was inftead of law. On the principles of natural equity, the decifions of the confuls and of the fenate were founded. Caius Terentillus Arfa, the tribune, propofed the nomination of ten commiffioners to compile a body of laws, which might limit the authority of the confuls, and fecure the rights of the citizens. After various diffentions, with animofity and violence on both fides, the fenate confented to the Terentian law; it was, however, ftipulated, that all the legislators fhould be chofen out of the nobility. Deputies were fent into Greece to study the conftitution of different ftates, and to collect the laws of Solon. On their return, ten of the prin cipal fenators were chofen to compile a body of laws, and invefted with fovereign power for a year. Thus the conftitution took a new form. The confuls and tribunes refigned their office and the Decemvirate was established, in the year before Chrift 303.

The novelty of this form of government, with the wisdom and equity of the governors, rendered it pleafing to the people. The code of laws, written on twelve tables, was hung up to the public view. The fenate approved it; and the people gave their affent with shouts of applause.

This was almoft as remarkable a revolution in the govern→ ment of Rome, as that from kings to confuls. They agreed among themselves, that only one of them, at a time, fhould have the fafces, and other confular ornaments, affemble the fenate, and confirm their decrees. They went every morning, each in his turn, to their tribunal in the forum; and there diftributed juftice with fo much impartiality, that the people, charmed with their conduct, feemed to have quite forgotten their tribunes. Appius that once fevere and inflexible magiftrate, was now all affability and complaifance; and from being the deteftation, became the idol of the people.

A fupplement to the laws being demanded, the fenate agreed that new decemvirs fhould be appointed for the following year. Appius, a haughty Patrician, procured, by fecret arts, the election to fall on himself, and on colleagues devoted to his interest. The new decemvirs became tyrants, and a plan of defpotifm, fay the Roman hiftorians, was concerted between Appius and his affociates in office.

This behaviour of Appius and his companions was strongly oppofed by his uncle Claudius, who went over to the Sabines. The example of Claudius was followed by many families, who, rather than live under this new erected tyranny, went into voluntary exile,

A violation

A violation of the rights of private life precipitated the downfal of the tyrants, and the blood of Virginia reinstated the ancient form of government. On a pretended crime; Appius ordered the daughter of Virginius, a Plebeian, then. in the army, against the Aqui, to be brought before him, and with a view to debauch her, adjudged her a flave to one of his dependants. Virginius being informed of what had paffed, left the camp, and ftabbed his daughter, in the prefence of Appius. "My daughter," faid he, "this is the "only way to fave your liberty and your honour. Go, Vir❝ginia, go to your ancestors, whilst you are yet a free wo"man, pure and undefiled." He then held up the dagger to the Decemvirs, and cried aloud, "Appius, thou tyrant! "with this knife I doom thee to certain death:" Having uttered these words, he immediately ran through the city into the camp, and perfuaded the foldiers to revolt. They all affured him they would ftand by him, in whatever he should undertake against fo wicked a tyrant.

The decemvirs, who commanded the army, being informed of the difpofition of the foldiers, attempted to appease them. The foldiers, however, difregarding their commands, flew to their arms, fnatched up their colours, and entered the city without the least disturbance. Having entrenched themfelves on mount Aventine, they declared that they would not lay down their arms, till the authority was taken from the decemvirs.

As they had not yet chofen a leader, they all cried out with one voice to the deputies from the fenate, who came to afk, why they had left the camp without their general's orders?"Let Valerius and Horatius be fent to us; we will "return no answer to the fenate but by them."

The army wifhed to have Virginius at their head; but he declined that honour. "My daughter," said he, " is dead, " and I have not yet revenged her death. Till her manes are ❝ appeased, I can accept of no dignity. Befides, what pru"dent or moderate counfels can you expect from me, who "am fo incenfed against the tyrants? I fhall be of more fervice "to the common caufe, by acting as a private man."

The decemvirs, finding they could hold their power no longer, offered to refign, whenever the fenate fhould think fit to elect new confuls; only defiring that they might not be facrificed to the hatred of their enemies. A decree was accordingly paffed, abolishing the decemvirate, and restoring the

tribunes,

tribunes, when the decemvirs publickly refigned their authority in the forum, to the great joy of the city *.

The republic having now refumed her ancient form, thê tribunes refolved to profecute the decemvirs. They began with Appius. Virginius, in quality of tribune of the people, declared himfelf his accufer; and, without enumerating all his other crimes, infifted only on his behaviour to Virginia, his daughter. "If you do not inftantly clear yourself from "this breach of the law," faid he, "I will order you to "be carried to prifon." Appius was filent. But when the officers of the tribunes offered to feize him, he appealed to the people, and claimed the protection of the laws juft made in favour of appeals. Virginius anfwered, that Appius was the only perfon who ought not to enjoy the benefit of the laws, which he himself had violated in his decemvirate; and that fuch a monfter ought, without mercy, to be carried to that prifon which he himself had built, and infolently named the habitation of the people of Rome. He was conducted thither, and his trial was fixed for the third market-day; but before that came, he died in prifon, Oppius, one of the plebeian decemvirs, was impeached as an accomplice with Appius, and, like him, thrown into prifon, where he died the fame day. The other eight decemvirs retired into voluntary banifhment, when their eftates were confifcated and fold for the benefit of the public. A general amnefty was then proclaimed, and the ftate, for a fhort time, enjoyed tranquillity.

