35
But when the assembly for electing decemvirs was proclaimed for the third market-day, so strong a flame of ambition blazed forth, that the first men of the state began to canvass individuals, (through fear, I suppose, lest the possession of such high authority might become accessible to persons not sufficiently worthy, if the post were left unoccupied by themselves,) suppliantly soliciting for an honour, which had been opposed by them with all their might, from that commons with whom they had so often contended. Their dignity now lowered to the risk of a contest, at such an age, and after passing through such honours, stimulated the exertions of Appius Claudius. You would not know whether to reckon him among the decemvirs or the candidates; he resembled more closely one canvassing for the office than one invested with it; he aspersed the nobility, extolled every most insignificant and humble candidate; surrounded by the Duilii and Icilii who had been tribunes, he bustled about the forum, through their means he recommended himself to the commons; until his colleagues even, who till then had been extremely devoted to him, turned their eyes on him, wondering what he meant. It was evident to them, that there was no sincerity in it; "that certainly such affability amid such pride would not be for nothing. That this excessive lowering of himself, and putting himself on a level with private citizens, was not so much the conduct to be expected from one hastening to go out of office, as of one seeking the means of continuing that office." Not daring openly to oppose his wishes, they set about baffling his ardour by humouring it. They by common consent confer on him, as being the youngest, the office of presiding at the elections. This was an artifice, that he might not appoint himself; which no one ever did, except the tribunes of the people, and that too with the very worst precedent. He, however, declaring that with the favour of fortune he would preside at the elections, seized on the (intended) obstacle134 as a happy occasion; and having by a coalition foiled the two Quintii, Capitolinus and Cincinnatus, and his own uncle, Caius Claudius, a man most stedfast in the interest of the nobility, and other citizens of the same eminence, he appoints as decemvirs men by no means equal in rank of life: himself in the first instance, which proceeding honourable men disapproved so much the more, as no one had imagined that he would have the daring to act so. With him were elected Marcus Cornelius-Maluginensis, Marcus Sergius, Lucius Minutius, Quintus Fabius Vibulanus, Quintus Pœtelius, Titus Antonius Merenda, Cæso Duilius, Spurius Oppius Cornicen, Manius Rabuleius.135
36
This was the end of Appius's assumption of a character not his own. Henceforward he began to live according to his own natural disposition, and to mould to his own temper his new colleagues before they should enter on their office. They held daily meetings remote from witnesses: then, furnished with their schemes of tyranny,136 which they digested apart from others, no longer dissembling their arrogance, difficult of access, morose to all who addressed them, they carried out the matter to the ides of May. The ides of May were at that time the usual period for commencing office. At the commencement then of their magistracy, they rendered the first day of their office remarkable by making an exhibition of great terror. For when the preceding decemvirs had observed the rule, that only one should have the fasces, and that this emblem of royalty should pass through all in rotation, to each in his turn, they all suddenly came forth with the twelve fasces. One hundred and twenty lictors filled the forum, and carried before them the axes tied up with the fasces: and they explained that it was of no consequence that the axe should be taken away, as they had been appointed without the privilege of appeal.137 There was the appearance of ten kings, and terrors were multiplied not only in the humblest individuals, but even in the principal men among the patricians, who thought that a pretext and commencement of bloodshed were sought for; so that if any one should utter a word favourable to liberty, either in the senate or in a meeting of the people, the rods and axes would be instantly brought forward, even to intimidate the rest. For besides that there was no protection in the people, the right of appeal being done away with, they had also by mutual consent prohibited interference with each other:138 whereas the preceding decemvirs had allowed the points of law decided by themselves to be amended by appeal to a colleague, and had referred to the people some points which might seem to come within their own jurisdiction. For a considerable time the terror seemed equalized among all ranks; gradually it began to turn entirely on the commons. They spared the patricians; arbitrary and cruel treatment was shown to the humbler classes: they were wholly respective of the person, not of the cause: as being persons with whom interest usurped the force of justice. Their decisions they concerted at home, and pronounced in the forum. If any person appealed to a colleague, he left the one to whom he had appealed in such a manner as to regret that he had not abided by the sentence of the former. An opinion also had gone abroad without an authority, that they had conspired in their tyranny not only for the present time, but that a clandestine league had been struck among them (accompanied) with an oath, that they would not hold the comitia, and that by perpetuating the decemvirate they would retain the power now in their possession.
37
The plebeians then began to watch narrowly the countenances of the patricians, and (hoped) to catch the breeze of liberty from that quarter, by apprehending slavery from which, they had brought the republic into its present condition. The leading members of the senate detested the decemvirs, detested the commons; they neither approved of what was going on, and they considered that what befell the latter was not without their deserving it. They were unwilling to assist men who, by rushing too eagerly towards liberty, had fallen into slavery: they even heaped injuries on them, that, from their disgust at the present state of things, two consuls and the former mode of government may at length become desirable. The greater part of the year was now passed, and two tables of laws had been added to the ten tables of the former year; and if these laws also were once passed in an assembly of the centuries, there now remained no reason why the republic should require that form of government. They were anxiously waiting to see how soon the assembly would be proclaimed for the election of consuls. The commons were only devising by what means they should re-establish the tribunitian power, that bulwark of their liberty, a thing now so long discontinued. When in the mean time no mention was made of the elections, and the decemvirs, who had at first exhibited themselves to the people, surrounded by men of tribunitian rank, because that was deemed popular, now guarded themselves by collecting young patricians; troops of these beset the tribunals. These seized and drove about the commons, and the effects of the commons; when success attended the more powerful individual, as far as obtaining any thing he might covet.139 And now they spared not even their backs. Some were beaten with rods; others had to submit to the axe; and lest such cruelty might go for nothing, a grant of his effects followed the punishment of the owner. Corrupted by such bribes, the young nobility not only made no opposition to oppression, but openly avowed their preference of their own gratification to the general liberty.
38
The ides of May came. No new election of magistrates having taken place, private persons came forth as decemvirs, without any abatement either in their determination to enforce their authority,140 or any diminution in the emblems employed to make a parade of their station. This indeed seemed to be regal tyranny. Liberty is now deplored as lost for ever; nor does any champion stand forth, or appear likely to do so. And not only they themselves sunk into despondence, but they began to be looked down upon by the neighbouring states; and they felt indignant that dominion should exist where liberty was lost. The Sabines with a numerous body of men made an incursion on the Roman territory; and having committed extensive devastations, after they had driven with impunity booty of men and cattle, they recalled their troops which had been dispersed in different directions to Eretum, and pitch their camp there, grounding their hopes on the dissensions at Rome; (and trusting) that they would prove an obstruction to the levy. Not only the couriers, but the flight of the country people through the city, occasioned alarm. The decemvirs consult what should be done. Whilst they were thus left destitute between the hatred of the patricians and people, fortune added, moreover, another cause of alarm. The Æquans on the opposite side pitch their camp at Algidum; and ambassadors from Tusculum, imploring relief, bring accounts that the Tusculan land was ravaged by detachments
