head, hang him by a rope
on the accursed tree, scourge him either within the pomerium,[24]or
without the pomerium." The duumvirs appointed in accordance with this
decision, who did not consider that, according to that law, they could
acquit the man even if innocent, having condemned him, then one of
them said: "Publius Horatius, I judge thee guilty of treason. Lictor,
bind his hands." The lictor had approached him, and was commencing to
fix the rope round his neck. Then Horatius, on the advice of Tullus,
a merciful interpreter of the law, said, "I appeal." Accordingly the
matter was contested before the people as to the appeal. At that trial
the spectators were much affected, especially on Publius Horatius
the father declaring that he considered his daughter to have been
deservedly slain; were it not so, that he would by virtue of his
authority as a father have inflicted punishment on his son. He then
entreated them that they would not render him childless, one whom but
a little while ago they had beheld blessed with a fine progeny. During
these words the old man, having embraced the youth, pointing to the
spoils of the Curiatii hung up in that place which is now called Pila
Horatia,[25] "Quirites," said he, "can you bear to see bound beneath
the gallows, amid scourgings and tortures, the man whom you just now
beheld marching decorated with spoils and exulting in victory--a sight
so shocking that even the eyes of the Albans could scarcely endure it?
Go then, lictor, bind those hands, which but a little while since,
armed, won sovereignty for the Roman people. Go, cover the head of the
liberator of this city: hang him on the accursed tree: scourge him,
either within the pomerium, so it be only amid those javelins and
spoils of the enemy, or without the pomerium, so it be only amid the
graves of the Curiatii. For whither can you lead this youth, where his
own noble deeds will not redeem him from such disgraceful punishment?"
The people could not withstand either the tears of the father, or the
spirit of the son, the same in every danger, and acquitted him more
from admiration of his bravery, than on account of the justice of his
cause. But that so clear a murder might be at least atoned for by some
expiation, the father was commanded to expiate the son's guilt at the
public charge. He, having offered certain expiatory sacrifices, which
were ever after continued in the Horatian family, and laid a beam
across the street, mad