the risk of her reputation before that of her liberty.

Appius prefaced his decree by observing that the very law, which Virginius's friends were putting forward as the ground of their demand, clearly showed how much he favoured liberty. But that liberty would find secure protection in it on this condition, that it varied146 neither with respect to cases or persons.147 For with respect to those individuals who were claimed as free, that point of law was good, because148 any person may proceed by law (and act for them); with respect to her who is in the hands of her father, that there was no other person (than her father) to whom her master need relinquish his right of possession. That it was his determination, therefore, that her father should be sent for: in the mean time, that the claimant should suffer no loss of his right, but that he should carry off the girl with him, and promise that she should be produced on the arrival of him who was called her father. When many rather murmured against the injustice of this decision than any one individual ventured to protest against it, the girl's uncle, Publius Numitorius, and her betrothed spouse, Icilius, just come in; and way being made through the crowd, the multitude thinking that Appius might be most effectually resisted by the intervention of Icilius, the lictor declares that "he had decided the matter," and removes Icilius, when he attempted to raise his voice. Injustice so atrocious would have fired even a cool temper. "By the sword, Appius," says he, "I must be removed hence, that you may carry off in silence that which you wish to be concealed. This young woman I am about to marry, determined to have a lawful and chaste wife. Wherefore call together all the lictors even of your colleagues; order the rods and axes to be had in readiness; the betrothed wife of Icilius shall not remain without her father's house. Though you have taken from us the aid of our tribunes, and the power of appeal to the commons of Rome, the two bulwarks for maintaining our liberty, absolute dominion has not therefore been given to you over our wives and children. Vent your fury on our backs and necks; let chastity at least be secure. If violence be offered to her, I shall implore the protection of the citizens here present in behalf of my spouse; Virginius will implore that of the soldiers in behalf of his only daughter; we shall all implore the protection of gods and men, nor shall you carry that sentence into effect without our blood. I demand of you, Appius, consider again and again to what lengths you are proceeding. Let Virginius, when he comes, consider what conduct he should pursue with respect to his daughter. Let him only be assured of this, that if he yield to the claims of this man, he will have to seek out another match for his daughter. As for my part, in vindicating the liberty of my spouse, life shall leave me sooner than my honour."