m the spoils of the three brothers: his sister, a maiden who
had been betrothed to one of the Curiatii, met him before the gate
Capena: and having recognized her lover's military robe, which she
herself had wrought, on her brother's shoulders, she tore her hair, and
with bitter wailings called by name on her deceased lover. The sister's
lamentations in the midst of his own victory, and of such great public
rejoicings, raised the indignation of the excited youth. Having
therefore drawn his sword, he run the damsel through the body, at the
same time chiding her in these words: "Go hence, with thy unseasonable
love to thy spouse, forgetful of thy dead brothers, and of him who
survives, forgetful of thy native country. So perish every Roman woman
who shall mourn an enemy." This action seemed shocking to the fathers
and to the people; but his recent services outweighed its guilt.
Nevertheless he was carried before the king for judgment. The king, that
he himself might not be the author of a decision so melancholy, and so
disagreeable to the people, or of the punishment consequent on that
decision, having summoned an assembly of the people, says, "I appoint,
according to law, duumvirs to pass sentence on Horatius for
[35]treason." The law was of dreadful import. [36]"Let the duumvirs pass
sentence for treason. If he appeal from the duumvirs, let him contend by
appeal; if they shall gain the cause,[37] cover his head; hang him by a
rope from a gallows; scourge him either within the pomoerium or
without the pomoerium." When the duumvirs appointed by this law, who
did not consider that, according to the law, they could [38]acquit even
an innocent person, had found him guilty; one of them says, "P.
Horatius, I judge thee guilty of treason. Go, lictor, bind his hands."
The lictor had approached him, and was fixing the rope. Then Horatius,
by the advice of Tullus,[39] a favourable interpreter of the law, says,
"I appeal." Accordingly the matter was contested by appeal to the
people. On that trial persons were much affected, especially by P.
Horatius the father declaring, that he considered his daughter
deservedly slain; were it not so, that he would by his authority as a
father have inflicted punishment on his son.[40] He then entreated that
they would not render childless him whom but a little while ago they had
beheld with a fine progeny. During these words the old man, having
embraced the youth, pointing to the spoils of the Curia