would on no account permit Virginius to quit the camp. But this unfortunate man, whom his friends had found means to inform of the situation of his child, was already on his way. He got to Rome without hinderance, and to the confusion of the decemvir, appeared next day in the forum, supporting in his arms his daughter drowned in tears. An immense crowd attended; and all awaited the issue of this interesting question, their breasts alternately agitated with fear, with compassion, and indignation.

Appius, determined to prosecute his purpose, had ordered the troops to surround the forum. He now called on Marcus to make his demand, and to produce the proofs of his claim. To these Virginius was at uo loss to give the most satisfying answers, which fully exposed the villany of the imposture. Appius was not to be thus foiled. With the most unparalleled effrontery he stood forth as a witness as well as a judge; declaring that it was consistent with his own knowledge that the plea of Marcus was true. He therefore gave his final sentence, that the slave should be delivered up to her lawful master, and ordered his officers to enforce without delay, the execution of his decree. The soldiers were removing the crowd, and Marcus together with the lictors, was advancing to seize Virginia, who clung for protection around the neck of her father. "There is," said he, "but one way my dear child, to save thy honour and preserve thy liberty." Then seizing a knife from the stall of a butcher" Thus," said he, striking her to the heart, "thus, I send thee to thy forefathers unpolluted and a free woman. 99 Then turning to the tribunal of Appius, "Thou monster!" cried he, "with this blood I devote thy head to the infernal gods!" Appius, in a transport of rage, called out to the lictors to seize Virginius; but he rushing out from the forum, and making way for himself with the knife which he held in his hand, while the multitude favoured his escape, got safe without the city, and arrived in a few hours at the

camp. Meantime Numitorius and Icilius exposed the bleeding body to the sight of the whole people, who inflamed to the highest pitch of fury, would have torn Appius to pieces, had he not found means to escape amidst the tumult, and to conceal himself in the house of one of his friends.

Valerius and Horatius, two of the senators, men of consular dignity, and who had opposed the last creation of decemviri, now put themselves at the head of the people. They promised them the redress of all their wrongs, and the abolition of those hated magistrates; but urged that they should first wait the resolution of the army, which could not fail to coincide with their own.

The unfortunate Virginius had no sooner acquainted his fellow-soldiers of what had happened, than there was a general insurrection. Without regard to the orders of the decemvirs in the camp, the whole army, headed by their centurions, marched to Rome, and, retiring to the Aventine mount, chose ten leaders with the title of military tribunes. They then declared their determined purpose of abolishing the decemvirate, and re-establishing the consular government, together with the tribunes of the people. The senate was assembled. The decemvirs thought proper voluntarily to resign their office. Valerius and Horatius were chosen consuls; and the popular magistrates, the tribunes, were elected with the same powers as formerly, which reinstated the people at once in all their rights and privileges.

Among the tribunes first chosen were Virginius, Icilius, and Numitorius. It may be believed that their vengeance against the infamous Appius was not long delayed. Virginius cited him before the people, at whose orders he was seized and thrown into prison, where, a few days after, he was found dead. It was suspected (says Dionysius) that he was privately strangled by order of the tribunes; but others, with more probability, affirm that he chose to escape a

certain and ignominious fate by a voluntary death. His colleague Oppius, the chief abettor of his crimes, had the same catastrophe, and the rest underwent a voluntary banishment, while their goods were forfeited to the public use. Such is the history of the decemvirate, that inauspicious and short lived magistracy, which was thus violently terminated in the third year after its institution." 1. *X

CHAPTER VI.

Law against intermarriage of Patricians ana Plebeians repealed Military Tribunes created-Creation of Censorstheir high powers of office-A regular pay assigned to the Army introduces a new balance into the Constitution-Consequences of-Siege of Veii--Romans begin to extend their conquests-Reflections on the state of the Republic at this period-War with the Gauls-Its fabulous aspect-New popular Laws-Institution of the office of Prætor-of Quæstor-of Edile-Licinian law, limiting property in land.

