Titus Livius (Livy) Ab urbe condita 3.38

The Ides of May came. Without causing any magistrates to be elected, the decemvirs, now private citizens, appeared in public with no abatement either of the spirit with which they exercised their power or the insignia which proclaimed their office.

[2] But this was unmistakable tyranny. Men mourned for liberty as for ever lost; nor did any one arise, or seem likely to do so, in its defence. And not only had the people themselves lost heart; but they had begun to be despised by the neighbouring nations, who could ill brook the existence of imperial power where there was no liberty. ¹

[3] The Sabines made an incursion with a large force into Roman territory, which they everywhere laid waste. Having safely driven off their ² booty, comprising men and beasts, they withdrew their army, which had ranged far and wide, to Eretum. There they established a camp, hoping that the want of harmony at Rome would interfere with the levying of troops. Not only the messengers who came, but the flight of the country-people, who thronged the City, inspired a feeling of dismay.

[4] The decemvirs considered what they had best do; for they were left in the lurch by the hatred of the patricians on the one side and of the plebs on the other.

[5] Moreover Fortune sent an additional alarm. The Aequi came from another quarter and encamped on Algidus, and from there raided the lands of Tusculum. Tusculan envoys brought tidings of these acts, and besought protection. The fright which this occasioned drove the decemvirs, now that the City was hemmed in between two simultaneous wars, to consult the senate.

[6] They ordered the Fathers to be summoned to the Curia, though they were not ignorant how great a storm of unpopularity was brewing:

[7] the devastation of the land and the dangers which impended would be laid by everybody at their doors; and this would lead to an attempt being made to abolish their magistracy, unless they presented a united resistance, and by sharply exercising their power upon the few really daring spirits, put a stop to the efforts of the rest.

[8] When the crier's voice was heard in the Forum, calling the senators to meet the decemvirs in the Curia, it was like an innovation, so long had they disregarded the custom of consulting the senate, and it aroused the attention of the plebs, who wondered what in the world could have happened, that after so long an interval they should be reviving a forgotten usage; the enemy and ³ the war deserved men's gratitude, if anything whatever was being done which was usual in a free state.

[9] Men looked about in every corner of the Forum to discover a senator, and seldom recognized one anywhere; then their glances rested on the Curia and the decemvirs sitting there alone.

[10] Meantime the decemvirs themselves explained the Fathers' failure to assemble as owing to the universal detestation of their rule; the commons as due to their having no authority, being private citizens, to convoke the senate: a beginning, it seemed, was already being made towards the recovery of freedom, if the plebs would join with the senate; and if, even as the Fathers were refusing, when summoned, to attend the session, so they, for their part, would reject the levy. Such were the murmurs of the plebs.

[11] Of senators there was scarce one in the Forum, and there were but few in the City. In their resentment at the situation they had withdrawn to their farms and were absorbed in their private affairs, disregarding those of the nation; for they felt that they were secure from insult only so far as they removed themselves from contact and association with their tyrannical masters.

[12] When on being cited they failed to appear, officers were sent round to their houses, for the double purpose of exacting fines and of ascertaining whether their recalcitrancy were deliberate. They reported that the senators were in the country. This was more pleasing to the decemvirs than if they had announced that the Fathers were in town and repudiated their authority.

[13] They commanded them all to be summoned, and proclaimed a meeting of the senate for the following day. This session was somewhat better attended than they had ⁴ themselves expected. Whereupon the plebs concluded that liberty had been betrayed by the senators, since those who had already gone out of office and were mere private citizens, save for the force they exercised, were obeyed by them as though they had the authority to command.

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, ¹ 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,

[2] 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

[3] 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 Aequans on the opposite side pitch their camp at Algidum; and ambassadors from Tusculum, imploring relief, bring accounts that the Tusculan land was ravaged

[4] by detachments from thence. The panic occasioned hereby urged the decemvirs to consult the senate, two wars at the same time surrounding the city. They order the patricians to be summoned into the senate-house, well aware what a storm of resentment was ready to break upon them; that all would heap on them the causes of the land laid waste, and of the dangers which threatened them; and that that would occasion an attempt to abolish their office, if they

[5] did not unite in resisting, and by enforcing their authority with severity on a few of an intractable spirit repress the efforts of others. When the voice was heard in the forum of the crier summoning the senators into the senate-house before the decemvirs; as a matter altogether new, because they had long since laid aside the custom of consulting the senate, it attracted the attention

[6] of the people, who expressed their surprise:

