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At last the noble ladies of Rome, headed by Volum'nia, the mother of Caius, and his wife, Vergil'ia, with her young children, went out in a sad and solemn procession to plead for their sacred city. Coriolanus honored, above all, the mother to whose wise and faithful care he owed his greatness. He sprang to meet her with fitting reverence, but before she would receive his greeting, Volumnia exclaimed: "Let me know whether I stand, in thy camp, thy prisoner or thy mother; whether I am speaking to an enemy or to my son!" Her reproaches silenced Caius; the entreaties of his wife and children, and the tears of the noble ladies, moved him from his purpose. He exclaimed, "Mother, thine is the victory; thou hast saved Rome, but thou hast lost thy son!" He led away the Volscian army. Some say he fell a victim to their revenge; but others, that he lived on among them to extreme old age, and lamented, in the desolateness of his years of infirmity, the factious pride that had exiled him from wife, children, and native land.

43. In the meantime, Rome suffered another visitation of pestilence, in which thousands of people died daily in the streets. The Equians and Volscians ravaged the country up to the walls of Rome; and in addition to their other miseries, the crowded multitude were threatened with starvation. Their civil grievances were not to be redressed by anything less than a thorough and radical reform. In the year 462 B. C., the tribune Terenti'lius Harsa proposed the appointment of a board of ten commissioners, half patrician and half plebeian, to revise the constitution, define the duties of consuls and tribunes, and frame a code of laws from the mass of decisions and precedents. This movement was the occasion for ten years of violent contention, during which Rome was several times near falling into the hands of the Volscians, and was once actually occupied by a band of exiles and slaves under a Sabine leader, Herdo'nius, who seized the Capitol and demanded the restoration of all banished citizens to their rights in Rome.

44. Chief of the exiles was Kæso Quinc'tius, son of the great Cincinna'tus, who had been expelled for raising riots in the Forum, to prevent any action of the people upon the Terentilian law. The invading party was defeated, and every man slain. The father of Kaso was then consul. In revenge for the fate of his son, he declared that the law should never pass while he was in office; and that he would immediately lead the entire citizen-soldiery out to war, thus preventing a meeting of the tribes. Nay more, the augurs were to accompany him, and so consecrate the ground of the encampment, that a lawful assembly could be held under the absolute power of the consuls, and repeal all the laws which had ever been enacted at Rome under the authority of the tribunes. At the close of his term, Cincinnatus declared that he would appoint a dictator, whose authority would supersede that of all other officers, patrician or plebeian. All these

things could be done under the strict forms of the Roman constitution; but the Senate and the wiser patricians saw that the patience of the commons might be taxed too far, and persuaded Cincinnatus to forego so extreme an exercise of his power.

45. War with the Equians went on, and treaties were only made to be broken. In the year 458 B. C., the entire Roman army was entrapped in a pass of the Alban Hills, surrounded by the enemy, and in imminent danger of destruction. In this crisis, Cincinnatus, who had retired from the consulship to resume his favorite toil of farming, was called to be dictator, with absolute power. The messengers of the Senate found him at his plow, in his little garden-plot across the Tiber. He left the plow in the furrow, hastened to Rome, levied a new army in a single day, went out and defeated the Æquians, and returned the next evening in triumph.

RECAPITULATION

Consuls are appointed with kingly power, but for a limited time. Rome subject to Porsena. The Latins are defeated at the Lake Regillus. Roman nobles oppress their debtors, and the poor secede. Tribunes of the people and ædiles are appointed. The first Agrarian Law is proposed by Cassius, B. C. 486. To avenge the tyranny of their consuls, the common soldiers refuse to fight. The Fabii take sides with the people, and are destroyed in their colony on the Cremera. The Publilian Laws give the election of officers to the people in their tribes, B. C. 471. War and pestilence. Ten years' debate upon the Terentilian Laws, which propose a revision of the constitution, B. C. 462-452. The Capitol seized by exiles and Sabines. Cincinnatus, as a noble, opposes the commons, but, as a general, saves Rome.

