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Updated: June 8, 2025
Here they held an assembly according to their tribes, in which the pontifex Maximus presided; and they now, for the first time, elected ten tribunes first Virginius, Numitorius, and Icilius, then Duillius and six others: so full were their minds of the wrong done to the daughter of Virginius; so entirely was it the blood of young Virginia that overthrew the decemvirs, even as that of Lucretia had driven out the Tarquins.
The intention seems to have been that the decemvirs should, on their retiring, propose to the people to re-elect the consuls who should now judge no longer according to their arbitrary pleasure but according to written law. The plan, if it should stand, was a wise one; all depended on whether men's minds exasperated on either side with passion would accept that peaceful adjustment.
After the permission of the decemvirs, each private law-giver promulgated his verbal or written testament in the presence of five citizens, who represented the five classes of the Roman people; a sixth witness attested their concurrence; a seventh weighed the copper money, which was paid by an imaginary purchaser, and the estate was emancipated by a fictitious sale and immediate release.
Caius Claudius, who, detesting the crimes of the decemvirs and, above all, incensed at the arrogant conduct of his brother's son, had retired to Regillum, the country of his forefathers, having returned, though now advanced in years, to deprecate the dangers impending over that man, whose vices he had shunned, now clad in a mourning garment, with the members of his family and his clients, went about the forum, and solicited the interest of the citizens individually, "That they would not cast such a stain on the Claudian family, as to consider them deserving of imprisonment and chains; that a man whose image would be most highly honoured with posterity, the framer of their laws and the founder of Roman jurisprudence, lay in chains amongst nightly thieves and robbers.
In addition to the reverses sustained at the hands of the enemy, the decemvirs were guilty of two monstrous deeds, one abroad, and the other in the city.
"At length our sectionary decemvirs, who thus placed themselves above the law, discovered the grant of my father-in-law's pension, which, like all similar grants, being excluded from the privilege of inscription on the great register of public debts, had been left in his port-folio; and which began, as all such grants necessarily must, with the words, Louis, &c.
But if the tribunes acknowledged themselves bound by the same agreement for abolishing the right of appeal, which they charged the decemvirs with having conspired to form, then he appealed to the people, he implored the aid of the laws passed that very year, both by the consuls and tribunes, regarding the right of appeal.
On this principle the civilians of every country have erected a similar jurisprudence, the fair conclusion of universal reason and justice. Yet among the same people, according to the rigid maxims of the patricians and decemvirs, a naked pact, a promise, or even an oath, did not create any civil obligation, unless it was confirmed by the legal form of a stipulation.
Still the decemvirs refused to lay down their power; then the army with its tribunes appeared in the city, and encamped on the Aventine.
Of these demands the deputies of the senate agreed to the three first; but the fourth, they said, was unworthy of a free people; it was a piece of tyranny, as bad as any of the worst acts of the late government; and it was needless, because anyone who had reason of complaint against the late decemvirs might proceed against them according to law.
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