The History of Rome (1.26.5-1.26.9)

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.” [*] 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