THE LAWS OF THE TWELVE TABLES.

46. The passage of the Terentilian law was delayed six years, but at length the nobles yielded the main point, and the decemviri were chosen. Though wholly patrician, they were men who enjoyed the confidence of both orders for their proved integrity. Both consuls and tribunes were superseded for the time, and full powers, constituent, legislative, and executive, were intrusted to the Ten. The laws of the Twelve Tables, which were the result of their labors, became the "source of all public and private right" at Rome for many centuries. During the debate upon the bill, commissioners had already been sent to Greece, to study the laws and constitution of the Hellenic states. They returned with an Ionian sophist, Hermodo'rus of Ephesus, who aided in explaining to the lawmakers whatever was obscure in the notes of the commissioners; and so valuable were his services, that he was honored with a statue in the Roman comitium.

47. Only a few points in this celebrated work of legislation can here be noticed. The laws of Rome gave to a father absolute right of property in

his family. He might sell his son, his daughter, or even his wife. The latter act, indeed, was denounced as impious by the religious law, but no penalty was attached to it; the curse of the chief pontiff merely marked the guilty person for the wrathful judgments of Heaven. If a father desired to make his son free, the process was more difficult than the emancipation of a slave. The latter, if sold to another master, could be liberated at once, but a son thus sold and liberated returned to the possession of his father. This subjection could only end with the death of the parent, though the son himself might then be an old man. The Twelve Tables enacted that, if a father had three times sold his son, he lost all further control over him; but a son thus emancipated was considered as severed from all relationship with his father, and could no longer inherit his property. Women were all their lives considered as minors and wards. If their father died, they passed under the control of their brothers; or, if they married, they became the absolute property of their husbands. A widow might become the ward of her own son. Marriages between patricians and plebeians were declared unlawful, and children born in such had no claim upon their fathers' possessions.

48. The ten Law-givers visited with their heaviest penalties the defamation of character; and so stringent was their definition of libel, that neither poets nor historians dared even name the living except in terms of praise. It is much more difficult, therefore, to gain a true idea of public men in the history of Rome than of Greece, whose historians spoke with grand impartiality of men and measures, and the license of whose comic poets, though often used with insolent injustice, yet shows us all the weak points of character, and reveals the man as his contemporaries really saw him. The Roman historians, even when writing of the past, could often draw their materials only from funeral orations, or from the flattering verses of dependent poets, laid up among the records of great families.

49. The decemvirs, during their appointed year of office, completed ten tables of laws; and these, according to Roman ideas, were so just and so acceptable, that the assemblies willingly consented to renew the same form of government for another term, especially as the work of legislation was not quite complete. In the new decemvirate, Appius Claudius was reelected, and his unscrupulous character now made itself felt in the tyrannical nature of the government. The people found that they had ten consuls instead of two, and the power of the Ten was unchecked by any popular tribune.

50. The domestic rights of the plebeians were rudely invaded. A fair maiden, Virginia, caught the eye of Appius as she went daily to school in the Forum, attended by her nurse. He declared that she was the slave of one of his clients, having been born of a slave-woman in his house, and sold to the wife of Virginius, who had no children of her own. The friends

of Virginia and of the people resented this insolent falsehood with such indignation, that the consul's officers were compelled to release the maiden under bonds to appear the next day before his judgment-seat, where her lineage might be proved.

Virginius, her father, was with the army before Tus'culum. He was hastily summoned, and, riding all night, reached the city early in the morning. In the garb of a suppliant, he appeared in the Forum with his daughter and a great company of matrons and friends. But his plea was not heard. Appius judged the maiden to be, at least, considered a slave until her freedom could be proved, in direct violation of the law which he had himself enacted the year before, that every one should be regarded as free until proved a slave. Virginius perceived that no justice could be expected before such a tribunal. He only demanded one last word with his daughter; and having drawn her aside with her nurse into one of the stalls of the Forum, he seized a butcher's knife and plunged it into her heart, crying aloud, "Thus only, my child, can I keep thee free!" Then turning to the decemvir, he exclaimed, "On thy head be the curse of this innocent blood!" No one obeyed the consul's order to seize him. With the bloody knife in his hand, he rushed through the crowd, mounted his horse at the gate of the city, and rode to the camp.

