Ab urbe condita
Titus Livius (Livy)
Livy. History of Rome, Volumes 1-2. Roberts, Canon, Rev, translator. London, New York: J. M. Dent and Sons; E. P. Dutton and Co., 1912.
name. The triumphant soldier was so enraged by his sister's outburst of grief in the midst of his own triumph and the public rejoicing that he drew his sword and stabbed the
girl. “Go,” he cried, in bitter reproach, “go to your betrothed with your ill-timed love, forgetful as you are of your dead brothers, of the one who still lives and of your
country! So perish every Roman woman who mourns for an enemy!” The deed horrified patricians and plebeians alike; but his recent services were a set-off to it. He was brought before the king for trial. To avoid responsibility for passing a harsh sentence, which would be repugnant to the populace, and then carrying it into execution, the king summoned an assembly of the people, and said: “I appoint two duumvirs to judge the treason of Horatius according to
law.” The dreadful language of the law was: “The duumvirs shall judge cases of treason; if the accused appeal from the duumvirs the appeal shall be heard; if their sentence be confirmed the lictor shall hang him by a rope on the fatal tree and shall scourge him either within or without the
pomoerium.” [*](pomoerium —A space within and without the City walls which, as sacred, was kept clear of all buildings. As the City grew so the pomoerium was extended. Here it is equivalent to the limits of the City (see Livy's account in chap. xliv.).) The duumvirs appointed under this law did not think that by its provisions they had the power to acquit even an innocent person. Accordingly they condemned him; then one of them said “Publius Horatius, I pronounce you guilty
of treason. Lictor, bind his hands.” The lictor had approached and was fastening the cord, when Horatius, at the suggestion of Tullus, who placed a merciful interpretation on the law, said
“I appeal.” The appeal was accordingly brought before the people. Their decision was mainly influenced by Publius Horatius the father, who declared that his daughter had been justly slain , had it not been so, he would have exerted his authority as a father in punishing his son. Then he implored them not to bereave of all his children the man whom they had so lately seen surrounded with such
noble offspring. Whilst saying this he embraced his son, and then, pointing to the spoils of the Curiatii suspended on the spot now called the Pila Horatia, he said: “Can you bear, Quirites, to see bound scourged, and tortured beneath the gallows the man whom you saw, lately, coming in triumph adorned with his foemen's spoils? Why, the Albans themselves could not bear the sight of such a
hideous spectacle. Go, lictor, bind those hands which when armed but a little time ago won dominion for the Roman people. Go, cover the head of the liberator of this City! Hang him on the fatal tree, scourge him within the pomoerium if only it be amongst the trophies of his foes or without if only it be amongst the tombs of the Curiatii! To what place can you take this youth where the monuments of his splendid exploits will not vindicate him from such a