Ab urbe condita

Titus Livius (Livy)

Livy. History of Rome, Volumes 1-2. Roberts, Canon, Rev, translator. London, New York: J. M. Dent and Sons; E. P. Dutton and Co., 1912.

As to his own personal conduct and his good and evil deeds, however, he would bring them to the test when he had the opportunity of pleading his cause. For the present he claimed the common right of a Roman citizen to be allowed to plead on the appointed day and submit himself to the judgment of the Roman people.

He was not so apprehensive of the general feeling against him as to abandon all hope in the impartiality and sympathy of his fellow-citizens.

If he was to be taken to prison before his case was heard, he would once more appeal to the tribunes, and warn them not to copy the example of those whom they hated. If they admitted that they were bound by the same agreement to abolish the right of appeal which they accused the decemvirs of having formed, then he would appeal to the people and invoke the laws which both consuls and tribunes had enacted that very year to protect that right.

For if before the case is heard and judgment given there is no power of appeal, who would appeal? What plebeian, even the humblest, would find protection in the laws, if Appius Claudius could not? His case would show whether it was tyranny or freedom that was conferred by the new laws, and whether the right of challenge and appeal against the injustice of magistrates was only displayed in empty words or was actually granted.

Verginius replied. Appius Claudius, he said, alone was outside the laws, outside all the bonds that held states or even human society together.

Let men cast their eyes on that tribunal, the fortress of all villainies, where that perpetual decemvir, surrounded by hangmen not lictors, in contempt of gods and men alike, wreaked his vengeance on the goods, the backs, and the lives of the

citizens, threatening all indiscriminately with the rods and axes, and then when his mind was diverted from rapine and murder to lust, tore a free-born maiden from her father's arms, before the eyes of Rome, and gave her to a client, the minister of his intrigues —that

tribunal where by cruel decree and infamous judgment he armed the father's hand against the daughter, where he ordered those who took up the maiden's lifeless body — her betrothed lover and her grandfather —to be thrown into prison, moved less by her death than by the check to his criminal gratification. For him as much as for others was that prison built which he used to call “the domicile of the Roman plebs.”

Let him appeal again and again, he (the speaker) would always refer him to an umpire on the charge of having sentenced a free person to slavery. If he would not go before an umpire he should order him to be imprisoned as though found guilty.

He was accordingly thrown into prison, and though no one actually opposed this step, there was a general feeling of anxiety, since even the plebeians themselves thought it an excessive use of their liberty to inflict punishment on so great a man. The tribune adjourned the day of trial.

During these proceedings ambassadors came from the Latins and Hernicans to offer their congratulations on the restoration of harmony between the patriciate and the plebs. As a memorial of it, they brought an offering to Jupiter Optimus Maximus, in the shape of a golden crown. It was not a large one, as they were not wealthy States; their religious observances were characterised by devotion rather than magnificence. They also brought information that the Aequi and.

Volscians were devoting all their energies to preparing for war. The consuls were thereupon ordered to arrange their respective commands.

The Sabines fell to Horatius, the Aequi to Valerius They proclaimed a levy for these wars, and so favourable was the attitude of the plebs that not only did the men liable for service promptly give in their names, but a large part of the levy consisted of men who had served their time and came forward as volunteers. In this way the army was strengthened not only in numbers but in the quality of the soldiers, as veterans took their places in the ranks.

Before they left the City, the laws of the decemvirs, known as the “Twelve Tables,” were engraved in brass and publicly exhibited; some writers assert that the aediles discharged this task under orders from the tribunes.

[*](Suicide of Appius and Sp. Oppius.)Caius Claudius, through detestation of the crimes committed by the decemvirs, and the anger which he, more than any one, felt at the tyrannical conduct of his nephew, had retired to Regillum, his ancestral home. Though advanced in years, he now returned to the City, to deprecate the dangers threatening the man whose vicious practices had driven him into retirement.

Going down to the Forum in mourning garb, accompanied by the members of his house and by his clients, he appealed to the citizens individually, and implored them not to stain the house of the Claudii with such an indelible disgrace as to deem them worthy of bonds and imprisonment. To think that a man whose image[*](image —Effigies of the distinguished scions of a house, in the form of painted waxen masks, were preserved in the hall, and to each was attached an inscription setting forth the offices, etc., held by the deceased. On the occasion of a funeral these masks were worn by persons who represented the deceased ancestors, and were decorated with all the insignia of the offices they had filled.) would be held in highest honour by posterity, the framer of their laws and the founder of Roman jurisprudence, should be lying manacled amongst nocturnal thieves and

robbers! Let them turn their thoughts for a moment from feelings of exasperation to calm examination and reflection, and forgive one man at the intercession of so many of the Claudii, rather than through their hatred of one man despise the prayers of