No sooner was tranquillity in some measure re-established in the city of Rome, than the consuls Valerius and Horatius, at the head of a large army, animated

* An amusing comparison may be made of the talents of the two great historians of the Roman republic, Livy and Dionysius of Halicarnassus, in the accounts they have given of that celebrated event, the death of Virginia by the hand of her father, and its important consequences. In Livy, we have a concise, clear, and animated narrative, where no circumstance is superfluous, no observation strained or far-fetched, nor any thing omitted which contributes to the effect of the picture. In Dionysius, we wade through a minute detail of facts, and a laborious legal discussion, resembling the report of a lawprocess, in which every argument is brought forward, and every reflection anticipated, that the mind can form upon the case. It is easy to judge which method of writing is best adapted to historical composition. Vide Liv. lib. iii. c. 31–59; and Dion. Hal., Ant. Rom., lib. xi.

with the spirit of patriotism which the late events had strongly stimulated, marched against the enemy. The Volsci and Equi sustained a complete defeat; but the senate, jealous, as is said, of the too great popularity of the successful generals, thought proper to refuse them the honours of a triumph. The consuls, indignant at this insult, applied to the people, who unanimously decreed them this reward of their services. Thus the senate most imprudently threw away its privileges; and every day gave some new accession of weight to the scale of the people.

Two powerful barriers which at this time subsisted between the patricians and people were, the law which prevented the intermarriage of these orders, and another ordinance which excluded the people from the consulate and higher offices of the state. It was only necessary to remove these two obstructions, to bring the separate ranks to a perfect equality in every substantial privilege of Roman citizens; and the people were determined to leave no means untried for the accomplishment of this end.

On the occasion of a new war, the ordinary device was practised of refusing to enter the rolls. In this purpose the people were obstinate; and the tribunes proposed, as the only expedient to bring them to compliance, that the law against intermarriage should be repealed; a measure which, they urged, would be equally advantageous for both parties, as it would tend to a union of their interests, and put an end to those perpetual jealousies and contentions which were so ruinous to the republic.

There were three different modes by which marriage could be contracted among the Romans. The marriages of the patricians were celebrated in the presence of ten witnesses, and with a variety of religious ceremonies peculiar to their order. The people married after two different forms: the one was by a species of sale, smptio venditio (by buying and selling); and the other by the simple cohabitation of the parties for a year,

which by law constituted a marriage. Religion, therefore, made a barrier between the patricians and people in this article; and this necessarily constituted the principal objection against the repeal of the law. The senate, however, saw the necessity of some concessions; and they judged that, by granting this request, they would put a stop to any further claims, at least for the present. But they were mistaken. The spirit of encroachment is never allayed by concession. This law was no sooner repealed than the people, with the same obstinacy, refused to enrol themselves till a second law was passed, admitting them to the capacity of holding all the offices of the republic.

No measure could be more galling than this to the pride of the patricians; but the necessity was extreme, as the enemy was at the gates of Rome. The senate sought a palliative to content both parties. It was determined to suspend for a time the office of the consuls, and to create in their place six military tribunes, with a similar extent of power, three of whom should be patricians and three plebeians. This proposal was heartily embraced by the people, who, provided they were admitted to the chief dignity of the state, did not value under what title it was; and the senators, on the other hand, flattered themselves that, having preserved the consulship inviolate, they would soon be able to restore that magistracy. While they were thus soothing themselves with shadowy distinctions, it was very evident that they were daily losing substantial power.

It was customary for those who were candidates for any magistracy to appear in the comitia, clad in white apparel. The plebeians, who aspired to the military tribunate, appeared accordingly in that dress; but as the votes were called by centuries, and the patricians had been at some pains to influence their dependants, it happened that not one of the people was elected. Three months afterward, the military tribunes, as had been preconcerted. resigned their office