51. The army of plebeians arose at his call and marched upon Rome. They entered and passed through the streets to the Aventine, calling upon the people, as they went, to elect ten tribunes and defend their rights. The other army, near Fide ́næ, was aroused in the same manner by Icil'ius, the betrothed lover of Virginia. The common soldiers put aside those of the decemvirs who were with them, chose, likewise, ten tribunes, and marched to the city. The twenty tribunes appointed two of their number to act for the rest, and then leaving the Aventine guarded by a garrison, they passed out of the walls followed by the army, and as many of the people as could remove, and established themselves again on the Sacred Mount beyond the Anio.

52. The Senate, which had wavered, was now compelled to act. The seceders had declared that they would treat with no one but Valerius and Hora'tius, men whom they could trust. These were sent to hear their demands. The people required that the power of the tribunes should be restored, a right of appeal from the decision of the magistrates to the popular assembly established, and the decemvirs given up to be burnt, as nine friends of the commons had been, within the memory of men still living. This latter demand, caused only by the exasperation of the moment, was withdrawn upon maturer council; the others were granted, the decemvirs resigned, and the people returned to Rome, B. C. 449. A popular assembly was held, in which ten tribunes were elected, Virginius and Icilius being of the number. Two supreme magistrates were chosen by a free vote of

the people, in the place of the decemvirate, and they were now first called consuls. Their powers were the same with those of the prætors, or generals, who had ruled from the expulsion of the kings to the appointment of the first decemvirate, except that an appeal might be made from their sentence to that of the comitia.

The first consuls under this new act were Valerius and Horatius. They went forth and gained so signal a victory over the Sabines, that Rome suffered no more incursions from that people for 150 years. Ancient custom and even law among the Romans honored victorious generals with a triumphal entry into the city on their return; but the Senate, whose duty it was to decree the triumph, regarding the consuls as false to the interests of their order, forbade any such honor to be paid them. Hereupon the people exerted their supreme authority, and commanded the consuls to "triumph" in spite of the Senate. (See 109-111.) Appius Claudius and one of his colleagues were impeached and died in prison; the rest fled from Rome, and their property was confiscated.

53. A strong reaction now set in, in favor of the patricians; and so determined was their opposition to the new laws, that the people seceded again, but this time only to the Janiculum, west of the Tiber and opposite Rome. At last a law was passed legalizing marriage between the two orders. Instead of throwing open the consulship freely to the plebeians, it was agreed (B. C. 444) to divide its duties and dignities among five officers, of whom two, the censors, should be chosen only from the nobles, though by a free vote of the tribes, while the three military tribunes might be either patricians or plebeians. The censors were to hold office five years, the tribunes only one.

For some alleged defect in the auspices (see 28), the first three tribunes were set aside, and for six years consuls were regularly appointed as before. In 438 B. C., tribunes were elected, and for three following years consuls again, showing the extreme difficulty with which the people gained their rights, even when conceded by law. In 433 B. C., an important law of Æmilius, the dictator, limited the duration of the censor's office to eighteen months, though he was still appointed only once in five years, thus leaving the place vacant a much greater time than it was filled.

54. The censors were invested with truly kingly splendor and extraordinary powers. They registered the citizens and their property, administered the revenues of the state, kept the rolls of the Senate, from which they erased all unworthy names, and added such as they considered fit. In this judgment of character they were guided solely by their own sense of duty. If a man was tyrannical to his wife and children, or cruel to his slaves, if he neglected his land, or wasted his fortune, or followed any dishonorable calling, he was degraded from his rank, whatever that might be. If a senator or a knight, he was deprived of his gold ring and purple

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