[7] They looked around for a senator through all parts of the forum, and seldom recognised one any where: they then directed their attention to the senate-house, and to the solitude around the decemvirs: whilst both they themselves referred the non-assembling of the patricians to their own universally detested government, and the commons (would have it, that the cause of the non-assembling was) because, being but private citizens, they (the decemvirs) had no right to convene the senate; ² Such were the remarks of the commons. There was scarcely any of the patricians in the forum, and but very few in the city. In disgust with the state of affairs, they had retired into the country, and were attending to their own affairs, renouncing all

[8] public concerns, considering that they themselves were aloof from ill-treatment in proportion as they should remove themselves from the meeting and converse of their imperious masters. When those who had been summoned did not assemble, apparitors were despatched to their houses, both to levy the penalties, ³ and to ascertain whether they declined attendance through design? They bring back word that the senate was in the country. This was more pleasing to the decemvirs, than if they brought word that they were present and refused obedience to their commands. They command them all to be sent for, and proclaim a meeting of the senate for the following day; which congregated together in much greater numbers than they themselves had

[9] expected. By which proceeding the commons considered that their liberty was betrayed by the patricians, because the senate had obeyed those persons, as if they had a right to compel them, who had already gone out of office; and were but private individuals, were it not for the violence employed by them. ⁴

[1] The fifteenth of May arrived, the decemvirs' term of office expired, but no new magistrates were appointed. Though now only private citizens, the decemvirs came forward as determined as ever to enforce their authority and retain all the emblems of power.

[2] It was now in truth undisguised monarchy. Liberty was looked upon as for ever lost, none stood forth to vindicate it, nor did it seem likely that any one would do so. Not only had the people sunk into despondency themselves but they were beginning to be despised by their neighbours, who scorned the idea of sovereign power existing where there was no liberty.

[3] The Sabines made an incursion into Roman territory in great force, and carrying their ravages far and wide, drove away an immense quantity of men and cattle to Eretum, where they collected their scattered forces and encamped in the hope that the distracted state of Rome would prevent an army from being raised. Not only the messengers who brought the information but the country people who were flying into the City created a panic.

[4] The decemvirs, hated alike by the senate and the plebs, were left without any support, and whilst they were consulting as to the necessary measures, Fortune added a fresh cause of alarm.

[5] The Aequi, advancing in a different direction, had entrenched themselves on Algidus, and from there were making predatory incursions into the territory of Tusculum . The news was brought by envoys from Tusculum who implored assistance. The panic created unnerved the decemvirs, and seeing the City encompassed by two separate wars they were driven to consult the senate.

[6] They gave orders for the senators to be summoned, quite realising what a storm of indignant resentment was awaiting them, and that they would be held solely responsible for the wasted territory and the threatening dangers.

[7] This, they expected, would lead to an attempt to deprive them of office, unless they offered a unanimous resistance, and by a sharp exercise of authority on a few of the most daring spirits repress the attempts of the others.

[8] When the voice of the crier was heard in the Forum calling the patricians to the Senate-house to meet the decemvirs, the novelty of it, after so long a suspension of the meetings of the senate, filled the plebeians with astonishment. “What,” they asked, “has happened to revive a practice so long disused? We ought to be grateful to the enemy who are menacing us with war, for causing anything to happen which belongs to the usage of a free State.”

[9] They looked in every part of the Forum for a senator, but seldom was one recognised; then they contemplated the Senate-house and the solitude round the decemvirs.

[10] The latter put it down to the universal hatred felt for their authority, the plebeians explained it by saying that the senators did not meet because private citizens had not the right to summon them. If the plebs made common cause with the senate, those who were bent on recovering their liberty would have men to lead them, and as the senators when summoned would not assemble, so the plebs must refuse to be enrolled for service. Thus the plebeians expressed their opinions. As to the senators, there was hardly a single member of the order in the Forum, and very few in the City.

[11] Disgusted with the state of matters they had retired to their country homes and were attending to their own affairs, having lost all interest in those of the State. They felt that the more they kept away from any meeting and intercourse with their tyrannical masters the safer would it be for them.

[12] As, on being summoned, they did not come, the ushers were despatched to their houses to exact the penalties for non-attendance and to ascertain whether they absented themselves of set purpose. They took back word that the senate was in the country. This was less unpleasant for the decemvirs than if they had been in the City and had refused to recognise their authority.

[13] Orders were issued for all to be summoned for the following day. They assembled in greater numbers than they themselves expected. This led the plebeians to think that their liberty had been betrayed by the senate, since they had obeyed men whose term of office had expired and who, apart from the force at their disposal, ¹ were only private citizens; thus recognising their right to convene the senate.