CHAP. XXVII.

The military Tribunes-Cenfors-Siege of Veii-Triumph of Camillus General Remarks.

IN

NTESTINE difcords, infeparable from republics, prevail most when the conftitution is unfixed. The tribunes had gradually ftripped the patricians of their rights; and the people, after many ftruggles, having obtained a principal fhare in the adminiftration of government, demanded a par ticipation of the whole. With this view two laws were

VOL. L

• Livy.

propofed

propofed; the firft to allow the plebeians to intermarry with the patricians; the fecond, to admit them to the confulfhip. After a violent conteft, in the usual form, the fenate confented to the firft. Determined to have the fecond law alfo paffed, the tribunes, on the approach of the enemy, opposed the levies. This difpute would probably have been attended with fatal confequences, had not one of the fenators, to preferve the honour of the confular dignity, propofed a medium, which was agreed to by both fides. This was, that, instead of confuls, a certain number of military tribunes fhould be chofen, partly out of the fenate, and partly from among the plebeians; and that thefe new magiftrates fhould be invefted with confular power. A decree was immediately paffed for this fourth revolution in the Roman government; and the comitia were held without delay. But when the people came to vote, they refufed to give their fuffrages to any but patricians; fo that only three military tribunes were chofen, who, on the pretence of religion*, refigned their office in three months.

An inter-rex was named, that the commonwealth might not be without a chief. Titus Quinctius, on whom this dignity was conferred, affembled the people, who agreed to reftore the old form of government, when Lucius Papirius Mugillanus, and Lucius Sempronius Atratanus were appointed confuls for the remaining part of the year.

For feveral years paft, foreign wars and domeftic diffentions had prevented the confuls from taking the cenfus. To remedy an evil which might often occur, two new magistrates were chofen, under the name of cenfors, to take a furvey of the numbers and eftates of the people every five years. This office became, by degrees, the most important and honourable in the commonwealth. The cenfors had the right of arranging the claffes, and of opening or fhutting the fenate.

About this time t, Rome was afflicted with famine and peftilence, which carried off great part of the citizens. In this general calamity, Spurius Mælius bought up corn at foreign markets, and distributed it at a low price among the people. This generous conduct gained him great popularity; but the fenate foon became alarmed, and charged him with the defign of afpiring to the fovereign power. Quinctus Cincinnatus, now eighty years old, was a third time chofen dictator, and Mælius was fummoned to appear before him; but he refused to submit, and was killed in the forum by Servilius,

*The Auguries were inauspicious. ↑ A. U. 315. A. C. 448.

the

the dictator's general of the horse, in confequence of a law that every citizen had power to put any man to death without form of trial, provided it could be proved he afpired to the' fovereign dignity.

The Fidene, a Roman colony, revolted at this time from their obedience to Rome, and put themselves under the protection of Tolumnius, king of the Veientes. By the inftigation of this prince, they murdered the Roman Ambaffadors, who were fent to enquire into the reason of this conduct. On this occafion, Mamercus Æmilius was created dictator, who obtained a great victory over the enemy. Tolumnius was flain in the battle by Cornelius Coffus, a legionary tribune, who ftripped him of his armour and royal robes; which, with extraordinary pomp and ceremony, were confecrated to Jupiter Feretrius.

Some years after, the Romans invefted Veii, one of the ftrongest places in Italy. The conftancy of the Roman foldiers was never more fhewn, than on this occafion; for, notwithstanding the inclemency of the weather, they continued the fiege the whole winter, and covered themselves with the fkins of beafts. This famous fiege was carried on with various fuccefs for feveral years, during which time the Roman army was greatly annoyed by the Hetrurians, and other neighbouring nations. The power and bravery of the Veientes may be judged from their refolute defence of the capitol. At laft the Romans determined to carry on the fiege with the utmoft vigour, and appointed Furius Camillus, a brave officer, dictator. Defpairing to carry by affault a place which had a whole army for its garrifon, Camillus caufed a paffage to be dug under ground to the very caftle At the fame time, he amufed the enemy by the appearance of a general attack, and whilft they ftood on their defence on the walls of the city, the befiegers made themfelves mafters of the town. Thus was the rich and ftrong city of Veii taken, like a fecond Troy, after a fiege of ten years. The booty, which was immenfe, was divided among the foldiers.

Camillus, tranfported with the honour of fubduing this great rival of Rome, triumphed in a more magnificent manner than ufual, and caufed his chariot to be drawn by four milk-white horfes. This was looked upon as a fingular act of vanity in the dictator, as the Romans held the horfes of that colour facred, and peculiar only to Jupiter and the Sun.

From the perpetual oppofition of the tribunes the confuls could feldom raife an army without naming a dictator. To break this dependance upon the tribunes, the fenate contrived